Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Sublease.
Appears in 2 contracts
Samples: Lease (Pulmonx Corp), Lease (Pulmonx Corp)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease PremisesPremises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or any part thereof delayed. Once Tenant submits a request to Landlord for approval in accordance with the notice requirements of this Lease, Landlord shall notify Tenant in writing within ten (and/or 10) business days whether such request is acceptable and, if not, Landlord shall set forth in any other part reasonable detail those items which are not acceptable. Notwithstanding anything herein to the contrary, Tenant may make alterations, additions or improvements to the interior walls, ceiling and carpeting within the Premises and non-structural alterations of less than $10,000 ) (collectively, “Permitted Alterations”) without the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord having first received the consent of Landlord. If Landlord consents to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in and with respect to any other part Permitted Alterations, before commencement of the Master Lease Premiseswork or delivery of any materials onto the Premises or into the Building, Tenant shall furnish to Landlord for approval (i) plans and specifications, (ii) names and addresses of contractors, (ill) copies of contracts, necessary permits and licenses and (iv) instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such work, all in such form, substance and amount as may be satisfactory to Landlord. In addition, prior to commencement of any such work or delivery of any materials into the Premises, Tenant shall provide Landlord with appropriate evidence of Tenant’s ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may require. All alterations, 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 only by contractors or improvements undertaken, or caused mechanics approved by Landlord and shall be subject to be undertaken, by Sublandlord in or Landlord’s scheduling requirements and regulations. Tenant further agrees to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant Landlord harmless from any and all Claims liabilities of personal injury every kind and description which may arise out of or property damage (to the extent not covered by insurance) arising from, be connected in any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere way with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord said alterations, additions or improvements. Anything herein All contractors and subcontractors must execute a Tenant’s Contractor and Subcontractor Agreement prior to beginning any work on the Premises. Before commencing any to the contrary notwithstandingBuilding, Subtenant including the Premises, occasioned by such alterations, additions and improvements work in connection with such alterations, additions or improvements, Tenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the furnish Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of or be connected in any way with said alterations, additions or improvements. Tenant shall permit Landlord to supervise construction operations in connection with the foregoing work if Landlord requests to do so. Tenant shall pay the cost of all such alterations, additions and improvements, as well as the cost of decorating 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 form required by Section 4.4 hereoflaw, (ii) Subtenant has delivered to Sublandlord and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations, additions and improvements shall comply with all insurance requirements and with all city and county ordinances and regulations and with the monthly installment requirements of Base Rent due of the first month of the Sublease Term all state and the security deposit referred to in Section 5.4 of this Sublease federal statutes and (iii) Master Landlord has consented to this Subleaseregulations.
Appears in 2 contracts
Samples: Office Lease (ElectroCore, LLC), Office Lease (ElectroCore, LLC)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or including but not limited to roof and wall penetrations) which cost in any other part excess of $10,000.00 per project without the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy prior written consent of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation Landlord which shall not be reasonably withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and 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 in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. 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 otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to any personal injuries or property damage to the extent caused their original condition by the negligence date of termination of this Lease or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance upon earlier vacating of the AlterationsPremises, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other if Landlord so elects prior to afford Subtenant access to and use termination of as much this Lease or upon earlier vacating of the Sublease Premises as is reasonably practicable during the period of any Sublandlord Premises, such alterations, additions additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or improvements. Anything herein upon earlier vacating of the Premises and shall be delivered up to the contrary notwithstandingLandlord with the Premises. All shelves, Subtenant bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall not be permitted to access and/or occupy removed by the Sublease date of termination of this Lease or upon earlier vacating of the Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance if required by Section 4.4 hereof, (ii) Subtenant has delivered Landlord; upon any such removal Tenant shall restore the Premises to Sublandlord their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the monthly installment primary structure of Base Rent due structural qualities of the first month of buildings and other improvements situated on the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleasePremises.
Appears in 2 contracts
Samples: Intracel Corp, Intracel Corp
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements Tenant shall make no changes in or to the Sublease Premises shall be subject demised premises of any nature without Owner's prior written consent. Subject to (i) the prior written consent of Sublandlord (which shall not be unreasonably withheld) Owner and Master Landlord, and (ii) to the terms and conditions provisions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterationsarticle, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master LeaseTenant at Tenant's expense, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterationsmay make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Sublease Premises interior of, the demised premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within ten days thereafter, at Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the Commencement Date date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in same shall be removed from the Sublease Premises premises by Tenant prior to the Commencement Date expiration of the Master Lease (subject lease, at Tenant's expense. Nothing in this article shall be construed to Master Landlord give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and Sublandlord having a right equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises condition existing prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, installation and repair any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance end of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described term remaining in the Master Leasepremises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed from the premises by Owner at Tenant's expense. Subtenant hereby agrees Alterations and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements made by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements Tenant shall be owned by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleaseTenant for depreciation purposes.
Appears in 2 contracts
Samples: Agreement of Lease (Blue Fish Clothing Inc), Agreement of Lease (Blue Fish Clothing Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to Notwithstanding the Sublease Premises shall be subject to (i) the prior written consent provisions of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date Article 9 of the Master Lease, Sublandlord currently has no right any alteration, which requires Master Lessor's approval pursuant to grant Subtenant the right Master Lease, shall not be commenced by Sublessee unless and until such consent is obtained. Any such alteration shall be at Sublessee's sole cost and expense. At the time Sublessor and Master Lessor consent to construct or install any Alterationsalteration, additions or improvements, Sublessor and Master Lessor shall inform Sublessee in writing whether Sublessee is responsible for the removal of such alterations and improvements at the expiration or earlier termination of the term of this Sublease, provided that Sublessee, in its request for consent to the alteration, addition, or improvement, has expressly requested that Sublessor and Master Lessor specify the nature and extent of any such removal obligation. If such notification is not made, Sublessee shall have no responsibility to remove any such alteration or improvement at the expiration or earlier termination of this Sublease. Any alteration made by Sublessee shall become a part of the Sublease Premises, and at Sublessor's election (and to the extent required, the consent of the Master Lessor), shall be surrendered to Sublessor at the end of the Sublease term. Any alteration made by Sublessee shall, at Sublessor's election, become Sublessor's property throughout the Sublease term except for any specialized improvements installed by Sublessee (which improvements shall be part of Sublessee's Equipment and Alterations, as defined in Exhibit B-2), which improvements shall remain the property of Sublessee and which improvements shall be removed by Sublessee at the expiration or earlier termination hereof. In the event Sublessor is (or becomes) obligated under the Master Lease to remove any of Sublessee's alterations, Sublessee shall be obligated to remove same at Sublessee's sole cost and expense and to restore the Sublease Premises to its condition prior to the alteration but only to the extent required by Sublessor or Master Lessor in their written consent to any such alteration. In the event that Sublessee removes any items it is permitted to remove under Exhibit B-2, Sublessee, subject to the provisions of the second sentence of this Section 8, at its sole cost and expense, shall restore the Sublease Premises to its condition prior to alteration. Sublessee's obligation to remove any alteration made to any portion of the Sublease Premises prior to the Commencement Date as Tenant under the Master Lease shall be governed by the terms of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Sublease.
Appears in 2 contracts
Samples: Assignment and Assumption of Lease (Cytokinetics Inc), Sublease Agreement (Cytokinetics Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements (collectively, “Alterations”) in or to the Sublease Demised Premises, except pursuant to Exhibit “D”, without Landlord’s prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned. Tenant shall only utilize contractors reasonably approved by Landlord. Tenant shall, before making any Alterations, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord, and Tenant agrees to carry, and to cause Tenant’s contractors and sub-contractors to carry such workmen’s compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Upon completion of any Alterations, Tenant shall deliver to Landlord one set of “as-built” plans and specifications therefor. All fixtures and all paneling, partitions, and like Alterations (but not FF&E Work, including therein any racking or railing system installed by Tenant which Tenant shall remove upon the expiration or earlier termination of the Lease), installed in the Demised Premises, either by Tenant or by Landlord on Tenant’s behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Demised Premises upon the expiration or earlier termination of the Lease, unless Landlord, by notice to Tenant given no later than 20 days prior to the Expiration Date of this Lease (or within 20 days after the earlier termination hereof), elects to have them removed by Tenant, in which event, the same (except for, Tenant’s Work, Landlord’s Work, done pursuant to Exhibit D, but including other Alterations [unless at the time of Tenant’s request for approval of installation, Landlord advises Tenant in writing that such Alterations need not be removed upon expiration or earlier termination of this Lease, and, if after Tenant’s written notice to Landlord to request such determination, if Landlord does not so advise Tenant of the requirement of removal of all or any part thereof (and/or in any other part of such Alterations, Tenant shall not be required to remove such Alterations at the Master Lease Premises)expiration or earlier termination of this Lease], (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertakeand furniture, fixtures and equipment installed by or cause to be undertakenfor Tenant, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with SubtenantTenant’s use and occupancy of the Sublease Demised Premises) shall be removed from the Demised Premises by Tenant. Such reasonable steps Nothing in this section shall not require, however, that Sublandlord undertake, or cause be construed to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes give Landlord title to be undertaken, any alterations, additions or improvements in or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such equipment and fixtures from the Sublease PremisesDemised Premises or upon removal of other installations as may be required by Landlord, or any part thereofTenant shall immediately and at its expense, during repair and restore the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (Demised Premises to the extent not covered by insurancecondition existing prior to installation (subject to ordinary wear and tear) arising from, and repair any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused Demised Premises or the Property due to such removal. All property that was permitted or required to be removed by Tenant at the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance end of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described Term but which remains in the Master Lease. Subtenant hereby agrees Demised Premises for 10 business days after Tenant vacates the Demised Premises shall be deemed abandoned and acknowledges thatmay, due to safetyat the election of Landlord, security and other reasonable considerations arising in connection with either be retained as Landlord’s property or may be removed from the performance of any alterations, additions or improvements Demised Premises by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaseat Tenant’s expense.
Appears in 2 contracts
Samples: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)
Alterations. Subtenant acknowledges and agrees that SubtenantSubsequent to the completion of any Landlord’s right Work pursuant to construct Section 2, Tenant shall not attach any fixtures, equipment or install other items to the Premises, or paint or make any Alterationsother additions, additions changes, alterations, repairs or improvements in or (collectively hereinafter “alterations”) to the Sublease Premises shall be subject to (i) the Premises, Building or Property without Landlord’s prior written consent of Sublandlord (consent, which shall with respect to alterations to the Premises will not be unreasonably withheld, conditioned or delayed so long as Tenant is not then in default of this Lease (beyond any applicable cure period). If Landlord consents to any alteration, Landlord may post notices of nonresponsibility in accordance with law. Any alterations so made shall remain on and be surrendered with the Premises upon expiration or earlier termination of this Lease, except that Landlord may, but subject to the next grammatical sentence, within thirty (30) days before the expiration or earlier termination hereof elect in writing to require Tenant to remove any or all alterations at Tenant’s sole cost and Master expense. At the time Tenant submits plans for requested alterations to Landlord for Landlord’s approval, Tenant may request Landlord to identify which alterations Landlord will require Tenant to remove at the termination of or expiration of this Lease, and Landlord shall make such identification simultaneous with its approval (if any) of the alterations. If Landlord elects to require removal of alterations, then at its own and sole cost Tenant shall restore the Premises to substantially the same the condition (reasonable wear and tear and damage from fire or other insured casualty excepted) existing prior to the installation of such alteration or improvement, before the last day of the term. Notwithstanding anything contained in this Lease to the contrary, Landlord’s consent shall not be required for (i) any interior decorative changes such as partitioning, carpeting, installation of shelves, painting, wallpapering, or for (ii) any non-structural alterations which do not affect the terms Building’s structure or the Building Systems and conditions Equipment, provided, that any of the foregoing in either (i) or (ii) above do not require a building permit and do not cost more than $10,000.00 in any one particular instance (collectively, “Cosmetic Alterations”). Tenant shall provide Landlord with at least fifteen (15) days advance notice of any proposed Cosmetic Alterations. Except as expressly set forth to the contrary above, Tenant shall otherwise comply with the provisions of this Sublease. Because Sublandlord currently has no right Section 10 with respect to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Cosmetic Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will same manner as if they were alterations requiring Landlord’s consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasehereunder.
Appears in 2 contracts
Samples: Office Lease (Carbon Black, Inc.), Office Lease (Carbon Black, Inc.)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any AlterationsExcept in the event of an emergency, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Lessee shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct make or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused suffer to be constructed or installedmade, any alterations, additions or improvements in utility installations ("an Alteration") on or about said Premises which violate any ordinance, statute law, rule or regulation (including without limitation the Americans With Disabilities Act). Further, any Alteration on or to the Sublease Premises shall not be made without the prior written consent of Lessor. Lessor's prior written consent shall not be necessary for emergency repairs. Unless otherwise agreed in writing by Lessor and Lessee, any Alterations of said Premises, or any part thereof (and/or in any other except movable furniture and trade fixtures, shall become at once a part of the Master Lease Premises), (i) Subtenant realty and belong to Lessor. Lessor shall have the right to increase the security deposit under paragraph 2 hereof in an amount reasonably cooperate with Sublandlord calculated in good faith by Lessor to allow Sublandlord cover the cost to undertake, or cause to be undertaken, such alterations, additions or improvements in repair the Sublease Premises (and/or in any other part altered portion of the Master Lease Premises) Premises to its original condition, and (ii) in connection Lessee covenants to immediately remit to Lessor such increased security deposit. Lessee shall furnish Lessor with any plans and specifications or other detailed information covering such alterationswork, additions or improvements undertakenand, or caused upon Lessor's written request, furnish Lessor with a lien and completion bond to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy insure payment of the Sublease Premisescosts thereof. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any Any and all Claims costs of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements installation shall be borne and paid, on or before the due date, by or on behalf Lessee. Upon the termination of Subtenant interfere with or delay this Lease for any reason, Lessee shall be required at Lessor's option (to be exercised at any time) to remove said Alterations from the commencement or completion Premises and to restore said Premises to their original condition at the sole cost of any alterationsLessee. Upon the failure of Lessee to restore the Premises to their original condition, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant Lessor may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and utilize the security deposit referred or any portion thereof to restore the Premises or correct any loss or damage to the Premises at the sole cost of Lessee. Notwithstanding the foregoing sentence, if Lessee anticipates that it would prefer to leave in Section 5.4 place as a part of the Premises any Alteration, then concurrently with Lessee's request for approval of such Alteration, Lessee shall request of Lessor that Lessor consent to such Alteration remaining as a part of the Premises upon the termination of this Sublease and (iii) Master Landlord has consented to Lease. Lessor may give or withhold such consent, in whole or part, acting in a commercially reasonable manner. If Lessor does not so consent then Lessee shall comply with the preceding provisions of this Subleaseparagraph 7.
Appears in 2 contracts
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install Sublessee shall not make any Alterations, additions or improvements in or alterations to the Sublease Subleased Premises shall be subject to (i) without the prior written consent of Sublandlord Prime Landlord and Sublessor, which consent may be granted or withheld in their sole discretion. Sublessee may, without further notice to or approval of Sublessor or EXECUTION COPY Prime Landlord, install and maintain data and voice cabling required by Sublessee in order to utilize the Subleased Premises for its intended use in accordance with plans previously approved by Sublessor (which shall approval will not be unreasonably withheld, conditioned or delayed) and Master Landlordmay change the locks as discussed below. If Sublessee’s telecommunications provider installs telecommunications equipment and/or related connecting equipment (i.e., cables, conduits, inner ducts and (iiconnecting hardware) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising building in connection with the performance provision of any alterationstelecommunications services to Sublessee (collectively, additions or improvements by or on behalf of Sublandlordthe “Telecommunications Equipment”), Subtenant may not have access to then: (a) immediately following the entire Sublease Premises during the construction or installation of certain alterationssame, additions throughout the Term and following the expiration or improvements by earlier termination of this Sublease, all such Telecommunications Equipment shall be properly labeled (identifying both the service provider and Sublessee) at Sublessee’s sole cost and expense; and (b) at the expiration or on behalf earlier termination of Sublandlord; providedthis Sublease, howeverSublessee shall, that Sublandlord at Sublessee’s sole cost and Subtenant shall reasonably cooperate with each other expense, without liens, cause all such Telecommunication Equipment to afford Subtenant access to and use be removed from the Building. Any such property not so removed within thirty (30) days after the expiration or earlier termination of as much of the this Sublease Premises as is reasonably practicable during the period of any Sublandlord alterationsmay, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until at Sublessor’s sole option: (i) Subtenant has provided Sublandlord the certificates of insurance required be removed and stored by Section 4.4 hereof, Sublessor at Sublessee’s expense; or (ii) Subtenant has delivered become the property of Sublessor without compensation to Sublandlord Sublessee. Sublessee shall, at its sole cost and expense, repair all damage caused by the monthly installment of Base Rent due installation, operation and/or removal of the first month Telecommunications Equipment. If Sublessee fails to repair any such damage, Sublessor may, in its sole discretion, repair such damage and Sublessee shall, within thirty (30) after Sublessor’s written request for payment, reimburse Sublessor for all costs and expenses reasonably relating to such damage. Sublessee may make alterations to the Subleased Premises only in accordance with Paragraph 12 of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleasePrime Lease.
Appears in 2 contracts
Samples: Commercial Lease (Audentes Therapeutics, Inc.), Commercial Lease (Audentes Therapeutics, Inc.)
Alterations. Subtenant acknowledges Any and agrees that Subtenant’s right to construct or install any Alterationsall alterations, additions or improvements in or to and/or improvements, except trade fixtures, installed at the Sublease Premises expense of the Lessee shall become the property of the Lessor and shall remain upon and shall be subject to (i) surrendered with the leased Premises as a part thereof on the termination of this lease. Such alterations, additions, and improvements may only be made with the prior written consent and approval of Sublandlord (the Lessor, which shall not be unreasonably withheld) withhold said consent. If consent is granted by the Lessor for the making of improvements, alterations or additions to the leased Premises, such improvements, alterations or additions shall not commence until such time as the Lessee has furnished to the Lessor a copy of all plans and Master Landlorda certificate of insurance showing coverage in an amount satisfactory to the Lessor protecting the Lessor from liability for injury to any person and damage to any personal property, on or off the leased Premises, in connection with the making of such improvements, alterations or additions. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by the Lessee without prior written permission of the Lessor. If such permission is granted, such work or installation shall be done at the Lessee's expense and (ii) in such a manner that the terms roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Lessee shall promptly remove and conditions reinstall the cooling tower, equipment or structure at the Lessee's expense and repair at the Lessee's expense any damage which may result from such removal or reinstallation. Upon termination of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterationslease, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant Lessee shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, remove or cause to be undertaken, such alterations, additions or improvements in removed from the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with roof any such alterationscooling tower, additions equipment or improvements undertakenstructure if directed to do so by the Lessor. Lessee shall promptly repair, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertakenat its expense, any alterationsdamages resulting from such removal. At the termination of this lease, additions or improvements Lessee shall deliver the leased Premises in or to the Sublease Premisesgood order and condition, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or natural deterioration only excepted. Any damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct installation of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event trade fixtures shall be repaired at the performance Lessee's expense prior to the expiration of the Alterationslease term. All alterations, improvements, additions or improvements and repairs made by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described Lessee shall be made in the Master Lease. Subtenant hereby agrees good and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaseworkmanlike manner.
Appears in 2 contracts
Samples: Triple Net Lease Agreement, Triple Net Lease Agreement
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct A. Lessee shall not wake any alterations or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject without first delivering to (i) the Lessor a copy of all plans and specifications for such alterations or additions and obtaining Lessor’s prior written consent, which consent of Sublandlord (which shall not be unreasonably withheld) withheld or conditioned. Lessor agrees to provide notice of its decision to Lessee within 20 days after Lessor has received all plans and Master Landlordspecifications required to be delivered by Lessee to Lessor and upon which a decision is to be made. Lessor’s failure to deliver to Lessee notice withholding Lessor’s consent thereto or requesting additional information within the 20 day period shall be deemed Lessor’s granting of consent. Notwithstanding the foregoing, and (ii) subject to Lessee’s compliance with the terms and conditions other requirements of this Sublease. Because Sublandlord currently has no right paragraph 12, Lessor hereby consents to construct or install any Lessee making its initial tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date Premises provided Lessee delivers to Lessor, within 30 days of Lessee’s receipt of such documents, copies of all government approvals and permits, plans, specifications and the Certificate of Final Completion and Occupancy or its equivalent. In addition, after the completion of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, alterations and additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with Lessee’s initial occupation of the Premises, Lessee shall have the right, without Lessor’s consent, to make non-structural alterations and additions to the Premises, provided that the aggregate cost of such alterations and additions made without consent shall not exceed $500,000 over the term of this Lease and no one alteration or addition shall cost more than $50,000. Any permitted alterations or additions, other than Lessee’s equipment and trade fixtures, shall remain on and be surrendered with the Premises on expiration or termination of the term or any extension thereof, unless Lessor elects to require Lessee to remove all of its alterations or additions that Lessee has made to the Premises, in which event Lessee shall remove all such alterations or additions at its sale cost shall restore the Premises to the condition when received by Lessee on the Lease Commencement Date, ordinary wear and tear and damage by fire, earthquake, or act of God excepted. If Lessee fails to so restore and to remove such alterations and additions and its equipment and trade fixtures from the Premises and Lessor incurs costs to restore the Premises or to remove additions or alteration made by Lessee or Lessee’s equipment and trade fixtures and to remove any hazardous materials as defined in paragraph 8.C.(1) of this Lease and remediate any contamination as required by paragraph 8.C.(4) of this Lease, Lessee shall reimburse Lessor for all such costs incurred and shall also reimburse Lessor for the Base Monthly Rent prorated for each day after the expiration of the term that Lessor must occupy the Premises for the purpose of removing Lessee’s alterations, additions additions, equipment and trade fixtures or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasemaking repairs.
Appears in 2 contracts
Samples: Commercial Lease (Audentes Therapeutics, Inc.), Commercial Lease (Audentes Therapeutics, Inc.)
Alterations. In the event Subtenant acknowledges desires to make alterations, additions or improvements to the Sublease Premises, Subtenant shall concurrently provide to each of Sublandlord and agrees that Subtenant’s right to construct Master Landlord, in accordance with the notice provisions herein, a description of the proposed alterations, additions or install any Alterationsimprovements, together with and a copy of the proposed plans and specifications for review and approval. Subtenant shall make no alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) without the prior written consent of both Sublandlord (which except that Sublandlord’s consent shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements required for alterations referenced in the Master Lease Premises prior to “provided, however” clause in the Commencement Date first sentence of Section 6.05) and, if required by the Master Lease, Master Landlord. Sublandlord currently shall not unreasonably withhold, condition or delay its consent to any proposed alteration, addition or improvement. Notwithstanding the foregoing, it shall not be unreasonable for Sublandlord to withhold consent to any alteration, addition or improvement for which Master Landlord does not provide consent. Sublandlord shall give its consent or reasons for failure to consent to any proposed alteration, addition or improvement within ten (10) business days after Sublandlord has no right to grant received from Subtenant a description of the right to construct proposed alterations, additions or install any Alterationsimprovements, together with and a copy of the proposed plans and specifications. Any such approved alterations, additions or improvements shall be installed in or to accordance with the Sublease Premises prior to the Commencement Date terms of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow In the event Subtenant to construct makes any such alterations, additions or install Alterations in improvements, Subtenant shall restore the Sublease Premises prior at the expiration or earlier termination of the Sublease Term to its condition existing as of the Commencement Date of the Master Lease (subject to Date, reasonable wear and tear excepted, unless Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that otherwise agrees in writing. If Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements agrees in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, writing that any alterations, additions or improvements installed by Subtenant may remain in or to the Sublease PremisesPremises upon the expiration or earlier termination of this Sublease, or any part thereof (and/or in any other part of Sublandlord shall not have the Master Lease Premises), (i) right to require that Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such remove those alterations, additions or improvements in upon the Sublease Premises (and/or in any other part expiration or earlier termination of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Sublease.
Appears in 2 contracts
Samples: Agreement and Certificate (Openwave Systems Inc), Agreement and Certificate (Openwave Systems Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (ia) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in (collectively, "Alterations") in, on or to the Sublease Premises, Premises or any part thereof (and/or in any other part without the prior written consent of Landlord. Any Alterations, except for Tenant's movable furniture and equipment, shall immediately become Landlord's property and, at the end of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or remain on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (the Premises without compensation to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of SublandlordTenant; provided, however, that Sublandlord any such movable furniture and Subtenant equipment, otherwise belonging to Tenant, but which shall reasonably cooperate with each remain on the Premises at the expiration or other to afford Subtenant access to and use of as much termination of the Sublease Premises as is reasonably practicable during Term shall also become the period property of Landlord unless promptly removed by Tenant. In the event Landlord shall consent to the making of any Sublandlord alterationsAlterations by Tenant, additions the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with plans and specifications previously approved by Landlord, and any contractor or improvementsperson selected by Tenant to make Alterations must first be approved in writing by Landlord. Anything herein Before any Alterations shall be commenced, Tenant shall furnish Landlord with workmen's compensation and public liability insurance and shall comply with all applicable laws, including but not limited to the contrary notwithstandingMechanic's Lien Law of the State of Florida, Subtenant ordinances, regulations, building codes, and shall not obtain all required permits, inspections, and certificates as shall be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord all governmental agencies having jurisdiction thereof. Upon the monthly installment of Base Rent due expiration or sooner termination of the first month Term, Tenant shall upon demand by Landlord, at Tenant's sole cost and expense, remove any Alterations made by or for the account of Tenant, which Landlord shall designate for removal, and Tenant shall, at its sole cost and expense, repair and restore the Sublease Term and Premises to its original condition. Notwithstanding the security deposit referred aforementioned, Tenant will only be required to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaseremove those Alterations not previously approved by Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Cardionet Inc), Lease Agreement (Cardionet Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right After initial completion of any work to construct be done by Txxxxx as provided in Article VI, Tenant shall not alter or install any Alterations, additions or improvements in or add to the Sublease Premises shall be subject Premises, except in accordance with written consent from Landlord, which Landlord agrees not unreasonably to withhold as to alterations or additions which (i) are not visible from the prior written consent exterior of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, the Premises and (ii) do not affect the terms structure or any mechanical, electrical or plumbing system of the Building. Txxxxx's work as described in Article VI and conditions all other alterations made by Tenant shall be made in accordance with all applicable laws, in a good and first-class workmanlike manner and in accordance with the requirements of Landlord's insurers and Txxxxx's insurers. Without limitation, said Txxxxx's work as described in Article VI and all other alterations made by Tenant shall be performed in accordance with the provisions of this SubleaseArticle IV and of Article VI. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions Any contractor or other improvements in person undertaking any alterations of the Master Lease 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 Commencement Date performance by such contractor or person of any work in respect of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master LeasePremises. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations All work performed by Txxxxx in the Sublease Premises prior shall remain therein (unless Landlord directs Tenant to remove the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having same on termination) and, at termination, shall be surrendered as a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable stepsexcept for Tenant's usual trade furniture and equipment, if movable, installed prior to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease TermLease Term at Tenant's cost, Subtenant 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 not remove, modify, alter or damage have a security interest in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlordtrade furniture and equipment. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from Tenant agrees to repair any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused Premises resulting from such removal (including removal of Txxxxx's improvements directed by Lxxxxxxx) or, if Landlord so elects, to pay Landlord for the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion cost of any alterationssuch repairs forthwith after billing therefor. Notwithstanding the foregoing, additions or improvements by or on behalf of Sublandlord, includingTenant may, without limitationLandlord’s prior consent or approval, make cosmetic alterations (i.e., any interior alterations that are non-structural and do not affect the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may Building systems) that do not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaseexceed $10,000 per project.
