Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.
Appears in 7 contracts
Samples: www.sec.gov, Industrial Building Lease (Bway Corp), Industrial Building Lease (Bway Corp)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings additions, alterations, changes or improvements in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Leased Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, (excluding trade fixtures and typical office partitions) without the prior written consent of Landlord Landlord, which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheldwithheld with respect to alterations, changes or improvements which do not affect the structure, tenant improvements, or outward appearance of the Leased Premises. Notwithstanding In the preceding sentenceevent that Landlord consents to such additions, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentalterations, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required changes or improvements, then all additions, alterations, changes or improvements shall be commenced by Tenant until Tenant has furnished constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlordmay, evidencing workmen’s compensation coverageat its option, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. require Tenant, at its Tenant’s sole cost and expense, will make to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Building, Project and Park free from all Alterations on mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the Premises which may be necessary by direction of Tenant in connection with the act or neglect Leased Premises, and agrees to obtain the discharge of any other person lien which attaches as a result of such work immediately after such lien attaches or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of labor or material is due. Notice is hereby given to all work free Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which no mechanics’ or other liens shall attach to or affect Landlord’s consent interest in the Project, Building, Leased Premises, or Park as a result thereof. Landlord hereby reserves the right at any time and from time to time, during the term hereof, to make any additions, alterations, changes or improvements (including without limitation, building additional stories) on, in, or to the Building and Project, and to build additional structures adjoining thereto, provided same does not unreasonably interfere with Tenant’s use of the Leased Premises. Any of Tenant’s alterations, additions, changes or improvements shall be required shall obtain commercial general liability, worker’s compensation made at such times and such other liability insurance in such amounts manner as may be reasonably required not to unreasonably interfere with the occupation, use and enjoyment of the remainder of the Project by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesother tenants thereof.
Appears in 4 contracts
Samples: Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not at make or permit any time during the Term of this Lease make any openings Alterations in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which without first obtaining Landlord’s consent, as to non-structural or non-systems repairs, which consent shall not be unreasonably withheld. Notwithstanding With respect to any Alterations made by or on behalf of Tenant (whether or not the preceding sentence, Tenant may make non-structural Alterations without obtaining Alteration requires Landlord’s prior written consent, provided the total cost of such non-structural Alteration is ): (i) not less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration 10 days prior to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord with a written certification reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the Alteration does installation and removal of them will not have affect any adverse environmental impact on structural portion of the premisesProperty, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 4 contracts
Samples: Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc)
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Estate from any proposed works to or at the Premises[ or the Estate]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises126]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and127 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent128 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];129 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 4 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. Tenant shall will not at any time during the Term of this Lease make any openings alterations, repairs, additions or improvements in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectivelyfor purposes of this Article 12, any of the foregoing being referred to as the “AlterationsWork”) or add, disturb or in any portion thereof withoutway change any plumbing, in each instancewiring, life/safety or mechanical systems, locks, or structural portions of the Building without the prior written consent of the Landlord which consent, as to non-structural or non-systems repairsthe character of the Work, the manner of doing the Work, and the contractor(s) doing the Work. Such consent shall not be unreasonably withheldwithheld or delayed. Notwithstanding As a condition to Landlord’s consent to Work proposed by Tenant, Landlord may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish surety performance and/or payment bonds or other security for the preceding sentencepayment of all costs incurred in connection with such Work, insurance against liabilities that may arise out of such Work, plans and specifications approved by Landlord and permits necessary for such Work. If such Work is performed by contractor(s) not retained by Landlord, Tenant may make non-structural Alterations without obtaining Landlordshall upon completion of such Work, (i) deliver to Landlord evidence that payment for all such Work has been made by Tenant, contractors’ affidavits and full and final mechanic’s prior written consent, provided lien waivers; and (ii) pay to Landlord a construction supervision fee of five percent (5%) of the total cost of such non-structural Alteration is Work, but in no event less than Twenty Thousand Dollars ($20,000.00) per occurrence 500.00 to reimburse Landlord for the costs incurred by its construction manager in inspecting and supervising such Work; provided, however, that Tenant shall have no obligation to pay Landlord any construction supervision fee for changes costing $5,000.00 or less than Fifty Thousand Dollars ($50,000.00) in that do not affect any plumbing, wiring, life/safety or mechanical systems or the aggregate per calendar yearBuilding structure. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of All such Alterations. Any Alteration by Tenant hereunder Work shall be done in a good and workmanlike manner in compliance using quality materials and shall comply with any all applicable governmental lawlaws, statuteordinances, ordinance rules and regulations. Tenant agrees to indemnify and hold Landlord free and harmless from any liability, loss, cost, damage or regulation. Upon completion expense (including attorney’s fees) by reason of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages Work. The provisions of Article 27 of this Lease Agreement shall be provided apply to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesall Work performed under this Article 12.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement (Virtual Radiologic CORP), Lease Agreement (Virtual Radiologic CORP)
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Building from any proposed works to or at the Premises[ or the Building]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises132]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and133 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent134 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];135 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 3 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Building from any proposed works to or at the Premises[ or the Building]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises112]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and113 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent114 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];115 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 3 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Building from any proposed works to or at the Premises[ or the Building]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises114]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and115 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent116 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];117 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 2 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. Tenant shall not make any alterations to the Premises or any other aspect of the Project, without Landlord's prior written consent, which consent Landlord may withhold in its reasonable but subjective discretion. All permitted alterations must be performed in compliance with Landlord's standard rules and regulations regarding alterations. All alterations will become the property of Landlord and will remain upon and be surrendered with the Premises at any time during the end of the Term of this Lease make Lease; provided, however, Landlord may require Tenant to remove any openings in or all alterations at the roof or exterior walls end of the Building Term of this Lease. If Tenant fails to remove by the expiration or make any alterationearlier termination of this Lease all of its personal property, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof withoutalterations identified by Landlord for removal, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantmay, at its option, treat such failure as a hold-over pursuant to Subparagraph 11(b) above, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and/or alterations as abandoned and, at Tenant's sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans expense and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory addition to Landlord's other rights and remedies under this Lease, at law or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitationequity: (a) contractor’s remove and owners protectionstore such items; and/or (b) blanket contractual upon ten (10) days" prior notice to Tenant, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Tenant shall be liable for all costs of disposition of Tenant's abandoned property and Landlord shall have no liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverageto Tenant with respect to any such abandoned property. Prior Landlord agrees to apply the commencement proceeds of any construction activitysale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys" fees and other costs incurred in the removal, certificates storage and/or sale of such insurance coverages shall items), with any remainder to be provided paid to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesTenant.
Appears in 2 contracts
Samples: Early Possession Agreement (Litronic Inc), Early Possession Agreement (Litronic Inc)
Alterations. The Tenant shall will take into consideration any impact on the Environmental Performance of the Premises from any proposed works to or at the Premises. Underletting Defined terms This Schedule 7 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not at any time during less than [NUMBER] years calculated from the Term date on which the underlease is completed;] lawfully excluded from the security of this Lease make any openings tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the roof or exterior walls case of an Underlease of a Permitted Part, a due proportion, of the Building or make any alterationInsurance Rent and other sums, addition or improvement excluding the Main Rent, payable by the Tenant under this Lease; for rent review at [five yearly] intervals and otherwise on the same terms as in Schedule 2; and85 for change of use and alterations corresponding to those in this Lease; in the case of an Underlease of a Permitted Part, containing provisions requiring the Undertenant to pay by way of a yearly service charge as additional rent a fair and reasonable proportion of the costs incurred by the Tenant in providing all services to the Premises (collectivelythat would be usual on an underletting of part, “Alterations”) including the payment of quarterly advance payments and a balancing payment at the end of each service charge year; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent86 of the Landlord and the Tenant on terms corresponding to those in this Lease and a covenant not to assign part only of the Underlet Premises; [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];87 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed workUnderlease; and if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, certified containing other provisions corresponding with those in this Lease; “Approved Undertenant”88 a person approved by the architect Landlord and who prepared such plans has entered into a direct deed with the Landlord agreeing: to comply with the terms of the Approved Underlease; and specifications; (c) all contracts for to procure that any proposed work shall be submitted to assignee of the Underlet Premises enters into a direct deed in the same terms as set out in this definition of Approved Undertenant; [“Permitted Part” any part of the Premises that the Landlord approves; OR any of the following: a whole floor of the Premises; [or] two or more adjoining whole floors of the Premises; [or] [part of a floor of the Premises [if underlet with an adjoining whole floor]] in each case having independent means of access, for general access and for servicing, from the public highway or from those parts of the Premises approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to the Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment as common parts for the completion use and enjoyment of all work free the Tenant and clear any permitted undertenants of liens. Tenant further agrees that all contractors engaging in the Underlet Premises;] “Sub-Underlease” any construction activity by and for the benefit sub-underlease created out of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protectionUnderlease; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of “Sub-Undertenant” any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with tenant under a written certification that the Alteration does not have any adverse environmental impact on the premises.Sub-Underlease;
Appears in 2 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. Subsequent to the completion of any Landlord’s Work pursuant to Section 2, Tenant shall not at attach any time during fixtures, equipment or other items to the Term of this Lease make any openings in the roof Premises, or exterior walls of the Building paint or make any alterationother additions, addition changes, alterations, repairs or improvement improvements (collectively hereinafter “alterations”) to the Premises (collectivelyPremises, “Alterations”) Building or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations Property without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration which with respect to alterations to the Premises for which Landlord’s consent will not be unreasonably withheld, conditioned or delayed so long as Tenant is required shall be commenced by Tenant until Tenant has furnished not then in default of this Lease (beyond any applicable cure period). If Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage consents to any person or propertyalteration, on or off the Premises, arising out Landlord may post notices of and during the making of such Alterationsnonresponsibility in accordance with law. Any Alteration by 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 hereunder shall be done in a good and workmanlike manner in compliance with to remove any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. all alterations at Tenant, at its ’s sole cost and 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 all Alterations on 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 which may be necessary by to substantially the act same the condition (reasonable wear and tear and damage from fire or neglect other insured casualty excepted) existing prior to the installation of any other person such alteration or corporation (public or private)improvement, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate before the last day of the cost of term. Notwithstanding anything contained in this Lease to the proposed workcontrary, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall not be required shall obtain commercial general liabilityfor (i) any interior decorative changes such as partitioning, workercarpeting, installation of shelves, painting, wallpapering, or for (ii) any non-structural alterations which do not affect the Building’s compensation structure or the Building Systems and such other liability insurance Equipment, provided, that any of the foregoing in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured either (i) or (ii) above do not require a building permit and providing liability coverage during all phases of construction includingdo not cost more than $10,000.00 in any one particular instance (collectively, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage“Cosmetic Alterations”). Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that at least fifteen (15) days advance notice of any proposed Cosmetic Alterations. Except as expressly set forth to the Alteration does not have any adverse environmental impact on contrary above, Tenant shall otherwise comply with the premisesprovisions of this Section 10 with respect to Cosmetic Alterations in the same manner as if they were alterations requiring Landlord’s consent hereunder.
Appears in 2 contracts
Samples: Office Lease (Carbon Black, Inc.), Office Lease (Carbon Black, Inc.)
Alterations. Tenant shall not at make or permit to be made any time during the Term of this Lease make any openings material alterations, changes or additions in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the without prior written consent of Landlord which consentLandlord; it being understood that Landlord’s consent shall not be required for any alterations, as to non-changes or improvements that satisfies all of the following criteria (a “Permitted Alteration”): (i) will not cost more than Twenty Five Thousand Dollars ($25,000.00) in any year; (ii) is not visible from the exterior of the Premises or Buildings; and (iii) it will not affect the structural elements of the Buildings or non-the systems repairs, serving the Building. Such consent shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of Any such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate approved changes or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder additions shall be done in a good either by or under the direction of Landlord at the cost of Tenant, and workmanlike manner in compliance excepting any trade fixtures shall become immediately the property of Landlord, and shall remain upon and be surrendered with any applicable governmental law, statute, ordinance the Premises upon expiration or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy earlier termination of the “as built” plans covering such constructionTerm of this Lease. Tenant, at its sole cost and expense, will make all Alterations Any movable furniture remaining on the Premises which at the end of the Term hereof shall be removed by Tenant or if not so removed, shall, at the option of Landlord, become the property of Landlord, and may be necessary sold or retained by Landlord without duty to pay Tenant any amount or account to Tenant for the act or neglect proceeds of any other person or corporation (public or private), except for Landlord, its agents, employees or contractorssale. Before commencing Tenant hereby waives the provisions of Civil Code 1980-1991 at they may apply to any Alterations disposition of any personal property remaining at the Premises after a default and agrees that (a) plans and specifications therefor, prepared by a licensed architect, this Lease shall be submitted a xxxx of sale with respect to any personal property remaining on the Premises and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant sale or other disposition of such personal property conducted in accordance with this Lease shall furnish to Landlord be an estimate accepted method of disposing of such personal property in lieu of the cost method provided by Sections 1980-1991 of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesCivil Code.
Appears in 2 contracts
Samples: Office Lease (Marrone Bio Innovations Inc), Office Lease (Marrone Bio Innovations Inc)
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Building from any proposed works to or at the Premises[ or the Building]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises123]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and124 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent125 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];126 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 2 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Building from any proposed works to or at the Premises[ or the Building]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises134]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and135 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent136 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];137 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 2 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. Tenant shall not make, or suffer to be made, any ----------- alterations, improvements or additions in, on, about or to the Premises or any part thereof, without the prior written consent of Landlord (which shall not be unreasonably withheld or delayed) and without a valid building permit issued by the appropriate governmental authority. As a condition to giving such consent, Landlord may require that Tenant agree to remove any such alterations, improvements or additions at any time during the Term termination of this Lease make Lease, and to restore the Premises to their prior condition. Unless Landlord requires that Tenant remove any openings in the roof such alteration, improvement or exterior walls of the Building or make addition, any alteration, addition or improvement to the Premises, except movable 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 (collectivelyincluding all wiring, “Alterations”) 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 of 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. If, during the Term hereof, any alteration, addition or change of any sort to all or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statuteregulation, ordinance or regulation. Upon completion order of any Alteration by Tenant hereunderpublic agency, Tenant shall furnish Landlord with a copy of promptly make the “as built” plans covering such construction. Tenant, same at its sole cost and expense. If during the Term hereof, will make all Alterations on any alteration, addition, or change to the Premises which may be necessary Outside Area is required by the act law, regulation, ordinance or neglect order of any other person or corporation (public or private)agency, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans Landlord shall make the same and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed worksuch alteration, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work addition or change shall be submitted to a Outside Area Charge and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish pay said cost to Landlord a bond as provided in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesParagraph 12 above.
Appears in 2 contracts
Samples: Lease Agreement (Verisign Inc/Ca), Lease Agreement (Verisign Inc/Ca)
Alterations. (a) Tenant shall not at any time during the Term of this Lease make any openings no alterations, additions or improvements in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectivelyPremises, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar yearthen only by contractors or mechanics approved by Landlord. No Alteration to the Premises for Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord free access to mechanical installations or service facilities of the Building or Project or interfere with a satisfactory certificate the moving of Landlord’s equipment to or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person the enclosures containing said installations or property, on or off the Premises, arising out of and during the making of facilities. All such Alterations. Any Alteration by Tenant hereunder work shall be done at such times and in a good such manner as Landlord may from time to time designate. Tenant covenants and workmanlike manner agrees that all work done by Tenant shall be performed in full compliance with any applicable all laws, rules, orders, ordinances, regulations and requirements of all governmental lawagencies, statuteoffices, ordinance or regulation. Upon completion and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Offices formerly known as the Pacific Fire Rating Bureau, and of any Alteration by Tenant hereundersimilar body. Before commencing any work, Tenant shall furnish give Landlord with a copy at least ten days written notice of the “as built” plans covering proposed commencement of such construction. work and shall, if required by Landlord, secure at Tenant, at its sole ’s own cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private)a completion and lien indemnity bond, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of lienssaid work. Tenant further covenants and agrees that any mechanic’s lien filed against the Premises or against the Building or Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant will be discharged by Tenant, by bond or otherwise, within ten days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all contractors engaging wall-covering, built-in any construction activity cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord may, by written notice to Tenant, require Tenant to remove all partitions, counters, railings and for the benefit of like installed by Tenant, and Tenant for which shall repair all damage resulting from such removal or, at Landlord’s consent option, shall be required shall obtain commercial general liability, worker’s compensation and pay to Landlord all costs arising from such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesremoval.
Appears in 2 contracts
Samples: Office Building Lease (Rimini Street, Inc.), Office Building Lease (Rimini Street, Inc.)
Alterations. Tenant shall not at make or suffer to be made any time during the Term of this Lease make any openings in the roof alterations, additions, or exterior walls improvements to or of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such which Landlord may withhold in its sole discretion, except that Landlord’s consent shall not be required for non-structural Alteration is alterations costing less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars fifty thousand dollars ($50,000.00) in that are not visible from the aggregate per calendar yearexterior of the Premises. No Alteration All alterations, additions, and improvements to the Premises for which Landlord’s consent is required Premises, including but not limited to floor coverings, wall coverings, window coverings, paneling, and built-in cabinet work, but excluding movable furniture, trade fixtures, and other unattached personal property, shall be commenced by Tenant until Tenant has furnished Landlord with on the expiration of the Term become a satisfactory certificate or certificates from an insurance company acceptable part of the realty and belong to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance surrendered with any applicable governmental law, statute, ordinance the Premises whether or regulationnot installed with Landlord’s consent. Upon completion of any Alteration by Tenant hereunderNotwithstanding the foregoing, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantshall, at its sole cost and expense, will make all Alterations on remove any alterations, additions, or improvements designated for removal by Landlord upon written notice given to Tenant within thirty (30) days after the termination of this Lease. If Tenant receives any such designation at least ten (10) days before the termination of this Lease, the removal shall be completed prior to termination. Otherwise the removal shall be completed within ten (10) days after Tenant’s receipt of Landlord’s designation. Tenant shall repair any damage to the Premises caused in connection with the removal of any items pursuant to this article and restore all damaged areas to a condition consistent with the surrounding finish. Landlord’s consent to any alterations, additions, or improvements, when given, shall be deemed to be conditioned upon Tenant acquiring any governmental approvals or permits which may be necessary by the act or neglect of any other person or corporation (public or private)required, except for Landlordall at Tenant’s sole cost and expense. All alterations, its agentsadditions, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, improvements shall be submitted to made by Tenant at Tenant’s sole cost and approved expense by licensed contractors and in compliance with all laws and regulations. If requested by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish provide a Payment and Performance Bond for Landlord Approved Construction over One Hundred Thousand Dollars ($100,000). Each contractor must first be approved in writing by Landlord. Tenant shall cause its contractors to submit to Landlord an estimate of prior to entering the cost of the proposed work, certified by the architect who prepared such plans Premises certificates and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other endorsements evidencing liability insurance meeting the requirements for Tenant’s commercial generally liability policy set forth in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured Article 10 hereof and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s workers compensation coverage and employer’s liability coveragecoverage as required by law. Prior to the commencement of any construction activityEach commercial general liability policy shall name as additional insureds Landlord, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration’s property manager, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesand Landlord’s Mortgagees.
Appears in 2 contracts
Samples: Office and Warehouse Lease Agreement, Office and Warehouse Lease (Tilly's, Inc.)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesPremises.
Appears in 2 contracts
Samples: Industrial Building Lease (Phoenix Container, Inc.), Industrial Building Lease (Phoenix Container, Inc.)