Appears in 2 contracts
Samples: Agreement (Paratek Pharmaceuticals, Inc.), Paratek Pharmaceuticals, Inc.
Alterations. Subtenant acknowledges and agrees that Subtenant’s right Except for any initial improvement of the Demised Premises pursuant to construct or install any AlterationsEXHIBIT "D", additions or improvements in or to the Sublease Premises which shall be subject to (i) governed by the prior written consent provisions of Sublandlord (which said EXHIBIT "D", Tenant shall not be unreasonably withheld) and Master Landlordmake, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct suffer or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused permit to be constructed or installed, made any alterations, additions or improvements in to or to of the Sublease Premises, Demised Premises or any part thereof (and/or in thereof, or attach any other part fixtures or equipment thereto, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Master Lease PremisesBuilding, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (i) Subtenant and Landlord's consent shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to not be undertaken, required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements in to the Sublease Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (and/or in any other part including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of the Master Lease Premises) and (ii) in connection with any a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy earlier termination of the Sublease Premises. Such reasonable steps Lease Term and shall not require, however, that Sublandlord undertake, or cause remain on the Demised Premises without compensation to be undertaken, Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions or and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements during evenings or on weekendscontained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted. If Sublandlord undertakes, or causes Tenant shall under no circumstances be required to be undertaken, remove any alterations, additions or and improvements in or to which are part of the Sublease Premisesinitial improvement of the Demised Premises which do not require Landlord's consent, or any part thereof, during which are made with Landlord's consent (unless the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed removal requirement is specified by or on behalf Landlord at the time of Sublandlordinitial approval). Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representativesSee Special Stipulation No. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Sublease39.
Appears in 2 contracts
Samples: Lease Agreement (Healtheon Corp), Lease Agreement (Healtheon Corp)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct LESSEE shall not make structural alterations or install additions of any Alterations, additions or improvements in or kind to the Sublease Premises shall be subject to (i) the prior written Leased Premises, but may make nonstructural alterations provided LESSOR consent of Sublandlord (thereto in advance in writing, which consent shall not be unreasonably withheld) withheld provided said alterations are consistent in appearance and Master Landlordquality with the rest of the Building and Property. However, LESSOR shall not be obligated to approve any such alterations which would subject LESSOR to additional expense to readapt or prepare the Leased Premises for re-leasing upon the termination of this Lease or which would increase the Real Estate Tax Expenses of the Property. All such allowed alterations shall be at LESSEE's sole risk and expense, shall conform with LESSOR's construction specifications, shall be performed in good and workmanlike manner, and shall comply with all applicable codes and regulations. If LESSOR performs any services for LESSEE in connection with such alterations or otherwise, any just invoice will be considered additional rent and will be promptly paid. LESSEE shall not permit any mechanics' liens, or similar liens, to remain upon the Leased Premises in connection with work of any character performed or claimed to have been performed at the direction of LESSEE and shall cause any such lien to be released or removed without cost to LESSOR within ten (ii10) the terms and conditions days of this Subleasewritten request by LESSOR. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions Any alterations or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other shall become part of the Master Lease Premisesreal estate and the property of LESSOR. LESSEE shall remove any alteration or addition made by it and restore the Leased Premises and other affected area(s), (i) Subtenant if any, to the same condition as they were in on the Lease Commencement Date upon the expiration or termination of this Lease if LESSOR so directs. Any alterations completed by LESSOR shall reasonably cooperate with Sublandlord be “building standard” unless noted otherwise. LESSOR shall have the right at any time to allow Sublandlord to undertakechange the arrangement and layout of parking areas, or cause to be undertakenstairs, such alterationswalkways, additions or improvements in the Sublease Premises (and/or in any common areas and other part areas of the Master Lease Property not contained within the Leased Premises) , to install, repair, replace, remove, use, maintain and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or relocate for service to the Sublease PremisesLeased Premises and to other parts of the Property, pipes, ducts, conduits, wires and fixtures wherever located inside or any part thereof, Sublandlord agrees that it will take reasonable stepsoutside of the Building and the Property, to minimize interference with Subtenant’s use and occupancy change the boundaries of the Sublease Premiseslot upon which the Building is located, to construct additions to existing buildings on the Property, and to construct additional buildings and improvements on the Property. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Sublease.Exhibit 10.7
Appears in 2 contracts
Samples: Tecogen Inc., Tecogen Inc.
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premisespremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, or any part thereof (and/or in any other part not to be unreasonably withheld. 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 otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition as of the Master Commencement Date (ordinary wear and tear excepted) by the date of termination of this Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part upon earlier vacating of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlordpremises; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other if Landlord so elects prior to afford Subtenant access to and use termination of as much this Lease or upon earlier vacating of the Sublease Premises as is reasonably practicable during the period of any Sublandlord premises, such alterations, additions additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or improvements. Anything herein upon earlier vacating of the premises and shall be delivered up to the contrary notwithstandingLandlord with the premises. Equipment and furniture that do not constitute fixtures which are installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, Subtenant provided no default by Tenant hereunder shall not then exist, and shall be permitted to access and/or occupy removed by the Sublease Premises unless and until (i) Subtenant has provided Sublandlord date of termination of this Lease or upon earlier vacating of the certificates of insurance premises if required by Section 4.4 hereof, (ii) Subtenant has delivered Landlord. Upon any such removal Tenant shall restore the premises to Sublandlord the monthly installment of Base Rent due their original condition as of the first month Commencement Date (ordinary wear and tear excepted). All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the Sublease Term buildings and other improvements to be situated on the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasepremises.
Appears in 2 contracts
Samples: Lease Agreement (Carlyle Golf Inc), Lease Agreement (Carlyle Golf Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease PremisesPremises (including, but not limited to, roof and wall penetrations or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements affecting building, mechanical or electrical systems or equipment) without the prior written consent of Landlord, which consent may be withheld in its sole discretion or may be conditioned on, among other things, proof of insurance coverage, payment and performance bonds, in forms, amounts and by companies acceptable to Landlord, and Xxxxxxxx's review of Tenant's plans and specifications, Xxxxxx's contractor and Xxxxxx's building permit. Tenant may, without the Sublease Premises (and/or consent of Landlord, but at its own cost and expense and in any other part a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Master Lease Premises) building or improvements and (ii) without overloading or damaging such building or improvements, and in connection each case complying with any such all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions 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 otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy upon earlier vacating of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other if Landlord so elects prior to afford Subtenant access to and use termination of as much this Lease or upon earlier vacating of the Sublease Premises as is reasonably practicable during the period of any Sublandlord Premises, such alterations, additions additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or improvements. Anything herein upon earlier vacating of the Premises and shall be delivered up to the contrary notwithstandingLandlord with the Premises. All shelves, Subtenant bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the buildings and other improvements situated on the Premises. Landlord shall have the right at any time and from time to time to make changes or alterations to any portion of the Project other than the Premises and Landlord shall not be permitted subject to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered any liability with respect to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasesuch alterations.
Appears in 2 contracts
Samples: Lease Agreement (Homegrocer Com Inc), Lease Agreement (Advanced Materials Group Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct 7. Tenant shall make no decoration, alteration, addition or install any Alterationsimprovement in the premises, additions or improvements in or to the Sublease Premises shall be subject to (i) without the prior written consent of Sublandlord (Landlord, and then only by contractors or mechanics and in such manner and with such materials as shall be approved by Landlord, which shall not be unreasonably withheld) and Master withheld or delayed. Notwithstanding the foregoing, however, Landlord's prior negative experience with, concerns regarding the financial stability of, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right any criminal proceedings pending against, any such contractor or mechanic shall be deemed to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior be a reasonable basis upon which for Landlord to the Commencement Date of the Master Lease, Sublandlord currently has no right refuse to grant Subtenant the right to construct or install any Alterationsits approval. All alterations, additions or improvements in or to the Sublease Premises premises, including window and central air conditioning equipment and duct work, except movable office furniture and 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 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 Commencement Date expiration of the Master Leaseterm of this lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior Notwithstanding anything to the Commencement Date of the Master Lease (subject contrary set forth above, Landlord agrees that it shall not require Tenant to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, remove any alterations, additions or improvements made in or and/or to the Sublease Premises, or any part thereof (and/or in any Premises other part of the Master Lease Premises), than (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertakethose which are not customarily found in premises used for the purposes permitted under this Lease and those which are not of a building standard nature, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterationsthose which would require extraordinary effort for Landlord to remove, additions or improvements undertaken(iii) those raised computer floors, or caused to be undertakeninternal staircases, by Sublandlord in or to the Sublease Premisesdumbwaiters, or any part thereofpneumatic tubes, Sublandlord agrees that it will take reasonable stepsvertical and horizontal transportation systems, to minimize interference with Subtenant’s use vaults, safes, and occupancy of the Sublease Premises. Such reasonable steps shall not requiremedical installations, howeverif any, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, and any alterations, additions or improvements made specifically in or to the Sublease Premises, or connection with any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or food service and/or food preparation facilities installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage Tenant (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, includinge.g., without limitation, the Tenant Improvements described vents, hoods, grease traps, sinks, etc.) in the Master Premises (herein collectively called "Special Alterations"), and (iv) those which are installed or performed without the prior written consent of Landlord where same is required by the terms of this Lease. Subtenant hereby agrees In any of the foregoing events Tenant shall remove the foregoing from the Premises at Tenant's expense prior to the expiration or sooner termination of this Lease. Upon such removal Tenant shall immediately and acknowledges thatat its expense, repair and restore the Premises to the condition existing prior to such alteration, addition or improvement and repair any and all damage to the Premises or the Building due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasesuch removal.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install Lessee shall not make any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) alterations without the prior written consent of Sublandlord (which shall Lessor, said consent not to be unreasonably withheld) withheld or delayed. All alterations, additions, fixtures, improvements, *****Confidential portions of the material have been omitted and Master Landlordfiled separately with the Securities and Exchange Commission. Exhibit 10.15 and partitions erected by Lessee shall be and remain the property of lessee during the term of this Lease and shall become the property of Lessor as of the date of termination of this Lease, or upon earlier vacating of the Premises, and (ii) title shall pass to Lessor under this Lease as by a xxxx of sale. Provided Lessee is not in default or otherwise indebted to Lessor, all movable office furniture, shelves, bins, equipment and trade fixtures installed by Lessee may be removed by the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises Lessee prior to the Commencement Date termination of this Lease, if the Lessee so elects, and shall be removed by the date of termination of the Master LeaseLease or upon earlier vacating of the Premises if required by Lessor. For purposes of this Paragraph, Sublandlord currently has no right to grant Subtenant the right to construct term “equipment and trade fixtures” shall not include HVAC, electrical, or install plumbing components (including, but not limited to, air conditioning systems or electrical transformers, panels and transfer switches) or any Alterationsother similar items, additions or improvements which would generally be installed in or affixed permanently to the Sublease Premises prior or Building. Upon any such removal Lessee shall restore the Premises to its original condition, ordinary wear and tear excepted. All such removals and restorations shall be accomplished in a good xxxxxxx like manner so as not to damage the Commencement Date primary structure, roof or structural qualities of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in building and other improvements within which the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representativesare situated. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due Lessor be required to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord compensate Lessee for alterations, additions, improvements or partitions erected by Lessee on or within the certificates of insurance required by Section 4.4 hereofPremises, or (ii) Subtenant has delivered compensate Lessee for shelves, bins, equipment and trade fixtures installed by Lessee on or within the Premises and which are not removed by Lessee at Lease termination or early vacation or the Premises by Lessee. Prior to Sublandlord commencing any work or installing any equipment in excess of ***** in, on or about the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Sublease.Premises, Building or Property, Lessee shall:
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right Tenant shall not make or suffer to construct or install be made any Alterationsalterations, additions additions, or improvements in in, on, or to the Sublease Premises or any part thereof without the prior consent of Landlord; provided, however, that Tenant shall be subject permitted to make interior, non-structural alterations o the Premises without Landlord’s consent provided such alterations do not affect the Building’s MEP systems, life safety systems, HVAC system or structural integrity and do not cost more than $20,000 in any twelve (i12) month period.. Any such alterations, additions, or improvements in, on, or to said Premises, except for Tenant’s movable furniture and equipment, shall immediately become Landlord’s property and, at the prior written consent end of Sublandlord (which the term hereof, shall not remain on the Premises without compensation to Tenant. In the event Landlord consents to the making of any such alteration, addition, or improvement by Tenant, the same shall be unreasonably withheld) made by Tenant, at Tenant’s sole cost and Master Landlordexpense, in accordance with all applicable laws, ordinances, and (ii) regulations and all requirements of Landlord’s and Tenant’s insurance policies, and in accordance with plans and specifications approved by Landlord and any contractor or person selected by Tenant to make the terms same and conditions all subcontractors must first be approved in writing at the time of this Subleaseinstallation by Landlord. Because Sublandlord currently has no right to construct Upon the expiration or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date sooner termination of the Master Leaseterm herein provided, Sublandlord currently has no right to grant Subtenant the right to construct Tenant shall, at Tenant’s sole cost and expense, forthwith and with all due diligence, remove any or install any Alterationsall alterations, additions additions, or improvements made by or for the account of Tenant which were designated by Landlord at the time of installation in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any writing as alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part that must be removed by Tenant as of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, expiration or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part earlier termination of the Master Lease Premises) and (ii) in connection with Lease. Otherwise, Tenant shall have no obligation to remove any such alterations, additions or improvements undertakenimprovements. In addition, or caused to be undertaken, by Sublandlord in or notwithstanding anything herein to the Sublease contrary, in the event the Tenant is permitted to remove an improvement within the Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of in the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or event the permitted alteration to the Sublease PremisesPremises includes demolition, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation Tenant shall not be applicable required to replace any personal injuries such improvement or property damage to construct any improvements upon the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance termination of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay Lease unless the commencement or completion of any Landlord required the same at the time the Landlord granted its consent to such alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Sublease.
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Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct (a) Tenant shall not make, or install cause, or permit the making of any Alterationsrepairs, additions alterations, additions, or improvements in or to the Sublease Premises shall be subject to that exceed $25,000 in cost, affect any of the Building systems (iother than portions of such Building systems solely serving the Premises) or are visible from the outside of the Building without obtaining Landlord's prior written consent thereto in each instance, which consent, except as set forth below, may be granted or withheld in Landlord's sole discretion. In the event any such work shall cost in excess of Sublandlord Twenty-Five Thousand (which $25,000.00) Dollars, such work shall not be unreasonably withheld) commenced until Tenant shall submit to the Landlord plans and Master Landlordspecifications relating to any such repairs, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterationsalterations, additions or other improvements improvements, and all such work shall be performed in accordance with the Master Lease Premises prior provisions of this lease. Landlord shall not unreasonably withhold, condition or delay its consent to any non-structural alteration, addition or improvement to the Commencement Date interior of the Master LeasePremises that does not affect any of the Building systems (other than portions of such Building systems solely serving the Premises, Sublandlord currently has no right such as interior ductwork). Any approval by Landlord as aforesaid may be upon condition that Tenant furnish the Landlord such evidence of Tenant's financial ability to grant Subtenant the right to construct or install any Alterationsassure completion thereof and payment therefor, as Landlord may reasonably require. All such repairs, alterations, additions or improvements in to Landlord's property , when installed or attached to the Sublease Premises prior Premises, shall belong to and become the Commencement Date property of the Master LeaseLandlord. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve All such Alterations); howeverrepairs, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterationsalterations, additions or improvements in the Sublease Premises prior to Tenant's property (including, but not limited to the Commencement Date of Above Standard Improvements), when installed or attached to the Master Lease (or thereafter)Premises, shall belong to Tenant. If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, Notwithstanding whether any alterations, additions or improvements in are Landlord's property or Tenant's property during the Term, except to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertakenextent otherwise provided herein, such alterations, additions or and improvements in shall be surrendered with the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any as part thereof, Sublandlord agrees upon the expiration or sooner termination of this lease, without compensation to Tenant at which point, if same are Tenant's property, they shall automatically become Landlord's property. Notwithstanding the above, Landlord shall have the right to indicate in a written notice to Tenant delivered together with its consent (assuming that it Landlord otherwise consents thereto), or, if Landlord's consent is not required, in response to any inquiry from Tenant, that, if Tenant proceeds to make the consented to alteration, addition, or improvements, Landlord will take reasonable stepsrequire the removal of such alteration, addition or improvement upon the expiration or termination of this Lease. If Landlord shall deliver such notice and Tenant shall proceed to minimize interference with Subtenant’s use make such alteration, addition or improvement, Tenant shall, at Tenant's sole cost and occupancy expense, remove same at the end of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekendsTerm. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation Landlord's consent shall not be applicable to any personal injuries required or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted obtained for any alteration, addition or improvement and Tenant does not request a determination by Landlord of whether any alteration, addition or improvement will have to access and/or occupy be removed at the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due end of the first month Term, Landlord shall have the right to request the removal of such alteration, addition, or improvement no less than 90 days before the end of the Sublease Term Term, in which event Tenant shall remove same, at Tenant's sole cost and expense, by the security deposit referred to in Section 5.4 end of this Sublease and (iii) Master Landlord has consented to this Subleasethe Term.
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Alterations. Subtenant acknowledges and (A) Tenant agrees that Subtenant’s right to construct or install neither Tenant nor anyone claiming under Tenant shall make any Alterationsinstallations, alterations, additions or improvements in to or to upon the Sublease Premises shall be subject to (i) Demised Premises, except only the installation of fixture necessary for the conduct of its business, without the prior written consent of Sublandlord Landlord and except for non-structural alterations to the interior of the Building costing, in the aggregate, One Thousand Dollars ($1,000.00) or less. Notwithstanding any alteration to which Landlord may hereafter, in its sole discretion, consent, Tenant shall restore the Demised Premises to the same condition as the Demised Premises were in upon commencement of the term unless otherwise requested in writing by Landlord. Tenant shall not be unreasonably withheld) bring any additional electrical service into the Demised Premises unless it is brought in underground over a route first approved by Landlord and Master Landlordunless Tenant restores the surface of the ground and other disturbed areas to the reasonably same condition that existed prior to the installation thereof. All installations, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterationsalterations, additions and improvements made to or upon the Demised Premises, whether made by Landlord or Tenant or any other improvements person (except only sign and movable trade fixtures installed in the Master Lease Demised Premises prior to or during the Commencement Date term of this Lease at the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date sole cost of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, Tenant or any part thereof (and/or in any other person claiming under Tenant shall be deemed part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, Demised Premises and upon the expiration or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part termination of the Master term of this Lease Premises) shall be at the Landlord’s sole discretion either fully restored in accordance with the above provisions of this paragraph or surrendered with the Demised Premises as a part thereof without disturbance, molestation or injury. Movable trade fixtures shall include trade fixtures and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or other installations not affixed to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use realty and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security trade fixtures and other reasonable considerations arising in connection installations affixed only by nails, bolts or screws with the performance prior permission of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleaseLandlord.
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Alterations. Subtenant acknowledges and agrees that SubtenantBorrower shall obtain Lender’s right prior consent to construct or install any Alterationsalterations to any Improvements, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written which consent of Sublandlord (which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing provided no Event of Default has occurred and is continuing, Lender’s consent shall not be required in connection with (a) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior alterations to the Commencement Date of the Master LeaseImprovements (excluding Decorative Changes) that will not have a Material Adverse Effect, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord provided that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), alterations (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) are made in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or tenant improvement work performed pursuant to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion terms of any alterations, additions Lease executed on or improvements by or on behalf of Sublandlord, including, without limitation, before the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 date hereof, (ii) Subtenant has delivered to Sublandlord do not adversely affect any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the monthly installment exterior of Base Rent due any building constituting a part of the first month of the Sublease Term any Improvements and the security deposit referred to in Section 5.4 of this Sublease and aggregate cost thereof does not exceed One Million Dollars ($1,000,000), or (iii) Master Landlord has consented consist of repair or replacement of (x) parking areas or resurfacing or restriping of parking areas, (y) lighting, or (z) grounds keeping, or (iv) are performed in connection with the Restoration of an Individual Property after the occurrence of a Casualty in accordance with the terms and provisions of this Agreement; or (b) any Decorative Changes; (c) any Required Repairs made in accordance with Section 7.1 of the Mortgage Loan Agreement; or (d) any Replacements made in accordance with Section 7.3 hereof. If the total unpaid amounts due and payable with respect to alterations to the Improvements at any Individual Property (other than such amounts to be paid or reimbursed by tenants under the Leases) shall at any time exceed the lesser of four percent (4%) of the Release Amount for the applicable Individual Property or Three Million Dollars ($3,000,000) (the “Threshold Amount”) and such cost will not be paid from amounts on deposit in the Replacement Reserve Fund or the Required Repair Fund, then prior to the commencement of such alterations, Borrower shall promptly deliver to Lender as security for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents any of the following: (A) cash, (B) U.S. Obligations, (C) other collateral, credit enhancement or rated securities acceptable to Lender and that the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the initial, or, if higher, then current ratings assigned to any Securities or any class thereof in connection with any Securitization, or (D) a completion and performance bond or an irrevocable letter of credit (payable on sight draft only) issued by a financial institution having a rating by S&P of not less than “A-1+” if the term of such bond or letter of credit is no longer than three (3) months or, if such term is in excess of three (3) months, issued by a financial institution having a rating that is acceptable to Lender and that the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the initial, or, if higher, then current ratings assigned to any Securities or any class thereof in connection with any Securitization. Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements on the applicable Individual Property (other than such amounts to be paid or reimbursed by tenants under the Leases) over the Threshold Amount and, if any Event of Default shall occur and be continuing, Lender may apply such security from time to time at the option of Lender to pay for such alterations. Provided no Event of Default is then continuing, any security delivered to Lender pursuant to this SubleaseSection 5.1.21 (less the cost of completing any applicable “punch list” items as reasonably estimated by Lender) shall be returned to Borrower upon the payment in full and lien-free, substantial completion of the alterations for which such security was delivered.
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Alterations. Subtenant acknowledges and agrees that Subtenant’s right Tenant shall not make, or suffer to construct be made, any alterations, improvements or install any Alterationsadditions in, additions or improvements in on, about or to the Sublease Premises shall be subject to (i) or any part thereof, without the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD, and (ii) without a valid building permit issued by the terms and conditions of this Subleaseappropriate governmental authority. Because Sublandlord currently has no right As a condition to construct or install any tenant improvements or Alterationsgiving such consent, additions or other improvements in the Master Lease Premises prior Landlord may require that Tenant agree to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with remove any such alterations, improvements or additions or improvements undertaken, or caused at the termination of this Lease and to be undertaken, by Sublandlord in or restore the Premises to the Sublease Premises, or their prior condition. Unless Landlord requires that Tenant remove any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions improvement or improvements during evenings addition, and alteration, addition or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or improvement to the Sublease Premises, or any except moveable furniture and trade fixtures not affixed to the Premises, shall become the property of Landlord upon termination of the Lease and shall remain upon and be surrendered with the Premises at the termination of this Lease. Without limiting the generality of the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels), air conditioning, partitioning, drapery, and carpet installations made by Tenant regardless of how affixed to the Premises, together with all other additions, alterations and improvements that have become an integral part thereofof the Building, shall be and become the property of the Landlord upon termination of the Lease, and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of this Lease. IT IS HEREBY ACKNOWLEDGED BY LANDLORD THAT TENANT DESIRES TO CONSTRUCT CERTAIN IMPROVEMENTS AS OUTLINED IN THE FINAL TENANT IMPROVEMENT PLANS PURSUANT TO EXHIBIT "D" ATTACHED HERETO AND MADE A PART HEREOF. LANDLORD SHALL DETERMINE UPON FINAL APPROVAL OF THE FINAL TENANT IMPROVEMENT PLAN THOSE IMPROVEMENTS EXISTING PRIOR TO CONSTRUCTION OF THE FINAL TENANT IMPROVEMENT PLANS WHICH LANDLORD SHALL REQUIRE TENANT TO RETURN TO ITS ORIGINAL CONDITION UPON EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. LANDLORD SHALL MORE CLOSELY DEFINE THOSE IMPROVEMENTS TO BE RETURNED TO ORIGINAL CONDITION BY TENANT IN A PLAN ATTACHED HERETO AS EXHIBIT "E". If, during the Sublease Termterm hereof, Subtenant any alteration, addition or change of any sort to all or any portion of the Premises is required by law, regulation, ordinance or order of any public agency, Tenant shall not removepromptly make the same at its sole cost and expense. If during the term hereof, modifyany alteration, alter addition, or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (change to the extent not covered Common Area is required by insurance) arising fromlaw, any construction work performed in the Sublease Premises during the Sublease Term by regulation, ordinance or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion order of any alterationspublic agency, additions or improvements by or on behalf of SublandlordAND IS REQUIRED DUE TO TENANT'S SPECIFIC USE OR OCCUPANCY OF THE PREMISES, including, without limitation, Landlord shall make the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term same and the security deposit referred cost of such alteration, or change shall be a Common Area Charge and Tenant shall pay its share of said cost to Landlord as provided in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleaseParagraph 12 above.
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Alterations. Subtenant acknowledges and agrees that SubtenantSubsequent to the completion of any Landlord’s right Work pursuant to construct Section 2, Tenant shall not attach any fixtures, equipment or install other items to the Premises, or paint or make any Alterationsother additions, additions changes, alterations, repairs or improvements in or (collectively hereinafter “alterations”) to the Sublease Premises shall be subject to (i) the Premises, Building or Property without Landlord’s prior written consent of Sublandlord (consent, which shall with respect to alterations to the Premises will not be unreasonably withheldwithheld so long as Tenant is not then, nor has been, in default of this Lease (beyond any applicable cure period). If Landlord consents to any alteration, Landlord may post notices of nonresponsibility in accordance with Law. Any alterations so made shall remain on and be surrendered with the Premises upon expiration or earlier termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration or earlier termination hereof elect to require Tenant to remove any or all alterations at Tenant’s sole costs and Master expense. At the time Tenant submits plans for requested alterations to Landlord for Landlord’s approval, Tenant may request Landlord to identify which alterations Landlord may require Tenant to remove at the termination of or expiration of this Lease, and Landlord shall make such identification simultaneous with its approval (iiif any) of the terms alterations. If Landlord elects to require removal of alterations, then at its own and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in sole cost Tenant shall restore the Master Lease Premises prior to the Commencement Date condition designated by Landlord in its election, before the last day of the Master Leaseterm or within thirty (30) days after notice of its election is given, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as whichever is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaselater.
Appears in 1 contract
Samples: Office Lease (Visualant Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct LESSEE shall not make structural alterations or install additions of any Alterations, additions or improvements in or kind to the Sublease Premises shall be subject to (i) the prior written Leased Premises, but may make nonstructural alterations provided LESSOR consent of Sublandlord (thereto in advance in writing, which consent shall not be unreasonably withheld) withheld provided said alterations are consistent in appearance and Master Landlordquality with the rest of the Building and Property. However, LESSOR shall not be obligated to approve any such alterations which would subject LESSOR to additional expense to readapt or prepare the Leased Premises for re-leasing upon the termination of this Lease or which would increase the Real Estate Tax Expenses of the Property. All such allowed alterations shall be at LESSEE's sole risk and expense, shall conform with LESSOR's construction specifications, shall be performed in good and workmanlike manner, and shall comply with all applicable codes and regulations. If LESSOR performs any services for LESSEE in connection with such alterations or otherwise, any just invoice will be considered additional rent and will be promptly paid. LESSEE shall not permit any mechanics' liens, or similar liens, to remain upon the Leased Premises in connection with work of any character performed or claimed to have been performed at the direction of LESSEE and shall cause any such lien to be released or removed without cost to LESSOR within ten (ii10) the terms and conditions days of this Subleasewritten request by LESSOR. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions Any alterations or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other shall become part of the Master Lease Premisesreal estate and the property of LESSOR. LESSEE shall remove any alteration or addition made by it and restore the Leased Premises and other affected area(s), (i) Subtenant if any, to the same condition as they were in on the Lease Commencement Date upon the expiration or termination of this Lease if LESSOR so directs. Any alterations completed by LESSOR shall reasonably cooperate with Sublandlord be “building standard” unless noted otherwise. LESSOR shall have the right at any time to allow Sublandlord to undertakechange the arrangement and layout of parking areas, or cause to be undertakenstairs, such alterationswalkways, additions or improvements in the Sublease Premises (and/or in any common areas and other part areas of the Master Lease Property not contained within the Leased Premises) , to install, repair, replace, remove, use, maintain and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or relocate for service to the Sublease PremisesLeased Premises and to other parts of the Property, pipes, ducts, conduits, wires and fixtures wherever located inside or any part thereof, Sublandlord agrees that it will take reasonable stepsoutside of the Building and the Property, to minimize interference with Subtenant’s use and occupancy change the boundaries of the Sublease Premises. Such reasonable steps shall not requirelot upon which the Building is located, howeverto construct additions to existing buildings on the Property, that Sublandlord undertake, or cause and to be undertaken, such alterations, additions or construct additional buildings and improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleaseProperty.
Appears in 1 contract
Samples: Tecogen Inc
Alterations. Subtenant acknowledges (a) Tenant may, at its expense, make additions to and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or alterations of the Improvements to the Sublease Premises shall be subject to Premises, and make substitutions and replacements therefore, provided that: (i) Landlord approves any addition to or structural alteration to the prior written Premises, after having received from Tenant complete plans and specification for the proposed work, which such consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, and (ii) the terms market value of the Premises shall not thereby be lessened; (iii) such addition or alteration is architecturally consistent with existing Improvements; (iv) such actions shall be performed in a good and conditions workmanlike manner; (v) such work shall not violate any term of this Sublease. Because Sublandlord currently has any restriction to which the Premises are subject or the requirements of any insurance policy required to be maintained by Tenant hereunder, and shall be expeditiously completed in compliance with all Applicable Laws; and (vi) no right to construct or install any tenant improvements or Alterations, additions Improvements shall be demolished unless Tenant shall have first furnished Landlord with such surety bonds or other improvements in security acceptable to Landlord as shall be necessary to assure rebuilding of such Improvements. Notwithstanding the Master Lease Premises prior to the Commencement Date of the Master Leaseforegoing, Sublandlord currently has no right to grant Subtenant the right to construct or install Landlord's approval shall not be required for any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease nonstructural alterations costing less than One Hundred Thousand Dollars (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter$100,000.00). IfTenant shall promptly pay all costs and expenses of each such addition, following the Commencement Date of the Master Leasealteration, Sublandlord desires to construct additional Improvement, substitution or installreplacement, or caused to be constructed or installeddischarge all liens arising therefrom and procure and pay for all permits and licenses required in connection therewith. All such additions, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other additional Improvements substitutions and replacements shall be and remain part of the Master Lease Premises)realty and the property of Landlord and shall be subject to this Lease. Tenant may place upon the Premises any inventory, (i) Subtenant shall reasonably cooperate with Sublandlord trade fixtures, machinery or equipment belonging to allow Sublandlord to undertake, Tenant or cause to be undertaken, such alterations, additions or improvements in third parties and may remove the Sublease Premises (and/or in same at any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, time during the Sublease Term, Subtenant Terms. Tenant shall not remove, modify, alter or damage in repair any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent Premises caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasesuch removal.
Appears in 1 contract
Samples: Lease and Agreement of Lease (Techniclone Corp/De/)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. If Landlord consents to Tenant's contractors doing the work, Landlord may require, at Landlord's sole option, that Tenant provide, at Tenant's expense, a lien and completion bond in an amount equal to 1-1/2 times any and all estimated costs of improvements, additions or alterations in the Premises to insure Landlord against any liability or mechanic's and materialmen's lien which may arise in accordance with Paragraph 23 of this Lease Agreement and to insure completion of the work. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and 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 in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. 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 otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises, provided, however, that, if Landlord so elects, prior to termination of this lease or any part thereof (and/or in any other part upon earlier vacating of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or additions, improvements in and partitions shall become the Sublease Premises (and/or in any other part property of Landlord as of the Master Lease date of termination of this lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises) . All shelves, bins, machinery and (ii) in connection with trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease, if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the Premises if required by Landlord. Upon any such alterationsremoval, additions Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy structural qualities of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security Buildings and other reasonable considerations arising in connection with improvements situated on the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleasePremises.
Appears in 1 contract
Alterations. Subtenant acknowledges and (A) Tenant agrees that Subtenant’s right to construct or install neither Tenant nor anyone claiming under Tenant shall make any Alterationsinstallations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in to or upon the Demised Premises, except only the installation of fixture necessary for the conduct of its business, without the prior consent of Landlord and except for non-structural alterations to the Sublease interior of the Building costing, in the aggregate, One Thousand Dollars ($1,000) or less. Notwithstanding any alteration to which Landlord may hereafter, in its sole discretion, consent, Tenant shall restore the Demised Premises to the same condition as the Demised Premises were in upon commencement of the term unless otherwise requested in writing by Landlord. Tenant shall not bring any additional electrical service into the Demised Premises unless it is brought in underground over a route first approved by Landlord and unless Tenant restores the surface of the ground and other disturbed areas to the reasonably same condition that existed prior to the installation thereof. All installations, alterations, additions and improvements made to or upon the Demised Premises, whether made by Landlord or Tenant or any part thereof other person (and/or except only sign and movable trade fixtures installed in the Demised Premises prior to or during the term of this Lease at the sole cost of Tenant or any other person claiming under Tenant) shall be deemed part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, Demised Premises and upon the expiration or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part termination of the Master terms of this Lease Premises) and (ii) shall be at the Landlord's sole discretion either fully restored in connection accordance with any such alterations, additions the above provisions of this paragraph or improvements undertaken, or caused to be undertaken, by Sublandlord in or to surrendered with the Sublease Premises, or any Demised Premises as a part thereof, Sublandlord agrees that it will take reasonable stepsin good condition and repair, to minimize interference with Subtenant’s use without disturbance, molestation or injury. Movable trade fixtures shall include trade fixtures and occupancy of the Sublease Premises. Such reasonable steps shall other installations not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or affixed to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against realty and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security trade fixtures and other reasonable considerations arising in connection installations affixed only by nails, bolts or screws with the performance prior permission of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleaseLandlord.
Appears in 1 contract
Samples: Lease Agreement (A123 Systems Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right Tenant shall not make or suffer to construct or install be made any Alterationsalterations, additions additions, or improvements in in, on, or to the Sublease Premises shall be subject to (i) or any part thereof without the prior written consent of Sublandlord (which shall not be unreasonably withheld) Landlord: and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions additions, or improvements undertakenin, on, or caused to be undertakensaid Premises, by Sublandlord in or except for Tenant’s movable furniture and equipment, shall immediately become Landlord’s property and, at the end of the term hereof, shall remain on the Premises without compensation to Tenant. In the event Landlord consents to the Sublease Premises, or making of any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions additions, or improvements during evenings by Tenant, the same shall be made by Tenant, at Tenant’s sole cost and expense, in accordance with all applicable laws, ordinances, and regulations and all requirements of Landlord’s and Tenant’s insurance pollicies, and in accordance with plans and specifications approved by Landlord, and any contractor or on weekends. If Sublandlord undertakesperson selected by Tenant to make the same, and all subcontractors, must first be approved in writing by Landlord, or causes to at Landlord’s option, the alteration, addition or improvement shall be undertakenmade by Landlord for Tenant’s account and Tenant shall reimburse Landlord for the cost thereof upon demand. Upon the expiration or sooner termination of the term herein provided, Tenant shall, provided Landlord gives Tenant notice of required removal at the time of its approval of such alteration, addition or improvement, at Tenant’s sole cost and expense, forthwith and with all due diligence remove any or all alterations, additions additions, or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term made by or for Sublandlord; providedthe account of Tenant, howeverdesignated by Landlord to be removed, such indemnity and hold harmless obligation Tenant shall not be applicable forthwith and with all due diligence, at its sole cost and expense, repair and restore the Premises to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agentstheir original condition. See Exhibit “E”, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Sublease“Special Stipulation” #5.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements 3. Tenant shall make no changes in or to the Sublease Premises shall be subject demised premises of any nature without Owner's prior written consent. Subject to (i) the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master LandlordOwner, and (ii) to the terms and conditions provisions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterationsarticle, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master LeaseTenant at Tenant's expense, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterationsmay make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Sublease Premises interior of the demised premises using contractors or mechanics first approved by Owner. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi- governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner, Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filled against the demised premises, or the building of which the same forms a part, for work done for, or materials furnished to, Tenant, whether or not done pursuant to his article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations installed in the premises at any time, either by tenant or by owner on tenant's behalf, shall, upon installation, become the property of owner and shall remain upon and be surrendered with the demised premises unless owner, by notice to tenant no later than twenty days prior to the Commencement Date date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in same shall be removed from the Sublease Premises demised premises by Tenant prior to the Commencement Date expiration of the Master Lease (subject lease at Tenant's expense. Nothing in this Article shall be construed to Master Landlord give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and Sublandlord having a right equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises condition existing prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, installation and repair any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused demised premises or the building due to such removal. All property permitted or required to be removed, by Tenant at the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance end of the Alterationsterm remaining fin the premises after Tenant's removal shall be deemed abandoned and may, additions at the election of Owner, either be retained as Owner's property or improvements removed from the premises by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterationsOwner, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvementsat Tenant's expense. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due notwithstanding appearing in paragraph 3 of the first month printed form of this Lease, Tenant need not remove its original installations of the Sublease Term and premises (installed by Tenant on or about the security deposit referred to in Section 5.4 Commencement Date) at the end of the term of this Sublease and (iii) Master Lease. On the submission by Tenant of plans for subsequent installations Landlord has consented shall advise Tenant in writing whether same are to be removed by Tenant at the end of the term of this SubleaseLease.
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Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premisespremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, or any part thereof (and/or without the consent of Landlord, but at its own cost and expense and in any other part good workmanlike manner erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, without altering the basic character of the Master Lease Premises)building or improvements and without overloading or damaging such building or improvements, (i) Subtenant shall reasonably cooperate and in each case complying with Sublandlord to allow Sublandlord to undertakeall applicable governmental laws, or cause to be undertakenordinances, such regulations and other requirements. All alterations, additions 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 otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and paid for by Tenant and restore the premises to their original condition by the date of termination of this lease or improvements in the Sublease Premises (and/or in any other part upon earlier vacating of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlordpremises; provided, however, that Sublandlord if Landlord so elects prior to termination of this lease or upon earlier vacating of premises, such alterations, additions, improvements, and Subtenant partitions shall reasonably cooperate with each other to afford Subtenant access to and use become the property of Landlord as much of the Sublease Premises as is reasonably practicable during date of termination of this lease or upon earlier vacating of the period of any Sublandlord alterations, additions or improvements. Anything herein premises and shall be delivered up to the contrary notwithstandingLandlord with the premises. All shelves, Subtenant bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall not be permitted to access and/or occupy removed by the Sublease Premises unless and until (i) Subtenant has provided Sublandlord date of termination of this lease or upon earlier vacating of the certificates of insurance premises if required by Section 4.4 hereof, (ii) Subtenant has delivered Landlord; upon any such removal Tenant shall restore the premises to Sublandlord their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the monthly installment of Base Rent due primary structure or structural qualities of the first month of buildings and other improvements situated on the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasepremises.
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Samples: Lease Agreement (Luminex Corp)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct make or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, made any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part alterations, either at the inception of the Master Lease Premises)or subsequently during the Term, (i) Subtenant without obtaining the prior written consent of Landlord, which consent shall reasonably cooperate with Sublandlord not be unreasonably withheld. Tenant shall deliver to allow Sublandlord to undertakeLandlord the contractor's name, or cause to be undertakenreferences and state license number, and a certificate of insurance naming Landlord and Project as additional insureds, as well as full and complete plans and specifications of all such alterations, additions or improvements in the Sublease Premises (and/or in improvements, and any other part subsequent modifications or additions to such plans and specifications, and no proposed work shall be commenced or continued by Tenant until Landlord has received and given its written approval of each of the Master Lease foregoing. Landlord shall either approve or disapprove any proposed alteration, addition or improvement on or before thirty (30) days following receipt of all of the foregoing items. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are accurate, safe or sufficient or that the same comply with any applicable laws, ordinances, building codes, or the like. Further, Tenant shall indemnify and hold Landlord and the Building harmless from any loss, cost or expense, including attorneys' fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from Tenant's alterations, additions or improvements to the Premises) . All alterations, additions or improvements shall remain the property of Tenant until termination of the Lease, at which time they shall, unless otherwise elected by Landlord, by written notice to Tenant, be and (ii) in connection with become the property of Landlord. All manufacturing and processing equipment installed by Tenant shall remain the property of Tenant, and shall be removed at the end of the Term. Landlord may, as a condition to approval of any such alterations, additions or improvements, require Tenant to remove any partitions, counters, railings and/or other improvements undertakeninstalled by Tenant during the Term, or caused and Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to be undertakenLandlord all costs arising from such removal. All repairs, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions and restorations by Tenant hereinafter required or improvements during evenings permitted shall be done in a good and workmanlike manner and in compliance with all applicable laws and ordinances, building codes, by-laws, regulations and orders of any federal, state, county, municipal or on weekendsother public authority and of the insurers of the Premises. If Sublandlord undertakesrequired by Landlord, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant Tenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against secure at Tenant's own cost and hold Subtenant harmless from any expense a completion and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such lien indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees bond or other representativesadequate security, including without limitation an indemnity agreement from Tenant's parent in form and substance reasonably satisfactory to Landlord. In no event Tenant shall the performance of the Alterations, additions reimburse Landlord for Landlord's reasonable charges (including any professional fees incurred by Landlord and a reasonable administrative fee as established by Landlord from time to time) for reviewing and approving or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of disapproving plans and specifications for any proposed alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Sublease.
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Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any AlterationsTenant shall make no alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) without the prior written consent of Sublandlord (which Landlord. Landlord's consent shall not be unreasonably withheld) withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and Master Landlordare 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 (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date contractor for performance of the Master Leasework. Without limiting the generality of the foregoing, Sublandlord currently has no right to grant Subtenant 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 construct or install any Alterationsapprove their changes before commencing the work. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, additions or improvements regulations and ordinances, and Landlord shall be entitled to a supervision fee in or to the Sublease Premises prior to the Commencement Date amount of five percent (5%) of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date cost of the Master Lease (subject 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 Master Landlord. Unless Landlord and Sublandlord having a right to approve such Alterations); howeverotherwise agrees in writing, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any all alterations, additions or improvements in or affixed to the Sublease PremisesPremises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by written notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any part thereof (and/or in alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any other damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the Master initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified in writing of the requirement prior to the build-out. Except as otherwise provided in this Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with Exhibit to this Lease, should Landlord make any such alterations, additions alteration or improvements undertaken, or caused to be undertaken, by Sublandlord in or improvement to the Sublease PremisesPremises at the request of Tenant, or any part thereof, Sublandlord agrees that it will take reasonable steps, Landlord shall be entitled to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless prompt reimbursement from any and Tenant for all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasecosts incurred.
Appears in 1 contract
Samples: Office Space Lease (Netratings Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right Tenant shall not make (or permit to construct or install be made) any Alterations, additions or improvements in or alteration to the Sublease Premises shall be subject to (iincluding, without limitation, the attachment of any fixture or equipment) unless such alteration (a) equals or exceeds the Building Standard and utilizes only new and first-grade materials, (b) is in conformity with all Legal Requirements, and is made after obtaining any required permits and licenses, (c) is made with the prior written consent of Sublandlord (which shall Landlord not to be unreasonably withheld, conditioned or delayed, (d) is made pursuant to plans and Master specifications approved in writing in advance by Landlord, and (iie) the terms and conditions of this Sublease. Because Sublandlord currently is made after Tenant has no right provided to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (reasonable indemnification and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, bonds requested by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of SublandlordLandlord, including, without limitation, a performance and completion bond in such form and amount as may be satisfactory to Landlord to protect against claims and liens for labor performed and materials furnished, and to insure the Tenant Improvements described completion of any alteration, (f) is carried out by persons approved in writing by Landlord who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured, and (g) is done only at such time and in such manner as to not disturb the Landlord or other tenants in the Master LeaseBuilding. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any All such alterations, improvements and additions or improvements by or on behalf of Sublandlord, Subtenant may not have access (including all articles attached to the entire Sublease Premises during the construction floor, wall or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much ceiling of the Sublease Premises as is reasonably practicable during Premises) shall become the period property of any Sublandlord alterationsLandlord and shall, additions or improvements. Anything herein to the contrary notwithstandingat Landlord’s election, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord surrendered with the certificates Premises as part thereof at the termination or expiration of insurance required by Section 4.4 hereofthe Term, without any payment, reimbursement or compensation therefor, or (ii) Subtenant has delivered removed by Tenant, at Tenant’s expense, with all damage caused by such removal repaired by Tenant. Tenant may remove Tenant’s trade fixtures, office supplies, movable office furniture and equipment not attached to Sublandlord the monthly installment of Base Rent due Building, provided such removal is made prior to the expiration of the first month Term, no uncured Event of Default has occurred and Tenant promptly repairs all damage caused by such removal. Tenant shall indemnify, defend and hold harmless Landlord from and against all liens, claims, damages, losses, liabilities and expenses, including attorneys’ fees, which may arise out of, or be connected in any way with, any such change, addition or improvement. Within twenty (20) days following the Sublease Term and the security deposit referred imposition of any lien resulting from any such change, addition or improvement, Tenant shall cause such lien to in Section 5.4 be released of this Sublease and (iii) Master Landlord has consented to this Subleaserecord by payment of money or posting of a proper bond.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install TENANT shall not make any Alterationsalterations, improvements and/or additions or improvements in or to the Sublease Demised Premises shall be subject to (i) without first obtaining, in each instance, the prior written consent of Sublandlord (LANDLORD, which shall consent LANDLORD agrees will not be unreasonably withheld, conditioned or delayed. LANDLORD shall reply in writing within fifteen (15) and Master Landlord, and (ii) the terms and conditions days of this Sublease. Because Sublandlord currently has no right TENANT’S written request to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with make any such alterations, improvements and/or additions or such request shall be deemed approved hereunder. All alterations, improvements undertakenand/or additions shall be made in accordance with all applicable laws, or caused to be undertakenbuilding codes and ordinances, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use a good and occupancy of the Sublease Premisesworkmanlike manner. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such Any and all alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakesand improvements, or causes to which may be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed made or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against TENANT upon the Demised Premises and hold Subtenant harmless from which in any and all Claims of personal injury or property damage (manner are attached to the extent not covered by insurance) arising fromfloors, any construction work performed in the Sublease Premises during the Sublease Term by walls or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, ceilings (including, without limitation, any linoleum or other floor covering of similar character which may be cemented or otherwise adhesively affixed to the Tenant Improvements described floor) shall remain upon the Demised Premises at the expiration or earlier termination of this Lease or, at the option of the LANDLORD, be removed from the Demised Premises. However, the usual trade fixtures and furniture which may be installed in the Master 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. Subtenant hereby agrees Further, subject to reasonable wear and acknowledges thattear, due TENANT covenants and agrees, at its own cost and expense, to safetyrepair 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, security and other reasonable considerations arising in connection with the performance of LANDLORD shall, upon approving any alterations, improvements and/or additions or improvements requested by or on behalf TENANT, advise TENANT at the time of Sublandlordgiving such approval, Subtenant may not have access as to whether the entire Sublease Premises during the construction or installation of certain LANDLORD will require such alterations, improvements and/or additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much be removed upon expiration of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleaseLease.
Appears in 1 contract
Samples: Lease (Durata Therapeutics, Inc.)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install Except for any Alterations, additions or improvements in or initial improvement of the Premises by Landlord pursuant to the Sublease Premises Approved Plans and Specifications as defined in Exhibit C, which shall be subject to (i) governed by the prior written consent provisions of Sublandlord (said Exhibit C and any improvements costing less than $20,000 and which do not affect the structure or systems of the Building, Tenant shall not be unreasonably withheld) and Master Landlordmake, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct suffer or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused permit to be constructed or installed, made any alterations, additions or improvements in to or to of the Sublease Premises, Premises or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertakethereof, or cause to attach any fixtures or equipment thereto, without first obtaining Landlord's written consent, which consent shall not be undertaken, unreasonably withheld. Any such alterations, additions or improvements in to the Sublease Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account by a contractor approved by Tenant and Landlord and Tenant shall reimburse Landlord for all costs thereof (and/or in any other part including a reasonable charge for Landlord's overhead and services not to exceed five (5%) percent of the Master Lease Premisescosts of such alterations), as Rental, within ten (10) days after receipt of a statement. The Tenant Improvements and (ii) in connection all such alterations, additions and improvements, except for computers and related equipment associated with any the Data Center, shall become Landlord's property at the expiration or earlier termination of the term hereof and shall remain on the Premises without compensation to Tenant unless Landlord elects by notice to Tenant at the time Landlord approves such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, have Tenant remove such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakesand improvements, or causes to be undertakenin which event, notwithstanding any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way contrary provisions respecting such alterations, additions or and improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord contained in Paragraph 9 hereof, Tenant shall indemnify Subtenant against promptly restore, at its sole cost and hold Subtenant harmless from any and all Claims of personal injury or property damage (expense, the Premises to its condition prior to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, installation of such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlordand improvements, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees normal wear and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasetear excepted.
Appears in 1 contract
Samples: Interland Inc /Mn/
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install Tenant shall not make any Alterationsstructural alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) or Property without the prior written consent of Sublandlord (which shall not be unreasonably withheld) Landlord. Notwithstanding the aforesaid, Tenant, at Tenant's sole cost and Master Landlordexpense, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to may construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterationsinterior non-structural alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct Premises, or install Alterations such trade fixtures as Tenant may deem necessary, so long as such improvements and trade fixtures do not penetrate or disturb the structural integrity and support provided by the roof, exterior walls or subfloors. All such improvements and trade fixtures shall be constructed and/or installed in a good and workmanlike manner, and in compliance with all applicable governmental and quasi-governmental laws, ordinances and regulations, as well as all requirements of Landlord's insurance carrier. Tenant may remove all alterations, additions, improvements and trade fixtures installed by Tenant from the Sublease Premises prior upon the expiration or earlier termination of this Lease; and, upon such removal, Tenant shall repair the Premises to a condition substantially similar to that condition when received by Tenant, except for normal wear and tear and damage due to casualty. Notwithstanding the Commencement Date aforesaid, all such alterations, additions, or improvements left by Tenant after lease termination shall remain within the Premises upon the termination of this Lease, and shall be delivered up to Landlord along with the Master Lease (subject to Master Premises. Landlord and Sublandlord having a shall have no right to approve such Alterations)any of Tenant's trade fixtures; howeverand, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements except as otherwise set forth in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master this Lease, Sublandlord desires Tenant may remove such trade fixtures upon the termination of this Lease, provided Tenant repairs any damage caused by such removal. Upon termination of this lease, Tenant shall restore the premises to construct or install, or caused to be constructed or installed, its prior condition for any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, made without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleaseLandlord's approval.
Appears in 1 contract
Samples: Warehouse Lease Agreement (Nooney Realty Trust Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises a Tenant shall be subject to (i) the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has make no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises without Landlord's prior written consent,* and then only by contractors or mechanics approved by Landlord such consents and approvals by Landlord shall not be unreasonably withheld or delayed. Tenant shall submit to Landlord plans and specifications for any proposed alterations, additions or improvements to the Premises, and may not make such alterations, additions or any part thereof (and/or in any other part improvements until Landlord has approved of the Master Lease Premises), (i) Subtenant such plans and specifications. Tenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, construct such alterations, additions or improvements in accordance with the Sublease Premises (and/or in plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without Landlord's prior written consent. If the proposed change requires the consent or approval of any lessor of a superior lease, or the holder of a mortgage encumbering the Premises, such consent or approval must be secured prior to the construction of such alteration, addition or improvement.** Tenant agrees that there shall be no construction of partitions or other part obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Master Lease Premisesbuilding or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations and requirements of all governmental agencies, offices and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Office, and of any similar body. Before commencing any work, Tenant shall give Landlord at least ten (10) days written notice of the proposed commencement of such work and (ii) shall, if required by Landlord and other than for the work described in connection with any the Work Letter Agreement of even date herewith secure at Tenant's own *unless such alterations, additions additions, or improvements undertaken, are less than a cost of Five Thousand and No/100 Dollars ($5,000.00). **and Landlord agrees to cooperate in obtaining any such consent or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaseapproval.
Appears in 1 contract
Samples: Letter Agreement (Stac Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct (a) Tenant shall not make or install allow any Alterationsalterations, additions additions, or improvements in or to the Sublease Premises shall be subject to or any part of the Premises (i) the collectively, Alterations), without Landlord's prior written consent of Sublandlord (consent, which shall not be unreasonably withheld) and Master Landlord. Consent, however, may be conditioned on the receipt by, and approval of, Landlord of a set of plans and specifications for the alterations no later than thirty (ii30) days prior to the terms scheduled construction of the alterations as well as the use by Tenant of a contractor or contractors approved by Landlord. Landlord may withhold approval of any contractor which does not meet the qualifications requirements of any Landlord lender; including the requirement that such contractor employ union labor in accordance with the Labor Covenant (contained in Exhibit S). The installation of furnishings, fixtures, equipment, or decorative improvements, none of which shall affect operating systems or the structure of the Premises shall not constitute Alterations. All Alterations and conditions any furnishings, fixtures, equipment, or decorative improvements remaining on the Premises after the termination or earlier expiration of this SubleaseLease shall immediately become Landlord's property and, at the termination or earlier expiration of this Lease, shall remain on the Premises without compensation to Tenant. Because Sublandlord currently has no right Provided Landlord identifies such Alterations for possible removal at the time of Landlord's initial approval for installation, and further provided Landlord subsequently elects by notice to construct or install any tenant improvements or AlterationsTenant to have Tenant remove same at the end of the Term, additions or other improvements in then Tenant shall cause such removal and/or restoration to be done at Tenant's sole cost and expense and Tenant shall restore the Master Lease portions of the Premises prior subject to such removal to the condition of as of the Commencement Date of the Master this Lease. If Landlord requires Tenant to remove any Alterations and any furnishings, Sublandlord currently has no right fixtures, equipment, or decorative improvements and Tenant fails to grant Subtenant the right to construct cause such removal and/or restoration on or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date termination or other earlier expiration of this Lease, such failure shall be deemed a holdover under Section 13(b) of this Lease, and in addition to any other damages owing Landlord under this Section, Tenant shall owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, and repairs and the Master removal and restoration thereof, if required under this Lease, shall be performed in accordance with all applicable laws and at Tenant's sole expense. Tenant will indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease. Sublandlord will request of Master Landlord that Master Landlord consent The foregoing notwithstanding, nothing in this Section 11 shall require Tenant to allow Subtenant to construct or install Alterations in remove the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or initial Tenant Improvements installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed Tenant in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection accordance with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of Approved Tenant Improvement Drawings as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to set forth in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Sublease.Exhibit C.