Alterations. (a) Tenant shall not at any time during the Term of this Lease make any openings no alterations, improvements or additions in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises or any part thereof (individually and collectively, “Alterations”) or any portion thereof without, in each instance, without giving Landlord prior notice of the proposed Alterations and obtaining Landlord’s prior written consent of Landlord thereto, which consent, except as to non-structural or non-systems repairshereinafter provided, shall not be unreasonably withheld, conditioned or delayed; provided, however, Landlord may withhold its consent if it determines, in its sole, but good faith, judgment, that any proposed Alterations would adversely affect any of the structural elements of the Building, the Building’s electrical, plumbing, heating, telecommunications, mechanical or life safety systems, or be visible from or affect the exterior of the Building. Notwithstanding the preceding sentenceforegoing, Tenant may shall be permitted to make non-structural Alterations without obtaining Landlord’s prior written consentcosmetic, provided nonstructural Alterations, additions or improvements entirely within the total interior of the Premises, which do not adversely affect any Building systems, do not require the issuance of any electrical or building permit, and cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and year (“Tenant Permitted Alterations”), as to which Tenant shall be required to give Landlord not less than Fifty Thousand Dollars five ($50,000.005) business days prior written notice, but which Tenant may perform without the requirements of this Paragraph relating to the prior written consent of Landlord (but otherwise without waiving or releasing Tenant from compliance with any of the other provisions of this Article applicable to Alterations). Tenant shall not, without the prior written consent of Landlord in accordance with this Paragraph 12(c), erect or install any exterior or interior window or door signs, or any other type of sign or placard, whether within or outside the aggregate per calendar yearBuilding. No Alteration All signs and placards visible from or attached to any windows or exterior Building elements must comply with the City of Oakland signage requirements applicable to the Project. Any and all signage shall be deemed “Alterations” for all purposes of this Lease. Notwithstanding the foregoing, Tenant shall be permitted to install (i) identity signage at the main entry to the Premises for on each floor on which the Premises is located, subject to compliance with Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable general guidelines relating to signs inside the Building on office-occupancy floors, and (ii) exterior signage subject to Landlord, evidencing workmen’s compensation coverage, reasonable consent provided the same complies with all applicable laws and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesregulations.
Appears in 2 contracts
Samples: Office Lease (ThredUp Inc.), Office Lease (ThredUp Inc.)
Alterations. A. Tenant shall may not at alter (including making any time during penetrations to the Term of this Lease make any openings in the roof or roof, exterior walls of the Building or make any alterationfoundation), addition improve, or improvement add to the Premises (collectively, “Alterations”) Property or any portion thereof without, in each instance, the prior leased premises without Landlord's written consent. Landlord will not unreasonably withhold consent of Landlord which consent, as for the Tenant to make reasonable non-structural alterations. modifications, or non-systems repairsimprovements to the leased premises. B. Tenant may not alter any locks or any security devices on the Property or the leased premises without Landlord's consent. If Landlord authorizes the changing, shall not be unreasonably withheld. Notwithstanding the preceding sentenceaddition, or rekeying of any locks or other security devices, Tenant may make non-structural Alterations without obtaining must immediately deliver the new keys and access devices to Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration C . If a governmental order requires alteration or modification to the Premises for which Landlord’s consent is required shall leased premises, the party obligated to maintain and repair the item to be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate modified or certificates from an insurance company acceptable to Landlordaltered as designated in Paragraph 15 will, evidencing workmen’s compensation coverageat its expense, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person modify or property, on or off alter the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner item in compliance with the order and in compliance with Paragraphs 16A and 17. D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by either party during the term of this lease will become Landlord's property and must be surrendered to Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove under Paragraph 11 or 14 or if the parties agree otherwise in writing. 17. LIENS: Tenant may not do anything that will cause the title of the Property or leased premises to be encumbered in any applicable governmental law, statute, ordinance way. If Tenant causes a lien to be filed against the Property or regulation. Upon completion of any Alteration by Tenant hereunderleased premises, Tenant shall furnish will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of record; or (2) take action to discharge the lien. Tenant will provide Landlord with a copy of the “as built” plans covering such constructionany release Tenant obtains pursuant to this paragraph. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises18.
Appears in 2 contracts
Samples: FlexEnergy Green Solutions, Inc., FlexEnergy Green Solutions, Inc.
Alterations. (a) Tenant may make, with respect to any Site, any non-structural alterations it may desire not exceeding the Annual Alteration Threshold in any 12-month period without Landlord’s prior written consent. Any alterations and additions (1) which will exceed the Annual Alteration Threshold or (2) is structural in nature, shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof withoutrequire, in each instancecase, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld withheld, conditioned or delayed. Any improvements and alterations shall remain the property of Tenant unless paid for by Landlord or purchased by Landlord as noted above as part of the Bowling Equipment; provided, however, such alterations and improvements (bother than the Bowling Equipment) which are not removed by Tenant as the end of the Term shall become Landlord’s property at the expiration or earlier termination of the Lease without further act, deed or payment. All structural and non-structural alterations and additions (i) shall not adversely affect the value, use or operations of a Site for the Permitted Use, (ii) shall be completed in compliance with all laws, codes, rules, regulations and ordinances, and (iii) if performed without Landlord’s prior written consent, shall not adversely affect in any way the structural exterior or roof elements of the Premises (excluding installations installed upon the exterior and roof which do not adversely affect the structural or operating integrity of such item). Tenant shall furnish to Landlord an estimate give prior written notice of the cost of the proposed workany structural alterations, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld additions or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory improvements to Landlord. At Landlord’s option, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which improvement made without Landlord’s consent shall be required shall obtain commercial general liability, workerremoved and the area repaired at Tenant’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases expense at the termination of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesTerm.
Appears in 2 contracts
Samples: Lease I Agreement (Amf Bowling Worldwide Inc), Lease Ii Agreement (Amf Bowling Worldwide Inc)
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Estate from any proposed works to or at the Premises[ or the Estate]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises114]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and115 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent116 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];117 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 2 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls The following is hereby added to Section 11(b) of the Building Original Lease: “Landlord shall have the right of written consent, not to be unreasonably withheld, conditioned or make any alterationdelayed, addition for all plans and specifications for the proposed alterations or improvement to improvements (the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of Alterations, and during the making time for performance of such work, and may impose rules and regulations for contractors and subcontractors performing such work. Tenant shall also supply to Landlord any documents and information reasonably requested by Landlord in connection with Landlord’s consideration of a request for approval hereunder. Tenant shall cause all Alterations to be accomplished in a first-class, good and workmanlike manner, and to comply with all applicable laws. No review or consent by Landlord of or to any proposed Alteration or additional work shall constitute a waiver of Tenant’s obligations under this Section, nor constitute any warranty or representation that the same complies with all applicable laws, for which Tenant shall at all times be solely responsible. Tenant shall pay Landlord a construction supervision fee of five percent (5%) of the cost of the Alterations as Additional Rent hereunder. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord; provided, however, that, subject to the terms below, Landlord may, at Landlord’s option, require that Tenant, at Tenant’s expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with In any applicable governmental lawevent, statuteTenant, ordinance or regulation. Upon completion of any Alteration by Tenant hereundernot Landlord, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantshall, at its sole cost and expense, will make remove all cabling and wiring installed by or on behalf of Tenant at or servicing the Premises. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant’s trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant’s sole expense. In addition to and wholly apart from Tenant’s obligation to pay Tenant’s Pro Rata Share of Operating Expenses, 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 fixtures or personal property, on the Premises which may be necessary by value of Alterations within the act Premises, and on Tenant’s interest pursuant to this Lease, or neglect any increase in any of the foregoing based on such Alterations. To the extent that any other person such taxes are not separately assessed or corporation (public or private)billed to Tenant, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, Tenant shall be submitted pay the amount thereof as invoiced to and approved Tenant by Landlord. Notwithstanding anything to the contrary contained herein, which approval shall not be unreasonably withheld or delayed; so long as Tenant’s written request for consent for a proposed Alteration (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior , the initial Tenant Alterations made to the commencement of Expansion Space) contains the following statement in large, bold and capped font “PURSUANT TO SECTION 11 OF THE LEASE, IF LANDLORD CONSENTS TO THE SUBJECT ALTERATION, LANDLORD SHALL NOTIFY TENANT IN WRITING WHETHER OR NOT LANDLORD WILL REQUIRE SUCH ALTERATION TO BE REMOVED AT THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE.”, at the time Landlord gives its consent for any construction activityAlterations, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationif it so does, Tenant shall provide also be notified whether or not Landlord will require that such Alterations be removed upon the expiration or earlier termination of this Lease. If Tenant’s written notice strictly complies with a written certification the foregoing and if Landlord fails to notify Tenant within twenty (20) days whether Tenant shall be required to remove the subject Alterations at the expiration or earlier termination of this Lease, it shall be assumed that with respect to Tenant’s obligation to remove the Alteration does subject Alterations, Landlord shall not have any adverse environmental impact on require the premisesremoval of the subject Alterations.”
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Tableau Software Inc)
Alterations. Tenant shall not at make or suffer to be made any time during the Term of this Lease make any openings in the roof alterations, additions, or exterior walls improvements to or of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such which Landlord may withhold in its sole discretion, except that Landlord’s consent shall not be required for non-structural Alteration is alterations costing less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars fifty thousand dollars ($50,000.00) in that are not visible from the aggregate per calendar yearexterior of the Premises. No Alteration All alterations, additions, and improvements to the Premises for which Landlord’s consent is required Premises, including but not limited to floor coverings, wall coverings, window coverings, paneling, and built-in cabinet work, but excluding movable furniture, trade fixtures, and other unattached personal property, shall be commenced by Tenant until Tenant has furnished Landlord with on the expiration of the Term become a satisfactory certificate or certificates from an insurance company acceptable part of the realty and belong to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance surrendered with any applicable governmental law, statute, ordinance the Premises whether or regulationnot installed with Landlord’s consent. Upon completion of any Alteration by Tenant hereunderNotwithstanding the foregoing, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantshall, at its sole cost and expense, will make all Alterations on remove any alterations, additions, or improvements designated for removal by Landlord upon written notice given to Tenant within thirty (30) days after the termination of this Lease. If Tenant receives any such designation at least ten (10) days before the termination of this Lease, the removal shall be completed prior to termination. Otherwise the removal shall be completed within ten (10) days after Tenant’s receipt of Landlord’s designation. Tenant shall repair any damage to the Premises caused in connection with the removal of any items pursuant to this article and restore all damaged areas to a condition consistent with the surrounding finish. Landlord’s consent to any alterations, additions, or improvements, when given, shall be deemed to be conditioned upon Tenant acquiring any governmental approvals or permits which may be necessary by the act or neglect of any other person or corporation (public or private)required, except for Landlordall at Tenant’s sole cost and expense. All alterations, its agentsadditions, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, improvements shall be submitted to made by Tenant at Tenant’s sole cost and approved expense by licensed contractors and in compliance with all laws and regulations. If requested by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish provide a Payment and Performance Bond for Landlord Approved Construction over One Hundred Thousand Dollars ($100,000.00). Each contractor must first be approved in writing by Landlord. Tenant shall cause its contractors to submit to Landlord an estimate of prior to entering the cost of the proposed work, certified by the architect who prepared such plans Premises certificates and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other endorsements evidencing liability insurance meeting the requirements for Tenant’s commercial generally liability policy set forth in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured Article 10 hereof and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s workers compensation coverage and employer’s liability coveragecoverage as required by law. Prior to the commencement of any construction activityEach commercial general liability policy shall name as additional insureds Landlord, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration’s property manager, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesand Landlord’s Mortgagees.
Appears in 2 contracts
Samples: Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.)
Alterations. Tenant shall not at make or suffer to be made any time during the Term of this Lease make any openings in the roof alterations, additions, or exterior walls improvements to or of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such which Landlord may withhold in its sole discretion, except that Landlord’s consent shall not be required for non-structural Alteration is alterations costing less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars fifty thousand dollars ($50,000.00) in that are not visible from the aggregate per calendar yearexterior of the Premises. No Alteration All alterations, additions, and improvements to the Premises for which Landlord’s consent is required Premises, including but not limited to floor coverings, wall coverings, window coverings, paneling, and built-in cabinet work, but excluding movable furniture, trade fixtures, and other unattached personal property, shall be commenced by Tenant until Tenant has furnished Landlord with on the expiration of the Term become a satisfactory certificate or certificates from an insurance company acceptable part of the realty and belong to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance surrendered with any applicable governmental law, statute, ordinance the Premises whether or regulationnot installed with Landlord’s consent. Upon completion of any Alteration by Tenant hereunderNotwithstanding the foregoing, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantshall, at its sole cost and expense, will make remove any alterations, additions, or improvements designated for removal by Landlord upon written notice given to Tenant within thirty (30) days after the termination of this Lease. If Tenant receives any such designation at least ten (10) days before the termination of this Lease, the removal shall be completed prior to termination. Otherwise the removal shall be completed within ten (10) days after Tenant’s receipt of Landlord’s designation. Tenant shall repair any damage to the Complex caused in connection with the removal of any items pursuant to this article and restore all Alterations on damaged areas to a condition consistent with the Premises surrounding finish. Landlord’s consent to any alterations, additions, or improvements, when given, shall be deemed to be conditioned upon Tenant acquiring any governmental approvals or permits which may be necessary by the act or neglect of any other person or corporation (public or private)required, except for Landlordall at Tenant’s sole cost and expense. All alterations, its agentsadditions, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, improvements shall be submitted to made by Tenant at Tenant’s sole cost and approved expense by licensed contractors and in compliance with all laws and regulations. If requested by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish provide a Payment and Performance Bond for Landlord Approved Construction over One Hundred Thousand Dollars ($100,000.00). Each contractor must first be approved in writing by Landlord. Tenant shall cause its contractors to submit to Landlord an estimate of prior to entering the cost of the proposed work, certified by the architect who prepared such plans Complex certificates and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other endorsements evidencing liability insurance meeting the requirements for Tenant’s commercial generally liability policy set forth in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured Article 10 hereof and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s workers compensation coverage and employer’s liability coveragecoverage as required by law. Prior to the commencement of any construction activityEach commercial general liability policy shall name as additional insureds Landlord, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration’s property manager, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesand Landlord’s Mortgagees.
Appears in 2 contracts
Samples: Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.)
Alterations. Except for any Permitted Alterations (as defined below), Tenant shall not at any time during the Term of this Lease make any openings in the roof alterations, additions, improvements, or exterior walls of the Building or make any alteration, addition or improvement installations to the Premises (collectivelyPremises, “Alterations”) or attach any portion thereof withoutfixtures or equipment thereto, in each instance, without the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) . Any request by Tenant to make any such alterations or additions shall furnish to Landlord an estimate of the cost of the proposed work, certified in each instance be accompanied by the architect who prepared such plans and specifications; (c) specifications for such alterations and additions in such detail as Landlord shall reasonably require and prepared by an architect/engineer designated by Landlord. Unless otherwise agreed, all contracts for any proposed work such approved alterations and other improvements shall be submitted made by Landlord at Tenant’s sole expense and shall become the property of Landlord and be surrendered with the Premises upon the expiration of this Lease. However, Landlord may, at Landlord’s option and by written notice at the time such alteration, improvement, decoration or furnishing is approved, require Tenant to remove any or all such alterations, improvements (other than the initial Tenant Improvements), decorations, and furnishings pursuant to this Article only, and repair any damage to the Premises resulting from such alterations, upon the expiration or earlier termination of this Lease. All construction work done by Tenant within the Premises shall be performed in good and workmanlike manner, in accordance with the plans and specifications approved by Landlord, which approval in compliance with all governmental requirements, and in such a manner as to cause a minimum of interference with other tenants in the Building. Tenant agrees to indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage. Notwithstanding the foregoing, Tenant shall not be unreasonably withheld or delayed; and have the right to make non-structural, non-MEP (dmechanical, electrical, plumbing) alterations without the consent of Landlord (“Permitted Alterations”), so long as (i) Tenant shall either furnish notifies Landlord in writing of its intention to do such work at least ten (10) days prior to the initiation of such work, (ii) Tenant provides to Landlord a bond in form copy of plans and substance satisfactory specifications for such work, a construction schedule and a list of contractors and subcontractors, which shall be subject to Landlord’s reasonable approval, or (iii) such other security reasonably satisfactory alterations do not cause excessive loads on the Building and its systems and are not visible from the exterior of the Premises, and (iv) Tenant obtains and furnishes to Landlord to insure payment for required building permits and certificates of occupancy, if any are required. At the completion time of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liabilityreview of Tenant’s plans and specifications for Permitted Alterations, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of will notify Tenant whether or not any construction activity, certificates of such insurance coverages shall Permitted Alterations must be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that removed at the Alteration does not have any adverse environmental impact on expiration or termination of the premisesTerm.
Appears in 2 contracts
Samples: Industrial Lease Agreement, Industrial Lease (Wells Real Estate Investment Trust Ii Inc)
Alterations. Tenant Subtenant shall not at make or permit to be made, any time during improvements. additions, or alterations, painting, carpeting or decorations, structural or otherwise, in or to the Term of this Lease make any openings in the roof Sublease Premises or exterior walls of the Building or make any alteration, addition or improvement to the Premises without (collectively, “Alterations”i) or any portion thereof without, in each instance, obtaining the prior written consent of Landlord Sublandlord, which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, conditioned or delayed (provided the total cost of that no such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required for minor alterations that are not structural in nature, including painting, carpeting or decorations), (ii) obtaining the prior written consent of Prime Landlord, such consent to be granted or withheld by Prime Landlord in accordance with the terms of the Prime Lease, and (iii) complying with all the terms and conditions of the Prime Lease related thereto, including without limitation payment of its contractors and obtaining final lien waivers from all contractors. Subtenant shall obtain commercial general liabilitypromptly provide Sublandlord all municipal approvals and any documentation approved by Prime Landlord related to any such improvements, workeradditions or alterations. Additionally, in connection with the undertaking of any such work by Subtenant in the Sublease Premises, (y) Subtenant’s compensation contractors shall comply with any and all rules and regulations with respect thereto promulgated by Sublandlord or Prime Landlord, and (z) Subtenant shall be responsible for any related payments to the Prime Landlord required under the Prime Lease for such other liability insurance in such amounts improvements, additions or alterations. Except as may be reasonably required prohibited by Landlord naming Landlord as an additional insured law, Subtenant shall indemnify Sublandlord and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior hold it harmless from any injury to the commencement Sublease Premises or the Building or loss of life or injury to persons or property in or around the Sublease Premises or the Building resulting from such early occupancy by Subtenant and its contractors. In any construction activityinstance where Sublandlord’s consent or approval is required with respect to Alterations, certificates of such insurance coverages that consent or approval shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide deemed given if the Prime Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premiseshas given its consent or approval.