Appears in 1 contract
Alterations. Subtenant acknowledges Landlord agrees to perform at Landlord's cost and agrees that Subtenant’s right to construct or install any Alterations----------- expense those improvements described as Landlord's Work on Exhibit B attached hereto as and by this reference made a part hereof. All alterations, additions or additions, improvements in or to the Sublease Premises and partitions erected by Tenant shall be subject to (i) and remain the prior written consent property of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, and (ii) Tenant during the terms and conditions term of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or AlterationsLease and Tenant shall, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Leaseunless Landlord otherwise elects as hereinafter provided, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any remove all alterations, additions additions, improvements and partitions erected by tenant and restore the Leased Premises to its original condition by the date of termination of this Lease or improvements in or to upon an earlier date on which Tenant shall have vacated the Sublease Leased Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, that, if at such indemnity time Landlord so elects, in Landlord's sole discretion, such alterations, additions, improvements and hold harmless obligation partitions shall become the property of Landlord as of the date of termination of this Lease or upon an earlier date on which Tenant shall have vacated the Leased Premises and title shall pass to Landlord under this Lease as by a xxxx of sale. All such alterations, removals and restoration shall be accomplished in a good and workmanlike manner by contractors approved in writing by Landlord so as not be applicable to damage the primary structure or structural qualities of the Building. Tenant shall, prior to any construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds, letters of credit and personal injuries guaranties of individuals of substance, as Landlord, in its sole discretion, shall require to assure payment of the costs thereof and to protect Landlord against any loss from, or property damage to encumbrance of, the extent caused Leased Premises by the negligence or willful misconduct of Subtenant or any of Subtenant’s agentsmechanics', employeeslaborers', affiliates, contractors, subcontractors, licensees, sublessees, invitees materialmen's or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaseliens.
Appears in 1 contract
Samples: Lease Agreement (Britesmile Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premisespremises (including, or any part thereof (and/or in any other part but not limited to, roof and wall penetrations) without the prior written consent of Landlord. Such consent will not be denied provided the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord improvements are building standard office/warehouse finishes. In the event Landlord consents to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part making of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertakenby Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or caused person selected by Tenant to make the same and all subcontractors must first be undertakenapproved in writing by Landlord. Tenant may, by Sublandlord without the consent of Landlord, but at its own cost and expense and in or to a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy basic character of the Sublease Premisesbuilding or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such All alterations, additions or additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during evenings or on weekends. If Sublandlord undertakesthe term of this lease and Tenant shall, or causes to be undertakenunless Landlord otherwise elects as hereinafter provided, any remove all alterations, additions or additions, improvements in or and partitions erected by Tenant and restore the premises to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused their original condition by the negligence date of termination of this lease or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance upon earlier vacating of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlordpremises; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other if Landlord so elects prior to afford Subtenant access to and use termination of as much this lease or upon earlier vacating of the Sublease Premises as is reasonably practicable during the period of any Sublandlord premises, such alterations, additions additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or improvements. Anything herein upon earlier vacating of the premises, and shall be delivered up to the contrary notwithstandingLandlord with the premises. All shelves, Subtenant bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall not be permitted to access and/or occupy removed by the Sublease Premises unless and until (i) Subtenant has provided Sublandlord date of termination of this lease or upon earlier vacating of the certificates of insurance premises if required by Section 4.4 hereof, (ii) Subtenant has delivered Landlord; upon any such removal Tenant shall restore the premises to Sublandlord their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the monthly installment of Base Rent due primary structure or structural qualities of the first month of building and other improvements situated on the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasepremises.
Appears in 1 contract
Samples: Lease Agreement (Hayes Corp)
Alterations. Subtenant acknowledges and agrees that SubtenantBorrower shall obtain Lexxxx’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (to any alterations to any Improvements, which consent shall not be unreasonably withheld) and Master Landlordwithheld or delayed. Notwithstanding the foregoing, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord Lender’s consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to shall not be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) required in connection with any alterations that will not have a material adverse effect on Borrower’s financial condition, Borrower’s ability to perform its obligations under the Loan Documents or the value of any Individual Property, provided that such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord alterations are made in or connection with (a) tenant improvement work performed pursuant to the Sublease Premisesterms of any Lease executed on or before the date hereof (or, after the date hereof, which are approved or deemed approved or which do not require Lender approval hereunder), (b) tenant improvement work performed pursuant to the terms and provisions of a Lease and not materially and adversely affecting any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy structural component of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertakenany Improvements, any alterations, additions utility or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage HVAC system contained in any way such alterations, additions Improvements or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion exterior of any alterations, additions or improvements by or on behalf building constituting a part of Sublandlord, including, without limitation, any Improvements (unless the Tenant is obligated to maintain or repair any structural components of any Improvements described in the Master pursuant to its Lease. Subtenant hereby agrees and acknowledges that), due to safety, security and other reasonable considerations arising (c) alterations performed in connection with the performance Restoration of any alterationsIndividual Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Agreement, additions (d) alterations required to comply with Legal Requirements or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much terms of the Sublease Premises as is Loan Documents or (e) alterations that are reasonably practicable during expected to cost less than the period Threshold Amount, in the aggregate (provided that, for the avoidance of any Sublandlord alterationsdoubt, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant cost of purchasing and installing equipment shall not be permitted included in the calculation of such aggregate cost). If the total unpaid amounts due and payable with respect to access and/or occupy alterations to the Sublease Premises unless Improvements with respect to an Individual Property or any portion thereof (other than such amounts to be paid or reimbursed by Tenants under the Leases or paid with insurance or condemnation proceeds or reserves established pursuant to the Loan Documents) shall at any time exceed the Threshold Amount, Borrower shall promptly deliver to Lender as security for the payment of such amounts and until as additional security for Borrower’s obligations under the Loan Documents any of the following: (iA) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereofcash, (iiB) Subtenant U.S. Obligations, (C) other securities having a rating reasonably acceptable to Lender and that, at Lender’s option (if a Securitization has delivered to Sublandlord occurred), the monthly installment applicable Rating Agencies have confirmed in writing will not, in and of Base Rent due itself, result in a downgrade, withdrawal or qualification of the first month initial, or, if higher, then current ratings assigned to any Securities or any class thereof in connection with any Securitization or (D) a completion and performance bond or an irrevocable Letter of Credit (payable on sight draft only) issued by a financial institution having a rating by S&P of not less than “A-1+” if the term of such bond or Letter of Credit is no longer than three (3) months or, if such term is in excess of three (3) months, issued by a financial institution having a rating that is reasonably acceptable to Lender and that, at Lender’s option (if a Securitization has occurred), the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the Sublease Term initial, or, if higher, then current ratings assigned to any Securities or class thereof in connection with any Securitization. Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements on the Property (or any portion thereof) (other than such amounts to be paid or reimbursed by Tenants under the Leases) over the Threshold Amount and Lender may apply such security from time to time at the option of Lender to pay for such alterations. Lender shall return such security to Borrower when the remaining cost for the applicable alteration triggering the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaseis reduced below the Threshold.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premises without the prior written consent of Landlord. Landlord shall not be required to notify Tenant of whether it consents to any alteration, addition or improvement until it (a) has received plans and specifications in a CAD disk format therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. If the alteration, addition or improvement will affect the Building’s structure, HVAC system, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord and provided to Landlord in a CAD disk format. Landlord’s approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord’s consent to performance of the work. Upon completion of any alteration, addition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor in a CAD disk format. Tenant may erect shelves, bins, machinery and 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 (3) may be removed without damage to the Premises. Unless Landlord specifies in writing otherwise, all alterations, additions, and improvements shall be Landlord’s property when installed in the Premises. All 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, or any part thereof at which time Tenant shall restore the Premises to their original condition. All work performed by a Tenant in the Premises (and/or in any other part of including that relating to the Master Lease Premises)installations, (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertakerepair replacement, or cause 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 undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part responsible for compliance with The Americans With Disabilities Act of the Master Lease Premises) and (ii) in 1990. In connection with any such alterationsalteration, additions addition or improvements undertakenimprovement, or caused Tenant shall pay to be undertakenLandlord an administration fee of five percent (5%) of all costs incurred for such work. However, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps Tenant shall not require, however, that Sublandlord undertake, or cause have to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction pay Landlord an administration fee for non-structural work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasecosting less than $10,000.00 7.
Appears in 1 contract
Samples: Lease Agreement Between Aetna Life (Tanisys Technology Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which A. Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease PremisesPremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD. Tenant may, or any part thereof (and/or without the consent of Landlord, but at its own cost and expense and in any other part a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Master Lease Premises)building or improvements and without overloading or damaging such building or improvements, (i) Subtenant shall reasonably cooperate and in each case complying with Sublandlord to allow Sublandlord to undertakeall applicable governmental laws, or cause to be undertakenordinances, such regulations and other requirements. All alterations, additions 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 otherwise elects as hereinafter provided, to remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or improvements in the Sublease Premises (and/or in any other part upon earlier vacating of the Master Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease Premises) if Tenant so elects, and (ii) in connection with shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such alterations, additions removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy structural qualities of the Sublease buildings and other improvements situated on the Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleaseSEE ADDENDUM TO PARAGRAPH 8A).
Appears in 1 contract
Samples: Lease Agreement (Applied Voice Technology Inc /Wa/)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which A. Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and 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 in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. 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 otherwise elects as hereinafter provided, to remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other if Landlord so elects prior to afford Subtenant access to and use termination of as much this Lease or upon earlier vacating of the Sublease Premises as is reasonably practicable during the period of any Sublandlord Premises, such alterations, additions additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or improvements. Anything herein upon earlier vacating of the Premises and shall be delivered up to the contrary notwithstandingLandlord with the Premises. If Tenant, Subtenant along with its written request to Landlord for consent to an alteration, requests Landlord to make its election as set forth above together with its written consent for an Alteration, then Landlord agrees to make such election. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall not be permitted to access and/or occupy removed by the Sublease date of termination of this Lease or upon earlier vacating of the Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance if required by Section 4.4 hereof, (ii) Subtenant has delivered Landlord; upon any such removal Tenant shall repair any damage caused by such removal. All such removals and restoration shall be accomplished in good workmanlike manner so as not to Sublandlord damage the monthly installment of Base Rent due primary structure or structural qualities of the first month of buildings and other improvements situated on the Sublease Term and the security deposit referred Premises. (See Addendum to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleaseParagraph 8A).
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right Tenant shall not make or allow to construct or install be made any Alterationsalterations, installations, additions or improvements in or to the Sublease Premises shall be subject to (i) Premises, or place safes, vaults or other heavy furniture or equipment within the Premises, without Landlord's prior written consent. Such consent of Sublandlord (which shall by Landlord will not be unreasonably withheld) and Master Landlordwithheld or delayed for interior, and (ii) nonstructural alterations to the terms and conditions of this SubleasePremises that do not require modifications to the Building HVAC or other systems. Because Sublandlord currently has no right to construct or install any tenant improvements or AlterationsAll alterations, installations, additions or improvements, other improvements in the Master Lease Premises prior than movable furniture, wall systems, equipment, and trade fixtures, made by Tenant to the Commencement Date 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 Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other Landlord may require Tenant, at Tenant's cost, to afford Subtenant access 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 and use of as much possession of the Sublease Premises. Tenant, at its sole cost and prior to the expiration or termination of this Lease, shall remove all of Tenant's property from the Premises as and make, or reimburse Landlord for the cost of all repairs to the Premises and/or Project for damage resulting from such removal. Tenant is reasonably practicable during not required, however, to remove any Initial Tenant Improvements or any subsequent alterations approved by Landlord. All work shall be completed promptly and in a good and workmanlike manner and shall be 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 Tenant permit, or be authorized to permit, any such liens or other claims to be asserted against Landlord or Landlord's rights, estate and interests with respect to the period Project or this Lease. If the cost of any Sublandlord alterations, installations, additions or improvements. Anything herein improvements to the contrary notwithstandingPremises exceeds $5,000.00, Subtenant shall not be permitted Landlord may require, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord estimated cost of such improvements, additions or alterations Tenant proposes to make in the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleasePremises.
Appears in 1 contract
Samples: Lease Agreement (Eloyalty Corp)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install The TENANT shall not make any Alterations, additions or improvements in or alterations to the Sublease Lease Premises shall be subject to (i) without the prior written consent of Sublandlord (which shall the LANDLORD, such consent not to be unreasonably withheld) and Master Landlord, and (ii) withheld or delayed. If the terms and conditions of this Sublease. Because Sublandlord currently has no right TENANT shall desire to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with make any such alterations, additions or improvements undertaken, or caused it shall furnish plans and specifications of the work to be undertakenso performed together with a construction statement containing a complete breakdown of the cost of all labor and material included therein, by Sublandlord and together with an escrow of cash with Title Services, Inc. in or an amount equal to the Sublease Premisesestimated cost of all such work, or if it should exceed one thousand dollars ($1,000.00). TENANT agrees to obtain a building permit from the city for any part thereof, Sublandlord alterations exceeding fifty dollars ($50.00) in cost. TENANT agrees that it will take reasonable stepsall such work shall be done in a good, to minimize interference workmanlike manner, and in compliance with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any applicable building codes and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlordlaws, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, howeverAmerican Disabilities Act, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much the structural integrity of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant Building shall not be permitted impaired, and that no liens shall attach to access and/or occupy the Sublease Building or Leased Premises unless and until (iby reason thereof. No such alteration(s) Subtenant has provided Sublandlord shall change the certificates of insurance required by Section 4.4 hereofoffice/finish area to storage/service area ration without LANDLORD's permission. The TENANT shall, (ii) Subtenant has delivered to Sublandlord before the monthly installment of Base Rent due expiration of the first month Lease, restore the Leased Premises to its original condition unless the LANDLORD elects that all of part of the Sublease Term alterations may remain. Any such alterations shall become the property of LANDLORD as soon as they are affixed to the Leased Premises and all right, title and interest therein of the security deposit referred TENANT shall immediately cease unless otherwise stated in writing. The TENANT however, shall remain the owner of any installed trade fixtures and shall have the right to in Section 5.4 remove such trade fixtures at the expiration of this Sublease and (iii) Master Landlord has consented Lease Agreement, so long as the Lease Premises and/or Building is restored to this Subleaseits original conditions.
Appears in 1 contract
Samples: Ringer Corp /Mn/
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premisespremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, or any part thereof (and/or without the consent of Landlord, but at its own cost and expense and in any other part a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Master Lease Premises)building or improvements and without overloading or damaging such building or improvements, (i) Subtenant shall reasonably cooperate and in each case complying with Sublandlord to allow Sublandlord to undertakeall applicable governmental laws, or cause to be undertakenordinances, such regulations and other requirements. All alterations, additions 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 otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or improvements in the Sublease Premises (and/or in any other part upon earlier vacating of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlordpremises; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other if Landlord so elects prior to afford Subtenant access to and use termination of as much this lease or upon earlier vacating of the Sublease Premises as is reasonably practicable during the period of any Sublandlord premises, such alterations, additions additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or improvements. Anything herein upon earlier vacating of the premises and shall be delivered up to the contrary notwithstandingLandlord with the premises. All shelves, Subtenant bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall not be permitted to access and/or occupy removed by the Sublease Premises unless and until (i) Subtenant has provided Sublandlord date of termination of this lease or upon earlier vacating of the certificates of insurance premises if required by Section 4.4 hereof, (ii) Subtenant has delivered Landlord; upon any such removal Tenant shall restore the premises to Sublandlord their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the monthly installment of Base Rent due primary structure or structural qualities of the first month of buildings and other improvements situated on the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasepremises.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right Tenant shall not make (or permit to construct or install be made) any Alterations, additions or improvements in or alteration to the Sublease Premises shall be subject to (iincluding, without limitation, the attachment of any fixture or equipment) unless such alteration (a) equals or exceeds the Building Standard and utilizes only new and first-grade materials, (b) is in conformity with all Legal Requirements, and is made after obtaining any required permits and licenses, (c) is made with the prior written consent of Sublandlord (which shall Landlord not to be unreasonably withheld, conditioned or delayed, (d) is made pursuant to plans and Master specifications approved in writing in advance by Landlord, and (iie) the terms and conditions of this Sublease. Because Sublandlord currently is made after Tenant has no right provided to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (reasonable indemnification and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, bonds requested by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of SublandlordLandlord, including, without limitation, a performance and completion bond in such form and amount as may be satisfactory to Landlord to protect against claims and liens for labor performed and materials furnished, and to insure the Tenant Improvements described completion of any alteration, (f) is carried out by persons approved in writing by Landlord who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured, and (g) is done only at such time and in such manner as to not disturb the Landlord or other tenants in the Master LeaseBuilding. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any All such alterations, improvements and additions or improvements by or on behalf of Sublandlord, Subtenant may not have access (including all articles attached to the entire Sublease Premises during the construction floor, wall or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much ceiling of the Sublease Premises as is reasonably practicable during Premises) shall become the period property of any Sublandlord alterationsLandlord and shall, additions or improvements. Anything herein to the contrary notwithstandingat Landlord's election, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord surrendered with the certificates Premises as part thereof at the termination or expiration of insurance required by Section 4.4 hereofthe Term, without any payment, reimbursement or compensation therefor, or (ii) Subtenant has delivered removed by Tenant, at Tenant's expense, with all damage caused by such removal repaired by Tenant. Tenant may remove Tenant's trade fixtures, office supplies, movable office furniture and equipment not attached to Sublandlord the monthly installment of Base Rent due Building, provided such removal is made prior to the expiration of the first month Term, no uncured Event of Default has occurred and Tenant promptly repairs all damage caused by such removal. Tenant shall indemnify, defend and hold harmless Landlord from and against all liens, claims, damages, losses, liabilities and expenses, including attorneys' fees, which may arise out of, or be connected in any way with, any such change, addition or improvement. Within twenty (20) days following the Sublease Term and the security deposit referred imposition of any lien resulting from any such change, addition or improvement, Tenant shall cause such lien to in Section 5.4 be released of this Sublease and (iii) Master Landlord has consented to this Subleaserecord by payment of money or posting of a proper bond.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct Lessee shall make no alterations in or install any Alterations, additions or improvements in installations of equipment or to the Sublease Premises, unless and until plans and specifications therefore have been approved by Lessor in writing. Lessee may remove its moveable trade fixtures prior to the expiration or earlier termination of this Lease, provided that Lessee repairs any damage to the Premises caused by such removal. Nothing in this Lease shall, however, be construed to constitute the consent of Lessor to the creation of any lien, and no person shall be subject entitled to (i) any lien on the prior written consent Building, the Common Areas, the Office Park or the underlying land or related improvements. In the event, despite this provision, a lien is placed thereon, Lessee shall cause such lien to be removed or shall, immediately upon request of Sublandlord (Lessor, provide a corporate surety bond satisfactory to Lessor which shall not be unreasonably withheld) save Lessor harmless under such lien and Master Landlordfrom any interest, costs and (ii) the terms attorneys' fees incurred by Lessor in connection therewith. Lessee shall indemnify Lessor from any and conditions all costs and expenses incurred by Lessor as a result of this Subleasesuch liens. Because Sublandlord currently has no right to construct or install any tenant improvements or AlterationsAll approved installations, alterations, additions or other improvements made by Lessee shall be made in the Master Lease Premises prior to the Commencement Date good and workmanlike manner, between such hours and by such contractors or mechanics as may be approved in writing by Lessor, and in such a way that utilities will not be interrupted and other tenants and occupants of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct Building will not suffer unreasonable inconvenience or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Leaseinterference. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord Both during and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with after the performance of any alterationssuch work, additions Lessor shall have free access to any and all mechanical installations in the Premises, including, but not limited to, air conditioning, fans, ventilating systems, machine rooms and electrical closets; and Lessee agrees not to construct or improvements by or on behalf permit the installation of Sublandlordpartitions and/or other obstructions in the Premises, Subtenant may not have which might interfere with Lessor's free access to the entire Sublease Premises during or Building, or impede the construction or installation free flow of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access air to and use of as much from air vents and other portions of the Sublease heating, air conditioning and ventilating systems in the Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleaseBuilding.
Appears in 1 contract
Samples: Office Space Lease Agreement (Able Laboratories Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right Lessee shall not make or allow to construct or install be made any Alterationsalterations, installations, additions or improvements in or to the Sublease Premises shall be subject to (i) Premises, or place safes, vaults, or other heavy furniture or equipment within the Premises, without Lessor’s prior written consent, which consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct withheld or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlorddelayed; provided, however, such indemnity and hold harmless obligation Lessee shall not be applicable have the right, without Lessor’s consent, to any personal injuries construct additional or property damage alternate facilities in the Premises for housing Lessee’s ATMs (whether now located in the Premises or not), as deemed reasonably necessary by Lessee. Lessor consents to the extent presence of all safes, vaults, heavy furniture and equipment which is situated on or in the Premises on the Commencement Date. All alterations, installations, additions, or improvements, other than movable furniture, movable equipment (including, without limitation Lessee’s ATMs), other personal property and movable trade fixtures, made by Lessee to the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor at the expiration or termination of this Lease or the termination of Lessee’s right to possession of the Premises. Lessee, at its sole cost and, on or before the expiration or termination of this Lease, shall remove all of Lessee’s property from the Premises and repair all damage caused by the negligence or willful misconduct such removal. All such removal of Subtenant or any of SubtenantLessee’s agentsproperty shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees materialman’s or other representatives. In similar liens shall attach to Lessee’s leasehold estate, and in no event shall Lessee permit, or be authorized to permit, any such liens or other claims to be asserted against Lessor or Lessor’s rights, estate, and interests with respect to the performance Premises or this Lease. In the event Lessee fails to remove Lessee’s property on or before the expiration or termination of this Lease, the signs shall become the property of Lessor without any credit or compensation to Lessee, and Lessor may, but is not obligated to, remove and store or dispose of the Alterationssigns and Lessee shall be liable to Lessor for all costs incurred by Lessor in connection therewith. Lessee shall indemnify and hold Lessor harmless from all loss, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterationsdamage, additions or improvements by or on behalf of Sublandlordcost, includingexpense, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising liability in connection with the performance of any alterationssuch removal, additions storage, or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasedisposal.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that SubtenantTenant shall not, without Landlord’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which consent shall not be unreasonably withheld, conditioned or delayed by Landlord), make or cause to be made any “material” Tenant Improvements. For purposes of this Lease the term “material” Tenant Improvements shall mean all Tenant Improvements which (i) affect the structure, systems (i.e. electrical, mechanical, plumbing, sewerage, elevator and/or “HVAC”) or exterior appearance of the Facility, (ii) reduce the present fair market value of the Premises by more than $10,000.00 in any one (1) instance or by more than $100,000.00 in the aggregate, (iii) require the demolition of existing improvements on the Premises which, taken together with the additions to be made by Tenant, result in a net reduction in the present fair market value by more than $10,000.00 in any one (1) instance or by more than $100,000.00 in the aggregate, or (iv) cost in excess of $10,000.00 (it being hereby agreed to that the various dollar amounts set forth above in this sentence shall each be increased by three percent (3%) for each Lease Year during the Term following the first Lease Year). The phrase material Tenant Improvements shall not include wallpaper or carpeting that needs to be replaced, or other cosmetic changes to the interior of the Premises. Tenant shall give Landlord prior written notice of any intended Tenant Improvements, whether or not Landlord’s consent is required for such work. Tenant may, but shall not be required to, request that Landlord agree in writing prior to the installation of a specific Tenant Improvement that Tenant may remove such Tenant Improvement at the expiration or earlier termination of this Lease. All Tenant Improvements, whether made by Landlord or Tenant in or upon the Premises shall, unless Landlord has consented to or requests their removal by Tenant, become Landlord’s property and Master shall remain upon the Premises at the termination of the Lease by lapse of time or otherwise, without compensation to Tenant. If, prior to the installation of any Tenant Improvements, Landlord agrees that such Tenant Improvements can remain or must be removed upon the expiration of the Term, Landlord’s decision shall be irrevocable unless the parties otherwise mutually agree in writing. If Landlord requires the removal of such items as provided above, Tenant shall at its sole cost and expense, remove such items prior to the termination of the Lease or Tenant’s right to possess the Premises, and repair any damage to the Premises caused by the installation of such items and/or by their removal, failing which Landlord may remove the same and repair the Premises and Tenant shall pay the cost thereof to Landlord upon demand. Notwithstanding anything contained herein to the contrary the following items of property may be removed from the Premises by Tenant if such removal may be done without material structural damage to the Facility: Tenant’s movable furniture and other personal property, and, to the extent not included in the Plans or installed as a replacement of items included in the Plans: Tenant’s trade fixtures and equipment. If Tenant does not remove such property by the earlier of (i) the date when Tenant vacates the Premises, and (ii) the terms and conditions expiration of the Term or sooner termination of this Sublease. Because Sublandlord currently has no Lease or Tenant’s right to construct possess the Premises, then Landlord may, at its option and at Tenant’s sole cost and expense, remove (and repair or install restore any tenant improvements damage to the Premises caused by such removal), store and warehouse such property at a location or Alterations, additions locations determined by Landlord in its sole discretion. Regardless or other improvements whether Landlord elects to take any of the actions specified in the Master Lease Premises prior immediately preceding sentence, within fifteen (15) days after the later to occur of the date of eviction, expiration or termination, as the case may be, at Landlord’s option, Tenant shall be conclusively presumed to have forever abandoned such property, in which event Landlord may, at its option, elect to: (A) at Tenant’s sole cost and expense, without accepting title to such property, remove (and repair or restore any damage to the Commencement Date Premises caused by such removal), destroy, discard or otherwise dispose of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, all or any part thereof (and/or in without incurring liability to Tenant or to any other part person; or (B) deem such abandonment as a conclusive presumption that Tenant has conveyed such proper to Landlord under this Lease as a xxxx of sale without payment or credit by Landlord and, in either such event, without releasing Tenant from any obligations pursuant to this Section 14. Tenant shall pay Landlord upon demand all of the Master Lease Premises)expenses incurred in taking any of the actions described in this grammatical paragraph, which obligation shall survive the expiration of the Term or sooner termination of this Lease. All Tenant Improvements shall (i) Subtenant be paid for by Tenant, (ii) comply with all applicable Guarantees, Legal Requirements and insurance requirements, (iii) be made in a good and workmanlike manner and incorporate only good grades of materials, (iv) be performed by reputable contractors reasonably acceptable to Landlord (as determined by Landlord on the basis of creditworthiness, skill, experience with regard to the scope of work required and reputation in the Atlanta community of contractors, all such factors in fair and reasonable relationship to the scope, size, and duration of the work required by Tenant) employed by Tenant under written contracts previously approved in writing by Landlord (which approval shall not be unreasonably withheld or delayed), and (v) be performed subject to any other conditions Landlord may reasonably cooperate impose including, without limitation, requiring Tenant to furnish Landlord with Sublandlord to allow Sublandlord to undertake, or cause security for the payment of all costs to be undertakenincurred in connection with such Tenant Improvements and insurance against liabilities which may arise out of such work, such alterations, additions or improvements as determined by Landlord. Notwithstanding the requirements in the Sublease Premises preceding sentence, the requirements specified in clauses (and/or in any other part of the Master Lease Premisesiv) and (iiv) above shall only apply to “material” Tenant Improvements hereunder. Tenant shall permit Landlord to supervise the construction of any Tenant Improvements. Tenant shall reimburse Landlord, as Additional Rent hereunder, for any fees, costs, charges and expenses incurred by Landlord to any third parties in connection with Landlord’s review of any such alterationsplans, additions specifications or improvements undertakendrawings related to “material” Tenant Improvements. In addition, or caused Landlord shall charge a supervising fee with respect to be undertaken, by Sublandlord in or “material” Tenant Improvements equal to the Sublease Premisesgreater of $500.00 or three percent (3%) of the total cost of such work including without limitation, all labor and material costs, if Tenant’s employees or contractors perform such work. Tenant shall pay to Landlord, within fifteen (15) days after being billed therefor from time to time, and/or to Tenant’s contractor as the case may be, when due, the cost of all such work and all applicable reimbursements and supervision fees, and if payment is made directly to Tenant’s contractor, upon completion of all such work, Tenant shall deliver to Landlord evidence of payment and full and final waivers of all liens for labor, services or materials. Tenant shall furnish to Landlord, prior to the commencement of any part Tenant Improvement, copies of all plans and specifications prepared at Tenant’s expense by architects and engineers acceptable to Landlord, and building permits and certificates of appropriate insurance and evidence of payment thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not requireif such permits or insurance are required; provided, however, that Sublandlord undertakeplans and specifications shall not be required with respect to “non-material” Tenant Improvements unless otherwise required by any applicable Legal Requirements. Tenant shall furnish to Landlord, promptly after completion of any “material” Tenant Improvement, as-built plans and specifications for such Tenant Improvement. Tenant shall indemnify, defend and hold all Landlord Related Parties harmless from all costs, damages, liens and expenses related to any Tenant Improvements performed by or cause to be undertakenunder the direction of Tenant, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements whether performed in or to the Sublease Premises, compliance with this Section 14 or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed other conditions imposed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for SublandlordLandlord; provided, however, such indemnity (and hold harmless obligation the covenant against liens provided in Section 16 hereof) shall not be applicable to any personal injuries apply in the event: (i) Landlord or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, its contractors perform the Tenant Improvements described in the Master Lease. Subtenant hereby agrees pursuant to this Section 14; (ii) Tenant timely pays Landlord all costs, expenses, fees and acknowledges that, reimbursements due to safety, security and other reasonable considerations arising hereunder in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlordsuch Tenant Improvements; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Tenant Related Parties do not cause Landlord has consented Related Parties to incur additional costs, damages, expenses or liabilities in connection with any such Tenant Improvement (any such additional costs, damages, expenses or liabilities caused by Tenant Related Parties being covered by Tenant’s indemnity and covenant against liens). For purposes of this SubleaseLease, the term “non-material” Tenant Improvements shall mean any Tenant Improvements that do not constitute “material” Tenant Improvements hereunder requiring Landlord’s prior written consent as provided herein. Landlord agrees that Tenant may make or cause to be made any “non-material” Tenant Improvements without first obtaining Landlord’s prior written consent, subject to the other terms and conditions of this Section 14.
Appears in 1 contract
Samples: Agreement (Cryolife Inc)
Alterations. (a) Subtenant acknowledges and agrees that Subtenant’s right to construct shall not make or install cause, suffer or permit the making of any Alterationsnon-structural alteration, additions addition, change, replacement, installation or improvements addition in or to the Sublease Subleased Premises shall be subject other than moving furniture and installing other furniture, furnishings and trade fixtures which are not affixed to (i) the Subleased Premises without obtaining the prior written consent of Sublandlord (which in each instance and, if required pursuant to the Xxxxxxxxx, the consent of the Overlandlord. Such consent by Sublandlord shall not be unreasonably withheld) and Master Landlord, and (ii) conditioned or delayed. Subtenant shall not make or cause, suffer or permit the terms and conditions making of this Sublease. Because Sublandlord currently has no right to construct any structural alteration, addition, change, replacement, installation or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements addition in or to the Sublease Subleased Premises at any time without the prior written consent of the Overlandlord and Sublandlord in each instance (which consent from Sublandlord shall be at its sole discretion). Provided Sublandlord shall have provided its consent to such alterations, Sublandlord shall use reasonable efforts to obtain the consent of the Overlandlord, if required, as determined by Sublandlord, at Subtenant's sole reasonable cost and expense. Any such alteration, change, replacement, installation or addition shall be made only in strict accordance with the terms, conditions and provisions of the Xxxxxxxxx and the following: (i) Sublandlord's review and reasonable approval of the plans and specifications therefor, (ii) Subtenant's compliance with the other provisions of this Section 19 and those provisions of the Xxxxxxxxx which are incorporated herein and applicable to such an alteration or which arc otherwise applicable to such alteration, (iii) such alterations being constructed consistent with the Building standard utilizing finishes and materials substantially similar to those existing in the Subleased Premises as of the date hereof, (iv) Sublandlord's approval of Subtenant's contractor, which approval will not be unreasonably withheld, it being agreed that the list of contractors attached hereto as Exhibit F is hereby approved by Sublandlord subject to the Commencement Date Sublandlord's right and privilege to rescind such approval for one or more of the Master Lease. contractors on such list in Sublandlord's reasonable discretion from time to time, provided that the Sublandlord will request shall not be entitled to rescind the approval of Master Landlord that Master Landlord consent to allow a contractor during a project once the Subtenant shall have selected such contractor for such project although after the Initial Alterations, it shall be the obligation of Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date inquire of Sublandlord whether approval of any of the Master Lease contractors on Exhibit F, or any contractors subsequently approved by Sublandlord, shall have been rescinded before Subtenant shall have selected a contractor for performing any alterations; Subtenant acknowledges that the approval by Sublandlord of any such contractor shall not (subject to Master Landlord and Sublandlord having a) be a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date quality of the Master Lease, Sublandlord desires work of such contractor either to construct date or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with work being undertaken by Subtenant or of the reliability of such contractor, (b) preclude Sublandlord from rejecting any work performed by them which does not conform with the requirements of this Agreement or (c) otherwise excuse the Subtenant from performing the Initial Alterations or any subsequent alterations in accordance with the standards and requirements contained in this Agreement; (v) the restriction that all alterations shall comply strictly with the limitations and rules and regulations imposed by virtue of the fact that the Building is entitled to historic preservation tax credits, and (vi) reimbursement to Sublandlord of its reasonable and actual out-of-pocket costs and expenses in the event the Sublandlord determines in its commercially reasonable judgment that Subtenant's plans and specifications for such alterations, additions alteration or improvements undertaken, or caused its applications for permits ought to be undertaken, reviewed by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representativesoutside professionals. In no event shall the performance Subtenant be entitled to tint the windows of the AlterationsSubleased Premises. Any such alteration, additions addition, change, replacement, installation or improvements by or on behalf addition shall, upon installation, become the property of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees Sublandlord and acknowledges that, due to safety, security and other reasonable considerations arising in connection shall be surrendered with the performance Subleased Premises upon the expiration or earlier termination of any alterationsthis Sublease, additions or improvements by or on behalf of Sublandlord, unless Sublandlord shall notify Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlordremove same; provided, however, provided that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted obligated to access and/or occupy remove alterations done to the Sublease Building standard utilizing finishes and materials substantially similar to those existing in the Subleased Premises unless and until (i) Subtenant has provided Sublandlord as of the certificates of insurance required by Section 4.4 date hereof, (ii) and with regard to those alterations which are not standard, Sublandlord must notify Subtenant has delivered to Sublandlord the monthly installment of Base Rent due as of the first month time of Sublandlord's consent whether the same must be removed at the end of the Sublease Term and or the security deposit referred to in Section 5.4 earlier termination of this Sublease Sublease; provided, further, that Subtenant shall have the right to remove its movable furniture, fixtures, furnishings and equipment (excluding, however, all furniture, fixtures, furnishings and equipment and other personal property delivered with possession upon the Commencement Date) upon the expiration or earlier termination of this Sublease. Sublandlord shall not charge to Subtenant a supervisory fee associated with Subtenant's current or future alterations. Notwithstanding the foregoing, no consent shall be required for decorative alterations in the nature of painting, wallcoverings or carpeting or for nonstructural alterations which (x) do not cost more than $5,000 in the aggregate during any six (6) month period and (iiiy) Master Landlord has consented to this Subleasedo not involve any electrical, mechanical, heating, ventilation, air conditioning, life safety or plumbing elements of the Subleased Premises or the Building.
Appears in 1 contract
Samples: Sublease (Dial Global, Inc. /De/)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premisespremises (including, or any part thereof (and/or without limitation, the roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld for interior, non-structural alterations. Tenant may, without the consent of Landlord, but at its own cost and expense and in any a good workmanlike manner erect such shelves, bins, machinery and other part trade fixtures as it may deem advisable, without altering the basic character of the Master Lease Premises)building or improvements and without overloading or damaging such building or improvements, (i) Subtenant shall reasonably cooperate and in each case after complying with Sublandlord to allow Sublandlord to undertakeall applicable governmental laws, or cause to be undertakenordinances, such regulations and other requirements. All alterations, additions 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 otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or improvements in the Sublease Premises (and/or in any other part upon earlier vacating of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not requirepremises; provided, however, that Sublandlord undertake, or cause to be undertaken, if at such time Landlord so elects such alterations, additions additions, improvements and partitions but not Tenant's trade fixtures, shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall pass to Landlord under this lease as by a xxxx of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements during evenings or on weekendswithin which the premises are situated. If Sublandlord undertakes, or causes Landlord shall consent to be undertaken, any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including, but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance) as Landlord shall require to protect Landlord against any loss from any mechanics', laborers' or to the Sublease Premisesmaterialmen's liens, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaseliens.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations(a) Tenant shall make not alterations, decorations, additions or improvements in or to the Sublease Premises without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord. Tenant agrees that there shall be subject no construction of partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. All such work shall be done at such time and in such manner as Landlord may from time to time designate. Tenant agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, directions and regulations of all governmental agencies, offices, departments, bureaus and boards having jurisdiction. Before commencing any work, Tenant shall give Landlord at least fifteen (i15) the prior days written consent of Sublandlord (which shall not be unreasonably withheld) the proposed commencement of such work and Master shall, if required by Landlord, secure at Tenant's own cost and expense, a completion and lien indemnify hold, satisfactory to Landlord, for said work Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, or material claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within ten (ii10) days after the terms filing thereof, at cost and conditions expense of this SubleaseTenant. Because Sublandlord currently has no right to construct or install any tenant improvements or AlterationsAll alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterationsdecorations, additions or improvements in or upon the Premises, made by wither party, including all wallcovering, built-in-cabinet work, paneling and the like, unless Landlord elects otherwise, become the property of Landlord and shall remain upon Landlord be surrendered with the Premises, except that Landlord may have written notice to the Sublease Premises Tenant, given at least thirty (30) days prior to the Commencement Date end of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not removerequire Tenant to remove all partitions, modify, alter or damage in any way such alterations, additions or improvements so constructed or counters railing and the like installed by or on behalf of Sublandlord. Sublandlord Tenant, and Tenant shall indemnify Subtenant against and hold Subtenant harmless from repair any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agentsPremises arising form such removal or, employeesat Landlord's opinion, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access pay to the entire Sublease Premises during the construction or installation Landlord all of certain alterations, additions or improvements by or on behalf Landlord's costs of Sublandlord; provided, however, that Sublandlord such removal and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaserepair.
Appears in 1 contract
Samples: Office Lease (Lucys Cafe Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premisespremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, or any part thereof (and/or without the consent of Landlord, but at its own cost and expense and in any other part a good workmanlike manner erect such shelves, bins, machinery, and trade fixtures as it may deem advisable, without altering the basic character of the Master Lease Premises)building or improvements and without overloading or damaging such building or improvements, (i) Subtenant shall reasonably cooperate and in each case complying with Sublandlord to allow Sublandlord to undertakeall applicable governmental laws, or cause to be undertakenordinances, such regulations and other requirements. All alterations, additions 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 otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant restore the premises to their original condition by the date of termination of this lease or improvements in the Sublease Premises (and/or in any other part upon earlier vacating of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlordpremises; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other if Landlord so elects prior to afford Subtenant access to and use termination of as much this lease or upon earlier vacating of the Sublease Premises as is reasonably practicable during the period of any Sublandlord premises, such alterations, additions additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or improvements. Anything herein upon earlier vacating of the premises and shall be delivered up to the contrary notwithstandingLandlord with the premises. All shelves, Subtenant bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall not be permitted to access and/or occupy removed by the Sublease Premises unless and until (i) Subtenant has provided Sublandlord date of termination of this lease or upon earlier vacating of the certificates of insurance premises if required by Section 4.4 hereof, (ii) Subtenant has delivered Landlord; upon any such removal Tenant shall restore the premises to Sublandlord their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the monthly installment of Base Rent due primary structure or structural qualities of the first month of buildings and other improvements situated on the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasepremises.
Appears in 1 contract
Samples: Lease Agreement (Tekgraf Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease PremisesPremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause not to be undertakenunreasonably withheld, such alterations, additions conditioned or improvements in delayed. In the Sublease Premises (and/or in any other part event Landlord consents to the making of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertakenby Tenant, or caused the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all reasonable requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord, such consent not to be undertakenunreasonably withheld, conditioned or delayed. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and 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 in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Sublandlord in Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this lease or to upon earlier vacating of the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use wear and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlordtear excepted; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other if Landlord so elects in writing prior to afford Subtenant access to and use termination of as much this lease or upon earlier vacating of the Sublease Premises as is reasonably practicable during the period of any Sublandlord Premises, such alterations, additions additions, improvements and partitions (but not Tenant's trade fixtures) shall become the property of Landlord as of the date of termination of this lease or improvements. Anything herein upon earlier vacating of the Premises and shall be delivered up to the contrary notwithstandingLandlord with the Premises Notwithstanding the foregoing sentence, Subtenant all shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall not be permitted to access and/or occupy removed by the Sublease date of termination of this lease or upon earlier vacating of the Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance if required by Section 4.4 hereofLandlord. Upon any such removal Tenant shall restore the Premises to their original condition, (ii) Subtenant has delivered normal wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to Sublandlord damage the monthly installment of Base Rent due primary structure or structural qualities of the first month of building and other improvements situated on the Sublease Term and the security deposit referred to in Premises. (See Additional Provisions, Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Sublease.8)
Appears in 1 contract
Samples: Lease Agreement (Homegrocer Com Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises Tenant shall be subject to (i) the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant have the right to construct or install any Alterations, additions or improvements in or make such alterations to ----------- the Sublease Premises prior to as may be necessary for the Commencement Date conduct of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or Tenant's business after completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements reasonably approved by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of SublandlordLandlord; provided, however, that Sublandlord and Subtenant Tenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much not make (a) any structural alterations, any nonstructural alterations that affect the integrity of the Sublease Building systems, or any nonstructural alterations a single component of which costs in excess of $100,000 (and for which Tenant has not agreed in writing to restore the Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstandingcondition immediately prior to such alteration at the expiration or earlier termination of this Lease) without the written consent of Landlord, Subtenant which consent Landlord may withhold in its sole discretion; of (b) any nonstructural alterations a single component of which costs in excess of $100,000 (and for which Tenant has agreed in writing to restore the Premises to the condition immediately prior to such alteration at the expiration or earlier termination of this lease) without the written consent of Landlord, which consent shall not be permitted unreasonably withheld or delayed. Tenant shall obtain all necessary building permits as are required for such alterations. Except as provided herein (;particularly with respect to access and/or occupy the Sublease Premises unless Tenant's machinery, trade fixtures, furnishings, equipment and until (isigns) Subtenant has provided Sublandlord the certificates of insurance required such alterations made by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due Tenant shall become part of the first month Premises and shall be returned to Landlord as part of the Sublease Term Premises upon termination. Tenant shall also have the right to install, attach, affix or otherwise place in or upon the Premises, any and all machinery, equipment for teleservicing, office or software development, trade fixtures, furnishings and exterior signs necessary or desirable for Tenant's proper use of the Premises. Notwithstanding anything to the contrary, Tenant will retain ownership and shall remove any and all of Tenant's machinery, equipment for teleservicing, office or software development, trade fixtures, furnishings and exterior signs (including without limitation telecommunications equipment, computers, office furniture, office equipment, disaster recovery backup equipment, cabling, wiring, signs, etc.) at any time including at the termination or expiration of this Lease, whether or not the same shall be deemed to be affixed to the Premises or the Building. After removal, Tenant shall, at its expense, restore the Premises to the same condition in which they were prior to the installation, attachment or placement of such machinery, trade fixtures, furnishings, equipment and exterior signs. Notwithstanding the foregoing, Tenant shall have no obligation to remove the Tenant Improvements or to restore the Premises to the condition existing prior to the completion of the Tenant Improvements. All work performed and all repairs made hereunder by Tenant shall be done in a good and workmanlike manner which shall be consistent with industry standards, using only first quality materials and labor and in compliance with all applicable buildings and zoning laws and with all other laws, ordinances, orders, rules, regulations, and requirements of all federal, state, and municipal governments and the security deposit referred to in Section 5.4 of this Sublease appropriate departments, commissions, boards and (iii) Master Landlord has consented to this Subleaseofficers thereof.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s Subject to the provisions of this Article VI, Tenant shall have no right to construct make changes, alterations or install any additions (collectively, “Alterations, additions or improvements in or ”) to the Sublease Premises Building which involve structural changes or which cost in the aggregate in excess of Four Hundred Thousand Dollars (US$400,000.00), which amount shall be subject adjusted annually in proportion to (i) increases in the CPI, in each case without prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master which Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable stepsnot unreasonably withhold, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, condition or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlorddelay; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In in no event shall any Alterations be made which, after completion, would: (i) reduce the performance value of the Building as it existed prior to the time that said Alterations are made; or (ii) adversely affect the structural integrity of the Building. Notwithstanding the foregoing, Tenant shall be permitted to implement the structural (hoods, vents) and nonstructural Alterations required to implement ongoing conversion to the grill program already instituted in many OLD COUNTRY BUFFET, HOMETOWN BUFFET or RYAN’S STEAKHOUSE restaurants provided such Alterations do not adversely affect the structural integrity of the Building. Any and all Alterations made by Tenant shall be at Tenant’s sole cost and expense. Prior to the commencement of construction, including Alterations which cost less than US$400,000.00, which amount shall be adjusted annually in proportion to increases in the CPI (but excluding non-structural Alterations costing less US$250,000.00 (which amount shall be adjusted annually in proportion to increases in the CPI) in the aggregate, minor maintenance or repair projects and cosmetic refresh projects involving only painting, carpeting, floor covering and installation of moveable replacement Restaurant Equipment (collectively, a “Minor Project”)), Tenant shall deliver promptly to Landlord detailed cost estimates for any such proposed Alterations, as well as all drawings, plans and other information regarding such Alterations (such estimates, drawings, plans and other information are collectively referred to herein as the “Alteration Information”). Landlord’s review and/or approval (if required) of any Alteration Information shall in no event constitute any representation or warranty of Landlord regarding (x) the compliance of any Alteration Information with any governmental or legal requirements, (y) the presence or absence of any defects in any Alteration Information, or (z) the safety or quality of any of the Alterations constructed in accordance with any plans or other Alteration Information. Landlord’s review LAND AND BUILDING LEASE (Individual Lease Form) and/or approval of any of the Alteration Information shall not preclude recovery by Landlord against Tenant based upon the Alterations, additions the Alteration Information, or improvements by or on behalf of Subtenant interfere any defects therein. In making any and all Alterations, Tenant also shall comply with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much all of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Sublease.following conditions:
Appears in 1 contract
Samples: Guaranty of Lease (Ryan's Restaurant Leasing Company, LLC)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to (a) Tenant shall not construct any improvements or install any Alterations, additions or improvements in otherwise alter, change or to improve the Sublease Premises shall be subject to (i) the without Landlord's prior written consent of Sublandlord (approval, and not until Landlord shall have first approved the plans and specifications therefor, which approvals shall not be unreasonably withheld) and Master Landlord. Upon review, and (ii) Landlord shall determine if any of the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterationsproposed improvements, additions or other improvements in the Master Lease Premises alterations will be required to be removed prior to the Commencement Date expiration or sooner termination of the Master LeaseLease Term and promptly notify Tenant of such determination. Landlord's approval of the plans, Sublandlord currently has specifications and working drawings for Tenant's alterations shall create no right responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All such approved alterations, or improvements shall be installed by Tenant at Tenant's expense using a licensed contractor first approved by Landlord in compliance with the approved plans and specifications therefor and in strict accordance with all laws. All such construction shall be done in a good and workmanlike manner using new materials of good quality. As a condition to grant Subtenant consenting to any leasehold improvement or alteration or change requested by Tenant, the cost of which may exceed Twenty-five Thousand Dollars ($25,000), Landlord shall have the right to construct or install any Alterations, additions or improvements require Tenant to post a completion bond in or an amount and in a form satisfactory to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representativesLandlord. In no event shall Tenant make any structural changes to the performance Premises or make any changes to the Premises which would weaken or impair the structural integrity of the Alterations, additions Building or improvements by or on behalf the roof membrane integrity of Subtenant interfere with or delay the commencement or completion Building. Tenant shall not commence construction of any alterations, additions additions, or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance all required by Section 4.4 hereofgovernmental approvals and permits shall have been obtained, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of all requirements regarding insurance imposed by this Sublease Lease have been satisfied, and (iii) Master Tenant shall have given Landlord has consented at least ten (10) days prior written notice of its intention to this Sublease.commence Such construction. All alterations, additions and improvements constructed by Tenant shall remain the property of Tenant during the Lease Term but shall not be damaged, altered, or removed from the Premises. At the expiration or sooner termination of the Lease Term, all
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Alterations. Subtenant acknowledges and agrees that Subtenant’s right Subsequent to construct the completion of any Landlord Tenant Improvement Work pursuant to Section 2, Tenant shall not attach any fixtures, equipment or install other items to the Premises, or paint or make any Alterationsother additions, additions changes, alterations, repairs or improvements in or (collectively hereinafter “alterations”) to the Sublease Premises shall be subject to (i) the Premises, Building or Property without Landlord’s prior written consent consent, which with respect to alterations to the Premises will not be unreasonably withheld so long as Tenant is not then, nor has been, in default of Sublandlord this Lease (beyond any applicable cure period). If Landlord consents to any alteration, Landlord may post notices of nonresponsibility in accordance with law. Any alterations so made shall remain on and be surrendered with the Premises upon expiration or earlier termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration or earlier termination hereof elect to require Tenant to remove any or all alterations at Tenant’s sole costs and expense. At the time Tenant submits plans for requested alterations to Landlord for Landlord’s approval (including any and all plans for initial improvements pursuant to Exhibit B), Tenant may request in writing that Landlord to identify which alterations Landlord may require Tenant to remove at the termination of or expiration of this Lease, and Landlord shall make such identification simultaneous with its approval (if any) of the alterations, and, in such event Tenant shall not be unreasonably withheld) required to remove any alterations not so identified. If Landlord elects to require removal of alterations, then at its own and Master Landlordsole cost and expense, and (ii) Tenant shall restore the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date condition designated by either Landlord in their election, before the last day of the Master Leaseterm or within thirty (30) days after notice of its election is given, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as whichever is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaselater.
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Samples: Office Lease (Visualant Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premisespremises (including but not limited to roof and wall penetration) without the prior written consent of Landlord. Tenant may, or any part thereof (and/or without the consent of Landlord, but at its own cost and expense and in any other part a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Master Lease Premises)building or improvements and without overloading or damaging such building or improvements, (i) Subtenant shall reasonably cooperate and in each case complying with Sublandlord to allow Sublandlord to undertakeall applicable governmental laws, or cause to be undertakenordinances, such regulations and other requirements. All alterations, additions 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 otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or improvements in the Sublease Premises (and/or in any other part upon earlier vacating of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlordpremises; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other if Landlord so elects prior to afford Subtenant access to and use termination of as much this lease or upon earlier vacating of the Sublease Premises as is reasonably practicable during the period of any Sublandlord premises, such alterations, additions additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or improvements. Anything herein upon earlier vacating of the premises and shall be delivered up to the contrary notwithstandingLandlord with the premises. All shelves, Subtenant bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall not be permitted to access and/or occupy removed by the Sublease Premises unless and until (i) Subtenant has provided Sublandlord date of termination of this lease or upon earlier vacating of the certificates of insurance premises if required by Section 4.4 hereof, (ii) Subtenant has delivered Landlord; upon any such removal Tenant shall restore the premises to Sublandlord their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the monthly installment of Base Rent due primary structure or structural qualities of the first month of buildings and other improvements situated on the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasepremises.
Appears in 1 contract
Samples: Lease Agreement (Glacier Corp)
Alterations. Subtenant acknowledges Unless otherwise specifically set forth herein and agrees that Subtenant’s right to construct or install except for any AlterationsLender approval required in connection with any Property Reserves Escrow Fund, additions or improvements in or to the Sublease Premises Borrower shall be subject to (i) the obtain Lender's prior written consent of Sublandlord (which consent shall not be unreasonably withheld, conditioned or delayed) and Master Landlordto (a) any Alterations to any Improvements on the Premises that could upon completion thereof, and reasonably be expected to have a Material Adverse Effect, (iib) any demolition, reduction or expansion of the terms and conditions gross leasable area of this Sublease. Because Sublandlord currently has no right to construct the Improvements, (c) any Alterations for which the cost will exceed the Threshold Amount, or install (d) any tenant improvements or Alterations, additions or other improvements Alterations other than those listed in the Master Lease Premises prior to following sentence. Notwithstanding the Commencement Date of the Master Leaseforegoing, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord Lender's consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to shall not be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) required in connection with any such alterationsAlterations which are (i) tenant improvement work performed pursuant to the terms of any Lease executed on or before the Closing Date, additions or improvements undertaken(ii) (a) tenant improvement work performed pursuant to the terms and provisions of a Lease entered into by Borrower in accordance with the terms of this Agreement, or caused (b) tenant improvement work which is commercially reasonable to be undertaken, by Sublandlord in or to facilitate re-letting of any portion of the Sublease Premises, either of which does not materially adversely affect (x) any structural component of any Improvements, (y) any mechanical, electrical, utility or heating, cooling or ventilation system contained in any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertakeImprovements, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to (z) the Sublease Premises, or any part thereof, during exterior (including the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insuranceroof) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterationsbuilding constituting a part of any Improvements, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising (iii) performed in connection with the performance restoration of any alterationsthe Premises after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Agreement, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access (iv) required under Legal Requirements. If the total unpaid amounts due and payable with respect to Alterations to the entire Sublease Improvements at the Premises during (other than amounts to be paid or reimbursed by tenants under the construction or installation Lease(s)) shall at any time exceed the Threshold Amount, Borrower shall promptly notify Lender and upon Lender's reasonable request shall deliver to Lender, as security for the payment of certain alterationssuch amounts and as additional security for Borrower's obligations under the Loan Documents, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much any of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until following: (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereofa cash deposit, (ii) Subtenant has delivered a letter of credit acceptable to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and Lender, (iii) Master Landlord has consented a completion bond from a bonding company reasonably acceptable to Lender, or (iv) a completion and/or payment guaranty from Guarantor, in form and substance reasonably acceptable to Lender; provided no additional security shall be required to the extent of escrows already deposited with Lender for tenant improvements or related deposits. All Alterations shall be completed on a timely basis subject to Force Majeure, in a good workmanlike manner and in accordance with all Legal Requirements. So long as no Event of Default then exists under the Loan Documents, Lender shall release said additional security from time to time upon receipt of acceptable written evidence of payment of actual costs for the Alterations together with those items as Lender reasonably deems necessary in its discretion. Funds held as additional security for Alterations that exceed the Threshold Amount shall be subject to the applicable terms of Article VI of this SubleaseAgreement.