Appears in 2 contracts
Samples: Sublease Agreement (Zebra Technologies Corp), Sublease Agreement (Zebra Technologies Corp)
Alterations. (a) Tenant shall not at any time during the Term of this Lease make any openings no alterations, additions or improvements in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided and then only by contractors or mechanics approved by Landlord. Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with Landlord’s free access to mechanical installations or service facilities of the total cost Building or interfere with the moving of Landlord’s equipment to or from the enclosures containing said installations or facilities. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations and requirements of all governmental agencies, offices, and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Offices formerly known as the Pacific Fire Rating Bureau, and of any similar body. Before commencing any work, Tenant shall give Landlord at least ten days written notice of the proposed commencement of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence work and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar yearshall, if required by Landlord, secure at Tenant’s own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for said work. No Alteration to Tenant further covenants and agrees that any mechanic’s lien filed against the Premises or against the Building for which work claimed to have been done for, or materials claimed to have been furnished to, Tenant will be discharged by Tenant, by bond or otherwise, within ten days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord may, by written notice to Tenant given at the time Tenant requests Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterationsalteration (provided that Tenant’s request for consent specifically requires Landlord to make an election at the time of giving its consent), require Tenant to remove all partitions, counters, railings and the like installed by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord’s option, shall pay to Landlord all costs arising from such removal. Any Alteration by Tenant hereunder Unless Landlord elects to contract for such service (in which event the cost shall be done included in Operating Expenses), Tenant shall, at Tenant’s sole expense, enter into a good maintenance agreement for the service and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion maintenance of any Alteration HVAC units servicing the Premises with a reputable maintenance service company approved by Tenant hereunder, Landlord. Tenant shall furnish Landlord with a copy copies of all such service contracts, which shall provide that they may not be canceled or changed without at least 30 days’ prior written notice to Landlord. Without limiting the “as built” plans covering such construction. generality of Section 23.2 hereof, if Tenant, at any time during the term of this Lease or any extensions or renewals thereof, fails to enter into, maintain or provide Landlord with copies of such maintenance agreement, or to have such work performed, Landlord shall have the right (but not the obligation), in its sole and absolute discretion, to obtain such maintenance agreement and/or have such work performed, and at Landlord’s option, in its sole and absolute discretion, Tenant shall either reimburse Landlord for the cost of such maintenance agreement or pay the cost of such service directly to the vender, and in either case, Tenant shall pay an administrative fee of ten percent (10%) of the cost of such agreement to Landlord for each instance where Landlord obtains such maintenance agreement on behalf of Tenant, as Additional Rent. Tenant shall, at Tenant’s sole expense, will make enter into a service contract for the washing of all Alterations on windows (both interior and exterior surfaces) in the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by Premise with a licensed architect, shall be submitted to and contractor approved by Landlord, which approval shall not be unreasonably withheld or delayed; contract provides for the periodic washing of all such windows at least once every six (b6) months during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be canceled or changed without at least 30 days’ prior written notice to Landlord. Without limiting the generality of Section 23.2 hereof, if Tenant, at any time during the term of this Lease or any extensions or renewals thereof, fails to enter into, maintain or provide Landlord with copies of such service contract, or to have such work performed, Landlord shall have the right (but not the obligation), in its sole and absolute discretion, to obtain such service contract and/or have such work performed, and at Landlord’s option, in its sole and absolute discretion, Tenant shall either reimburse Landlord for the cost of such service contract or pay the cost of such service directly to the vender, and in either case, Tenant shall pay an estimate administrative fee of ten percent (10%) of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish service contract to Landlord a bond in form and substance satisfactory to Landlordfor each instance where Landlord obtains such service contract on behalf of Tenant, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesAdditional Rent.
Appears in 1 contract
Samples: Lease (Hansen Medical Inc)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof no alterations, additions or exterior walls of the Building or make any alteration, addition or improvement improvements to the Premises (collectivelywithout the prior written consent of Landlord, “Alterations”) which consent shall not be unreasonably withheld for non-structural alterations; provided however, Tenant shall be permitted to make such alterations, additions or any portion thereof without, in each instance, improvements to the Premises without the prior written consent of Landlord which (but upon prior written notice to Landlord) that (i) are decorative or cosmetic in nature (consisting of painting, wall coverings and floor coverings, including carpeting), (ii) do not require Tenant to obtain a building permit in connection therewith; (iii) do not affect the structure of the Building or any operating systems of the Building; (iv) do not violate or render invalid the certificate of occupancy for the Building or the Premises; and (v) the total costs thereof do not exceed $25,000 in the aggregate during any 12 month period. If any such improvement requires approval by or notice to the lessor of a superior lease or the holder of a mortgage, no work shall proceed until such approval has been received or such notice has been given. 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 non-structural or non-systems repairsthe manner, time and contractor for performance of the work. Landlord may require that Tenant enter into an agreement with Landlord for the work to be performed by Landlord's contractor, in which event Tenant shall not be unreasonably withheldpay to Landlord, the cost of construction as incurred by Landlord. Notwithstanding Should Landlord authorize Tenant to perform the preceding sentencework with a contractor approved by Landlord, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentshall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, provided regulations and ordinances. In any event, Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the total cost of such nonthe work. Under no circumstances shall Tenant make any improvement, which incorporates asbestos-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off containing construction materials into the Premises, arising out of . Tenant shall perform all alterations and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done improvements in a diligent, good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion using materials of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and quality reasonably approved by Landlord. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, which approval all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall not become the property of Landlord and shall be unreasonably withheld surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant, require Tenant to remove by the Expiration Date or delayed; sooner termination date of this Lease all or any alterations, decorations, fixtures, additions, improvements and the like installed either by or for Tenant or by Landlord at Tenant's request, and to repair any damage to the Premises arising from that removal. Within thirty (b30) days after completion of Tenant’s alterations, additions or improvements requiring the submission of plans to Landlord, Tenant shall furnish to Landlord an estimate a complete set of the cost of the proposed work, certified by the architect who prepared such “as-built” plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent such alterations, additions or improvements shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required insured by Landlord naming Landlord as an additional insured and providing liability coverage during all phases Tenant pursuant to Article X of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesthis Lease immediately upon completion thereof.
Appears in 1 contract
Samples: Office Lease (Model N, Inc.)
Alterations. 10.1.1 Tenant shall will not at install any time during the Term of this Lease signs, fixtures, improvements, nor make or permit any openings in the roof other alterations or exterior walls of the Building or make any alterationadditions (individually, addition or improvement to the Premises (an “Alteration,” and collectively, the “Alterations”) or any portion thereof without, in each instance, to the Premises without the prior written consent of Landlord Landlord, which consentconsent shall be requested by Tenant not less than thirty (30) days prior to the commencement thereof, as to non-structural or non-systems repairs, and which consent shall not be unreasonably withheld, conditioned or delayed so long as any such Alteration is in compliance with Section 10 of this Lease and does not affect the Building Systems or the structural integrity of the Premises or the Building, and is not visible from the exterior of the Premises. If any such Alteration is expressly permitted by Landlord in writing, Tenant shall deliver at least ten (10) business days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility. In all events, Tenant shall obtain all permits or other governmental approvals and deliver a copy of same to Landlord prior to commencing any of such work. All Alterations shall be at Tenant’s sole cost and expense and shall be installed by a licensed contractor (reasonably approved by Landlord) in compliance with all Legal Requirements (including, but not limited to, the ADA). Tenant shall keep the Premises and the Property free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. In the event that a lien is recorded on the Premises or the Property, Tenant shall have thirty (30) days from the date of recordation to either remove the lien or deliver a bond to Landlord for the lien in an amount equal to 150% of the lien. Failure to do so shall be deemed a Default of this Lease. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and subcontractor(s) to provide proof of insurance as reasonably required by Landlord. Notwithstanding the preceding sentenceforegoing, Tenant may, without Landlord consent, but upon at least thirty (30) days’ prior notice to Landlord, make Alterations which (i) are non-structural, (ii) do not adversely affect the Building systems, (iii) are not changes to the façade of a Building or visible from the exterior of any Building (provided that Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentchanges to the Project site, such as landscaping changes or installation of benches and tables, pursuant to this clause, provided the total cost same meet all of such nonthe other conditions of this clause), (iv) do not require a building permit, and (v) cost, in the aggregate as determined for each rolling twelve-structural Alteration is month period during the Term, less than Twenty Thousand Three and 00/10 Dollars ($20,000.003.00) per occurrence gross square foot of the Premises, which amount shall be increased by two and less than Fifty Thousand Dollars one-half percent ($50,000.002.5%) in each year during the aggregate per calendar yearInitial Term. No Alteration Tenant hereby agrees to the Premises for which provide copies of all plans of such Alterations, regardless of whether Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to required. 10.1.2 Landlord, evidencing workmen’s compensation coverageas part of Landlord's review process for Tenant's Alterations, will identify and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by advise Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by specialized, non-standard leasehold improvements that are beyond typical life science improvements and lab/office ratios in the San Diego market (collectively, “Specialty Alterations”), which Landlord will require that Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantremove, at its Tenant’s sole cost and expense, will make all Alterations on upon the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate expiration of the cost Term or earlier termination of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall this Lease. If an Alteration does not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which require Landlord’s consent under this Article 10, Tenant may request that Landlord provide a determination of whether such Alteration is a Specialty Alteration, which Landlord shall provide to Tenant in writing within ten (10) business days of Tenant’s request and receipt of all plans and other information reasonably requested by Landlord in order to make such determination. Additionally, Tenant shall be required shall obtain commercial general liabilityto repair any damage caused to the Premises by the installation and removal of such items, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s , capping off all such connections behind the walls of the Premises and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coveragerepairing any holes. Prior to During any restoration period beyond the commencement expiration or earlier termination of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationthe Term, Tenant shall provide pay Rent to Landlord as provided herein as if said space were otherwise occupied by Tenant. Landlord may, with respect to Specialty Alterations, by written notice to Tenant given at the time Landlord approves the applicable Specialty Alterations, or given following any earlier termination of this Lease due to a written certification that Tenant Default, require Tenant, at Tenant’s expense, to remove any Specialty Alterations within the Alteration does Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Tenant shall not have otherwise be required to remove any adverse environmental impact on Alterations except as expressly specified in this Section 10.1.2 or in the premises.Work Letter. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any
Appears in 1 contract
Samples: Neurocrine Biosciences Inc
Alterations. Tenant 10.%2.%3.%4. Borrower shall obtain Lender’s prior written consent prior to permitting Mortgage Borrower or Operating Company to perform any alterations to any Improvements, which consent shall be subject to the Deemed Approval Standard, except with respect to alterations that are reasonably likely to have a material adverse effect on Borrower’s, Senior Mezzanine Borrower’s, Mortgage Borrower’s or Operating Company’s financial condition, the value of the Collateral, the Senior Mezzanine Collateral, the Property or the Property’s Net Operating Income. Notwithstanding the foregoing, Lender’s consent shall not be required in connection with any alterations that will not have a material adverse effect on Borrower’s, Senior Mezzanine Borrower’s, Mortgage Borrower’s or Operating Company’s financial condition, the value of the Collateral, the Senior Mezzanine Collateral, the Property or the Property’s Net Operating Income, provided that such alterations are made in connection with (a) tenant improvement work performed pursuant to the terms of any Lease executed on or before the date hereof, (b) tenant improvement work performed pursuant to the terms and provisions of a Lease and not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements, (c) alterations performed in connection with the Restoration of the Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of the Mortgage Loan Agreement, (d) alterations permitted to be performed by Manager (provided Manager is a Non-Affiliated Manager) without the approval of Mortgage Borrower or Operating Company under the terms of the Management Agreement (provided the Management Agreement is a Non-Affiliated Management Agreement), or (e) alterations performed pursuant to an Approved Annual Budget. If the total unpaid amounts due and payable with respect to alterations constituting a single project to the Improvements at the Property (other than such amounts (I) to be paid or reimbursed by Tenants under the Leases (II) for which there are then funds expressly reserved pursuant to the applicable Approved Annual Budget in the Reserve Funds, the Manager-Held Reserves or the Mezzanine Reserve Funds, or (III) to the extent of which (x) Mortgage Lender shall then be holding a Completion Guaranty from Guarantor in accordance with Sections 5.1.21(b) of the Mortgage Loan Agreement, (y) Senior Mezzanine Lender shall then be holding a Completion Guaranty from Guarantor in accordance with Sections 5.1.21(b) of the Senior Mezzanine Loan Agreement, or (z) Lender shall then be holding a Completion Guaranty from Guarantor in accordance with Sections 5.1.21(b)) shall at any time during exceed the Term Threshold Amount, then subject to Section 5.1.21(b)(ii) below, Borrower shall cause Mortgage Borrower to promptly deliver to Lender, upon Lender’s request, as security for the payment of this Lease make such amounts and as additional security for Borrower’s obligations under the Loan Documents any openings in the roof or exterior walls of the Building following: (A) cash, (B) U.S. Obligations (C) other securities having a rating acceptable to Lender and, at Lender’s option, with respect to which the Approved Rating Agencies have provided a Rating Agency Confirmation or make any alteration, addition or improvement (D) a Letter of Credit. Such security shall be in an amount equal to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent excess of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration unpaid amounts with respect to alterations to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations Improvements on the Premises which Property over the Threshold Amount and Lender may be necessary by apply such security from time to time at the act or neglect option of any other person or corporation (public or private), except Lender to pay for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesalterations.
Appears in 1 contract
Samples: Junior Mezzanine Loan Agreement (Ashford Hospitality Prime, Inc.)
Alterations. Tenant shall Except for cosmetic Alterations (such as painting, wall covering and floor covering) that (i) are not at any time during visible from the Term exterior of this Lease make any openings in the roof or exterior walls Premises, (ii) do not affect the structure of the Building or any Building System, (iii) do not require penetrations into the floor, ceiling or walls, and (iv) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any alteration, addition Alterations in or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which without first obtaining Landlord’s consent, as to non-structural or non-systems repairs, which consent shall not be unreasonably withheld. Notwithstanding With respect to any Alterations made by or on behalf of Tenant (whether or not the preceding sentenceAlteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may make non-structural Alterations without obtaining appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written consentapproval of any contractor or subcontractor which approval shall not be unreasonably withheld, provided conditioned, or delayed, (iii) the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord constructed with a satisfactory certificate or certificates from an insurance company acceptable to Landlordnew materials, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner manner, and in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of all Laws and the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefordelivered to, prepared by a licensed architectand, shall be submitted to and if required above, approved by Landlord, which approval shall not be unreasonably withheld withheld, conditioned, or delayed; , (biv) Tenant shall furnish to pay Landlord an estimate all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, but not to exceed ten percent (10%) of the anticipated cost of the proposed workAlteration, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (dv) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which upon Landlord’s consent shall be required shall obtain commercial general liabilityrequest Tenant shall, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall provide be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord with a written certification the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration except for reasonable normal wear and tear. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant. Notwithstanding anything herein to the contrary, Tenant is permitted to make Alterations that (i) are not visible from the exterior of the Premises, (ii) do not affect the structure of the Building or the operation of any Building System, (iii) do not require penetrations into the floor, ceiling or walls, (iv) do not require work within the walls, below the floor, or above the ceiling, and (v) cost less than $5,000 for any particular Alteration does not have any adverse environmental impact on (“Minor Alteration”) without the premisesadvance written consent of the Landlord, provided that Tenant advises Landlord of the Minor Alteration prior to commencing the work.
Appears in 1 contract
Samples: Lease Agreement (Ev3 Inc.)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof alterations, improvements, or exterior walls additions of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”"Alteration") or any portion thereof without, without Landlord's advance written consent in each and every instance, the prior written which consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld; provided, however, that Landlord may, in its sole and absolute discretion, withhold its consent to any Alteration that affects the structure of the Building or any of the Building's systems. Notwithstanding the preceding sentenceforegoing, Tenant may make minor non-structural Alterations without obtaining Landlord’s prior written consentstructural, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars permanent decorations ($20,000.00specifically excluding painting or carpeting) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in without Landlord's prior consent. In the aggregate per calendar year. No Alteration event Tenant desires to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide first submit to Landlord with a plans and specifications therefor and obtain Landlord's written certification that approval thereof prior to commencing any such work. Any contractor hired by Tenant must be properly insured and, if required, licensed. Each and every Alteration, whether temporary or permanent in character, made by Landlord or Tenant in or upon the Premises shall become Landlord's property and shall remain upon the Premises at the expiration or earlier termination of this Lease without compensation to Tenant (excepting only Tenant's movable office furniture, trade fixtures, office and professional equipment) unless Landlord in writing requires Tenant to remove such Alteration does upon expiration of the term of this Lease or any extension period, if extended. Landlord shall serve such writing upon Tenant regarding the removal of an Alteration not have later than ninety (90) days prior to the expiration of the term of this Lease or extension period, if extended, and Tenant shall thereafter remove such Alteration as herein required, repair any adverse environmental impact on damage caused by such removal and restore the premisesPremises to the condition specified in Section 10 of this Lease.
Appears in 1 contract
Alterations. Tenant shall You agree that you will not at any time during the Term of this Lease make any openings in the roof alterations, additions or exterior walls of the Building or make any alteration, addition or improvement improvements to the Premises (collectivelyincluding, “Alterations”without limitation, the roof and wall penetrations) or any portion thereof without, in each instance, without the prior written consent of Landlord (or the consent given in this Lease if some other provision of this Lease expressly grants such consent), which consent, as to non-structural or non-systems repairs, shall consent will not be unreasonably withheld, delayed or conditioned. Notwithstanding If Landlord shall consent to any alterations, additions or improvements proposed by you, you shall construct the preceding sentencesame in accordance with all governmental laws, Tenant ordinances, rules and regulations and all requirements of Landlord's and your insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by you to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements (other than cosmetic alterations) shall be made by Landlord for your account and you shall fully reimburse Landlord for the entire cost thereof. You may, without the consent of Landlord, but at your own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as you may make non-structural Alterations deem advisable, without obtaining altering the basic character of the Building and without overloading the floor or damaging the Building, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, work stations, terminals, cabling, machinery and trade fixtures installed by you or on your behalf may be removed by you prior to the termination of this Lease if you so elect, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord’s prior written consent, provided the total cost of ; upon any such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration removal you agree to repair any damage caused to the Premises for which Landlord’s consent is required by such removal. All such removals and restoration shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building. Notwithstanding the foregoing, you may make without Landlord's prior consent but only after written notice to Landlord, non-structural alterations which, in compliance with the aggregate, do not exceed $50,000. As to any applicable governmental lawalteration that does not require Landlord's consent, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish you will provide Landlord with a copy advance notification of the “as built” plans covering such constructionmaking of the alteration. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval You shall not be unreasonably withheld or delayed; (b) Tenant shall furnish required to Landlord an estimate of remove the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesInterior Modifications.
Appears in 1 contract
Alterations. Without the prior written approval of Landlord, Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement cause to be made to the Premises any additions, renovations, alterations, improvements, reconstructions or changes (collectively, “"Alterations”") or any portion thereof without, (i) costing in each instance, the prior written consent excess of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) 50,000), in the aggregate per for any calendar year. No Alteration to year (ii) affecting the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate structural components, exterior, mechanical systems, fire sprinkler systems, exterior walls, floors, ceilings or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off roof of the Premises, arising out or (iii) requiring or resulting in any penetration of the roof, walls or floor of the Premises. Tenant shall submit to Landlord reasonably detailed plans and during specifications for all proposed Alterations when requesting Landlord's approval of the making proposed Alteration. Landlord shall not unreasonably withhold, condition or delay its approval of such Alterationsplans and specifications. Any Alteration All Alterations installed in compliance with this Section shall remain upon the Premises and shall become Landlord's property upon their installation unless otherwise agreed in writing by Tenant hereunder the parties. All Alterations shall be done in a good and workmanlike manner manner, in compliance conformity with any applicable governmental lawall Applicable Laws. All trade fixtures, statute, ordinance signs and other personal property installed in or regulation. Upon completion of any Alteration attached to the Premises by Tenant hereunder, must be new or like new when so installed or attached. Landlord may require Tenant shall furnish Landlord with to provide demolition and/or lien and completion bonds in a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance amount reasonably satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by give Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: at least twenty (a20) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior days' written notice prior to the commencement of any construction activityAlterations to the Premises. Landlord shall have the right to post notices of non-responsibility and any other notices required or permitted by Applicable Law to avoid liability for any work performed by or on behalf of Tenant. If Tenant makes or causes to be made any Alteration in violation of this Section, certificates then Landlord shall have the right to require Tenant to remove such Alteration and restore the Premises to the condition existing prior to the making of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.