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Alterations. Subtenant acknowledges (a) After the commencement of the Interim Term, Lessee may, at its expense, make additions to and agrees alterations of the Improvements and construct additional Improvements, provided that Subtenant’s right (i) the fair market value of the Premises shall not be lessened thereby, (ii) such work shall be expeditiously completed in a good and workmanlike manner and in compliance with all applicable Legal Requirements and the requirements of all insurance policies required to construct or install any Alterations, additions or improvements in or be maintained by Lessee hereunder and (iii) no Improvements shall be demolished and no structural alterations shall be made to the Sublease Premises Improvements which, after the Bond Date, shall be deemed to mean only that the Building shall not be demolished unless Lessee shall have first furnished Lessor with such surety bonds or other security acceptable to Lessor as shall be necessary to assure rebuilding of such Improvements (which, after the Bond Date, shall be deemed to mean only the Building) and unless Lessor’s prior consent shall have been obtained, which consent shall not be unreasonably withheld or delayed. All such additions and alterations shall be and remain part of the realty and the property of Lessor and shall be subject to (i) this Lease. Lessee may place upon the prior written consent of Sublandlord (which shall not be unreasonably withheld) Premises any inventory, trade fixtures, removable tenant improvements, machinery or equipment belonging to Lessee or third parties and Master Landlord, and (ii) may remove the terms and conditions same at any time during the term of this SubleaseLease. Because Sublandlord currently has no right to construct or install Lessee shall repair any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior damage to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Leasecaused by such removal. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord Lessor covenants and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it (1) will take reasonable steps, to minimize interference with Subtenant’s use not give any consent or approval under the Easement and occupancy Atrium Agreement of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against even date herewith between Lessor and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease United States Steel Corporation and (iii2) Master Landlord has consented to this Subleasewill not amend, modify or terminate said Easement and Atrium Agreement without in either case first obtaining the prior approval of Lessee.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that SubtenantExcepting Tenant’s right to construct or install any AlterationsUpfit, additions Tenant shall make no alterations, additions, or improvements in or to the Sublease Premises shall be subject to (i) without the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions any such request by Tenant of this Sublease. Because Sublandlord currently has no right Landlord to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with make any such alterations, additions or improvements undertaken, or caused to shall in each case be undertaken, accompanied by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use plans and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, specifications for such alterations, additions and improvements all in such detail as Landlord may reasonably required. Any alteration, addition or improvements during evenings improvement to the Premises which results in any damage to the Premises or on weekends. If Sublandlord undertakesthe alteration, addition or improvement to the Premises which results in any damage to the Premises or the Building including, but not limited to the floor, ceiling or outside walls shall be repaired by the Tenant at the termination of the Lease, or causes to be undertakenif sooner, any upon the request by the Landlord. All alterations, additions or and improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, all partitions, walls, railings, carpeting, and floor coverings) made by, for or at the Tenant Improvements described in direction of the Master Tenant, shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this Lease. Subtenant hereby agrees All contractors and acknowledges thatsubcontractors employed by Tenant for any such work shall be subject to Landlord’s prior approval. Tenant shall comply with all applicable laws and obtain all licenses and permits required by any applicable authority before commencing construction. Any alarm or sprinkler system installed by Tenant must be compatible with any such system maintained by Landlord for the Building, due to safety, security Tenant and other reasonable considerations arising in connection all contractors and subcontractors employed or engaged by Tenant shall comply with the performance Contractor Upfit and Insurance Procedures and Requirements prepared by Landlord for the Building, a copy of any which will be provided to Tenant upon request All alterations, additions or and improvements made by or on behalf of Sublandlord, Subtenant may not have access Tenant to the entire Sublease Premises during Premises, including without limitation, the construction or installation of certain initial alterations, additions and improvements made to the Premises, shall remain in the Premises and shall not be removed therefore at any time. Upon the expiration or improvements any earlier termination of this Lease, Tenant shall promptly reimburse Landlord for any expense or cost incurred by Landlord in restoring the Premises to the condition in which the Premises were at the time Tenant shall have occupied the same, except for Tenant’s Upfit and for ordinary wear and tear, fire or on behalf of Sublandlord; provided, however, that Sublandlord other casualty and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein and improvements to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred consented to in Section 5.4 of this Sublease writing by Landlord unless Landlord is entitled to and (iii) Master Landlord has consented notifies Tenant to this Subleaseremove the same.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right Tenant shall in no event make or permit to construct be made any alteration, modification, substitution or install other change of any Alterations, additions or improvements in or nature to the Sublease mechanical, electrical, plumbing, HVAC , and sprinkler systems within or serving the Premises. After completion of Tenant's Improvements within the Premises, Tenant shall not make or permit any other improvements, alterations, fixed decorations, substitutions or modifications, structural or otherwise, to the Premises shall be subject to or the Building (i"Alterations") without the prior written approval of Landlord, which approval shall not unreasonably be withheld, conditioned or delayed. Landlord's approval shall include the conditions under which acceptable Alterations may be made. Alterations shall include, but not be limited to, the installation or modification of carpeting, walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window and wall coverings; but shall not include the initial Tenant's Improvements placed within the Premises pursuant to subsection 5.1. All Alterations shall be based on complete plans and specifications prepared and submitted by Tenant to Landlord for approval, except in the instance of cosmetic changes, such as painting and carpeting, in which case Tenant shall provide Landlord with samples showing colors, styles, etc. Tenant may itself, or by engaging qualified contractors, make cosmetic changes, non-structural information-technology-related installations, and non-structural Alterations costing less than $25,000. All other Alterations shall be made by Landlord, after competitive bidding and selection of a contractor reasonably approved by Tenant, at Tenant's sole cost, payable by Tenant, as Additional Rent, within thirty (30) days after receipt of an invoice for same from Landlord, which cost shall include Landlord's standard construction management fee, not to exceed three percent (3%) of construction costs. Tenant shall be responsible for the cost of any additional improvements within the Premises or the Common Area required by The Americans with Disabilities Act of 1990 as a result of Tenant's Alterations. If Tenant makes any Alterations without the prior consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, then, in addition to Landlord's other remedies, Landlord may correct or remove such Alterations and (ii) Tenant shall pay the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part cost thereof, Sublandlord agrees that it will take reasonable stepsas Additional Rent, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasedemand.
Appears in 1 contract
Samples: Office Lease (Gp Strategies Corp)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right Tenant shall not make or allow to construct or install be made any Alterationsalterations, additions additions, or improvements in or to the Sublease Premises shall be subject to (i) Premises, either at the inception of this Lease or subsequently during the Term, without obtaining the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord. With respect to any alterations, additions, or improvements approved by Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or AlterationsTenant shall, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Leaseat Landlord’s election, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve remove such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvement at Tenant’s expense prior to expiration of the Term or earlier termination of this Lease and repair any damage caused by said removal. All alterations, additions and improvements in shall remain the property of Tenant until termination of this Lease, at which time they shall be and become the property of Landlord if Landlord so elects; provided, however, that Landlord may, at Xxxxxxxx’s option, upon written notice to Tenant on or before thirty (30) days prior to termination of this Lease, require that Tenant, at Tenant’s expense, immediately remove any or all alterations, additions, and improvements made by Tenant and restore the Premises to their condition existing prior to the Sublease Premisesconstruction of any such alterations, additions or any part thereof (and/or in any other part of the Master Lease Premises)improvements, (i) Subtenant shall reasonably cooperate with Sublandlord If Tenant fails to allow Sublandlord to undertake, or cause to be undertaken, timely remove such alterations, additions or improvements or Tenant’s trade fixtures, equipment or furniture, Landlord may keep and use them or remove any of them and, in the Sublease Premises (and/or case of trade fixtures, equipment or furniture, cause them to be stored or sold in any other part accordance with applicable law, all at Tenant’s sole cost and expense. The terms of the Master Lease Premises) preceding two sentences shall survive the termination of this Lease. Tenant shall deliver to Landlord full and (ii) in connection with any complete plans and specifications of all such alterations, additions or improvements undertakenimprovements, and no such work shall be commenced by Tenant until Landlord has given its written approval thereof and Tenant has acquired all applicable permits therefor required by governmental authorities. Landlord does not expressly or caused implicitly covenant or warrant that any plans or specifications submitted by Tenant and reviewed or approved by Landlord are safe or that the same comply with any Regulations. Further, Tenant shall indemnify, defend (by counsel reasonably acceptable to be undertakenLandlord) and hold Landlord harmless from any loss, cost or expense, including attorneys’ fees and costs, incurred by Sublandlord Landlord as a result of any defects in design, materials or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenantworkmanship resulting from Xxxxxx’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekendsto the Premises. If Sublandlord undertakesAll repairs, or causes to be undertaken, any alterations, additions additions, and restoration by Tenant hereinafter required or improvements permitted shall be done in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage a good and workmanlike manner and in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against compliance with all Regulations and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance requirements of the Alterations, additions insurers of the Property. Tenant shall reimburse Landlord for Landlord’s reasonable charges and expenses for reviewing and approving or improvements disapproving plans and specifications and any other documents for any alterations proposed by or on behalf Xxxxxx. Tenant shall require that any contractors used by Tenant be licensed and carry a commercial general liability insurance policy in such amounts as Landlord may reasonably require. Landlord may require proof of Subtenant interfere with or delay the such insurance prior to commencement or completion of any alterations, additions or improvements by or work on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleasePremises.
Appears in 1 contract
Samples: Energy Recovery, Inc.
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct (a) Tenant shall not make or install allow any Alterationsalterations, additions additions, or improvements in or to the Sublease Premises shall be subject to or any part of the Premises (i) the collectively, "Alterations"), without Landlord's prior written consent of Sublandlord (consent, which shall not be unreasonably withheld) and Master Landlord. Consent, however, may be conditioned upon the receipt by, and approval of, Landlord of a set of plans and specifications for the alterations no later than thirty (ii30) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises days prior to the Commencement Date scheduled construction of the Master Alterations together with such additional information regarding the proposed Alterations as Landlord may reasonably request (collectively the "Alteration Support"). Landlord agrees to approve or disapprove of such proposed Alterations within ten (10) business days following the receipt the Alteration Support. The installation of furnishings, fixtures, equipment, interior partitions, non-load bearing walls or decorative improvements (other than the recarpeting of the Premises, which shall be deemed an Alteration for which Landlord's consent must be obtained), none of which shall affect operating systems or the structure of the Premises, and the repainting of the Premises, shall not constitute "Alterations." Except as otherwise provided in Section 16 hereof, all Alterations and any furnishings, fixtures, equipment, interior partitions, non-load bearing walls or decorative improvements remaining on the Premises after the termination or earlier expiration of this Lease shall immediately become Landlord's property and, at the termination or earlier expiration of this Lease, Sublandlord currently has no right shall remain on the Premises without compensation to grant Subtenant Tenant, unless Landlord elects by notice to Tenant to have. Tenant remove same and restore the right to construct or install any Alterations, additions or improvements in or Premises to the Sublease Premises condition of as of the date of this Lease in which event Tenant shall cause such removal and/or restoration to be done at Tenant's sole cost and expense. Landlord agrees that contemporaneous with its consent to the making of any Alterations and subject to Tenant's express written request therefore it shall notify Tenant as to which of the Alterations Landlord may require to be removed prior to the Commencement Date termination or earlier expiration of the Master this Lease. Sublandlord will request of Master If Landlord that Master Landlord consent fails to allow Subtenant to construct or install Alterations notify Tenant in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees writing that it will take reasonable stepsmay require the removal of Alterations as to which Tenant has requested such notification, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant then Landlord shall not be permitted to access require the removal of such Alterations upon the expiration or earlier termination of this Lease. In the event that Landlord requires Tenant to remove any Alterations and any furnishings, fixtures, equipment, interior partitions, non-load bearing walls or decorative improvements and Tenant fails to cause such removal and/or occupy restoration on or prior to the Sublease Premises unless termination or other earlier expiration of this Lease, such failure shall be deemed a holdover under Section 1 3(b) of this Lease, and until in addition to any other damages owing Landlord under this Section, Tenant shall owe Holdover Rent (ias hereinafter defined) Subtenant has provided Sublandlord the certificates for each month or portion thereof of insurance required by Section 4.4 hereofsuch failure. All improvements, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term additions, alterations, and repairs and the security deposit referred removal and restoration thereof, if required under this Lease, shall be performed in accordance with all applicable laws and at Tenant's sole expense. Tenant will indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease. Landlord agrees, when requested by Tenant, to in Section 5.4 of execute and deliver any applications, consents, or other instruments reasonably required to permit Tenant to do this Sublease and (iii) Master Landlord has consented work or to this Subleaseobtain permits for the work.
Appears in 1 contract
Samples: Industrial Lease (Sandisk Corp)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to Except for the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements that were to be done by Tenant as part of Tenant’s initial occupancy under the Initial Lease, as specified in Exhibit B attached hereto and made a part hereof (the “Initial Improvements”), Tenant shall not make any alterations, improvements or additions to the Premises without the prior written approval of Landlord (which approval shall not be unreasonably withheld or delayed) except that Tenant may, after giving Landlord thirty (30) days’ prior written notice thereof (which notice shall contain a detailed written description and drawing of any contemplated alterations or improvements), make alterations, improvements and/or additions to the Premises that (a) total less than $10,000.00 in the aggregate in any given year, except in the case of emergency repairs, and (b) involve interior non-structural work to the Premises. Any alteration, addition, or improvement in, on, or to the Sublease Premises including carpeting, but excepting the “Accelerator” described in Exhibit B and movable furniture, equipment and other personal property of Tenant removable without material damage to the property or the Premises, or any part thereof (and/or in any other shall be and remain the property of Tenant during the Term but shall, unless Landlord elects otherwise, become a part of the Master realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term and title shall pass to Landlord under this Lease Premises)as by a bxxx of sale, (i) Subtenant shall reasonably cooperate with Sublandlord which Tenant hereby agrees to allow Sublandlord execute and deliver to, and for the benefit of, Landlord on the last day of the Term in a form acceptable to undertakeLandlord in its sole discretion. The Accelerator shall, at all times, be the property of Tenant. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. In the event Landlord consents to the making of any such alteration, addition, or cause improvement by Tenant, the same shall be made using a contractor reasonably acceptable to be undertaken, such Landlord at Tenant's sole cost and expense. All alterations, additions or improvements proposed by Tenant shall be constructed in the Sublease Premises (and/or in any other part accordance with all government laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, including, but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the Master Lease Premises) costs thereof and (ii) to protect Landlord against any loss from any mechanics’, materialmen’s or other liens. Tenant shall pay in connection addition to any sums due pursuant to Sections 4 and 5 above any increase in real estate taxes attributable to any such alteration, addition, or improvement for so long, during the Term, as such increase is ascertainable. Upon the expiration or sooner termination of the Term as herein provided, Tenant shall, upon demand by Landlord, at Tenant’s sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or improvements undertaken, or caused which are designated by Landlord to be undertakenremoved, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair and restore the Premises to their original condition, reasonable wear and tear and loss by Sublandlord casualty covered by Section 24 excepted. In the event that Tenant fails to remove any alterations, additions, and/or improvements as herein described, Tenant shall reimburse Landlord for Landlord’s costs in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, removing such alterations, additions or and/or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way within thirty (30) days of Tenant's receipt of notice of such alterations, additions or improvements so constructed or installed costs incurred by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleaseLandlord.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct shall not make or install cause or permit the making of, any Alterationsalteration, additions addition, change, replacement, installation or improvements addition in or to the Sublease Subleased Premises shall be subject to (i) without obtaining the prior written consent of Sublandlord (which shall not be unreasonably withheldwithheld or delayed) and Master LandlordPrime Landlord thereto in each instance. Any permitted changes shall be made only in compliance with the Prime Lease. If, upon the expiration or earlier termination of this Sublease, Subtenant and Prime Landlord have not executed and delivered the Direct Lease, Subtenant shall surrender the Subleased Premises in the condition existing as of the Sublease Commencement Date, reasonable wear and tear, acts of God, casualty and condemnation excepted, and otherwise in accordance with the provisions of Section 8(c) of the Prime Lease. In the event that Subtenant and Prime Landlord have not executed and delivered the Prime Lease and Subtenant fails to restore the Subleased Premises as required by the immediately preceding sentence, Sublandlord, upon three (ii3) days’ written notice to Subtenant, may perform such restoration and all costs incurred by Sublandlord shall be reimbursed to Sublandlord by Subtenant, as additional rent, not later than twenty (20) days after receipt of Sublandlord’s written demand therefor. The provisions of this Paragraph shall survive the terms and conditions Sublease Expiration Date or earlier termination of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in Unless Subtenant and Prime Landlord have executed and delivered the Master Lease Premises prior to the Commencement Date of the Master Direct Lease, Sublandlord currently has in no right event shall Subtenant be obligated to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, remove any alterations, additions or improvements installed in the Subleased Premises by Sublandlord or any predecessor-in-interest prior to the Sublease Premises, or any part thereof (and/or in any other part earlier of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, Delivery Date or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleaseCommencement Date.
Appears in 1 contract
Samples: Sublease (Linkedin Corp)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but as its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and 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 in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. 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 otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions that are not trade fixtures erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other if Landlord so elects prior to afford Subtenant access to and use termination of as much this Lease or upon earlier vacating of the Sublease Premises as is reasonably practicable during the period of any Sublandlord Premises, such alterations, additions additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or improvements. Anything herein upon earlier vacating of the Premises and shall be delivered up to the contrary notwithstandingLandlord with the Premises. All shelves, Subtenant bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall not be permitted to access and/or occupy removed by the Sublease date of termination of this Lease or upon earlier vacating of the Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance if required by Section 4.4 hereof, (ii) Subtenant has delivered Landlord; upon any such removal Tenant shall restore the Premises to Sublandlord their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the monthly installment of Base Rent due primary structure or structural qualities of the first month of buildings and other improvements situated on the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleasePremises.
Appears in 1 contract
Samples: Lease Agreement (Amazon Com Inc)
Alterations. Subtenant acknowledges A. Landlord agrees to install at Landlord’s cost and agrees that Subtenantexpense the improvements described in Exhibit C. All other improvements to the Premises (“Alterations”) shall be installed at the cost and expense of Tenant, but only in accordance with plans and specifications which have been previously submitted to and reasonably approved in writing by Landlord, and only by Landlord or by contractors and subcontractors on Landlord’s right to construct or install list of approved contractors. In connection with any request for an approval of Alterations, additions or improvements in or to Landlord may retain the Sublease Premises services of an architect and/or engineer and Tenant shall reimburse Landlord for the reasonable fees of such architect and/or engineer. All Alterations shall be subject constructed in accordance with all governmental laws, ordinances, rules and regulations (“Laws”) and Tenant shall, prior to (i) construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the prior written consent costs thereof and to protect Landlord against any loss from any mechanics’, laborers’, materialmen’s or other liens. At the time of Sublandlord completion of each Alteration, Tenant shall deliver to Landlord a set of final “as-built” plans. All Alterations shall be and remain the property of Tenant during the Term and Tenant shall, unless Landlord otherwise elects, remove all Alterations and restore the Premises to its original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that, if at such time Landlord so elects, such Alterations shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and title shall pass to Landlord under this Lease as by a xxxx of sale. All such removals and restoration shall be accomplished in a good workmanlike manner by contractors approved in writing by Landlord (which approval shall not be unreasonably withheld) and Master Landlord, and (ii) so as not to damage the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleaseBuilding.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premises, or any part thereof premises (and/or in any other part including but not limited to roof and wall penetrations) without the prior written consent of Landlord. In the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord event Landlord consents to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part making of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertakenby Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord, or, at Landlord's sole option and discretion, the alterations, additions, or caused to improvements shall be undertakenmade by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof within (20) days after written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). Tenant may, by Sublandlord without the consent of Landlord, but at its own cost and expense and in or to a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy basic character of the Sublease Premisesbuilding or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such All alterations, additions or additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during evenings or on weekends. If Sublandlord undertakesthe term of this lease and Tenant shall, or causes to be undertakenunless Landlord otherwise elects as hereinafter provided, any remove all alterations, additions or additions, improvements in or and partitions erected by Tenant and restore the premises to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused their original condition by the negligence date of termination of this lease or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance upon earlier vacating of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlordpremises; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other if Landlord so elects prior to afford Subtenant access to and use termination of as much this lease or upon earlier vacating of the Sublease Premises as is reasonably practicable during the period of any Sublandlord premises, such alterations, additions additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or improvements. Anything herein upon earlier vacating of the premises and shall be delivered up to the contrary notwithstandingLandlord with the premises. All shelves, Subtenant binds, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall not be permitted to access and/or occupy removed by the Sublease Premises unless and until (i) Subtenant has provided Sublandlord date of termination of this lease or upon earlier vacating of the certificates of insurance premises if required by Section 4.4 hereof, (ii) Subtenant has delivered Landlord; upon any such removal Tenant shall restore the premises to Sublandlord their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the monthly installment of Base Rent due primary structure or structural qualities of the first month of building and other improvements situated on the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasepremises.
Appears in 1 contract
Samples: Lease Agreement (Tekgraf Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements 3. Tenant shall make no changes in or to the Sublease Premises shall be subject demised premises of any nature without Landlord's prior written consent. Subject to (i) the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, and to the provisions of this article, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first approved in each instance by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises any time, either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises. Nothing in this Article shall be construed to give Landlord title to or prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal or any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be 2 The Commencement Date shall be the earlier to occur of (i) March 31, 2008, the scheduled expiration of a lease by and between Landlord and Digital Convergence Corporation, as Tenant, for the Demised Premises (hereinafter the "Digital Lease"), or (ii) in the event of the early termination of the Digital Lease, ten (10) business days following Landlord's written notice that the Digital Lease has terminated. Notwithstanding the foregoing sentence, the commencement of this Lease shall be subject to all the terms and conditions of this Subleasethat certain Guaranty and Compensation Agreement of even date herewith by and between Landlord, as Lessor and Tenant, as Guarantor. Because Sublandlord currently has no right to construct 3 retained as Landlord's property or install any tenant improvements or Alterationsremoved from the premises by Landlord, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Leaseat Tenant's expense. Tenant shall, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, before making any alterations, additions additions, installations or improvements in improvements, at its expense, obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord an Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workxxx'x xxxpensation, general liability, personal and property damage insurance as Landlord may require. If any mechanic's lien is filed against the Sublease Premisesdemised premises, or any the building of which the same forms a part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord for work claimed to allow Sublandlord to undertakehave been done for, or cause materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be undertakendischarged by Tenant within ten days thereafter, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertakenat Tenant's expense, by Sublandlord in payment or to filing the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance bond required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaselaw.
Appears in 1 contract
Samples: Health Management Systems Inc
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any AlterationsTenant shall make no alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) without the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, and Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole discretion may deem reasonable or desirable, including, without limiting the generality of the foregoing, requirements as to the manner in which, the time or times at which, and the contractor by whom such work shall be done and requirements that Tenant provide Landlord with labor, material, payment and performance bonds (iicollectively the “bonds”) naming Landlord (and such other persons as Landlord may reasonably request) as insureds under such bonds. Landlord shall have the terms same rights of review and conditions of this Sublease. Because Sublandlord currently has no right approval with respect to construct or install any permitted alterations, additions, and improvements to the Premises as described for tenant improvements or Alterationsin Article 8. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, additions or other improvements rules, orders, ordinances, directions, regulations, and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in the Master Lease Premises prior to the Commencement Date full compliance with rules, orders, directions, regulations and requirements of the Master LeasePacific Fire Rating Bureau or any other organization performing a similar function. Before commencing any work, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date Tenant shall give Landlord at least five (5) days’ notice of the Master Leaseproposed commencement date of such work and shall, if required by Landlord, secure at Tenant’s own cost and expense, the bonds, in a form reasonably satisfactory to Landlord, for said work naming Landlord (and such other persons as Landlord may reasonably request) as insureds under the bonds. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, All such alterations, additions or improvements in shall become the Sublease Premises (and/or in any other part property of Landlord and shall be surrendered with the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any as a part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy at the end of the Sublease Premises. Such reasonable steps shall not requireterm hereof, howeverexcept that Landlord may, that Sublandlord undertake, or cause by notice to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or Tenant given at least thirty (30) days prior to the Sublease Premisesend of the term, or any part thereofrequire Tenant to remove all partitions, during counters, railings and the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or like installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against Tenant and hold Subtenant harmless from to repair any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by Premises from such removal. Tenant shall make no alteration, addition or improvement to the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall Premises that can be seen from the performance exterior of the Alterations, additions Building or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of from any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much common area of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterationsBuilding, additions or improvements. Anything herein to the contrary notwithstandingincluding without limitation window treatments, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless curtains, and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaseblinds.
Appears in 1 contract
Alterations. Subtenant Lessee acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or certain improvements in or to the Sublease Premises are to be completed by Lessor, in compliance with the specifications set forth in Exhibit "B" attached hereto ("Lessor's Improvements"). 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 option, in its sole discretion, of either: (1) occupying the Premises, allowing the Lease to commence, and having payments of Rent and Additional Rent abated until such time as Lessor's Improvements are substantially complete; or (2) not occupying the Premises, and having the term of the Lease not commence until Lessor's Improvements are substantially complete. Lessor's Improvements and any and all additions, alterations and improvements made by the Lessee ("Lessee's Improvements"), shall be subject done in a good and workmanlike manner. Prior to (i) the prior commencement of construction of Lessee's Improvements, Lessee shall furnish to Lessor the plans and specifications of the construction work to be undertaken, shall furnish information as to the equipment to be installed, and shall obtain Lessor's written consent approval of Sublandlord (said plans and specifications, which approval shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises Lessor shall obtain all necessary permits required by governmental authorities having jurisdiction prior to the Commencement Date commencement of construction of Lessee's Improvements. Lessee's Improvements shall become the property of the Master Lease, Sublandlord currently has no right to grant Subtenant Lessor and shall remain upon and be surrendered with the right to construct Premises at the expiration or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date earlier termination of the Master this Lease. Sublandlord will request of Master Landlord that Master Landlord consent It is not intended to allow Subtenant to construct or install Alterations include in the Sublease Premises prior to expression "additions, alterations and improvements," any mechanical equipment and trade fixtures installed by the Commencement Date Lessee, all of which shall may be removed by Lessee on the Master termination of this Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), if (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements Lessee is not in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereofdefault hereunder, (ii) Subtenant has delivered to Sublandlord such removal does not damage the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease Premises, and (iii) Master Landlord has consented any 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 SubleaseLease, or within fifteen (15) days thereafter, the Lessee shall promptly remove all fixtures or mechanical equipment which were placed in the Premises by Lessee and which are designated in said notice. Lessee shall repair any physical damage occasioned by such removal, and in default, thereof, Lessor may effect said removals and repairs at Lessee's expense. Lessee may bring such equipment, furniture, trade fixtures or other personal property into the Premises as may be necessary for its business; PROVIDED, HOWEVER, that Lessee shall first notify Lessor of the type and nature of such personal property to be brought onto the Premises. Should such personal property be of an unusual size, type, or weight, so as to adversely affect the Complex, then Lessor reserves the right to restrict the use of same in the Premises. Lessee will not file, nor will it permit or suffer any contractor or subcontractor, materialman or mechanic or other person under it to 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 it is a part. Unless Lessor otherwise agrees, in writing, prior to the commencement of any work on the Premises, Lessee shall file in the office of the 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 Complex were at such time in satisfactory condition, except for Lessor's Improvements, latent defects, order and repair.