Appears in 1 contract
Alterations. No alterations, additions or improvements shall be made to the Premises or any part thereof by or on behalf of Tenant shall not at any time during without first submitting a detailed description thereof to Landlord and obtaining Landlord’s written approval. Tenant may, however, after prior written notice to the Term of this Lease Landlord, make any openings non-structural or decorative interior alterations which cost in the roof or exterior walls aggregate less than $25,000 per calendar year and which do not involve any building systems (e.g., relocation of systems furniture, installation and modification of data and communications equipment and cabling, repainting, wallcovering and carpeting). Landlord, at Landlord’s option, shall have the right to provide construction management for and on behalf of Tenant at Tenant’s sole expense constituting seven percent (7%) of the Building alteration’s total cost. All alterations, additions or make any improvements made by Tenant and all fixtures attached to the Premises (other than trade fixtures) shall become the property of Landlord and remain at the Premises or, at Landlord’s option, after written notice to Tenant, given by Landlord at the time of Landlord’s approval to such alteration, addition or improvement improvement, any or all of the foregoing which may be designated by Landlord shall be removed at the cost of Tenant before the expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Premises caused by the installation or removal. Notwithstanding anything in this Lease, unless otherwise requested by Landlord in writing, Tenant shall remove all Direct Tenant Work (collectivelydefined at Article 8(b) hereof) and shall repair all damage to the Premises caused by the installation or removal of such Direct Tenant Work. Tenant shall not erect or place, “Alterations”) or cause or allow to be erected or placed, any portion thereof withoutsign, advertising matter, lettering, stand, booth, showcase or other article or matter in each instanceor upon the Premises and/or the building of which the Premises are a part, without the prior written consent of Landlord. Landlord which consent, as to non-structural or non-systems repairs, approves the Tenant’s lobby signage depicted in the Tenant Construction Plans. Tenant shall not be unreasonably withheld. Notwithstanding place weights anywhere beyond the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy safe carrying capacity of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesstructure.
Appears in 1 contract
Alterations. Tenant shall not at make or permit any time during Alterations in, on or about the Term of this Lease make any openings Premises, except for nonstructural Alterations which do not require permits and do not exceed Ten Thousand Dollars ($10,000.00) in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, cost without the prior written consent of Landlord Landlord, and according to plans and specifications approved in writing by Landlord, which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheld. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations shall not, without obtaining Landlord’s the prior written consentconsent of Landlord, provided make any: (i) Alterations to the total cost structure or exterior of such non-structural Alteration is less than Twenty Thousand Dollars the Building; ($20,000.00ii) per occurrence Alterations to and less than Fifty Thousand Dollars penetrations of the roof of the Building; ($50,000.00iii) in Alterations to the aggregate per calendar yearfloor slab of the Premises; and (iv) Alterations visible from outside the Premises, to which Landlord may withhold Landlord's consent on wholly aesthetic grounds. No Alteration Further notwithstanding the foregoing, Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, make any Alterations to the Premises for which Landlord’s consent is required involve the removal and/or construction of interior walls within the Premises. All Alterations shall be commenced installed at Tenant's sole expense, in compliance with all applicable laws and CC&Rs, by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlordlicensed contractor, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner conforming in compliance quality and design with any applicable governmental lawthe Premises existing as of the Rent Commencement Date, statuteand shall not diminish the value of either the Project, ordinance the Building or regulationthe Premises. Upon completion of any Alteration All Alterations made by Tenant hereunder, shall be the property of Tenant shall furnish Landlord with a copy until the expiration or earlier termination of the “as built” plans covering such construction. TenantTerm, at which time such Alterations shall become the property of Landlord if Landlord has, pursuant to the terms of this Lease, elected not to have Tenant remove the Alterations. Landlord, within thirty (30) days after giving its sole cost and consent to any proposed Alterations, shall notify Tenant in writing whether Tenant must at the expiration or earlier termination of the Term, remove, at Tenant's expense, will make any or all Alterations on installed by Tenant and return the Premises which may be necessary by to their condition prior to the act or neglect installation of any other person or corporation (public or private)such Alterations, except for Landlordnormal wear and tear excepted, its agentsand in the event that Landlord fails to notify Tenant as and when required herein, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval then Tenant shall not be unreasonably withheld obligated to remove the Alterations. Landlord, at Landlord's option at the expiration or delayed; (b) Tenant shall furnish to Landlord an estimate earlier termination of the cost of the proposed workTerm, certified by the architect who prepared such plans and specifications; (c) may require Tenant to remove some or all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided Alterations installed without or not requiring Landlord's consent. With regard to Alterations not requiring Landlord. Before commencing any Alteration's consent, Tenant shall provide Landlord with a copies of all plans and specifications therefor prior to the construction thereof. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written certification that the Alteration does not have any adverse environmental impact notice of Tenant's intention to perform work on the premisesPremises, whether or not Landlord's consent is required, at least ten (10) business days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Landlord, at Landlord's option at the expiration or earlier termination of the Term, may require Tenant to remove some or all of any Alterations installed without Landlord's consent.
Appears in 1 contract
Samples: Hiway Technologies Inc
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof no alterations, additions or exterior walls of the Building or make any alterationimprovements (collectively, addition or improvement "ALTERATIONS") to the Premises (collectivelyincluding, “Alterations”without limitation, roof and wall penetrations) or any portion part thereof without, in each instance, without obtaining the prior written consent of Landlord which consentin each instance; provided, as to non-structural or non-systems repairshowever, that Landlord's prior consent shall not be unreasonably withheld. Notwithstanding the preceding sentencerequired for any Alterations that are interior, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is cosmetic changes costing less than Twenty Thousand Dollars $25,000 in each instance that do not require issuance of a building permit ($20,000.00) per occurrence "PERMITTED ALTERATIONS"). Such consent may be granted or withheld in Landlord's reasonable discretion, provided, however, that notwithstanding the foregoing, Landlord may withhold its consent in its sole and less than Fifty Thousand Dollars absolute discretion, to any Alteration that would cause a Design Problem ($50,000.00) in the aggregate per calendar yeardefined below). No Alteration Landlord may impose as a condition to the Premises for which Landlord’s such consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to such requirements as Landlord, evidencing workmen’s compensation coverageacting consistently with Institutional Owner Practices, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person may deem necessary or propertydesirable, on or off the Premisesincluding, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations without limitation that: (a) plans and specifications therefor, prepared by a licensed architect, Landlord shall be submitted to and approved by furnished with working drawings for Landlord, which 's approval shall not be unreasonably withheld or delayedbefore work commences; (b) Tenant Landlord shall furnish reasonably approve the contractor by whom the work is to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specificationsbe performed; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant or Tenant's contractor shall either furnish to Landlord a bond in form obtain adequate course of construction and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent general liability insurance shall be required shall obtain commercial general liability, worker’s compensation in place and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured under the contractor's liability and providing liability coverage during property insurance policies; (e) Tenant shall comply with Landlord's instructions relating to the manner in which the work is to be performed. Tenant shall reimburse Landlord for all phases of construction out-of-pocket costs and expenses incurred by Landlord for any architectural or engineering services reasonably required in connection with any Alterations (including, without limitation: , Landlord's review of the plans, specifications and budget for purposes of determining whether to grant consent to any proposed Alterations) and, if and to the extent reasonable (ataking into account the nature of the Alterations proposed), for out-of-pocket costs incurred for third party supervision of the construction of Alterations. All such alterations, additions or improvements must be performed in a good and workmanlike and first-class manner in compliance with all Applicable Laws and diligently prosecuted to completion. Tenant shall deliver to Landlord, (i) contractor’s prior to commencement of such work, a copy of the building permit and/or any other required governmental approvals or consents with respect thereto, and, (ii) immediately upon completion of the work, a certificate of occupancy, if applicable. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any of the conditions established by Landlord in conjunction with granting such consent, Landlord shall have the right, in addition to and owners protection; without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove all or some of the alterations, additions or improvements at Tenant's sole cost and restore the Premises to the same condition as existed prior to undertaking, constructing or installing the alterations, additions or improvements or if Tenant shall fail to do so, Landlord may cause such removal or restoration to be performed at Tenant's expense and the cost thereof shall be Rent to be paid by Tenant to Landlord immediately upon demand. Landlord shall have the right, by notice provided to Tenant at the time it grants its consent to any Alteration (bor at any time with respect to any Permitted Alterations) blanket contractual liability coverage; to require Tenant, at Tenant's expense, to remove any and all Alterations and to restore the Premises to its prior condition upon the expiration or sooner termination of this Lease. Tenant shall notify Landlord in writing at least ten (c10) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior business days prior to the commencement of any construction activitysuch work in or about the Premises, certificates and Landlord shall have the right at any time and from time to time to post and maintain notices of such insurance coverages non-responsibility in or about the Premises. Upon completion of any Alterations, Tenant agrees to cause a timely Notice of Completion to be recorded in the office of the Recorder of the County of Riverside in accordance with the provisions of Section 3093 of the Civil Code of the State of California or any successor statute, and Tenant shall deliver to the Building management office, within thirty (30) days following completion of the Alterations, a reproducible copy of the "as built" drawings of the Alterations. For purposes of this Lease, a "DESIGN PROBLEM" shall be provided deemed to Landlord. Before commencing exist if any Alterationportion of any Alterations: (i) adversely affects the exterior appearance of the Premises, Tenant shall (ii) adversely affects the Building Operating Systems, (iii) would be reasonably likely to adversely affect the structural soundness of any of the structural elements of the Building, (iv) requires Landlord to provide Landlord additional services (above and beyond those normally provided) to the Premises, (iv) could result in a higher frequency of (or more severe) injuries to persons and/or damage to property, (v) fails to comply with a written certification that the Alteration does not have any adverse environmental impact on the premisesApplicable Laws.
Appears in 1 contract
Alterations. Tenant shall not make or permit to be made any alterations, additions or improvements in, upon or to the Leased Premises, or any part of the Leased Premises, without the prior written consent of Landlord. In the event such consent is obtained, all such alterations, additions or improvements shall be performed at the expense of Tenant and in a good, workmanlike manner, free from faults and defects and in accordance with all applicable laws and building codes and plans and specifications approved by Landlord. Tenant shall not allow any time during construction liens to attach to the Term Leased Premises or Building in connection with any such alteration, and the failure of Tenant to have any such lien released or bonded over within ten (10) days after written notice from Landlord shall constitute a default under this Lease. In addition, Tenant shall indemnify, defend and hold Landlord harmless from any and all costs and expenses incurred by Landlord in connection with such construction liens, including, without limitation, attorneys fees and costs of litigation. All alterations, additions or improvements (except trade fixtures) so made and installed by Tenant shall become part of the realty, shall become the property of Landlord and shall remain for the benefit of Landlord at the end of the term or other expiration of this Lease make in as good condition as they were when installed, reasonable wear and tear excepted; provided, however, that any openings in the roof or exterior walls of the Building or make any such alteration, addition or improvement to remaining at the Premises (collectively, “Alterations”) end of the term or any portion thereof without, in each instance, the prior written consent other expiration of Landlord which consent, as to non-structural or non-systems repairsthis Lease, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced upon demand made by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmenbe removed by Tenant, at Tenant’s compensation coverageexpense, and insurance coverage in amounts satisfactory Tenant shall repair any damage caused by such removal, restoring the Leased Premises to Landlord and protecting Landlord against public liability and property damage its condition prior to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental lawalteration, statute, ordinance addition or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesimprovement.
Appears in 1 contract
Samples: Lease (Clarion Technologies Inc/De/)
Alterations. Tenant shall not make any alterations to the Premises or any other aspect of the Project, without Landlord's prior written consent, which consent Landlord may withhold in its reasonable but subjective discretion. All permitted alterations must be performed in compliance with Landlord's standard rules and regulations regarding alterations. All alterations will become the property of Landlord and will remain upon and be surrendered with the Premises at any time during the end of the Term of this Lease make Lease; provided, however, Landlord may require Tenant to remove any openings in or all alterations at the roof or exterior walls end of the Building Term of this Lease. If Tenant fails to remove by the expiration or make any alterationearlier termination of this Lease all of its personal property, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof withoutalterations identified by Landlord for removal, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantmay, at its option, treat such failure as a hold-over pursuant to Subparagraph 11(b) above, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and/or alterations as abandoned and, at Tenant's sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans expense and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory addition to Landlord's other rights and remedies tinder this Lease, at law or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitationequity: (a) contractor’s remove and owners protectionstore such items; and/or (b) blanket contractual upon ten (10) days' prior notice to Tenant, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Tenant shall be liable for all costs of disposition of Tenant's abandoned property and Landlord shall have no liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverageto Tenant with respect to any such abandoned property. Prior Landlord agrees to apply the commencement proceeds of any construction activitysale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, certificates storage and/or sale of such insurance coverages shall items), with any remainder to be provided paid to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesTenant.
Appears in 1 contract
Samples: Nanosensors Inc
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any Tenant alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without(collectively, "Alterations") without in each instance, the prior written consent of Landlord which consentLandlord; provided, as however, upon notice to, but without the consent of Landlord, Tenant shall have the right to make any Alterations where same are non-structural structural, do not require openings on the roof or non-systems repairsexterior walls of the Improvements, shall do not be unreasonably withheld. Notwithstanding the preceding sentenceaffect any Building system, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars do not exceed FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) in the aggregate per calendar yearin any twelve (12)-month period. No Alteration to the Premises for which Landlord’s 's consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s 's compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterationsalterations, additions or improvements. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “"as built” " plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations Alterations, involving an estimated cost of more than FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00): (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which Landlord (such approval shall not be unreasonably withheld or delayed); (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s 's consent shall be required shall obtain comprehensive/commercial general liability, worker’s 's compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming the Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s 's and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s 's compensation coverage and employer’s 's liability coverage. Prior to ; (e) coverage under the commencement structural work act of any construction activitythe State of Illinois; and (f) environmental liability, certificates of such insurance coverages shall be provided to Landlordif applicable. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesPremises. Prior to the commencement of any construction activity for which Landlord's consent shall be required, certificates of such insurance coverages (and original policies with respect to environmental liability insurance) shall be provided to Landlord.
Appears in 1 contract
Samples: Stericycle Inc
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alterationwill not, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s 's prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) make alterations, additions or improvements in the aggregate per calendar year. No Alteration to or about the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate and will not do anything to or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by will increase the act rate of fire insurance on the Building. Landlord's consent to such alterations, additions or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval improvements shall not be unreasonably withheld or delayed; , but may be conditioned, for example, upon Tenant's removal of the proposed alteration, addition or improvement upon the termination or expiration of this Lease, at Tenant's sole cost and expense and Tenant's obligation to repair any damage to the Building or the Premises caused by said removal. It is expressly understood and agreed that, other than the Tenant Buildout, Landlord is not requiring Tenant to make such improvements to the Premises, and Landlord and Tenant agree that no improvements by Tenant shall be deemed "Improvements," within the meaning of the Florida Construction Lien Law. All contractors, subcontractors, mechanics, laborers, materialmen, and others who perform any work, labor or services, or furnish any materials, or otherwise participate in the improvement of the Premises shall be and are hereby given notice that Tenant is not authorized to subject Landlord's interest in the Building or the Property to any claim for construction, mechanics', laborers' and materialmen's liens, and all persons dealing directly or indirectly with Tenant may not look to the Premises as security for payment. Landlord has recorded a notice of the foregoing in the Public Records of Palm Beach County, Florida, pursuant to the provisions of Section 713.10, Florida Statutes. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making of any such additions, improvements, alterations and/or installations by Tenant. Tenant shall with regard to all improvements and alterations made to or about the Premises, excluding the Tenant Buildout, comply with the building codes, regulations and laws now or hereafter to be made or enforced in the municipality, county and/or state which have jurisdiction over such work. All alterations, additions or improvements of a permanent nature made or installed by Tenant to the Premises shall become the property of Landlord at the expiration of this Lease. Prior to making any alterations, including the Tenant Buildout, Tenant (bi) shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed alteration drawn in compliance with all applicable codes, ordinances and laws and shall not commence any such alteration without first obtaining Landlord's written approval of such plans and specifications, it being understood that Landlord's approval of such plans and specifications shall not be deemed a warranty or representation by Landlord that the plans and specifications for such Tenant Buildout and alterations comply with applicable codes, ordinances and laws, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any government or quasi-governmental bodies and, for all such alterations other than the Tenant Buildout which shall be supervised by Landlord, ensure that all work is performed in strict accordance with the plans and specifications approved by Landlord, and (iii) shall furnish to Landlord an estimate evidence of the cost of the proposed workinsurance for worker's compensation (covering all persons to be employed by Tenant, certified by the architect who prepared and Tenant's contractors and subcontractors in connection with such plans alteration) and specifications; comprehensive public liability (cincluding property damage coverage) all contracts insurance in such form, with such companies, for any proposed work shall be submitted to such periods and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as Landlord may be reasonably require, naming Landlord and its agents as additional insureds. Upon completion of any such alteration other than Tenant Buildout, Tenant, at Tenant's expense, and with respect to Tenant Buildout, Landlord, at Tenant's expense, shall obtain certificates of final approval of such alteration required by any governmental or quasi-governmental bodies, if applicable, and shall furnish Landlord naming Landlord or Tenant, as an additional insured the case may be, with copies thereof. All alterations shall be constructed in a good, workmanlike manner and providing liability coverage during strictly conform to the plans and specifications approved by Landlord; shall be of a quality that equals or exceeds the then current standard for the Building; all phases materials and equipment to be incorporated in the Premises as a result of construction including, without limitation: (a) contractor’s all alterations shall be new and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurancefirst quality; and (d) statutory worker’s compensation coverage and employer’s liability coverageno such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except as provided in Paragraph 11F hereof. Prior Landlord, at its option, may require Tenant to remove any additions installed by Tenant and/or repair any alterations made by Tenant to the commencement Premises, at Tenant's sole cost and expense, if such physical additions and/or alteration (i) were not pre-approved by Landlord in accordance with the provisions of any construction activitythis Subparagraph B; or (ii) the contractor performing such work was not approved of by Landlord in accordance with the provisions of Subparagraph 7D below; or (iii) with respect to alterations other than the Tenant Buildout, certificates the quality of workmanship and/or quality of materials utilized in connection with such insurance coverages shall be provided work do not comply with the standards set forth in this Subparagraph B; or (iv) with respect to such alterations other than the Tenant Buildout such work was not performed substantially in accordance with the plans and specifications approved by Landlord. Before commencing If Landlord elects to require that Tenant remove any Alterationsuch additions or repair any such alterations in accordance with the prior paragraph, Tenant shall provide do so within thirty (30) days of the date Landlord gives Tenant Notice of Landlord's election. If Tenant fails to correct such matters within said thirty (30) day period, Landlord, may, but shall not be obligated to, remove such additions and/or repair such alterations and Tenant shall reimburse Landlord for all costs therefor, plus fifteen percent (15%) to reimburse Landlord for its overhead and construction management services associated therewith. Tenant shall not, at any time prior to or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with any alteration or otherwise, if such employment will unreasonably interfere or cause any material conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant or others. In the event of any such unreasonable interference or material conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately. All alterations to which Landlord has consented shall be at Tenant's sole cost and expense, unless such alterations are Tenant Buildout for which a written certification that the Alteration does not have any adverse environmental impact on the premisesBuildout Allowance (defined below) shall be paid.
Appears in 1 contract
Samples: Office Lease Agreement (Capital Factors Holdings Inc)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement alterations to the Premises (collectivelypremises, “Alterations”) including but not limited to installing aerials, lighting fixtures, dishwashers, washing machines, dryers or any portion thereof without, in each instance, the prior other items without first obtaining written consent of Landlord which consent, as to non-structural or non-systems repairs, permission from Landlord. Tenant shall not be unreasonably withheld. Notwithstanding the preceding sentencechange or install locks, Tenant may make non-structural Alterations paint, or wallpaper said premises without obtaining Landlord’s prior written consent. Tenant shall not place placards, provided signs, or other exhibits in a window or any other place where they can be viewed by other residents or by the total cost public. Landlord will not reimburse Tenant for any alterations done in violation of this section and/or without Landlord’s written consent. When Landlord so requests, Tenant must restore the premises to original condition immediately, or, with Landlord’s written permission, before the Lease end date. SMOKE ALARMS/DETECTORS & FIRE EXTINGUISHERS: Tenant shall not remove any battery from smoke detectors/alarms, or in any other way interfere with the proper functioning of, or disable, said Devices or extinguishers. Tenant shall notify Landlord immediately of a malfunctioning detector/alarm or fire extinguisher. NOISE AND DISRUPTIVE ACTIVITIES: Tenant or their guests and invitees shall not disturb, annoy, endanger or inconvenience other tenants of the building, neighbors, the Landlord or his agents, or workmen nor violate any law, nor commit or permit waste or nuisance in or about the premises. Tenant will be warned, after any first such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) disturbance or act, that any subsequent disturbance or act will result in the aggregate per calendar year. No Alteration to the Premises eviction, except that any disturbance or act, domestic or otherwise, for which Landlord’s consent local or State Police have been called, will result in immediate notice of eviction with no warning required. Tenant agrees to forfeit any security deposit held by Landlord if eviction action is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate for above such disturbances or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterationsacts. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunderFurther, Tenant shall furnish Landlord not do or keep anything in or about the premises that will obstruct the public spaces available to other residents. Lounging or unnecessary loitering on the front steps, public balconies or the common hallways that interferes with a copy the convenience of other residents is prohibited. PETS: No dog, cat, or other four-legged pet or animal of any kind may be kept on or about the premises. If Tenant is found to be in violation of this provision, then this lease will immediately become null and void and Tenant shall relinquish all rights to further occupancy of the “as built” plans covering such constructionpremises. TenantTenant must receive written permission from Landlord to keep a bird or fish on premises. FURNISHINGS: No liquid filled furniture of any kind (water bed, at its sole cost and expense, will make all Alterations on the Premises which etc.) may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact kept on the premises. ABANDONMENT: It shall be deemed a reasonable belief by the Landlord that an abandonment of the premises has occurred where rent has been unpaid for 30 consecutive days and Tenant has been absent from unit for 30 consecutive days.
Appears in 1 contract
Samples: Lease Agreement
Alterations. Tenant shall not at any time during the Term of this Lease make any openings addition to the Premises, alterations to the structural components of the Premises, alterations which affect the mechanical, electrical, plumbing, life safety or other systems in the roof Premises or exterior walls alterations which cost in excess of $150,000.00 either individually or in the Building aggregate over a twelve (12) month period of time ("MAJOR ALTERATIONS") without the advance written consent of Landlord, which consent may be granted or denied at Landlords sole discretion. Tenant may make any alteration, addition or improvement alterations to the Premises which are not Major Alterations (collectively, “Alterations”"MINOR ALTERATIONS") or any portion thereof without, in each instance, without the prior written consent of Landlord which consent, Landlord. (Major Alterations and Minor Alterations are hereinafter collectively referred to as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural "ALTERATIONS".) No Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s 's consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterationsrequired under Section 9.2 hereof. Any Alteration Alterations by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulationLegal Requirements. Upon completion of any Alteration Major Alterations by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “"as built” " plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations Major Alterations: (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which Landlord (such approval shall not be unreasonably withheld or delayed); (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a payment and performance bond from the Contractor in form and substance satisfactory to Landlord, or such other security shall deposit an amount equal to 100% of the cost of completing the Alterations in an escrow reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit ; (e) evidence of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insuranceArticle IX hereof; and (df) statutory worker’s compensation coverage and employer’s liability coverage. Prior such other requirements as Landlord may reasonably require to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlordsatisfied. Before commencing any AlterationMajor Alterations, Tenant shall provide Landlord with a written certification that the Alteration does Major Alterations do not have any materially adverse environmental impact on the premisesPremises. Prior to the commencement of any construction activity for which Landlord's consent shall be required, certificates of such insurance coverages shall be provided to Landlord and renewal certificates shall be delivered to Landlord prior to the expiration date of the respective policies. Notwithstanding the foregoing, no Alterations of any kind shall be made which would (i) change the general design, use, character or structure of the Premises or any part thereof; (ii) decrease the size of the Premises or any part thereof; (iii) reduce or impair, to any material extent, the value, rentability or usefulness of the Premises or constitute waste; or (iv) give to any owner, lessee or occupant of any other property or to any other person or corporation any easement, right-of-way or any other right over the Premises. Any Alterations shall be made with reasonable dispatch and in a good and workmanlike manner and in compliance with all applicable permits and authorizations and buildings and zoning laws and with all other Legal Requirements. If any work does not comply with the provisions of this Lease, Landlord may, by notice to Tenant, require that Tenant stop the work and take steps necessary to cause corrections to be made, or Landlord may, itself, perform the work, at Tenant's cost.
Appears in 1 contract
Samples: Office And (Ha Lo Industries Inc)
Alterations. Tenant shall not at neither install any time during the Term of this Lease signs, fixtures, or improvements, nor make or permit any openings in the roof other alterations or exterior walls of the Building or make any alterationadditions (individually, addition or improvement to the Premises (an “Alteration”, and collectively, “Alterations”) or any portion thereof without, in each instance, to the Premises without the prior written consent of Landlord Landlord, which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheldwithheld so long as any such Alteration does not affect the Building systems, structural integrity or structural components of the Premises or Building. Notwithstanding the preceding sentenceforegoing to the contrary, Tenant may make may, at its sole cost and expense and without Landlord’s written consent, perform interior, non-structural Alterations without obtaining Landlord’s prior written consent, alterations or additions to the Premises provided such alterations or additions do not affect the total structural components of the Building or Building systems and equipment or require any permit or roof penetrations and the cost of such non-structural Alteration is less than Twenty Thousand Dollars (which does not exceed $20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) 100,000 in the aggregate per calendar yearover a 12 month period (the “Permitted Alterations”). No Tenant shall first notify Landlord at least ten (10) days prior to commencing any Permitted Alterations so that Landlord may post a Notice of Non-Responsibility on the Premises. If any such Alteration to the Premises for which is expressly permitted by Landlord’s consent is required , Tenant shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable deliver at least ten (10) days prior written notice to Landlord, evidencing workmenfrom the date Tenant commences construction, sufficient to enable Landlord to post and record a Notice of Non-Responsibility. Tenant shall obtain all permits or other governmental approvals prior to commencing any work and deliver a copy of same to Landlord. All Alterations shall be (i) at Tenant’s compensation coveragesole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done installed by a licensed, insured (and bonded, at Landlord’s option) contractor (reasonably approved by Landlord) in compliance with all applicable Laws, Development Documents, Recorded Matters, and Rules and Regulations and (ii) performed in a good and workmanlike manner in and so as not to obstruct access to any portion of the Project or any business of Landlord or any other tenant. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall neither create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable governmental law, statute, ordinance or regulationLaws. Upon completion of any Alteration by Tenant hereunderAs Additional Rent, Tenant shall furnish reimburse Landlord, within thirty (30) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a copy fee equal to four percent (4%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant shall carry “Builder’s All Risk” insurance, in an amount reasonably approved by Landlord and such other insurance as built” plans covering Landlord may require. All such constructionAlterations shall be insured by Tenant in accordance with Section 12 of this Lease immediately upon completion. Tenant, at its sole cost and expense, will make all Alterations on Tenant shall keep the Premises and the Lot on which may be necessary by the act or neglect Premises are situated free from any liens arising out of any other person work performed, materials furnished or corporation (public obligations incurred by or private)on behalf of Tenant. Tenant shall, except for Landlord, its agents, employees or contractors. Before prior to commencing any Alterations Alterations, (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted cause its contractor(s) and/or major subcontractor(s) to and approved provide insurance as reasonably required by Landlord, which approval shall not be unreasonably withheld or delayed; and (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared provide such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Project from and against any mechanic’s, materialmen’s or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which For Alterations requiring Landlord’s consent, Landlord shall advise Tenant at the time of granting consent if Tenant shall be required shall obtain commercial general liability, worker’s compensation and to remove such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases Alterations at the expiration or earlier termination of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesLease.
Appears in 1 contract
Samples: Lease Agreement (Gsi Group Inc)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof make, or exterior walls of the Building or make permit to be made, any alteration, improvement or addition to, or improvement install, or permit to be installed, any fixture or equipment (other than desk top electrical equipment) in, the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, without the prior written consent of Landlord which consentLandlord; PROVIDED, as to nonHOWEVER, TENANT SHALL HAVE THE RIGHT WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD, TO MAKE NON-structural or non-systems repairsSTRUCTURAL, shall not be unreasonably withheldCOSMETIC ALTERATIONS WITH AN AGGREGATE COST OF LESS THAN TEN THOUSAND DOLLARS )$10,000.00), PROVIDED THAT TENANT NOTIFIES LANDLORD IN WRITING AT LEAST FIVE (5) BUSINESS DAYS IN ADVANCE OF THE NATURE AND EXTENT OF SUCH PROPOSED ALTERATIONS. Notwithstanding the preceding sentenceAll such alterations, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars improvements and additions ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration including all articles attached to the Premises for which Landlord’s consent is required floor, wall or ceiling of the Premises) shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to become the property of Landlord and protecting Landlord against public liability and property damage to any person shall, at Landlord's election, be (a) surrendered with the Premises as part thereof at the termination or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy expiration of the “as built” plans covering such construction. Term, without any payment, reimbursement or compensation therefor, or (b) removed by Tenant, at its sole cost and Tenant's expense, will make with all Alterations on damage caused by such removal repaired by Tenant. Tenant may remove Tenaxx'x xrade fixtures, office supplies, movable office furniture and equipment not attached to the Premises which may be necessary by Building provided such removal is made within five days after the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate expiration of the cost Term, no uncured Event of the proposed work, certified Default has occurred and Tenant promptly repairs all damage caused by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesremoval.
Appears in 1 contract
Samples: Lease Agreement (TRX Inc/Ga)
Alterations. (a) Landlord shall deliver the Premises to Tenant in its "as-is" condition on the Commencement Date. Tenant acknowledges that Landlord shall have no obligation to alter or refurbish the Premises or to construct any improvements or alterations in the Premises for Tenant's benefit. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make suffer to be made any alteration, addition or improvement to or of the Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, (collectively referred to herein as "alterations") without (i) the prior written consent of Landlord Landlord, which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheldwithheld or delayed, (ii) a valid building permit issued by the appropriate governmental authority if required by law, and (iii) otherwise complying with all applicable laws, regulations and requirements of governmental agencies having jurisdiction and with the rules, regulations and requirements of any board of fire underwriters or similar body. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration alterations to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate that are nonstructural and do not affect the electrical, mechanical or certificates from an insurance company acceptable to Landlordheating, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantventilation and/or air conditioning systems, at its Tenant's sole cost and expense, will make in an amount not to exceed Ten Thousand Dollars ($10,000.00) per year, without Landlord's prior written consent, but subject to compliance with all Alterations the other terms and conditions set forth in this Paragraph 8. Landlord's consent to any requested alteration shall not create on the part of Landlord or cause Landlord to incur any responsibility or liability for such alteration's compliance with all laws, rules and regulations of federal, state, county, municipal and other governmental authorities. Any alteration made by Tenant (excluding moveable furniture and trade fixtures not attached to the Premises) shall at once become a part of the Premises which may be necessary by and belong to Landlord. Without limiting the act or neglect of any other person or corporation foregoing, all heating, lighting, electrical (public or privateincluding all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels), except for Landlordair conditioning, its agentspartitioning (other than movable partitions installed by Tenant), employees or contractors. Before commencing any Alterations (a) plans drapery and specifications thereforcarpet installations made by Tenant, prepared by regardless of how attached to the Premises, together with all other alterations that have become an integral part of the Project in which the Premises are a licensed architectpart, shall be submitted and become part of the Premises and belong to Landlord upon installation and approved shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of the lease. If Landlord consents to the making of any alteration by Tenant, the same shall be made by Tenant at its sole risk, cost and expense and only after Landlord's written approval of any contractor or person selected by Tenant for that purpose, which approval shall not be unreasonably withheld or delayed; (b) Tenant delayed and the same shall furnish be made at such time and in such manner as Landlord may reasonably from time to Landlord an estimate of time designate. If the cost of the proposed workany alteration will exceed One Hundred Thousand Dollars ($100,000.00), certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved Tenant shall, if required by Landlord, which approval secure at Tenant's cost a completion and lien indemnity bond for such work. Upon Tenant's written request at the time Landlord consents to any alteration as provided herein, Landlord shall not notify Tenant whether Landlord requires such alteration to be unreasonably withheld or delayed; and (d) removed upon the expiration of the term of this Lease. Unless Landlord has notified Tenant shall either furnish to otherwise at the time Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior consents to the commencement alterations, upon the expiration or sooner termination of the term, Landlord may, at Landlord's sole option, require Tenant, at Tenant's sole cost and expense, to promptly both remove such alterations made by Tenant and repair any construction activitydamage to the Premises caused by such removal, certificates and restore the Premises to the condition that existed prior to such alteration in accordance with all applicable laws, statutes, building codes, and regulations in effect as of the date of such insurance coverages shall be provided to Landlordrestoration. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact Any moveable furniture and equipment or trade fixtures remaining on the premisesPremises at the expiration or other termination of the term shall become the property of the Landlord unless promptly removed by Tenant.
Appears in 1 contract
Samples: Lease (Atmi Inc)
Alterations. Tenant Notwithstanding any provisions of the Lease incorporated herein to the contrary, Subtenant shall not at any time during the Term of this Lease make any openings alterations, improvements or installations in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Subleased Premises (collectively, “Alterations”) or any portion thereof without, without in each instance, instance obtaining the prior written consent of both Landlord which consentand Sublandlord. Subtenant acknowledges that the Landlord and Sublandlord may grant, as withhold or condition its consent in its sole discretion. If Sublandlord and Landlord consent to non-structural any such alterations, improvements or non-systems repairsinstallations, Subtenant shall perform and complete such alterations, improvements and installations at its expenses, in compliance with applicable laws and in compliance with Section 13 and other applicable provisions of the Lease. If Subtenant performs any alterations, improvements or installations without obtaining the prior written consent of both Landlord and Sublandlord, Sublandlord may remove such alterations, improvements or installations, restore the Subleased Premises and repair any damage arising from such a removal or restoration after providing Subtenant with all appropriate notice and cure periods, and Subtenant shall be liable to Sublandlord for all costs and expenses incurred by Sublandlord in the performance of such removal, repairs or restoration. Notwithstanding any terms herein or incorporated herein by reference to the contrary, Subtenant shall not be unreasonably withheld. Notwithstanding the preceding sentenceobligated to pay Sublandlord any review or approval fees, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentany construction management or oversight fees, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) or any other fees in the aggregate per calendar year. No Alteration connection with conducting approved alterations to the Premises for which Landlord’s consent is required Sublease Premises; provided, however, that Subtenant shall reimburse Sublandlord such “review fees”, if any, that may be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory owing to Landlord and protecting Landlord against public liability and property damage pursuant to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in Lease as a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion result of any Alteration attempts by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of Subtenant to undertake any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior alterations to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesSubleased Premises.
Appears in 1 contract
Alterations. Tenant shall not at make or suffer to be made any time during alterations, additions, or improvements, including, but not limited to, the Term attachment of this Lease make any openings in the roof fixtures or exterior walls of the Building equipment in, on, or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion part thereof without, or the making of any improvements in each instance, excess of $5,000.00 non-structural as required by Article 7 without the prior written consent of Landlord Landlord, which consentmay be withheld in Landlord's Reasonable discretion. Any alteration, additions or improvements to be done by Tenant as to non-structural part of Tenant's initial occupancy shall be specified in Exhibit B. Any alteration, addition, or non-systems repairsimprovement in, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration on or to the Premises for which Landlord’s consent is required including carpeting, but excepting movable furniture and personal property of Tenant removable without material damage to the properly or the Premises, shall be commenced and remain the property of Tenant during the Term but shall, unless Landlord elects otherwise, become a part of the 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 as by a bill of sale. 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 improvement by Tenant, at Xxxxxx's sole cost and expense. All alterations, additions or improvements proposed by Tenant until shall be constructed in accordance with all government laws, ordinances, rules and regulations and Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable shall, prior to construction, provide such assurances to Landlord, evidencing workmen’s compensation coverageincluding but not limited to, waivers of lien, surety company performance bonds and insurance coverage personal guaranties of individuals of substance, as Landlord shall require to assure payment of the costs thereof and to protect landlord against any loss from any mechanics', materialmen's or other liens. Tenant shall pay in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage addition to any person sums due pursuant to Article 4 above any increase in real estate taxes attributable to any such alteration, addition, or propertyimprovement for so long, on or off the Premises, arising out of and during the making of Term, as such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulationincrease is ascertainable. Upon completion the expiration or sooner termination of any Alteration by Tenant hereunderthe Term as herein provided, Tenant shall furnish upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with a copy of the “as built” plans covering such construction. Tenantall due diligence, at its sole cost and expense, will make all Alterations on the repair and restore Premises which may be necessary to their original condition, reasonable wear and tear and loss by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared casualty covered by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesArticle 23 excepted.
Appears in 1 contract
Samples: Infiniti Solutions LTD
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any Tenant alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, (collectively "Alterations") without in each instance, the prior written consent of Landlord Landlord; which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheld. Notwithstanding , provided, however, upon notice to, but without the preceding sentenceconsent of Landlord, Tenant may shall have the right to make any Alterations where same are non-structural Alterations without obtaining Landlord’s prior written consentstructural, provided do not require openings on the total cost roof or exterior walls of such non-structural Alteration is less than Twenty Thousand Dollars the Building, do not affect any Building system, and do not exceed TWENTY FIVE THOUSAND AND NO/100 ($20,000.0025,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) DOLLARS in the aggregate per calendar yearin any twelve (12) month period. No Alteration to the Premises for which Landlord’s 's consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to LandlordLandlord in accordance with Article IX hereof, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “"as built” " plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations for which Landlord's approval is required hereunder: (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which Landlord (such approval shall not be unreasonably withheld or delayed); (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesPremises. Prior to the commencement of any construction activity for which Landlord's consent shall be required, certificates of such insurance coverages shall be provided to Landlord and renewal certificates shall be delivered to Landlord prior to the expiration date of the respective policies.
Appears in 1 contract
Samples: Neoforma Com Inc
Alterations. (a) Tenant shall not at any time during make no alterations, additions or improvements in or to the Term Premises without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord. Tenant agrees that there shall be no construction of this Lease make any openings in the roof partitions or exterior walls other obstruction which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or make any alteration, addition interfere with the moving of Landlord's equipment to or improvement to from the Premises (collectively, “Alterations”) enclosures containing said installations or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheldfacilities. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of All such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder work shall be done at such times and in a good such manner as Landlord may from time to time designate. Tenant covenants and workmanlike manner agrees that all work done by Tenant shall be performed in full compliance with any applicable governmental lawall laws, statuterules, ordinance or regulation. Upon completion 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 Offices formerly known as the Pacific Fire Rating Bureau, and of any Alteration by Tenant hereundersimilar body. Before commencing any work, Tenant shall furnish give Landlord with a copy at least ten (10) days written notice of the “as built” plans covering proposed commencement of such construction. work and shall, if required by Landlord, secure at Tenant, at its sole 's own cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private)a completion and lien indemnity bond, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory satisfaction to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of lienssaid work. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant will be discharged by Tenant, by bond or otherwise, within ten (10) days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all contractors engaging wallcovering, built-in any construction activity cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord may, by written notice to Tenant, require Tenant to remove all partitions, counters, railings and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liabilitylike installed by Tenant, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesall costs arising from such removal.
Appears in 1 contract
Samples: Letter Agreement (Ayurcore Inc)
Alterations. Except as otherwise provided herein, after Completion of Tenant’s Work, Tenant shall not at make or cause to be made any time during the Term of this Lease make any openings alterations, additions, renovations, improvements or installations in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Leased Premises (collectively, hereinafter singularly referred to as an “Alteration” and collectively as “Alterations”) or any portion thereof without, in each instance, the without Landlord’s prior written consent of Landlord which consent, as to non-structural or non-systems repairs, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the preceding sentenceforegoing or anything to the contrary contained elsewhere in this Lease, Tenant may make non-structural or cause to be made any Alteration without Landlord’s consent provided that such Alteration does not (a) alter, impair or modify the structure or base Building systems, (b) materially change the floor area, total volume or height of the Building, (c) modify in any material respect the basic character and function of the Building, (d) materially modify the external appearance of the Building, (e) increase the overall square footage of enclosed building space on the Leased Premises or (f) cost in excess of $1,000,000.00 individually or in the aggregate in any 12 month period. Notwithstanding the foregoing, Tenant shall have the right, at any time and from time to time, as often and frequently as Tenant wishes, to make Alterations to the interior of the Building that are cosmetic in nature, including without limitation, painting and carpeting, as Tenant in Tenant’s sole and absolute discretion shall deem necessary or desirable, without the necessity of notifying Landlord thereof or securing Landlord’s permission or consent therefor. In the event of an emergency which threatens life, safety or property, Tenant shall have the right to make all necessary repairs and/or Alterations without obtaining Landlord’s consent which are reasonably required to xxxxx the emergency. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Lease, Tenant shall not install any fencing on the Leased Premises without Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld withheld, conditioned or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.