Appears in 1 contract
Samples: Lease Agreement (Tollgrade Communications Inc \Pa\)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to 7. Except for (i) the prior written consent of Sublandlord (improvements, alterations and additions described in Exhibit B attached hereto, which shall not may be unreasonably withheld) made by Lessee at its expense and Master Landlord, which Lessor hereby approves and authorizes Lessee to make at its convenience without the need for any further approvals by Lessor and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant alterations, improvements or Alterationsadditions Lessee may desire to make from time to time during the Term, additions which are of a decorative or other improvements in cosmetic nature or which do not materially affect the Master Lease Premises prior to structure or the Commencement Date systems of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Leasebuilding. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, Lessee shall not make any alterations, additions or improvements in or to the Sublease PremisesPremises (including but not limited to roof and wall penetrations) without the prior written consent of Lessor, or any part thereof (and/or in any other part of the Master Lease Premises)such consent will not be unreasonably withheld. All alterations, additions, improvements, and partitions erected by Lessee, except those permitted under (i) Subtenant or (ii) above, shall reasonably cooperate with Sublandlord be and remain the property of Lessee during the term of this lease, and Lessee shall, unless Lessor otherwise elects by written notice to allow Sublandlord Lessee to undertake, have Lessee leave any or cause to be undertaken, all of such alterations, additions or improvements in improvement as hereinafter provided, remove all alterations, additions, improvements, and partitions erected by Lessee and restore the Sublease Premises (and/or in any other part to their original condition by the date of termination of this lease or upon earlier vacating of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, Lessor may impose such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere conditions with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlordrespect thereto as Lessor deems reasonably appropriate, including, without limitation, requiring Lessee to furnish Lessor with security for the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due payment of all costs to safety, security and other reasonable considerations arising be incurred in connection with the performance such work and insurance against liabilities which may arise out of such work. The work necessary to make any alterations, improvements or additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction premises shall be done at Lessee’s expense by employees of or installation of certain reputable contractors hired by Lessee and approved by Lessor which approval will not be unreasonably withheld or delayed. Lessor agrees that it will not unreasonably withhold consent to permit Lessee to make said alterations, additions improvements or improvements by additions. Lessee shall promptly pay to Lessor or on behalf to Lessee’s contractors, as the case may be, when due, the cost of Sublandlord; provided, however, that Sublandlord all such work and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance all decorating required by Section 4.4 hereofreason thereof, (ii) Subtenant has delivered and upon completion deliver to Sublandlord the monthly installment Lessor, if payment is made directly to contractors, evidence of Base Rent due payment, contractors’ statements and affidavits and full and final waivers of the first month of the Sublease Term all liens for labor, services or materials, and the security deposit referred to in Section 5.4 of this Sublease Lessee shall protect, defend, indemnify and (iii) Master Landlord has consented hold Lessor harmless from all costs, damages, liens and expenses related thereto. All work done by Lessee or its contractors pursuant to this Subleaseparagraph 7 or pursuant to paragraph 5 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.
Appears in 1 contract
Samples: Rubicon Technology, Inc.
Alterations. (a) Subtenant acknowledges and agrees that Subtenant’s right to construct shall not make any alteration, improvement, decoration, or install any installation (collectively, “Alterations, additions or improvements ”) in or to the Sublease Premises shall be subject to (i) Subleased Premises, without in each instance obtaining the prior written consent of Overlandlord and Sublandlord (which shall not consent of Sublandlord may be unreasonably withheld) withheld or conditioned on the conditions applicable to Overlandlord’s approval of Alterations under the Xxxxxxxxx). If any Alterations are made by Subtenant without complying with the terms of the Xxxxxxxxx and Master Landlordthis Sublease, or without obtaining the prior written consent of Overlandlord and Sublandlord, Overlandlord or Sublandlord may remove same, and (ii) may repair and restore the terms Subleased Premises and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterationsdamage arising from such removal, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from liable for any and all Claims of personal injury costs and expenses incurred by Overlandlord or property damage (to the extent not covered by insurance) arising from, any construction work performed Sublandlord in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, performance of such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representativeswork. In no event shall the performance of the Alterations, additions Subtenant make any Alterations in or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Subleased Premises during if to do so would constitute a default under the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvementsXxxxxxxxx. Anything Notwithstanding anything contained herein to the contrary notwithstandingcontrary, Subtenant Alterations shall not include Subleased Premises Work and Subleased Premises Work shall not have to be permitted to access and/or occupy removed by Subtenant at the Sublease Premises expiration or earlier termination of this Sublease, unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due terms of the first month Xxxxxxxxx or Overlandlord’s consent to such Subleased Premises Work require (or permit Overlandlord to require), upon the expiration or earlier termination of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to Xxxxxxxxx or this Sublease, removal of such Subleased Premises Work.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any AlterationsExcept for the work provided for in Exhibit B which is governed by the terms of Exhibit B, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct make or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused suffer to be constructed or installed, made any alterations, additions or improvements in to or to of the Sublease Premises, Premises or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertakethereof, or cause to attach any fixtures or equipment thereto, without first obtaining Landlord’s written consent, which consent shall not be undertaken, such unreasonably withheld. Any alterations, additions or improvements in (except the Sublease improvements covered by Exhibit B, which shall be governed by the provisions of Exhibit B) to the Premises consented to by Landlord shall be made by Landlord for Tenant’s account, and Tenant shall reimburse Landlord as additional rent for all costs incurred by Landlord under this Section (and/or in any other part including reasonable charges for construction administration) within thirty (30) days after receipt of the Master Lease Premises) and (ii) in connection with any such alterationsLandlord’s statement therefore. All additions, additions alterations or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, all carpeting, partitions and fixtures of any kind, shall become at once a part of the Tenant Improvements described in the Master Lease. Subtenant hereby agrees realty and acknowledges thatbelong to Landlord, due to safety, security except for any telephone control boxes and other reasonable considerations arising telephone equipment (other than wiring), unattached and movable personal property and trade fixtures placed on the Premises by the Tenant. Prior to the expiration or sooner termination of the Term hereof, Tenant shall remove its trade fixtures and unattached and movable personal property and Tenant promptly shall repair, at its sole cost and expense, any damage to the Premises or the Building caused by such removal. Notwithstanding any other provisions contained in connection with this Lease, Xxxxxx agrees that upon Xxxxxxxx’s written request made at least thirty (30) days prior to the performance expiration or termination of this Lease, Tenant, at its sole cost and expense, shall remove promptly any alterations, additions or improvements additions, improvements, personal property designated by or on behalf of Sublandlord, Subtenant may not have access Landlord to be removed (except for Tenant Standard Improvements) and repair any damage to the entire Sublease Premises during or the construction or installation of certain Building resulting from such removal. Tenant’s obligation to remove any alterations, additions additions, improvements, fixtures and/or personal property and to repair any damage resulting from such removal shall survive the expiration or improvements termination of this Lease. If Tenant fails to remove any alterations, additions, improvements, fixtures and/or personal property designated by Landlord to be removed, or on behalf of Sublandlord; providedif Tenant is in default hereunder, howeverLandlord shall have the right but not the obligation to remove, that Sublandlord store and Subtenant sell the same at Tenant’s expense, and if Tenant is in default hereunder, Landlord shall reasonably cooperate with each other be entitled to afford Subtenant access to and use of as much apply any proceeds of the Sublease Premises as is reasonably practicable during the period of any Sublandlord sale to Tenant’s obligations hereunder. Should Landlord sell Tenant’s alterations, additions additions, improvements, fixtures or improvements. Anything herein personal property pursuant to the contrary notwithstandingforegoing sentence, Subtenant Landlord shall not be permitted have no obligation to access and/or occupy sell the Sublease Premises unless same at public auction or to conduct a public sale. To the extent allowable, Tenant hereby waives any and until (i) Subtenant has provided Sublandlord all statutes and ordinances relating the certificates disposition of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaseabandoned or unclaimed property.
Appears in 1 contract
Samples: Office Lease (Intersearch Group Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premisespremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation which consent shall not be unreasonably withheld or delayed. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery, and 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 in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. 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 otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to any personal injuries or property damage to the extent caused their original condition by the negligence date of termination of this Lease or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance upon earlier vacating of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlordpremises; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other if Landlord so elects prior to afford Subtenant access to and use termination of as much this lease or upon earlier vacating of the Sublease Premises as is reasonably practicable during the period of any Sublandlord premises, such alterations, additions additions, improvements and partitions shall become of property of Landlord as of the date of termination of this Lease or improvements. Anything herein upon earlier vacating of the premises and shall be delivered up to the contrary notwithstandingLandlord with premises. All shelves, Subtenant bins, machinery and trade fixtures, installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall not be permitted to access and/or occupy removed by the Sublease Premises unless and until (i) Subtenant has provided Sublandlord date of termination of this Lease or upon earlier vacating of the certificates of insurance premises if required by Section 4.4 hereof, (ii) Subtenant has delivered Landlord; upon any such removal Tenant shall restore the premises to Sublandlord their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the monthly installment of Base Rent due primary structure or structural qualities of the first month of buildings and other improvements situated on the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasepremises.
Appears in 1 contract
Samples: Lease Agreement (Winston Furniture Co of Alabama Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which A. Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease PremisesPremises without the prior written consent of Landlord which consent shall not be unreasonably withheld. Tenant may, or any part thereof (and/or without the consent of Landlord, but at its own cost and expense and in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, a good workmanlike manner make such minor alterations, additions or improvements in or erect, remove or alter such partitions, or erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the Sublease Premises (and/or in any other part basic character of the Master Lease Premises) Premises or improvements and (ii) without overloading or damaging such Premises or improvements, and in connection each case complying with any such all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions or additions, improvements undertakenand partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease, or caused to be undertakenand Tenant shall, unless Landlord otherwise elects as provided herein, remove all alterations, additions, improvements and partitions ("Alterations") erected by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy Tenant as of the Sublease Premisestermination of this lease. Such reasonable steps shall not requireIf, howeverupon the sole election of Landlord, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation Tenant shall not be applicable required to remove said alterations, additions, and improvements made by Tenant, these shall, upon the termination of this Lease, be delivered up to the Landlord and become the property of the Landlord without payment, reimbursement, or compensation to Tenant. All shelves, bins, machinery, mechanical, plumbing, electrical, and trade fixtures installed by Tenant may be removed by Tenant, but shall be removed by Tenant if required by Landlord, upon the termination of the Lease. All removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the structural qualities of the Premises and other improvements situated on the Premises, and so as to not disturb any other tenants or occupants of the Complex. The foregoing shall not apply to furniture, moveable equipment, or personal property owned by Tenant which may be removed by Tenant at the end of the term of this Lease, if Tenant is not then in default and if such equipment, furniture and/or moveable personal property is not then subject to any personal injuries or property damage to the extent caused by the negligence or willful misconduct other rights, liens and interests of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representativesLandlord. In no event shall Landlord be responsible for the performance removal, custody, or disposition of the Alterationssuch abandoned property of Tenant, additions or improvements by in any way be held liable for conversion or on behalf of Subtenant interfere with any action in relation to its removal, retention, or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasedisposition.
Appears in 1 contract
Samples: Lease Agreement (Mentor Corp /Mn/)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install Lessee shall not make any Alterations, additions or improvements alteration in or additions to the Sublease Premises premises, without Owner's advance written consent in each and every instance. Whenever such consent is sought and before any contract is let or any work is done or any materials are delivered on the premises, Lessee shall comply with Owner's request for plans, specifications, names and addresses or contractors, copies of contracts, necessary permits and indemnification in form and amount satisfactory to Owner against liens, costs, damages and expenses of all kinds, and Lessee shall permit Owner to supervise construction alterations. Owner's decision to refuse any consent shall be subject to (i) conclusive. Lessee shall pay the prior written consent cost of Sublandlord (which shall not be unreasonably withheld) all such installations, alterations and Master Landlordadditions, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements if permitted by Owner in the Master Lease Premises prior to the Commencement Date expense of the Master Leasemaintenance and operation thereof. All installations, Sublandlord currently has no right to grant Subtenant additions, hardware non-trade fixtures and improvements, temporary or permanent, in and upon the right to construct premises, whenever and whether placed there by Lessee or install any AlterationsOwner, additions or improvements in or to shall be and become Owner's property and shall remain upon the Sublease Premises prior to the Commencement Date premises upon termination of the Master Lease. Sublandlord will request term by lapse of Master Landlord that Master Landlord consent time or otherwise, all without compensation, allowance or credit to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for SublandlordLessee; provided, however, if prior to such indemnity termination or within ten (10) days thereafter, Owner so directs by notice, Lessee shall promptly remove the installations, additions, hardware, non-trade fixtures and hold harmless obligation improvements which were placed on the premises by Lessee and which are designated in the notice, failing which, Owner may remove the same and Lessee shall not be applicable to any personal injuries or property pay the costs thereof. Any damage caused by Lessee to the extent caused premises by the negligence or willful misconduct removal of Subtenant any of the aforenamed items, or any other item, will be repaired in such a way as to restore the improvements to their original condition prior to the installation of Subtenant’s agentsthe items removed, employeesat Lessee's expense. If Lessee does not remove Lessee's furniture, affiliateswindow treatments, contractors, subcontractors, licensees, sublessees, invitees trade fixtures or other representatives. In no event shall personal property of all kinds from the performance premises prior to the end of the Alterationsterm, additions however ended, Lessee shall be conclusively presumed to have conveyed the same to Owner under this Lease as a Bill xx Sale without further payment or improvements credit by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due Owner to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleaseLessee.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which A. Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease PremisesPremises without the prior written consent of Landlord, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant which consent shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to not be undertaken, unreasonably withheld so long as such alterations, additions or improvements in do not impair the Sublease Premises (and/or in any other part structural integrity of the Master Lease PremisesBuilding, are not visible from the exterior of the Building and do not adversely affect the Building systems, and, if Landlord does not respond to Tenant's written request (which request shall be accompanied by a reasonably detailed description of the contemplated alterations, additions and improvements) within fifteen (15) days after the date of such request, Landlord's consent shall be deemed granted; provided, however, Tenant may make alterations that are nonstructural in character, which are not visible from the exterior of the Building and which do not adversely affect the Building systems (i) without Landlord's consent (but with prompt written notice to Landlord) so long as the cost thereof does not exceed $100,000 during the Term of this Lease, and (ii) with Landlord's prior written consent (which consent shall not be unreasonably withheld so long as such work does not impair the structural integrity of the Building, is not visible from the exterior of the Building and does not adversely affect the Building systems) with respect to alterations in connection excess of $100,000 during the Term of the Lease (collectively, the "Permitted Non-Structural Alterations"). If Landlord consents to Tenant's proposed alterations, additions or improvements to the Premises, Landlord shall inform Tenant of its consent and promptly notify Tenant as to whether Landlord will require Tenant to remove the alteration, addition or improvement on or before the earlier to occur of the date of termination of this Lease or permanent vacating of the Premises by Tenant. It is contemplated by the parties that Tenant may construct a covered or, alternatively, an enclosed climate-controlled walkway connecting the Building to another building occupied by Tenant (the "Walkway"). Landlord hereby agrees that subject to the requirements of this Paraxxxxx 0X, Xxxxxxxx xxxll consent to Tenant's construction of the Walkway provided that (i) prior to commencement of construction of the Walkway, Tenant submits to Landlord Tenant's plans and specifications for the Walkway and Landlord approves same, which such approval shall not be unreasonably withheld; (ii) Tenant complies with any the requirements of the "Alliance Development Guidelines," including, but not limited to, obtaining Development Review Board approval; and (iii) at Landlord's request, Tenant shall, prior to the expiration or termination of this Lease (or termination of Tenant's right of possession, if sooner) at Tenant's sole cost and expense, remove the Walkway in a good and workmanlike manner and restore the surface to its condition immediately prior to the commencement of construction of the Walkway, Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires without the consent of Landlord. Tenant's erection of such shelves, bins, machinery and trade fixtures and the construction of the Permitted Non-Structural Alterations shall be on the express condition that: (i) such items do not impair the structural integrity of the Premises, the Building or such improvements; (ii) such items may be removed without material injury to the Premises; and (iii) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with the "Alliance Development Guidelines". All alterations, additions, improvements and partitions erected by Tenant as well as the Permitted Non-Structural Alterations shall be and remain the property of Tenant during the Term of this Lease. On or before the earlier to occur of the date of termination of this Lease or permanent vacating of the Premises by Tenant, Tenant shall, at its sole expense, demolish and remove from the Premises all Permitted Non-Structural Alterations and shall deliver up to Landlord the Promises in its condition following the completion of the Leasehold Improvements constructed in accordance with the Working Drawings pursuant to Exhibit "C" attached hereto and made a part hereof (unless otherwise required by Landlord by written notice to Tenant as hereinabove provided), reasonable wear and tear excepted. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or impair the structural integrity of the Building and other improvements situated on the Premises. Following the completion of all alterations, additions or improvements (including Permitted Non-Structural Alterations), Tenant shall deliver to Landlord accurate, reproducible "as built" plans of such alterations, additions or improvements undertakenimprovements, or caused as constructed. Notwithstanding anything to be undertakenthe contrary contained herein, by Sublandlord it is agreed that the use of and access to the roof of the Building is expressly reserved to Landlord and is expressly denied to Tenant (except in order to permit Tenant to discharge its obligation to repair, maintain and service the HVAC unit situated on the roof of the Building and to install, repair, maintain and remove the Telecommunications Equipment as hereinafter provided or to comply with Tenant's other obligations under this Lease). Tenant shall not penetrate the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy roof of the Sublease Premises. Such reasonable steps shall not requireBuilding in any manner, however, that Sublandlord undertake, nor install or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, construct any alterations, additions or improvements thereon, nor otherwise use or occupy the roof at any time during the Term hereof (except such use and occupation of the roof as is necessary in order to permit Tenant to discharge its obligation to repair, maintain and service the HVAC unit situated on the roof of the Building and to install, repair, maintain and remove the Telecommunications Equipment or to comply with other provisions of this Lease). In those circumstances where Tenant is entitled to enter onto the Sublease Premisesroof in accordance with the preceding sentence, or any part thereof, during the Sublease Term, Subtenant Tenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to event cause the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance roof warranty of the Alterations, additions Building to be impaired or improvements by invalidated (in whole or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasepart).
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Lessee shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install make any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any non-structural interior alterations, additions or improvements in or to the Sublease PremisesLeased Premises without the prior written consent of Lessor in each instance, which consent shall not be unreasonably withheld or delayed. Lessee shall not take any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, structural or cause to be undertaken, such exterior alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or Leased Premises without the prior written consent of Lessor. Should Lessor fail to respond within fifteen (15) working days after Lessor's receipt of any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless written request from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or Lessee for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable Lessor's consent to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord proposed alterations, additions or improvements, Lessor's consent shall be deemed to have been granted. Anything herein to the contrary notwithstandingAll permitted alterations, Subtenant additions and improvements made by Lessee shall not be permitted to access and/or occupy the Sublease Premises unless and until performed (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereofin a good and workmanlike manner, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term in accordance with all applicable legal and the security deposit referred to in Section 5.4 of this Sublease and insurance requirements, (iii) Master Landlord has consented only after receipt by Lessee and presentation to Lessor of all necessary permits and licenses, and (iv) at Lessee's sole expense. Except for Lessee's removable trade fixtures, and all improvement made by Tenant in the processing and storage areas, all improvements, repairs, alterations and additions and all other non-trade fixtures, whether installed before or after the execution of this SubleaseLease, shall remain upon the Leased Premises at the expiration or sooner termination of this Lease and become the property of Lessor without payment therefor by Lessor, unless prior to the termination of this Lease, Lessor shall have given written notice to Lessee to remove the same, in which event Lessee, at its expense, will remove such alterations, improvements, additions and/or fixtures and repair and restore any and all damage to the Leased Premises caused by the installation and/or removal thereof.
Appears in 1 contract
Samples: Assignment and Assumption (North American Vaccine Inc)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct (a) Tenant shall not make or install allow any Alterationsalterations, additions additions, or improvements in or to the Sublease Premises shall be subject to or any part of the Premises (i) the collectively, "Alterations"), without Landlord's prior written consent of Sublandlord (consent, which shall not be unreasonably withheld) and Master Landlord. Consent, however, may be conditioned upon the receipt by, and approval of, Landlord of a set of plans and specifications for the alterations no later than thirty (ii30) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises days prior to the Commencement Date scheduled construction of the Master alterations as well as the use by Tenant of a contractor or contractors acceptable to Landlord. The installation of furnishings, fixtures, equipment, or decorative improvements, none of which shall affect operating systems or the structure of the Premises shall not constitute "Alterations." All Alterations and any furnishings, fixtures, equipment, or decorative improvements remaining on the Premises after the termination or earlier expiration of this Lease shall immediately become Landlord's property and, at the termination or earlier expiration of this Lease, Sublandlord currently has no right shall remain on the Premises without compensation to grant Subtenant the right Tenant. Tenant agrees upon notice xxxx Landlord to construct or install remove, at Tenant's sole cost and expense, any and all Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); howeverfurnishings, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterationsfixtures, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or installequipment, or caused to be constructed or installeddecorative improvements (other than floors, any alterationswalls, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (isuspended ceilings and structural walls) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (Tenant prior to the extent not covered by insurancetermination or earlier expiration of this Lease. In the event that Landlord requires Tenant to remove any such Alterations, furnishings, fixtures, equipment, or decorative improvements and Tenant fails to cause such removal on or prior to the termination or other earlier expiration of this Lease, such failure shall be deemed a holdover under Section 13(b) arising fromof this Lease, and in addition to any construction work other damages owing Landlord under this Section, Tenant shall owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease, shall be performed in the Sublease Premises during the Sublease Term by accordance with all applicable laws and at Tenant's sole expense. Tenant will indemnify and xxxxxd Landlord for all liens, claims, or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent damages caused by remodeling, improvements, additions, alterations, and repairs and the negligence or willful misconduct of Subtenant or removal and restoration thereof, if required under this Lease. Landlord agrees, when reqxxxxxx xy Tenant, to execute and dexxxxx any of Subtenant’s agentsapplications, employeesconsents, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall instruments reasonably required to permit Tenant to do this work or to obtain permits for the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasework.
Appears in 1 contract
Samples: Office Lease (Regan Holding Corp)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which A. Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease PremisesPremises without the prior written consent of Landlord, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant which consent shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to not be undertaken, unreasonably withheld so long as such alterations, additions or improvements in do not impair the Sublease Premises (and/or in any other part structural integrity of the Master Lease PremisesBuilding, are not visible from the exterior of the Building and do not adversely affect the Building systems, and, if Landlord does not respond to Tenant's written request (which request shall be accompanied by a reasonably detailed description of the contemplated alterations, additions and improvements) within fifteen (15) days, after the date of such request, Landlord's consent shall be deemed granted; provided, however, Tenant may make alterations that are non-structural in character, which are not visible from the exterior of the Building and which do not adversely affect the Building systems (i) without Landlord's consent (but with prompt written notice to Landlord) so long as the cost thereof does not exceed $100,000 during the Term of this Lease, and (ii) with Landlord's prior written consent (which consent shall not be unreasonably withheld so long as such work does not impair the structural integrity of the Building, is not visible from the exterior of the Building and does not adversely affect the Building systems) with respect to alterations in connection excess of $100,000 during the Term of the Lease (collectively, the "Permitted Non-Structural Alterations"). If Landlord consents to Tenant's proposed alterations, additions or improvements to the Premises, Landlord shall inform Tenant of its consent and promptly notify Tenant as to whether Landlord will require Tenant to remove the alteration, addition or improvement on or before the earlier to occur of the date of termination of this Lease or permanent vacating of the Premises by Tenant. It is contemplated by the parties that Tenant may construct a covered or, alternatively, an enclosed climate-controlled walkway connecting the Building to another building occupied by Tenant (the "Walkway"). Landlord hereby agrees that subject to the requirements of this Paraxxxxx 0X, Xxxxxxxx xxxll consent to Tenant's construction of the Walkway provided that (i) prior to commencement of construction of the Walkway, Tenant submits to Landlord Tenant's plans and specifications for the Walkway and Landlord approves same, which such approval shall not be unreasonably withheld; (ii) Tenant complies with any the requirements of the "Alliance Development Guidelines," including, but not limited to, obtaining Development Review Board approval; and (iii) at Landlord's request, Tenant shall, prior to the expiration or termination of this Lease (or termination of Tenant's right of possession, if sooner) at Tenant's sole cost and expense, remove the Walkway in a good and workmanlike manner and restore the surface to its condition immediately prior to the commencement of construction of the Walkway. Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires without the consent of Landlord. Tenant's erection of such shelves, bins, machinery and trade fixtures and the construction of the Permitted Non-Structural Alterations shall be on the express condition that: (i) such items do not impair the structural integrity of the Premises, the Building or such improvements; (ii) such items may be removed without material injury to the Premises, and (iii) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with the "Alliance Development Guidelines". All alterations, additions, improvements and partitions erected by Tenant as well as the Permitted Non-Structural Alterations shall be and remain the property of Tenant during the Term of this Lease. On or before the earlier to occur of the date of termination or this Lease or permanent vacating of the Premises by Tenant, Tenant shall, at its sole expense, demolish and remove from the Premises all Permitted Non-Structural Alterations and shall deliver up to Landlord the Premises in its condition following the completion of the Leasehold Improvements constructed in accordance with the Working Drawings pursuant to Exhibit "C" attached hereto and made a part hereof (unless otherwise required by Landlord by written notice to Tenant as hereinabove provided), reasonable wear and tear excepted. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or impair the structural integrity of the Building and other improvements situated on the Premises. Following the completion of all alterations, additions or improvements (including Permitted Non-Structural Alterations). Tenant shall deliver to Landlord accurate, reproducible "as built" plans or such alterations, additions or improvements undertakenimprovements, or caused as constructed. Notwithstanding anything to be undertakenthe contrary contained herein, by Sublandlord it is agreed that the use of and access to the roof of the Building is expressly reserved to Landlord and is expressly denied to Tenant (except in order to permit Tenant to discharge its obligation to repair, maintain and service the HVAC unit situated on the roof of the Building and to install, repair, maintain and remove the Telecommunications Equipment as hereinafter provided or to comply with Tenant's other obligations under this Lease). Tenant shall not penetrate the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy roof of the Sublease Premises. Such reasonable steps shall not requireBuilding in any manner, however, that Sublandlord undertake, nor install or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, construct any alterations, additions or improvements thereon, nor otherwise use or occupy the roof as any time during the Term hereof (except such use and occupation of the roof as is necessary in order to permit Tenant to discharge its obligation to repair, maintain and service the HVAC unit situated on the roof of the Building and to install, repair, maintain and remove the Telecommunications Equipment or to comply with other provisions of this Lease). In those circumstances where Tenant is entitled to enter onto the Sublease Premisesroof in accordance with the preceding sentence, or any part thereof, during the Sublease Term, Subtenant Tenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to event cause the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance roof warranty of the Alterations, additions Building to be impaired or improvements by invalidated (in whole or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasepart).