Appears in 1 contract
Samples: Lease Agreement
Alterations. Tenant Section 8.1 Landlord shall not at any time during make the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement initial improvements to the Premises (collectively, the “AlterationsLandlord’s Work”) in accordance with the terms and conditions contained in the work letter, plans and construction estimate set forth in Exhibit D (the “Work Letter”). The patties agree that Landlord is responsible to pay One Hundred Seventy Five Thousand & 00/100 ($175,000.00) Dollars toward the cost of Landlord’s Work, and that Tenant shall pay the cost of Landlord’s Work in excess of this sum to the contractor prior to Landlord’s payment of the above sum. Other than for the Landlord’s Work, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any portion part thereof withoutexcept as otherwise expressly provided herein or agreed upon in writing by Landlord, in each instanceand the patties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises, the prior written consent of Landlord’s Premises or the Property except as specifically herein set forth in writing and Tenant shall accept the Premises in their “AS-IS, WHERE IS” condition. Landlord which consentshall “Substantially Complete” the Landlord’s Work, as evidenced by delivery to non-structural or non-systems repairsTenant of a certificate executed by the Landlord certifying that the Landlord’s Work has been constructed in substantial accordance with Exhibit D and all Legal Requirements, shall not be unreasonably withheldby no later than the Scheduled Completion Date (as hereinafter defined). Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining in the event that Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary Work would have been Substantially Completed by the Scheduled Completion Date but for any act or neglect omission of Tenant or any other person or corporation (public or private)of its employees, except for Landlord, its agents, employees agents or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor, Tenant’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior changes to the commencement Work Letter or Tenant’s failure to complete any preparatory work which Tenant is responsible to perform (each, a “Tenant Delay”), the Commencement Date shall not be delayed by the term of any construction activity, certificates the Tenant Delay. By taking possession of such insurance coverages shall be provided to Landlord. Before commencing any Alterationthe Premises, Tenant shall provide Landlord with a written certification be deemed to have accepted the Premises as being in good and satisfactory order, condition and repair for its intended use under this Lease except for that portion of the Alteration does not have any adverse environmental impact on Premises that is within the premises.area of the Landlord’s Work. “
Appears in 1 contract
Samples: Lease Agreement (Brooklyn ImmunoTherapeutics, Inc.)
Alterations. (a) Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alterationnot, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, without the prior written consent of Landlord (which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheld), make any alterations, improvements or additions to the Premises. Landlord shall notify Tenant whether it consents to a proposed alteration, improvement or addition (1) within three business days after receipt of all plans, specifications, and other items required by Landlord with respect to an alteration, improvement or addition that will cost less than $10,000 or (ii) within ten (10) days after receipt of all such items with respect to an alteration, improvement or addition that will cost $10,000 or more. If Landlord consents to any alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, Landlord's approval of the contractors to perform the work, contractor's lien waivers, insurance against liabilities which may arise out of such work, plans, specifications and permits necessary for such work and as-build drawings upon completion of such work. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided no consent shall be necessary for any alteration (i) if the total cost of such non-structural Alteration alteration plus the cost of all other such decorative or cosmetic alterations on the particular floor during the preceding twelve (12) month period is less than Twenty Thousand Dollars $1.00 per rentable square foot of the Premises on such floor, ($20,000.00ii) per occurrence that does not require the issuance of a building permit and less than Fifty Thousand Dollars ($50,000.00iii) that does not adversely affect the structural elements of the Building or the base Building mechanical, electrical or plumbing systems, the exterior of the Building, the common areas of the Building or the use by other tenants in the aggregate per calendar yearBuilding of their demised premises. No Alteration to Tenant shall notify Landlord of the Premises for which Landlord’s consent is required shall be commenced performance of any such alteration promptly after completion. All work done by Tenant until Tenant has furnished Landlord or its contractors pursuant to and in accordance with a satisfactory certificate this Paragraph 8, or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder otherwise shall be done in a first-class workmanlike manner, using only good grades of materials and workmanlike manner without disturbing other tenants, shall be done in compliance with any all insurance requirements and all applicable laws or ordinances and rules and regulations of governmental law, statute, ordinance departments or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost agencies and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to done by responsible contractors and subcontractors approved by Landlord, Landlord in advance (which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate whose engagement will not in Landlord's reasonable opinion, and in fact does not, result in any labor dispute at the Building, whether in connection with any construction at the Building, the operation of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld Building or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesotherwise.
Appears in 1 contract
Samples: Office Lease (Sapient Corp)
Alterations. Tenant shall not Subtenant may, from time to time, at any time during its own cost and expense and without the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consentSublandlord, as to make alterations, additions or improvements (collectively herein called "Alterations") of a non-structural nature to the interior of the Sublet Premises whose cost in any one instance is $25,000 or non-systems repairsless, provided Subtenant gives Sublandlord fifteen (15) days prior written notice of any such Alterations. To the extent that Subtenant obtains plans and specifications for any such Alterations whose cost is $25,000 or less, Subtenant shall not be unreasonably withheldprovide Sublandlord with copies of such plans and specifications for Sublandlord's information. Notwithstanding the preceding sentence, Tenant may If Subtenant desires to make any non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy interior of the “as built” plans covering such construction. TenantSublet Premises costing in excess of $25,000 in any one instance, at its sole cost and expense, will make all Alterations on Subtenant must first obtain the Premises which may be necessary by the act or neglect consent of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by LandlordSublandlord thereto, which approval consent by Sublandlord shall not be unreasonably withheld or delayed; (b) Tenant shall furnish . Any request by Subtenant to Landlord an estimate make any non-structural Alterations to the interior of the cost Sublet Premises costing in excess of $25,000 in any one instance shall include written plans and specifications for the Alterations. At the end of the proposed workSublease Term, certified Subtenant may elect to remove or to leave any such Alterations, provided that Subtenant must give Sublandlord written notice of its election as to each Alteration no less than ten (10) months prior to the expiration of the Term. If Subtenant elects to remove any such Alterations, Subtenant's only responsibility upon removal is to repair any damage caused by the architect who prepared such plans removal and specifications; (c) all contracts for any proposed work not to restore the Sublet Premises. All Alterations shall be submitted to done by Sublandlord's designated contractors and approved by Landlordengineers in accordance with the terms and conditions of the Prime Lease. Without limiting the foregoing, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required Subtenant shall obtain commercial general liabilityall necessary licenses and permits, worker’s compensation shall perform all Alterations in accordance with all laws, by-laws, rules, regulations, licenses and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisespermits.
Appears in 1 contract
Samples: Recognition and Attornment Agreement (Microsoft Corp)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make suffer to be made any alteration, addition or improvement to or of the Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, (collectively referred to herein as "alterations") without (i) the prior written consent of Landlord which consentLandlord, as to non-structural (ii) a valid building permit issued by the appropriate governmental authority and (iii) otherwise complying with all applicable laws, regulations and requirements of governmental agencies having jurisdiction and with the rules, regulations and requirements of any board of fire underwriters or non-systems repairs, shall not be unreasonably withheldsimilar body. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided alterations to the total cost of such non-structural Alteration is Premises costing in the aggregate less than Twenty Five Thousand Dollars ($20,000.005,000.00) per occurrence and less than Fifty Thousand Dollars year without the prior written consent of Landlord; provided, however, that ($50,000.00i) no such alterations shall be made to the structural elements or building systems in the aggregate per calendar yearPremises, (ii) Tenant shall give Landlord at least one (1) day written notice of its intent to commence such alterations, and (iii) Tenant shall comply with all other provisions of this paragraph 8 with respect to such alterations, other than the obligation to obtain Landlord's prior written consent thereto. No Alteration Landlord's consent to any requested alteration or agreement to permit alterations without Landlord's consent shall not create on the part of Landlord or cause Landlord to incur any responsibility or liability for such alteration's compliance with all laws, rules and regulations of federal, state, county, municipal and other governmental authorities. Any alteration made by Tenant (excluding moveable furniture and trade fixtures not attached to the Premises) shall at once become a part of the Premises and belong to Landlord. Without limiting 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 attached to the Premises, together with all other alterations that have become an integral part of the Project in which the Premises are a part, shall be and become part of the Premises and belong to Landlord upon installation and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of the lease. Any alterations made by Tenant shall be made by Tenant at its sole risk, cost and expense and only after Landlord's written approval of any contractor or person selected by Tenant for that purpose, and the same shall be made at such time and in such manner as Landlord may from time to time designate. Tenant shall, if required by Landlord, secure at Tenant's cost a completion and lien indemnity bond for such work. Upon the expiration or sooner termination of the term, Landlord may, at its sole option, require Tenant, at Tenant's sole cost and expense, to promptly both remove any such alteration made by Tenant and designated by Landlord to be removed and repair any damage to the Premises caused by such removal, and restore the Premises to the condition that existed prior to such alteration in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such restoration. Tenant improvements originally provided by Landlord shall not be alterations for which Landlord’s consent purposes of this lease. Any moveable furniture and equipment or trade fixtures remaining on the Premises at the expiration or other termination of the term shall become the property of the Landlord unless promptly removed by Tenant. If during the term any alteration, addition or change of the Premises is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate law, regulation, ordinance or certificates from an insurance company acceptable order of any public authority due to LandlordTenant's specific use, evidencing workmen’s compensation coverageoccupancy, and insurance coverage in amounts satisfactory or alteration to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will shall promptly make all Alterations on the same. If during the term any alterations, additions or changes to the Common Area or to the Project in which the Premises which may be necessary is located is required by the act law, regulation, ordinance or neglect order of any other person or corporation (public or private)quasi-public authority, except and it is impractical in Landlord's judgment for Landlordthe affected tenants to individually make such alterations, its agentsadditions or changes, employees Landlord shall make such alterations, additions or contractors. Before commencing any Alterations (a) plans changes and specifications therefor, prepared by a licensed architect, the cost thereof shall be submitted to a common area charge and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish pay its percentage share of such cost to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond as provided in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesparagraph 16.
Appears in 1 contract
Samples: Work Letter Agreement (Integrated Sensor Solutions Inc)
Alterations. Tenant shall not make any alterations to the Premises or any other aspect of the Project, without Landlord's prior written consent, which consent Landlord may withhold in its reasonable but subjective discretion. All permitted alterations must be performed in compliance with Landlord's standard rules and regulations regarding alterations. All alterations will become the property of Landlord and will remain upon and be surrendered with the Premises at any time during the end of the Term of this Lease make Lease; provided, however, Landlord may require Tenant to remove any openings in or all alterations at the roof or exterior walls end of the Building Term of this Lease. If Tenant fails to remove by the expiration or make any alterationearlier termination of this Lease all of its personal property, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof withoutalterations identified by Landlord for removal, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantmay, at its option, treat such failure as a hold-over pursuant to Subparagraph 11(b) above, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and/or alterations as abandoned and, at Tenant's sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans expense and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory addition to Landlord's other rights and remedies under this Lease, at law or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitationequity: (a) contractor’s remove and owners protectionstore such items; and/or (b) blanket contractual upon ten (10) days' prior notice to Tenant, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Tenant shall be liable for all costs of disposition of Tenant's abandoned property and Landlord shall have no liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverageto Tenant with respect to any such abandoned property. Prior Landlord agrees to apply the commencement proceeds of any construction activitysale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, certificates storage and/or sale of such insurance coverages shall items), with any remainder to be provided paid to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesTenant.
Appears in 1 contract
Samples: Exhibit 10 (Softlink Inc)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make suffer to be made any alteration, addition or improvement to or of the Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, (collectively referred to herein as "alterations") without (i) the prior written consent of Landlord (provided that no prior consent shall be required in the case of non- structural improvements costing less than $2,500) and (ii) a valid building permit issued by the appropriate governmental authority. Any alteration made by Tenant (excluding moveable furniture and trade fixtures which consenthave not become an integral part of the building) shall at once become a part of the Premises and belong to Landlord. Without limiting the foregoing, as all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and sub-panels), air conditioning, partitioning, drapery and carpet installations made by Tenant, regardless of how attached to non-structural or non-systems repairsthe Premises, together with all other alterations that have become an integral part of the building of which the Premises are a part, shall be and become part of the Premises and belong to Landlord upon installation and shall not be unreasonably withhelddeemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of this lease. Notwithstanding Any alteration by Tenant shall be made by Tenant at its sole risk, cost and expense. Alterations requiring Landlord's consent shall be made only after Landlord's written approval of any contractor or person selected by Tenant for that purpose. Upon the preceding sentenceexpiration or sooner termination of the term, Landlord may, at its sole option, require Tenant, at Tenant's sole cost and expense, to promptly both remove any such alteration made by Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration Tenant shall repair any damage to the Premises for which Landlord’s consent caused by such removal. Any movable furniture and equipment or trade fixtures remaining on the Premises at the expiration or other termination of the term shall become the property of Landlord unless promptly removed by Tenant. If during the term any alteration, addition or change of the Premises is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statuteregulation, ordinance or regulation. Upon completion order of any Alteration by Tenant hereunderpublic authority, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will shall promptly make all Alterations on the Premises same; provided that as to any such required capital improvement having a useful life of more than one year and which may be necessary is not required by reason of Tenant's specific use of the act or neglect of any other person or corporation (public or private)Premises, except for Landlord shall make such capital improvement and Tenant shall pay to Landlord, its agentsas additional rent and in cash, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate the fraction of the cost of such capital improvement equal to the proposed workremaining term of this lease over the useful life of such capital improvement. If during the term any alteration or change to the Common Area (or to the Project or building in which the Premises is located and it being, certified in Landlord's judgment, impractical for the affected tenants to individually make such alterations, additions or changes) is required by law, regulation, ordinance or order of any public or quasi-public authority, the architect who prepared cost of such plans and specifications; (c) all contracts for any proposed work alteration or change shall be submitted to a Common Area Charge and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish pay its percentage share of said costs to Landlord a bond as provided in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesparagraph 16.
Appears in 1 contract
Alterations. (a) Tenant shall not at any time during make no alterations, additions or improvements in or to the Term of this Lease make any openings in the roof Premises, without Landlord's prior written consent, and then only by contractors or exterior walls mechanics approved by Landlord. Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or make any alteration, addition Project or improvement interfere with the moving of Landlord's equipment to or from the Premises (collectively, “Alterations”) enclosures containing said installations or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheldfacilities. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of All such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder work shall be done at such times and in a good such manner as Landlord may from time to time designate. Tenant covenants and workmanlike manner agrees that all work done by Tenant shall be performed in full compliance with any applicable all laws, rules, orders, ordinances, regulations and requirements of all governmental lawagencies, statuteoffices, ordinance or regulation. Upon completion and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Offices formerly known as the Pacific Fire Rating Bureau, and of any Alteration by Tenant hereundersimilar body. Before commencing any work, Tenant shall furnish give Landlord with a copy at least ten days written notice of the “as built” plans covering proposed commencement of such construction. work and shall, if required by Landlord, secure at Tenant, at its sole 's own cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private)a completion and lien indemnity bond, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of lienssaid work. Tenant further covenants and agrees that all contractors engaging in any construction activity by and mechanic's lien filed against the Premises or against the Building or Project for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liabilitywork claimed to have been done for, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior or materials claimed to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationhave been furnished to, Tenant will be discharged by Tenant, by bond or otherwise, within ten days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all wall-covering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall provide remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord with a may, by written certification that notice to Tenant, require Tenant to remove all partitions, counters, railings and the Alteration does not have any adverse environmental impact on the premiseslike installed by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal.
Appears in 1 contract
Samples: Sublease Agreement (GP Investments Acquisition Corp.)
Alterations. a. Tenant shall not at any time during the Term of this Lease make any openings no alterations, decorations, additions or improvements in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s 's prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar yearthen only by contractors or mechanics approved by Landlord. No Alteration to the Premises for which Landlord’s consent is required Tenant agrees that there shall be commenced by Tenant until Tenant has furnished Landlord no constructions of partitions or other obstructions, which might interfere with a satisfactory certificate Landlord's free access to mechanical installations or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of facilities. All such Alterations. Any Alteration by Tenant hereunder work shall be done at such times and in a good such manner as Landlord may from time to time designate. Tenant covenants and workmanlike manner agrees that all work done by Tenant shall be performed in full compliance with any applicable all laws, rules, orders, ordinances, directions, regulations, and requirements of all governmental lawagencies, statuteoffices, ordinance departments, bureaus and boards having jurisdiction and in full compliance with the rules, orders, directions, regulations, and requirements of the Pacific Fire Rating Bureau, or regulation. Upon completion of any Alteration by Tenant hereundersimilar body. Before commencing any work, Tenant shall furnish give Landlord with a copy at least five (5) days written notice of the “as built” plans covering proposed commencement of such construction. Tenantwork and shall, if required by Landlord, secure at its sole tenant's own cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private)a completion and lien indemnity bond, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of lienssaid work. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, or materials claimed to have been furnished to tenant, will be discharged by Tenant by bond or otherwise, within ten (10) days after the filing thereof, at the cost and expense of Tenant. All alterations, decorations, additions or improvements upon the Premises, made by either party, including (without limiting the generality of the foregoing) all contractors engaging wall covering, built-in cabinet work, paneling, and the like, shall, unless Landlord elects otherwise, become the property of Landlord and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, expect that Landlord may, by written notice to Tenant, given at the time such work is performed, require Tenant to remove all partitions counters, railings, and the like installed by Tenant, and tenant shall repair any construction activity by damage to the Premises arising from such removal or at Landlord's option, shall pay to the Landlord's costs of such removal and for repair. Notwithstanding anything contained in the benefit of foregoing to the contrary, Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction includinghave the right, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior the consent of Landlord, to make certain minor alterations or improvements to the commencement of any construction activityPremises costing in the aggregate not greater than $10,000, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationprovided, however, that Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesnotice of its intent to perform such work in advance of such performance.
Appears in 1 contract
Alterations. Tenant shall not make any alterations to the Premises or any other aspect of the Project, without Landlord's prior written consent, which consent Landlord may withhold in its reasonable but subjective discretion. All permitted alterations must be performed in compliance with Landlord's standard rules and regulations regarding alterations. All alterations will become the property of Landlord and will remain upon and be surrendered with the Premises at the end of the Term o/ this Lease; provided, however, Landlord may require Tenant to remove any time during or all alterations at the end of the Term of this Lease. If Tenant fails to remove by the expiration or earlier termination of this Lease make any openings in the roof or exterior walls all of the Building or make any alterationits personal property, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof withoutalterations identified by Landlord for removal, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantmay, at its option, treat such failure as a hold-over pursuant to Subparagraph 11(b) above, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and/or alterations as abandoned and, at Tenant's sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans expense and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory addition to Landlord's other rights and remedies under this Lease, at law or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitationequity: (a) contractor’s remove and owners protectionstore such items; and/or (b) blanket contractual upon ten (10) days' prior notice to Tenant, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Tenant shall be liable for all costs of disposition of Tenant's abandoned property and Landlord shall have no liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverageto Tenant with respect to any such abandoned property. Prior Landlord agrees to apply the commencement proceeds of any construction activitysale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, certificates storage and/or sale of such insurance coverages shall items), with any remainder to be provided paid to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesTenant.
Appears in 1 contract
Samples: Litronic Inc
Alterations. 18.1. Except for the Tenant Improvements, Tenant shall make no alterations, additions or improvements in or to the Premises or engage in any construction, demolition, reconstruction, renovation, or other work (whether major or minor) of any kind in, at, or serving the Premises (“Alterations”) without Landlord’s prior written approval, which approval Landlord shall not at any time during the Term of this Lease make any openings unreasonably withhold; provided, however, that in the roof event any proposed Alteration affects (a) any structural portions of the Building, including exterior walls, roof, foundation or core of the Building, (b) the exterior walls of the Building or make (c) any alterationBuilding systems, addition or improvement to the Premises (collectivelyincluding elevator, “Alterations”) or any portion thereof withoutplumbing, air conditioning, heating, electrical, security, life safety and power, then Landlord may withhold its approval with respect thereto in each instanceits sole and absolute discretion; and provided, the prior written consent of Landlord which consentfurther, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, that Tenant may make non-structural (w) install Alterations without obtaining whereby the aggregate cost of such Alterations do not exceed One Hundred Thousand Dollars ($100,000) per year, (x) install solar panels on its pro rata share of the Building’s roof for Tenant’s sole use for research and development or for generation of electricity, subject to Landlord’s prior written consent, provided the total cost of such nonwhich Landlord shall not unreasonably withhold, (y) install a UPS/back-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration up generator to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off service the Premises, arising out the size of which and during the location and size of the pad on which it would sit being subject to the prior written approval of the City of Newark and Landlord (Landlord’s approval not to be unreasonably withheld), with Tenant being obligated to remove the generator and pad upon the expiration or earlier termination of this Lease, and (z) install and maintain its own security system (including card readers, cameras and on-site security guards), which Tenant shall remove upon the expiration or earlier termination of the Lease, unless otherwise directed by Landlord in writing at least ninety (90) days prior to the expiration or earlier termination of this Lease. Tenant shall, in making of any such Alterations, use only those architects, contractors, suppliers and mechanics of which Landlord has given prior written approval. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which In seeking Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationapproval, Tenant shall provide Landlord, at least fourteen (14) days in advance of any proposed construction, with plans, specifications, bid proposals, work contracts, requests for laydown areas and such other information concerning the nature and cost of the Alterations as Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesmay reasonably request.
Appears in 1 contract
Samples: Lease (Daystar Technologies Inc)
Alterations. Tenant Borrower shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the obtain Lender’s prior written consent of Landlord which consent, as to non-structural or non-systems repairs, which consent shall not be unreasonably withheld, conditioned or delayed, to any alterations to the Improvements that may have a material adverse effect on Borrower’s or Mortgage Borrower’s financial condition, the use, operation or value of any Individual Property, the Collateral, the Mezzanine A Collateral, any Mortgage Principal’s general partner interest in the related Mortgage Borrower Entity, any Mezzanine A Principal’s general partner interest in the related Mezzanine A Borrower Entity or the net operating income of any Individual Property or the Collateral (an “Alteration”), other than (a) tenant improvement work performed pursuant to the terms of any Lease executed on or before the date hereof, or of any Lease executed subsequent to the date hereof if Lender shall have approved (or shall be deemed to have approved) such Lease pursuant to Section 5.1.17 hereof, (b) tenant improvement work performed pursuant to the terms and conditions of a Lease and not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or (except in the case of customary tenant signage) the exterior of any building constituting a part of any Improvements, (c) alterations performed in connection with the restoration of an Individual Property after the occurrence of a casualty in accordance with the terms and conditions of this Agreement and the Mortgage Loan Agreement or (d) the capital improvements identified in Schedule 5.1.20 annexed hereto. Any approval by Lender of the plans, specifications or working drawings for Alterations of any Individual Property shall not create responsibility or liability on behalf of Lender for their completeness, design, sufficiency or their compliance with Applicable Laws. Lender may condition any such approval upon receipt of a certificate of compliance with Applicable Laws from an independent architect, engineer, or other person reasonably acceptable to Lender. If the total unpaid amounts due and payable with respect to an Alteration to the Improvements of any Individual Property (other than such amounts to be paid or reimbursed by tenants under the Leases or Alterations not requiring approval under clauses (a) through (d) above) shall at any time exceed an amount equal to the lesser of (x) five percent (5%) of the Allocated Loan Amount for such Individual Property and (y) $2,500,000 (the “Threshold Amount”; and any such Alteration a “Material Alteration”), Borrower shall promptly deliver or cause to be delivered to Lender, (i) as security for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents, any of the following: (1) cash, (2) U.S. Obligations, (3) other securities having a rating reasonably acceptable to Lender or, if a Securitization has occurred, the applicable Rating Agencies have confirmed in writing that such securities delivered will not, in and of themselves, result in a downgrade, withdrawal or qualification of the initial, or if higher, the then current ratings assigned in connection with such Securitization, (4) a completion bond and performance bond or (5) a Letter of Credit (the security described in clauses (1) through (5) above being sometimes referred to hereinafter, collectively, as the “Material Alteration Security”), and (ii) if a Securitization has occurred, written confirmation from the applicable Rating Agencies that any such Material Alteration shall not result in the downgrade, withdrawal or qualification of the initial, or, if higher, the current ratings assigned to the Securities in connection with a Securitization. The Material Alteration Security shall be in an amount equal to the excess of (x) the total unpaid amounts with respect to Material Alterations to the Improvements (other than such amounts to be paid or reimbursed by Tenants under Leases or to be paid from Reserve Funds or Alterations not requiring approval under clauses (a) through (d) above) over (y) the Threshold Amount. Upon Borrower’s request therefor, Lender shall disburse any Material Alteration Security that is cash to Borrower to pay for Material Alterations or permit Borrower to partially reduce any non-cash Material Alteration Security for work completed and paid for with respect to Material Alterations from time to time, subject to the same conditions to the release and disbursement of Required Repair Funds. Provided that no Event of Default then exists, upon completion of the Material Alteration, as determined by Lender in its reasonable discretion, Lender shall cancel the Material Alteration Security or disburse or return to Borrower the Material Alteration Security, as applicable. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentBorrower shall be relieved of its obligation to deposit the security for certain alterations described above if either (A) Mortgage Borrower is required to and does deliver such security to Mortgage Lender in accordance with the Mortgage Loan Documents or (B) Mezzanine A Borrower is required to and does deliver such security to Mezzanine A Lender in accordance with the Mezzanine A Loan Documents, provided and in any such case Lender has received evidence reasonably acceptable to Lender of the total cost delivery of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisessecurity.
Appears in 1 contract
Samples: Mezzanine B Loan Agreement (Archstone Smith Operating Trust)
Alterations. Tenant shall will not at any time during the Term of this Lease make or permit anyone to make any openings alterations, decorations, additions, or improvements, structural or otherwise, in or to the roof demised premises or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “"Alterations”") or any portion thereof without, in each instance, without the prior written consent of Landlord which consentLandlord; provided, as to non-structural or non-systems repairshowever, that Landlord's consent shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make required for non-structural Alterations which cost less than $25,000 to perform. All Alterations permitted by Landlord must conform to all rules, regulations, and requirements of the federal, state, and municipal governments, and conform harmoniously with the Building's design and interior decoration. Tenant shall and does hereby indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, or damages to person or property which may or might arise by reason of the making of any Alterations. If any Alteration is made without obtaining Landlord’s the prior written consentconsent of Landlord, provided Landlord may correct or remove the total same, and Tenant shall be liable for any and all expenses incurred by Landlord in the performance of this work. All Alterations made by either party shall, at Landlord's election, immediately become the property of Landlord and shall remain upon and be surrendered with the demised premises as a part thereof at the end of the term hereof without disturbance, molestation, or injury. Should Landlord elect that any Alterations installed by Tenant be removed upon the expiration or termination of this Lease, Tenant shall remove the same at Tenant's sole cost and expense and if Tenant fails to remove the same, Landlord may remove the same at Tenant's expense and Tenant shall reimburse Landlord for the cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence removal together with any and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for all damages which Landlord’s consent is required shall be commenced Landlord may sustain by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making reason of such Alterations. Any Alteration default by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.
Appears in 1 contract
Samples: Office Lease (Radio One Inc)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement alterations to the Premises (collectivelypremises, “Alterations”) including but not limited to installing aerials, lighting fixtures, dishwashers, washing machines, dryers or any portion thereof without, in each instance, the prior other items without first obtaining written consent of Landlord which consent, as to non-structural or non-systems repairs, permission from Landlord. Tenant shall not be unreasonably withheld. Notwithstanding the preceding sentencechange or install locks, Tenant may make non-structural Alterations paint, or wallpaper said premises without obtaining Landlord’s prior written consent. Tenant shall not place placards, provided signs, or other exhibits in a window or any other place where they can be viewed by other residents or by the total cost public. Landlord will not reimburse Tenant for any alterations done in violation of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which this section and/or without Landlord’s consent is required written consent. When Landlord so requests, Tenant must restore the premises to original condition immediately, or, with Landlord’s written permission, before the Lease end date. SMOKE ALARMS/DETECTORS & FIRE EXTINGUISHERS: Tenant shall be commenced by not remove any battery from smoke detectors/alarms, or in any other way interfere with the proper functioning of, or disable, said Devices or fire extinguishers. Tenant until shall notify Landlord immediately of a malfunctioning detector/alarm or fire extinguisher. NOISE AND DISRUPTIVE ACTIVITIES: Tenant has furnished or their guests and invitees shall not disturb, annoy, endanger or inconvenience other tenants of the building, neighbors, the Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlordhis agents, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to or workmen nor violate any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance nor commit or regulationpermit waste or nuisance in or about the premises. Upon completion of any Alteration by Tenant hereunderFurther, Tenant shall furnish Landlord not do or keep anything in or about the premises that will obstruct the public spaces available to other residents. Lounging or unnecessary loitering on the front steps, public balconies or the common hallways that interferes with a copy the convenience of other residents is prohibited. PETS: No dog, cat, or other four-legged pet or animal of any kind may be kept on or about the premises. If Tenant is found to be in violation of this provision, then this lease will immediately become null and void and Tenant shall relinquish all rights to further occupancy of the “as built” plans covering such constructionpremises. TenantTenant must receive written permission from Landlord to keep a bird or fish on premises. FURNISHINGS: No liquid filled furniture of any kind (water bed, at its sole cost and expense, will make all Alterations on the Premises which etc.) may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact kept on the premises. ABANDONMENT: It shall be deemed a reasonable belief by the Landlord that an abandonment of the premises has occurred where rent has been unpaid for 30 consecutive days and Tenant has been absent from unit for 30 consecutive days.
Appears in 1 contract
Samples: Lease Agreement
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make suffer to be made any alteration, addition or improvement to or of the Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, (collectively referred to herein as "alterations") without (i) the prior written consent of Landlord which consentLandlord, as to non-structural (ii) a valid building permit issued by the appropriate governmental authority and (iii) otherwise complying with all applicable laws, regulations and requirements of governmental agencies having jurisdiction and with the rules, regulations and requirements of any board of fire underwriters or non-systems repairs, shall not be unreasonably withheldsimilar body. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) alterations costing in the aggregate per calendar yearless than $10,000 in any one year of the term without the prior written consent of Landlord, provided that Tenant promptly informs Landlord in writing of the nature of the alterations, the cost thereof and the contractor engaged or proposed to be engaged to perform such work, and provided further that all such work complies with clauses (ii) and (iii) above. No Alteration Landlord's consent to any requested alteration shall not create on the part of Landlord or cause Landlord to incur any responsibility or liability for such alteration's compliance with all laws, rules and regulations of federal, state, county, municipal and other governmental authorities. Any alteration made by Tenant (excluding moveable furniture and trade fixtures not attached to the Premises) shall at once become a part of the Premises and belong to Landlord. Without limiting 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 attached to the Premises, together with all other alterations that have become an integral part of the Project in which the Premises are a part, shall be and become part of the Premises and belong to Landlord upon installation and shall not be deemed trade fixtures and, subject to Landlord's right to require removal and restoration as specified herein, shall remain upon and be surrendered with the Premises at the termination of the lease. If Landlord consents to the making of any alteration by Tenant, the same shall be made by Tenant at its sole risk, cost and expense and only after Landlord's written approval of any contractor or person selected by Tenant for that purpose, and the same shall be made at such time and in such manner as Landlord may from time to time designate. Tenant shall, if required by Landlord, secure at Tenant's cost a completion and lien indemnity bond for such work. Upon the expiration or sooner termination of the term, Landlord may, at its sole option, require Tenant, at Tenant's sole cost and expense, to promptly remove any such alteration made by Tenant and designated by Landlord to be removed, repair any damage to the Premises caused by such removal and restore the Premises to their condition prior to Tenant's alteration, normal wear and tear excepted. Any moveable furniture and equipment or trade fixtures remaining on the Premises at the expiration or other termination of the term shall become the property of the Landlord; provided, however, in addition to all other remedies available to Landlord at law or in equity, Landlord may (i) require Tenant to remove same or (ii) remove same at Tenant's cost, and Tenant shall be liable to Landlord for which Landlord’s consent all damages incurred by Landlord related thereto. If during the term any alteration, addition or change of the Premises is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate law, regulation, ordinance or certificates from an insurance company acceptable order of any public authority, due to LandlordTenant's particular use, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person occupancy or property, on or off alteration of the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will shall promptly make all Alterations on the same. If during the term any alteration, addition or change to the Premises which may be necessary is not due to Tenant's particular use, occupancy or alteration of the Premises, to the Common Area, or to the Project in which the Premises is located is required by the act law, regulation, ordinance or neglect order of any other person or corporation (public or private)quasi-public authority, except and it is impractical in Landlord's judgment for Landlordthe affected tenants to individually make such alteration, its agentsaddition or change, employees Landlord shall make such alteration, addition or contractors. Before commencing any Alterations (a) plans change and specifications therefor, prepared by a licensed architect, the cost thereof shall be submitted to a common area charge and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish pay its percentage share of such cost to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond as provided in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesparagraph 16.
Appears in 1 contract
Samples: Lease (Exodus Communications Inc)
Alterations. (a) Tenant shall may not at any time during the Term of this Lease make any openings in the roof improvements or exterior walls of the Building or make any alteration, addition or improvement other alterations to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, without first procuring the prior written consent of Landlord to such Alterations, which consentconsent shall be requested by Tenant not less than thirty (30) days prior to the commencement thereof, as to non-structural or non-systems repairs, and which consent shall not be unreasonably withheldwithheld or delayed by Landlord. Landlord may condition its consent for Alterations requiring Xxxxxxxx’s consent hereunder upon, among other things, its receipt and review of complete plans and specifications for such Alterations. At the time Landlord consents to any Alteration, Landlord shall advise Tenant if such Alterations will be required to removed upon the expiration or earlier termination of the Lease. All Alterations that Xxxxxx has made without the consent of Landlord, shall, at the election of Landlord, either be removed by Xxxxxx at Tenant’s sole expense before the expiration or earlier termination of the Term or remain upon the Premises and be surrendered therewith without disturbance or injury at the Expiration Date or earlier termination of this Lease as the property of Landlord. If Landlord requires the removal of all or part of any Alterations, Tenant, at its expense, shall repair any damage caused by such removal. If Tenant fails to remove any Alterations required to be removed in accordance with this Section 7.3 upon Landlord’s request, then Landlord may (but shall not be obligated to), at Tenant’s cost and without compensation to Tenant, remove them. Landlord’s approval of an Alteration shall not be deemed to be a representation by Landlord that the Alteration complies with Law or will not adversely affect any Building system. If any Alteration requires any change to the base Building, any Building system, or any Common Areas, then such changes shall be made at Tenant’s sole cost and expense and performed, at Landlord’s election, either by Xxxxxx’s contractor or a contractor engaged by Landlord. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentconsent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, provided wallpapering, hanging pictures and installing carpeting; (b) is not visible from the total cost exterior of such non-structural Alteration is less than Twenty Thousand Dollars the Premises or Building; ($20,000.00c) per occurrence and will not affect the base Building; (d) does not require work to be performed inside the walls or above the ceiling of the Premises; (e) costs less than Fifty Thousand and 00/100 Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to within any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation rolling twelve (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a12) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedmonth period; (bf) Tenant shall furnish does not affect any Building systems (including but not limited to Landlord an estimate of electrical, plumbing and fire/life safety systems serving the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedBuilding); and (dg) Tenant shall either furnish to Landlord does not require a bond in form and substance satisfactory to Landlordpermit from the building department or any other municipal department or agency of Henrico County, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liensVirginia. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent Cosmetic Alterations shall be required subject to all the other provisions of this Section 7.3 and Section 7.4 below, to the extent applicable thereto. In addition, Xxxxxx shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required reimburse Landlord for any third-party expenses incurred by Landlord naming Landlord as an additional insured in connection with the review, inspection, and providing liability coverage during all phases coordination of construction including, without limitation: Tenant’s plans for Alternations that are not Cosmetic Alterations and Xxxxxx’s performance thereof (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises“Construction Management Fee”).
Appears in 1 contract
Samples: Purchase and Sale Agreement (LL Flooring Holdings, Inc.)
Alterations. Tenant shall You agree that you will not at any time during the Term of this Lease make any openings in the roof alterations, additions or exterior walls of the Building or make any alteration, addition or improvement improvements to the Premises (collectivelyincluding, “Alterations”without limitation, the roof and wall penetrations) or any portion thereof without, in each instance, without the prior written consent of Landlord Landlord: Tenant: RDM ----------- ------------- Landlord, which consent, as to non-structural or non-systems repairs, shall consent will not be unreasonably withheld, conditioned or delayed. Notwithstanding If Landlord shall consent to any alterations, additions or improvements proposed by you, you shall construct the preceding sentencesame in accordance with all governmental laws, Tenant ordinances, rules and regulations and all requirements of Landlord's and your insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by you to make the same. You may, without the consent of Landlord, but at your own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as you may make non-structural Alterations deem advisable, without obtaining Landlord’s altering the basic character of the Building and without overloading the floor or damaging the Building, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by you may be removed by you prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required termination of this Lease if you so elect, and shall be commenced removed by Tenant until Tenant has furnished Landlord with a satisfactory certificate the date of termination of this Lease or certificates from an insurance company acceptable upon earlier vacating of the Premises if required by Landlord; upon any such removal you agree to Landlord, evidencing workmen’s compensation coverage, restore the Premises to their original condition. All such removals and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder restoration shall be done accomplished in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance so as not to damage the primary structure or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy structural quality of the “as built” plans covering such constructionBuilding. TenantNotwithstanding the foregoing, at its sole cost and expense, will you may make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for without Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory 's prior consent but only after written notice to Landlord, or such other security reasonably satisfactory non-structural alterations which, in the aggregate, do not exceed $50,000. As to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees any alteration that all contractors engaging in any construction activity by and for the benefit of Tenant for which does not require Landlord’s consent shall be required shall obtain commercial general liability's consent, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall you will provide Landlord with a written certification that advance notification of the Alteration does not have any adverse environmental impact on making of the premisesalteration.