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements Tenant shall make no changes in or to the Sublease Premises shall be subject demised premises of any nature without Owner's prior written consent. Subject to (i) the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master LandlordOwner, and (ii) to the terms and conditions provisions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterationsarticle, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master LeaseTenant at Tenant's expense, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterationsmay make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Sublease Premises interior of the demised premises using contractors or mechanics first approved by Owner. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approvals thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. Tenant agrees to carry and will cause Tenant's contractors and sub7contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms as part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the Commencement Date date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in same shall be removed from the Sublease Premises demised premises by Tenant prior to the Commencement Date expiration of the Master Lease (subject lease, at Tenant's expense. Nothing in this Article shall be construed to Master Landlord give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and Sublandlord having a right equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises condition existing prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, installation and repair any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused demised premises or the building due to such removal. All property permitted or required to be removed, by Tenant at the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance end of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described term remaining in the Master Lease. Subtenant hereby agrees premises, or upon Tenant's vacating or removal prior thereto after Tenant's removal shall be deemed abandoned and acknowledges thatmay, due to safetyat the election of Owner, security and other reasonable considerations arising in connection with either be retained as Owner's property or removed from the performance of any alterationspremises by Owner, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaseat Tenant's expense.
Appears in 1 contract
Samples: First Modification of Lease Agreement (Opus360 Corp)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install TENANT shall not make any Alterations, additions or improvements in or alterations to the Sublease Leased Premises shall be subject to which affect the structural integrity of the Building or which cost in excess of ten thousand dollars (i$10,000) without the prior written consent of Sublandlord (which shall LANDLORD, such consent not to be unreasonably withheld) withheld or delayed. If LANDLORD does not give its written consent within 5 days after request by TENANT, LANDLORD shall be deemed to have given its written consent. If TENANT shall desire to make any such alterations requiring LANDLORD's consent, it shall furnish plans and Master Landlordspecifications of the work to be so performed together with a construction statement containing a complete breakdown of the cost of all labor and material included therein, and if the cost should exceed one hundred thousand dollars (ii) $100,000.00), together with an escrow of cash with Title Services, Inc. in an amount equal to the terms and conditions estimated cost of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions all such work or other improvements in security reasonably required by LANDLORD. TENANT agrees to obtain a building permit from the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install city for any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Leasealterations requiring such a permit. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord TENANT agrees that it will take reasonable stepsall such work shall be done in a good, to minimize interference workmanlike manner, and in compliance with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any applicable building codes and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlordlaws, including, without limitation, the Tenant Improvements described in Americans with Disabilities Act, that the Master Lease. Subtenant hereby agrees structural integrity of the Building shall not be impaired, and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access that no filed liens shall attach to the entire Sublease Building or Leased Premises during by reason thereof. No such alteration(s) shall change the construction or installation office/finished area to storage/service area ratio without LANDLORD's permission. TENANT shall, before the expiration of certain alterationsthe Lease, additions or improvements by or restore the Leased Premises to its condition prior to such alteration if LANDLORD conditioned its approval of such alteration on behalf TENANT's agreement to remove such alteration prior to the expiration of Sublandlord; providedthe term. Any such alterations shall become the property of LANDLORD as soon as they are affixed to the Leased Premises and all right, title and interest therein of TENANT shall immediately cease unless otherwise stated in writing. TENANT, however, that Sublandlord shall remain the owner of any installed trade fixtures and Subtenant shall reasonably cooperate have the right to remove such trade fixtures at the expiration of this Lease Agreement, so long as the Leased Premises and/or Building are materially restored to their condition prior to such installation. TENANT agrees that, if by reason of TENANT's particular operations, the particular use to which TENANT puts the space, or any alterations made by TENANT (whether or not approved unconditionally by LANDLORD), applicable law, including, without limitation, the Americans with each other to afford Subtenant access to and use of as much Disabilities Act, requires further alterations or modifications of the Sublease Leased Premises or the Building, TENANT will make such alterations or modifications so as is reasonably practicable during to promptly address such requirements, or, if TENANT fails to do so, TENANT will reimburse LANDLORD promptly for the period cost of any Sublandlord alterations, additions such alterations or improvements. Anything herein modifications as LANDLORD may make upon TENANT's default (LANDLORD having the right but not the obligation to the contrary notwithstanding, Subtenant make such alterations or modifications under that circumstance); and that this provision shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due survive termination or expiration of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleaseLease.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements 3. Tenant shall make no changes in or to the Sublease Premises shall be subject demised premises of any nature without Owner’s prior written consent. Subject to (i) the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master LandlordOwner, and (ii) to the terms and conditions provisions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterationsarticle, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master LeaseTenant, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterationsat Txxxxx’s expense, may make alterations, installations, additions or improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the Sublease Premises interior of the demised premises using contractors or mechanics first approved in each instance by Owner. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. Txxxxx agrees to carry and will cause Txxxxx’s contractors and sub-contractors to carry such wxxxxxx’x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Txxxxx’s expense, by payment or filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant’s behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the Commencement Date date fixed as the termination of this lease, elects to relinquish Owner’s right thereto and to have them removed by Tenant, in which event the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in same shall be removed from the Sublease Premises demised premises by Tenant prior to the Commencement Date expiration of the Master Lease (subject lease, at Tenant’s expense. Nothing in this Article shall be construed to Master Landlord give Owner title to or prevent Txxxxx’s removal of trade fixtures, moveable office furniture and Sublandlord having a right equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises condition existing prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, installation and repair any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused demised premises or the building due to such removal. All property permitted or required to be removed by Txxxxx at the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance end of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described term remaining in the Master Lease. Subtenant hereby agrees premises after Txxxxx’s removal shall be deemed abandoned and acknowledges thatmay, due to safety, security and other reasonable considerations arising in connection with at the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much election of the Sublease Premises Owner, either be retained as is reasonably practicable during Owner’s property or removed from the period of any Sublandlord alterationspremises by Owner, additions or improvementsat Txxxxx’s expense. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to See paragraph “66th” in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Sublease.Rider Repairs:
Appears in 1 contract
Samples: American Defense Systems Inc
Alterations. Subtenant acknowledges and agrees that Subtenant’s right 12. Tenant shall not make, or allow to construct be made, any alterations or install any Alterationsphysical additions in, additions or improvements in about or to the Sublease Premises shall be subject to (i) without obtaining the prior written consent of Sublandlord (Landlord, which consent shall not be unreasonably withheldwithheld with respect to proposed alterations and additions which: (a) comply with all applicable laws, ordinances, rules and Master regulations; (b) are in Landlord's opinion compatible with the Project and its mechanical, plumbing, electrical, heating/ventilation/ air conditioning systems; and (iic) will not interfere with the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of any other portion of the Sublease PremisesBuilding or Project by any other tenant or its invitees. Such reasonable steps Specifically, but without limiting the generality of the foregoing, Landlord shall not requirehave the right of written consent for all plans and specifications for the proposed alterations or additions, howeverconstruction means and methods, that Sublandlord undertakeall appropriate permits and licenses, any contractor or cause subcontractor to be undertakenemployed on the work of alteration or additions, and the time for performance of such work. Tenant shall also supply to Landlord any documents and information reasonably requested by Landlord in connection with Xxxxxxxx's consideration of a request for approval hereunder. Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval to Tenant for any such alterations and additions, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications. All such alterations, physical additions or improvements during evenings or on weekends. If Sublandlord undertakes(other than trade fixtures paid for by Tenant which shall be and remain the property of Tenant) shall remain the property of Tenant until termination of this Lease, or causes to at which time they shall be undertaken, any alterations, additions or improvements in or to and become the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements property of Landlord if Landlord so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlordelects; provided, however, that Sublandlord Landlord may, at Landlord's option, require that Tenant, at Tenant's expense, remove any or all alterations, additions, improvements and Subtenant partitions made by Tenant and restore the Premises by the termination of this Lease, whether by lapse of time, or otherwise, to their condition existing prior to the construction of any such alterations, additions, partitions or leasehold improvements. All such removals and restoration shall reasonably cooperate be accomplished in a good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to so remove such alterations, additions, improvements and partitions or Tenant's trade fixtures or furniture, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with each other to afford Subtenant access applicable law, at Tenant's sole expense. In addition to and use wholly apart from Xxxxxx's obligation to pay Tenant's Proportionate Share of as much Basic Operating Cost, Tenant shall be responsible for and shall pay prior to delinquency any taxes or governmental service fees, possessory interest taxes, fees or charges in lieu of any such taxes, capital levies, or other charges imposed upon, levied with respect to or assessed against its personal property, on the value of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to improvements within the contrary notwithstandingPremises, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented on Tenant's interest pursuant to this SubleaseLease. To the extent that any such taxes are not separately assessed or billed to Tenant, Tenant shall pay the amount thereof as invoiced to Tenant by Landlord.
Appears in 1 contract
Samples: Depomed Inc
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct Tenant shall not permit structural alterations or install any Alterations, additions or improvements in or to the Sublease Leased Premises shall be subject to (i) unless and until the prior written consent of Sublandlord (plans and specifications, including architectural drawings, have been approved by Landlord in writing, which approval shall not be unreasonably withheld) , delayed or conditioned. Tenant shall have the right, without Landlord’s consent and Master Landlord, and (ii) the terms and conditions in compliance with all other provisions of this SubleaseSection, to make any non-structural alterations to the Leased Premises which do not materially impact the Building’s mechanical or electrical systems and which do not adversely affect the Building’s appearance or value, provided that Tenant gives Landlord fifteen (15) business days’ prior written notice of any such alterations, along with copies of plans and specifications relating thereto. Because Sublandlord currently has At the time of Landlord’s approval of any alterations (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord’s approval, within five (5) business days after Landlord receives Tenant’s architectural drawings for the same), Landlord shall provide Tenant with notice if Landlord will require Tenant to remove the alterations and restore the Leased Premises (with respect to such alterations) upon the expiration or earlier termination of this Lease; otherwise, all such alterations or improvements, [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. except movable office furniture and equipment and trade fixtures, shall at the expiration or earlier termination of the Lease become a part of the realty and the property of Landlord and shall not be removed by Tenant. If Landlord consents to Tenant’s performance of alterations or additions to the Leased Premises, then Tenant shall ensure that all such alterations and improvements which are made or necessitated thereby shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building. Landlord’s approval of the plans and specifications and architectural drawings for Tenant’s alterations shall create no right responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with existing warranties or any and all laws, rules and regulations of governmental agencies or authorities. To the extent that Tenant’s alterations or improvements void or reduce any warranties assigned hereunder, the liability shall thereafter be the responsibility of Tenant. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with any construction or installation by Tenant. No person shall be entitled to construct any lien directly or install indirectly derived through or under Tenant or through or by virtue of any tenant act or omission of Tenant upon the Leased Premises for any improvements or Alterations, additions fixtures made thereon or other improvements in the Master Lease Premises prior installed therein or for or on account of any labor or material furnished to the Commencement Date Leased Premises or for or on account of any matter or thing whatsoever; and nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for, or material claimed to have been furnished to, Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after Tenant’s knowledge of the Master Leasesame, Sublandlord currently has no right to grant Subtenant the right to construct by bonding or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises)lawful manner. Tenant shall indemnify and save harmless Landlord from all costs, (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertakelosses, or cause to be undertakenexpenses, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) attorneys’ fees in connection with any such alterationslien. Provided that Duke Realty Limited Partnership is then Landlord (or affiliated with Landlord) under this Lease, additions Tenant agrees that at Landlord’s option, Duke Construction Limited Partnership or improvements undertakena subsidiary or affiliate of Landlord (collectively, “DCLP”), who shall receive a ten percent (10%) fee as Landlord’s construction manager or caused to be undertakengeneral contractor, by Sublandlord in or shall perform all work on any structural alterations made to the Sublease Premises, Leased Premises on or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy before the fifth (5th) anniversary of the Sublease PremisesCommencement Date. Such reasonable steps DCLP shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekendssolicit competitive bids from at least three (3) subcontractors for each major trade. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and Landlord will competitively bid all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of subcontractors as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease 2.02A(ii) above, and (iii) Master Landlord has consented to this Subleaseand Tenant shall review the bids jointly and Landlord shall select the subcontractors mutually agreed upon by both parties.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premisespremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, or any part thereof (and/or without the consent of Landlord, but at its own cost and expense and in any other part a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Master Lease Premises)building or improvements and without overloading or damaging such building or improvements, (i) Subtenant and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall reasonably cooperate with Sublandlord be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to allow Sublandlord to undertake, their original condition by the date of termination of this lease or cause to be undertaken, upon earlier vacating of the premises; such alterations, additions or additions, improvements in and partitions shall become the Sublease Premises (and/or in any other part property of Landlord as of the Master Lease Premises) date of termination of this lease or upon earlier vacating of the premises and (ii) in connection shall be delivered up to the Landlord with the premises unless removed as provided above. All shelves, bins machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such alterations, additions removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy structural qualities of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security buildings and other reasonable considerations arising in connection with improvements situated on the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasepremises.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which A. Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and 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 in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, to remove all alterations, additions, improvements and partitions erected by tenant and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other if Landlord so elects prior to afford Subtenant access to and use termination of as much this Lease or upon earlier vacating of the Sublease Premises as is reasonably practicable during Premises, provided, however, that if Landlord so elects, prior to termination of this Lease or upon earlier vacating of the period of any Sublandlord Premises, such alterations, additions additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or improvements. Anything herein upon earlier vacating of the Premises and shall be delivered up to the contrary notwithstandingLandlord with the Premises. All shelves, Subtenant bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall not be permitted to access and/or occupy removed by the Sublease date of termination of this Lease or upon earlier vacating of the Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance if required by Section 4.4 hereof, (ii) Subtenant has delivered Landlord; upon any such removal Tenant shall restore the Premises to Sublandlord their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the monthly installment of Base Rent due primary structure or structural qualities of the first month of buildings and other improvements situated on the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleasePremises.
Appears in 1 contract
Samples: Lease Agreement (Sparkling Spring Water Holdings LTD)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, make any alterations, additions or improvements in or to the Sublease Premisespremises (including, or any part thereof (and/or without limitation, the roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in any a good workmanlike manner erect such shelves, bins, machinery and other part trade fixtures as it may deem advisable, without altering the basic character of the Master Lease Premises)building or improvements and without overloading or damaging such building or improvements, (i) Subtenant shall reasonably cooperate and in each case after complying with Sublandlord to allow Sublandlord to undertakeall applicable governmental laws, or cause to be undertakenordinances, such regulations and other requirements. All alterations, additions 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 otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or improvements in the Sublease Premises (and/or in any other part upon earlier vacating of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not requirepremises; provided, however, that Sublandlord undertake, or cause to be undertaken, if at such time Landlord so elects such alterations, additions 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 premises and title shall pass to Landlord under this lease as by a xxxx of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition, ordinary wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements during evenings or on weekendswithin which the premises are situated. If Sublandlord undertakes, or causes Landlord shall consent to be undertaken, any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including but not limited to, surety company performance bonds) as Landlord shall reasonably require to protect Landlord against any loss from any mechanics’, laborers’ or to the Sublease Premisesmaterialmen’s liens, or any part thereofother liens. Notwithstanding the foregoing, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation Landlord agrees that Tenant shall not be applicable obligated to any personal injuries or property damage remove the remodeling of the existing offices, construction of new office area adjacent to the extent caused by existing offices, installation of lights and a heating system in the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall warehouse which are completed during the performance first six (6) months of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleaselease term.
Appears in 1 contract
Samples: Lease Agreement (Power Solutions International, Inc.)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install Tenant shall not make any Alterationsalterations, additions or improvements in or Improvements to the Sublease Premises shall be subject to (i) premises without the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, but at its own cost and (ii) the terms expense and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve good workmanlike manner make such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any minor alterations, additions or improvements in or to the Sublease Premiseserect, remove or alter such partitions, or any part thereof (and/or in any other part erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Master Lease Premises)building or Improvements and without overloading or damaging such building or Improvements, (i) Subtenant shall reasonably cooperate and in each case complying with Sublandlord to allow Sublandlord to undertakeall applicable governmental laws, or cause to be undertakenordinances, such regulations and other requirements. All alterations, additions or additions, improvements in and partitions erected by Tenant shall be and remain the Sublease Premises (and/or in any other part property of Tenant during the Master Lease Premises) term of this lease and (ii) in connection with any such Tenant shall unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions or additions, improvements undertaken, or caused and partitions erected by Tenant and restore the premises to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused their original condition by the negligence or willful misconduct date of Subtenant or any termination of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlordthis lease; provided, however, that Sublandlord if Landlord so elects prior to termination of this lease, such alterations, additions, improvements and Subtenant partitions shall reasonably cooperate with each other to afford Subtenant access to and use become the property of Landlord as much of the Sublease Premises as is reasonably practicable during the period date of any Sublandlord termination of this lease, such alterations, additions or improvements. Anything herein additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease and shall be delivered up to the contrary notwithstandinglandlord with the premises. All shelves, Subtenant bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance removed by Tenant at Tenant's expense if required by Section 4.4 hereof, (ii) Subtenant has delivered Landlord upon the expiration or termination of this lease; upon any such removal Tenant shall restore the premises to Sublandlord their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the monthly installment of Base Rent due primary structure or structural qualities of the first month of buildings and other improvements situated on the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this Subleasepremises.
Appears in 1 contract
Samples: Lease Agreement (Universal Beverages Holdings Corp)
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install The TENANT shall not make any Alterations, additions or improvements in or alterations to the Sublease Lease Premises shall be subject to (i) without the prior written consent of Sublandlord (which shall the LANDLORD, such consent not to be unreasonably withheld) and Master Landlord, and (ii) withheld or delayed. If the terms and conditions of this Sublease. Because Sublandlord currently has no right TENANT shall desire to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with make any such alterations, additions or improvements undertaken, or caused it shall furnish plans and specifications of the work to be undertakenso performed together with a construction statement Containing a complete breakdown of the cost of all labor and material included therein, by Sublandlord and together with an escrow of cash with Title Services, Inc. in or an amount equal to the Sublease Premisesestimated cost of all such work, or if it should exceed one thousand dollars ($1,0OO.OO). TENANT agrees to obtain a building permit from the city for any part thereof, Sublandlord alterations exceeding fifty dollars ($SO.OO) in cost. TENANT agrees that it will take reasonable stepsall such work shall be done in a good, to minimize interference workmanlike manner, and in compliance with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any applicable building codes and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of SublandlordIaws, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, howeverAmerican Disabilities Act, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much the structural integrity of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant Building shall not be permitted impaired, and that no liens shall attach to access and/or occupy the Sublease Building or Leased Premises unless and until (iby reason thereof. No such alteration(s) Subtenant has provided Sublandlord shall change the certificates of insurance required by Section 4.4 hereofoffice/finish area to storage/service area ratio without LANDLORD'S permission. The TENANT shall, (ii) Subtenant has delivered to Sublandlord before the monthly installment of Base Rent due expiration of the first month Lease, restore the Leased Premises to its original condition unless the LANDLORD elects that all or a part of the Sublease Term alterations may remain. Any such alterations shall become the property of LANDLORD as soon as they are affixed to the Leased Premises and all right, title and interest therein of the security deposit referred TENANT shall immediately cease unless otherwise stated in writing. The TENANT however, shall remain the owner of any installed trade fixtures and shall have the right to in Section 5.4 remove such trade fixtures at the expiration of this Sublease Lease Agreement, so long as the Lease Premises and/or Building is restored to its original conditions. TENANT agrees that, if by reason of TENANT'S operations, the use to which TENANT puts the space, or any alterations made by TENANT (whether or not approved unconditionally by LANDLORD), applicable law, including, without limitation, the American Disabilities Act, requires further alterations or modifications of the lease premises or the building(s), that the TENANT will make such alterations or modifications so as to promptly address such requirements; or, if TENANT fails to do so, that TENANT will reimburse LANDLORD promptly for the cost of such alterations or modifications as LANDLORD may make upon TENANT'S default (LANDLORD having the right but not the obligation to make such alterations or modifications under that circumstance); and (iii) Master Landlord has consented to that this Subleaseprovision shall survive termination or expiration of the lease.
Appears in 1 contract
Samples: Chronimed Inc
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct Tenant shall not make any alterations, additions, partitions, or install any Alterations, additions or other improvements in or to the Sublease Premises shall be subject to (i) without the prior written consent of Sublandlord Landlord. Tenant, at its own cost and expense, may erect shelves, bins, machinery and trade fixtures as it desires as well as alterations, additions, partitions, communication towers or other improvements which have been specifically consented to in writing by Landlord, provided that (i) such items do not alter the basic character of the Premises or the building and/or improvements of which shall the Premises are a part, (ii) such items do not overload or damage the same, (iii) such items may be unreasonably withheld) and Master Landlordremoved without injury to the Premises, and (iiiv) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct construction, erection or install any tenant improvements or Alterationsinstallation thereof complies with all applicable governmental laws, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Leasecodes, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterationsordinances, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premisesregulations, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlordauthorities, including, without limitation, the Tenant Improvements described in Americans with Disabilities Act of 1990 (the Master Lease. Subtenant hereby agrees "ADA"), and acknowledges thatwith Landlord's details, due to safety, security specifications and other reasonable considerations arising requirements, (v) any architectural, engineering, construction management, permits, inspections or other cost or fee required to assure compliance with conditions set forth in connection with this Paragraph 6 shall be paid by Tenant promptly upon demand. All alterations, additions, partitions, or other improvements erected by Tenant shall be and remain the performance property of Tenant during the term of this Lease; provided however, at the termination of this Lease, Landlord shall have the option, exercisable in Landlord's sole discretion, to require Tenant either to remove, at Tenant's sole cost and expense, all or part of each alterations, additions, partitions, or other improvements, at which time Tenant shall promptly restore the Premises to its original condition, or to keep in place the same at which time such alterations, additions, improvements, and partitions shall become the property of Landlord. If requested by Tenant at any time prior to termination of this Lease, Landlord shall, in its sole discretion, give or withhold its consent to the future removal by Tenant of any alterationsparticular alteration, additions addition, partition or improvements other improvement then existing or planned by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of SublandlordTenant; provided, however, Landlord shall not unreasonably withhold its consent to Tenant's future removal of any specialized equipment installed in the Premises by Tenant Such consent must be in writing to be binding upon Landlord. Landlord hereby consents to Tenant's removal of those items listed on Exhibit D attached hereto and incorporated herein by this reference. (Note: The requesting and granting of such consent shall not preclude Tenant from subsequently electing to leave any such items in place or, under such circumstances, Landlord from requiring that Sublandlord such items be removed.) (Note: Tenant's obligation to restore the Premises to its original condition shall apply following the removal of a particular alteration, addition, partition or other improvement pursuant to Landlord's consent.) All shelves, bins, machinery and Subtenant trade fixtures installed by Tenant shall reasonably cooperate with each other be removed on or before the earlier to afford Subtenant access to and use of as much occur of the Sublease date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises as is reasonably practicable during the period of any Sublandlord to their original condition. All alterations, additions installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or improvements. Anything herein to alter the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due primary structure or structural qualities of the first month buildings and other improvements situated on the Premises or of which the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleasePremises are a part.
Appears in 1 contract
Alterations. Subtenant acknowledges and agrees that Subtenant’s right to construct or install any AlterationsExcepting Landlord's Work, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which Tenant shall not be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct make or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, made any alterations, additions or improvements in or to the Sublease PremisesPremises ("Alterations"), either at the inception of this Lease or any part thereof (and/or in any other part subsequently during the Term, without obtaining the prior written consent of Landlord. No Alterations shall be permitted to the outside dimensions of the Master Lease Premises)Premises or the Building, existing bearing walls and columns, exterior walls, roof, structural ceiling or foundations, nor shall Tenant install any electrical equipment that would overload the lines in the Premises or interfere with the electrical usage of other tenants, unless approved in writing by Landlord. Tenant shall deliver to Landlord full and complete plans and specifications of all requested Alterations, and, any subsequent modifications or additions to such plans and specifications, prior to undertaking same, and as-built plans when completed, and no proposed work shall be commenced or continued by Tenant until Landlord has given its written approval thereof. By approving any request for Alterations submitted by Tenant, Landlord does not (i) Subtenant shall reasonably cooperate expressly or implicitly covenant or warrant that any plans or specifications are accurate, safe or sufficient or that the same comply with Sublandlord to allow Sublandlord to undertakeany applicable laws, ordinances, building codes, or cause to be undertakenthe like, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) consent to the imposition of any lien on the Premises or the Building for any work performed or materials delivered in connection with any such alterationsAlterations. Tenant shall be solely responsible for compliance with applicable laws, additions or improvements undertakenordinances, or caused to be undertakenbuilding codes, by Sublandlord in or to and/or the Sublease Premiseslike, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy for obtaining all necessary permits and governmental approvals and for construction of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or said improvements in or to the Sublease Premisescompliance with same. Further, or any part thereofTenant shall indemnify, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity defend and hold harmless obligation Landlord and the Premises from any loss, cost or expense, including legal fees, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from such Alterations. All Alterations shall not become the property of Landlord, unless Landlord directs that such Alterations be removed by Tenant at the expiration or earlier termination of this Lease. In such case, Tenant, at Tenant's sole expense, shall remove the Alterations and repair all damage resulting from such removal and shall restore the affected areas to a condition reasonably compatible with the remainder of the Premises as reasonably determined by Landlord, or, at Landlord's option, shall pay to Landlord all reasonable and necessary costs arising from such removal and restoration. All Alterations, and all removal of same, shall be done in a good and workmanlike manner in compliance with all applicable laws, ordinances, building codes, regulations and orders of any federal, state, county, municipal or other public authority and of the insurers of the Building. If required by Landlord, Tenant shall secure at Tenant's own cost and expense a completion and lien indemnity bond satisfactory to Landlord for said work. Tenant shall reimburse Landlord for Landlord's reasonable charges including any personal injuries professional fees, incurred by Landlord and a review fee of fifteen percent (15%) of the cost of construction of such Alterations for expenses incurred by Landlord or Landlord's designated property damage management firm for the Project, in reviewing and approving or disapproving plans and specifications for any Alterations proposed by Tenant and/or coordinating and overseeing the construction of such Alterations. Landlord shall be entitled to approve and/or designate the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s contractors/subcontractors to be used to construct Alterations. Tenant shall indemnify, defend and hold harmless Landlord and Landlord's agents, employeescontractors and employees from and against any liability or damages, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall and will take all measures necessary to eliminate any negative impact on the performance operation of the Building, resulting from any non-union contractor or subcontractor being used for the Alterations. Tenant shall require that any contractors used by Tenant comply with all requirements for insurance set forth in Article VIII and carry a comprehensive liability insurance policy naming Landlord and any mortgagee designated by Landlord as additional insureds, additions or improvements by or on behalf covering bodily injury in such amounts as set forth in Section 8.01. Tenant shall provide proof of Subtenant interfere with or delay the such insurance prior to commencement or completion of any alterations, additions or improvements by or work on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord has consented to this SubleasePremises.
Appears in 1 contract