Appears in 1 contract
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, Upon the prior written consent of Landlord (which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentconditioned or delayed), provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, may make alterations, additions and improvements in the Premises; provided, that Tenant will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish required to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which obtain Landlord’s consent shall for any alterations, additions or improvements that cost less than $25,000 in the aggregate for any one project. In addition, Landlord will provide a $25,000 allowance in the first year of the Term to for certain Tenant improvements to the Premises. In the performance of such work, Tenant will hold Landlord harmless from any damage, loss or expense, and will comply in all material respects with all laws, ordinance, rules and regulations of any public authority, obtaining all necessary permits, approvals or authorizations. Tenant will not allow any liens to be required shall obtain commercial general liability, worker’s compensation and filed against the Premises; in the event of filing of a lien claim Tenant will promptly take such other liability insurance in such amounts action as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction to remove the lien, including, without limitation: (a) contractor’s , obtaining a bond, if required. All such alterations, additions and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior improvements to the commencement Premises (except trade fixtures) will be the property of Landlord, and will be surrendered with the Premises upon the expiration, cancellation, or prior termination of this Lease. Upon demand by Landlord given at least thirty (30) days prior to the end of the Term, Tenant will remove any alterations, additions or improvements made by Tenant, designated by Landlord to be removed, at Tenant’s sole cost and expense, unless such alterations, additions or improvements had previously been consented to by Landlord. In such event, Tenant will repair any damage to the Premises caused by such removal, and as far as reasonably possible, return the Premises to their condition prior to making of any construction activitysuch alterations, certificates improvements or additions. At the expiration, cancellation, or prior termination of this Lease, Tenant will have the right to remove all trade fixtures located on the Premises, which were installed by the Tenant prior to or after the Effective Date. However, in such event, Tenant will repair all damage caused to the Premises by such installation and removal, returning the Premises, as far as reasonably possible, to their condition prior to installation of such insurance coverages shall trade fixtures. Trade fixtures will not be provided deemed to Landlord. Before commencing include any Alterationheating, air conditioning, ventilation, plumbing or electrical equipment, or other fixtures relating primarily to general usage of the building or Premises, as opposed to fixtures specifically used for the operation of the Tenant’s particular type of business or that were installed by Tenant shall provide Landlord with a written certification that prior to or after the Alteration does not have any adverse environmental impact on the premisesEffective Date.
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Alterations. Except for non-structural Alterations that (i) do not exceed $25,000.00 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls (other than piercing non-structural walls with customary fasteners for the purpose of hanging pictures, shelving and the like), and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not at make or permit any time during the Term of this Lease make any openings Alterations in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior without first obtaining Landlord's written consent of Landlord which consent, as to non-structural or non-systems repairs, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with request Landlord's consent by delivering a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications written request therefor, prepared by a licensed architecttogether with such plans, shall be submitted to specifications and approved by other information as Landlord may reasonably request. Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s 's consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by deemed given unless Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: notifies Tenant otherwise within ten (a10) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to Business Days after the commencement of any construction activity, certificates delivery of such insurance coverages shall be provided written notice and other materials to Landlord. Before With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord's consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant's contractors and subcontractors have adequate insurance coverage naming Landlord and, if requested by Landlord, Liberty Property Trust and any other Affiliate of Landlord reasonably requested by Landlord, as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord's prior written approval of any contractor or subcontractor, such approval not to be unreasonably withheld, conditioned or delayed, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable out of pocket costs and expenses incurred by Landlord in connection with Landlord's review of Tenant's plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary (provided that if Landlord does not undertake the construction of the Alterations on Tenant's behalf, Tenant's obligation to reimburse Landlord for its costs and expenses shall be limited to those reasonable out-of-pocket costs and expenses incurred by Landlord to review Tenant's plans and specifications), and (v) upon Landlord's request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable evidence of Tenant's ability to pay for the Alterations. If Landlord does not respond to any written request made by Tenant to Landlord in accordance with a written certification this Section 12 within ten (10) Business Days after such request is received by Landlord, Landlord shall be deemed to have approved the request. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant's Alteration, excepting only normal wear and tear, casualty damage, or other conditions that Tenant is not required to remedy under this Lease. At Tenant's request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Notwithstanding the foregoing, Tenant shall not be required to remove improvements to the Premises constructed as part of the Tenant's Improvement Work. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the Alteration does installation and removal of them will not have affect any adverse environmental impact on structural portion of the premisesProperty, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 1 contract
Samples: Lease Agreement (Tasty Baking Co)
Alterations. Except as otherwise provided in this Section 8, Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alterationnot, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, without the prior written consent of Landlord (such consent not to be unreasonably withheld, delayed or conditioned), make any alterations, improvements or additions to the Leased Premises, including but not limited to, partitions, wall coverings, floor coverings, and special lighting installations, improvements, or additions, which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheld, conditioned or delayed. Subject to the requirements and limitations as provided in this Section 8, Tenant may at its own cost and expense, make such leasehold improvements to the Leased Premises as are necessary for the operation of Tenant’s business. Tenant shall first submit to Landlord plans and specifications therefore and obtain Landlord’s written approval thereof (such approval not to be unreasonably withheld, delayed or conditioned) prior to commencing any such work. Notwithstanding the preceding sentenceforegoing or anything to the contrary provided herein, Tenant may shall be permitted to make non-structural Alterations any alterations, improvements or additions to the Leased Premises without obtaining Landlord’s prior written consent, provided the total consent of Landlord if the estimated cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than the same does not exceed Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year). No Alteration All alterations, improvements, or additions to the Leased Premises, whether temporary or permanent in character, made by Landlord or Tenant in or upon the Leased Premises for which shall be Landlord’s consent is required property and Tenant shall not have the option to remove the same at or prior to the termination of this Lease, without the express written permission of and agreed upon compensation paid to Landlord. Notwithstanding the foregoing, Tenant shall have the right to remove Tenant’s movable office furniture, trade fixtures, and office and professional equipment and all other items of Tenant's personal property (“Tenant FF&E”) from the Leased Premises at any time at or prior to the termination of this Lease; provided, however, that Landlord shall have the right to require Tenant to remove such Tenant FF&E at Tenant’s cost upon the termination of this Lease. The repair of any damage caused to the Leased Premises as a result of any such removal shall be commenced paid for by Tenant until Tenant has furnished Tenant. The work necessary to make any repairs required pursuant to this Section, or to make any alterations, improvements, or additions to the Leased Premises to which Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlordmay consent pursuant hereto, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done only under written contract approved in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved writing by Landlord, which approval and subject to all conditions Landlord may reasonably impose. Any such consent of the Landlord shall not be unreasonably withheld (or delayed; (b) nor shall such conditions be unreasonably imposed. Tenant shall furnish to Landlord an estimate of promptly pay for the cost of all such work and Tenant shall defend and hold Landlord and the proposed Leased Premises, harmless from all reasonable, documented and out-of-pocket costs, damages, liens for labor, services, or materials relating to such work, certified by and shall defend and hold Landlord harmless from all costs, damages, liens, and expenses related thereto including attorney fees. In the architect who prepared such plans event that Landlord incurs any documented and specifications; (c) all contracts for any proposed out of pocket expenses as a result of Tenant’s work or Tenant’s contractors’ or subcontractors work then Tenant agrees it shall be submitted to and approved by Landlordreimburse Landlord immediately upon demand, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior addition to the commencement of any construction activityRent set forth above, certificates of to the extent such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisescosts are reasonable.
Appears in 1 contract
Samples: Commercial Lease
Alterations. (a) Tenant shall not at any time during make no changes in or to the Term Demised Premises which are of this Lease make any openings in a structural nature or which affect the roof or exterior walls of the Building without Landlord’s prior written consent, which consent may be granted or make any alteration, addition or improvement withheld in its sole discretion. Notwithstanding anything contained herein to the Premises contrary (but subject to the requirements set forth in Paragraph 3 of the printed form portion of this lease), Tenant may, upon prior written notice to, but without requiring the consent of, Landlord, perform non-structural and interior Alteration(s) (as hereinafter defined). Further supplementing Paragraph 3 of the printed form portion of this lease, with respect to any and all alterations, installations, additions and improvements (each, an “Alteration” and collectively, “Alterations”) permitted by Landlord to be performed by or on behalf of Tenant in the Demised Premises (including, without limitation, those non-structural, interior Alterations which do not require Landlord’s prior consent), Tenant will deliver to Landlord certificates evidencing Worker’s Compensation Insurance and Contractor’s General Liability Insurance in the amount reasonably satisfactory to Landlord (but in no event less than the amounts set forth in paragraph 59 herein) prior to the commencement of such work. Any and all Alterations and any portion thereof withoutand all structures or fixtures, except those fixtures described on Exhibit “B” annexed hereto and made a part hereof and/or movable trade fixtures not attached to the realty, installed by or on behalf of Tenant shall be deemed attached to the freehold and automatically become the property of Landlord upon installation, unless Landlord shall elect, in each instancewriting, the prior otherwise (such written notice to be delivered to Tenant with Landlord’s consent of the Alteration(s), if consent is required, or within fifteen (15) days after Tenant’s written notice to Landlord which consentof the Alteration(s), if no consent is required). If Landlord elects to have Tenant remove same at the expiration of the term of this lease, Tenant shall, prior to the expiration or sooner termination of the term of this lease, perform such removal and repair, at its own cost and expense, any damage to the Demised Premises caused by said removal. In no event shall Tenant be required to remove any structures or fixtures installed as to non-structural or non-systems repairs, shall not be unreasonably withheldpart of the Initial Interior Work. Notwithstanding the preceding sentenceforegoing removal requirements, Landlord may, at its option, in lieu of requiring Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentto perform such removal and restoration, provided invoice Tenant for the total good faith estimated cost for performing such work and Tenant shall pay such invoice, as additional rent, within thirty (30) days of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar yearinvoice. No Alteration With respect to the Premises any mechanic’s lien for which Landlord’s consent Tenant is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate responsible for removing or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant bonding hereunder, Tenant shall furnish reimburse Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost for all costs and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required expenses incurred by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction in connection therewith (including, without limitation: (a) contractor, reasonable attorneys fees and disbursements of Landlord and any sums payable to Landlord’s and owners protection; (b) blanket contractual liability coverage; (c) broad lender in connection therewith). Supplementing Paragraph 30 of the printed form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior portion of this lease, in the event Tenant makes any installations, changes, modifications or alterations to the commencement of any construction activitysprinkler systems and/or sprinkler equipment serving the Demised Premises, certificates of such insurance coverages same shall be provided subject to Landlord. Before commencing any Alteration’s supervisory fee of 5% of the cost thereof which shall be payable, Tenant shall provide as additional rent, to Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises(or, at Landlord’s request, to Landlord’s construction affiliate).
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Alterations. Tenant shall be allowed to make reasonable alterations to the Property provided any such alterations are in accordance with all applicable building codes, are approved by Landlord IN WRITING and IN ADVANCE, which approval shall not unreasonably be withheld or delayed. All additions, or improvements affixed to the building by Tenant including carpeting, tile or other floor covering, wall covering, ceiling tile, etc. made with or without Landlord's written consent shall become part of the Property, and the property of Landlord upon installation or shall be removed by Tenant at the expiration or earlier termination of the Lease, at Landlord's election made by Landlord in writing to Tenant within five (5) days of the time any such additions or alterations shall have been approved by Landlord in accordance with this Section 11, or, if such additions or alterations are of a type that do not require Landlord's prior written approval, as provided below, then within five (5) days of written notice to Landlord that Tenant will undertake such additions or alterations, provided that if Landlord shall have failed to make such election, Tenant shall have the right either to remove any such additions or alterations at the end of the Term and, at Tenant's expense, make any restoration or repair required as a consequence of such removal, or to abandon any such additions or improvements, whereupon they shall remain as part of the Property. Trade fixtures and office furniture shall be installed so as to be readily removable without injury to the Property or any injury caused by said removal shall be repaired immediately at Tenant's expense. Said trade fixtures shall be removed from the Property before the end of this Lease or shall be deemed abandoned by Tenant. Tenant shall not at install or maintain any time equipment, partitions, furniture, etc. which the weight or the operation of which would tend to injure or be detrimental to the Property. Notwithstanding the foregoing, Landlord's consent shall not be required with respect to alterations that (a) cost less than $50,000.00 on a per-project basis (which $50,000.00 amount shall be deemed to increase annually during the Term of this Lease make any openings in based upon CPI), (b) do not affect the roof building's systems, structural components, or exterior walls (other than to a de minimus extent), and (c) do not adversely affect the market value or utility of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheldProperty. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining All other alterations require Landlord’s 's prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar yearwhich shall not unreasonably be withheld or delayed. No Alteration to the Premises for which Landlord’s consent is required In any event, all alterations by Tenant shall be commenced by Tenant until Tenant has furnished Landlord performed with a satisfactory certificate or certificates from an insurance company acceptable to Landlorddue diligence, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner consistent with industry standards in the Charleston, South Carolina area for design and construction of first-class office buildings, in compliance with all laws (including any applicable governmental lawXxxxxx Island restrictions), statute, ordinance or regulationand shall be promptly paid for by Tenant. Upon completion of any Alteration All alterations requiring Landlord's approval hereunder shall be made by Tenant hereunder, Tenant shall furnish Landlord with under the supervision of an engineer or architect and by a copy of the “as built” plans covering such construction. Tenant, at its sole cost general contractor and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) pursuant to plans and specifications therefor, prepared by a licensed architect, shall be submitted to and reasonably approved by Landlord. Notwithstanding anything in this Section 11, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) in all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, events Tenant shall provide Landlord with written notice of its intention or desire to make additions or alterations to the Property, such notice to set out in reasonably specific detail the nature and extent of such additions or improvements. In all events, upon request from Landlord, Tenant shall promptly provide to Landlord a written certification that the Alteration does not have copy of Tenant's construction plans, specifications, and budget for any adverse environmental impact on the premisesproposed additions or alterations.
Appears in 1 contract
Alterations. 3. Tenant shall make no changes in or to the demised premises of any nature without Owner’s prior written consent, such approval not at any time during the Term of this Lease make any openings to be unreasonably withheld, delayed or conditioned in the roof or exterior walls accordance with Article 48 of the Building or make any alteration, addition or improvement rider to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, Lease. Subject to the prior written consent of Landlord which consentOwner, as and to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentenceprovisions of this article and Article 48 of the rider, Tenant at Tenant’s expense, may make non-structural Alterations without obtaining Landlord’s prior written consentalterations, provided installation, additions or improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines (unless such utility services or plumbing and electrical lines are located entirely within and serve solely the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00demised premises) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is 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 shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate any governmental or quasi-governmental bodies and (upon completion) certificates from an insurance company acceptable to Landlordof final approval thereof, evidencing workmen’s compensation coverageif required, and insurance coverage in amounts satisfactory shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord Owner and protecting Landlord against public liability Tenant agrees to carry and will cause Tenant’s contractors and subcontractor to carry such xxxxxxx’x compensation, general liability, personal and property damage insurance as Owner may reasonably 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 any person have done for, or propertymaterials furnished to, on Tenant, whether or off not done pursuant to this article, the Premises, arising out of and during the making of such Alterations. Any Alteration same shall be discharged by Tenant hereunder within thirty (30) days after notice thereof to Tenant (which may be served simultaneously with a notice of default under Article 17, below), at Tenant’s expense, by payment or filing a bond as permitted 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 in 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 at the time that Owner consents to such installation, elects to relinquish Owner’s rights thereto and to have them removed by Tenant, in which event, the same shall be done removed from the premises by Tenant prior to the expiration of the lease, at Tenant’s expense. Nothing in a good this article shall be construed to give Owner title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and workmanlike manner in compliance with any applicable governmental lawequipment, statute, ordinance or regulation. Upon completion but upon removal of any Alteration such from the premises or upon removal of other installations as may be required by Tenant hereunderOwner, Tenant shall furnish Landlord with a copy immediately and at its expense, repair and restore the premises substantially to the condition existing prior to installation, wear and tear and casualty excepted, 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 “as built” plans covering such construction. term remaining in the premises, or upon Tenant’s vacating, surrender or removing prior thereto, after Tenant’s removal shall be deemed abandoned and may, at its sole cost and expensethe election of Owner, will make all Alterations on the Premises which either be retained as Owner’s property or may be necessary removed from the premises by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which LandlordOwner at Tenant’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesexpense.
Appears in 1 contract
Samples: Agreement of Lease (American Realty Capital New York Recovery Reit Inc)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make suffer to be made any alteration, addition or improvement to or of the Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, (collectively referred to herein as "alterations") without (i) the prior written consent of Landlord which consentLandlord, as to non-structural (ii) a valid building permit issued by the appropriate governmental authority and (iii) otherwise complying with all applicable laws, regulations and requirements of governmental agencies having jurisdiction and with the rules, regulations and requirements of any board of fire underwriters or non-systems repairs, shall not be unreasonably withheldsimilar body. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided alterations costing in the total cost of such non-structural Alteration is aggregate less than Twenty Five Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.005,000) in any one year of the aggregate per calendar yearterm without the prior written consent of Landlord, provided that Tenant promptly informs Landlord in writing of the nature of the alterations, the cost thereof and the contractor engaged or proposed to be engaged to perform such work, and provided further that all such work complies with clauses (ii) and (iii) above. No Alteration Landlord's consent to any requested alteration shall not create on the part of Landlord or cause Landlord to incur any responsibility or liability for such alteration's compliance with all laws, rules and regulations of federal, state, county, municipal and other governmental authorities. Any alteration made by Tenant (excluding moveable furniture and trade fixtures not attached to the Premises) shall at once become a part of the Premises and belong to Landlord. Without limiting 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 attached to the Premises, together with all other alterations that have become an integral part of the Project in which the Premises are a part, shall be and become part of the Premises and belong to Landlord upon installation and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of the lease. Regardless of whether Landlord's consent is required in connection with the making of any alteration by Tenant, the same shall be made by Tenant at its sole risk, cost and expense and only after Landlord's written approval of any contractor or person selected by Tenant for that purpose, and the same shall be made at such time and in such manner as Landlord may from time to time designate. Tenant shall, if required by Landlord, secure at Tenant's cost a completion and lien indemnity bond for such work. Upon Tenant's request, Landlord shall advise Tenant in writing whether it reserves the right to require Tenant to remove any Alterations from the Premises upon termination of the Lease. Upon the expiration or sooner termination of the term, Landlord may, at its sole option, require Tenant, at Tenant's sole cost and expense, to promptly both remove any such alteration made by Tenant and designated by Landlord to be removed and repair any damage to the Premises for which Landlord’s consent caused by such removal and shall restore the Premises to the surrender condition as provided in paragraph 23 herein. Any moveable furniture and equipment or trade fixtures remaining on the Premises at the expiration or other termination of the term shall become the property of the Landlord unless promptly removed by Tenant. If during the term any alteration, addition or change of the Premises is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statuteregulation, ordinance or regulation. Upon completion order of any Alteration by Tenant hereunderpublic authority, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will shall promptly make all Alterations on the same. If during the term any alterations, additions or changes to the Common Area or to the Project in which the Premises which may be necessary is located is required by the act law, regulation, ordinance or neglect order of any other person or corporation (public or private)quasi-public authority, except and it is impractical in Landlord's judgment for Landlordthe affected tenants to individually make such alterations, its agentsadditions or changes, employees Landlord shall make such alterations, additions or contractors. Before commencing any Alterations (a) plans changes and specifications therefor, prepared by a licensed architect, the cost thereof shall be submitted to a common area charge and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish pay its percentage share of such cost to Landlord an estimate of as provided in paragraph 16. All trade fixtures, personal property and Alterations installed in the cost of the proposed work, certified by the architect who prepared such plans and specifications; Premises at Tenant's expense (c"Tenant's Property") all contracts for any proposed work shall be submitted to deemed Tenant's property and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish be entitled to Landlord a bond in form all depreciation, amortization and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord tax benefits with a written certification that the Alteration does not have any adverse environmental impact on the premisesrespect thereto.
Appears in 1 contract
Samples: Entire Agreement (Novacept Inc)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings Alterations (as defined in the roof Section 9.e. below) in, to or exterior walls of the Building or make any alteration, addition or improvement to upon the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, without the prior written consent of Landlord in each instance, which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheld. Notwithstanding withheld with respect to proposed Alterations which (i) are not structural in nature, (ii) do not affect the preceding sentenceBase Building Components, Tenant may make non-structural Alterations without obtaining (iii) are, in Landlord’s prior written consent's opinion, provided compatible with the total cost Building in which the applicable portion of such non-structural Alteration the Premises is less than Twenty Thousand Dollars located and the balance of the Property, and the Building's mechanical, plumbing, electrical, heating/ventilation/air conditioning, communication, security and fire and other life safety systems ($20,000.00) per occurrence collectively, the "Building Systems"), and less than Fifty Thousand Dollars ($50,000.00iv) in Landlord's opinion will not interfere with the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, use and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect occupancy of any other person portion of the Building or corporation the Property by any other tenant or permitted occupant thereof. Tenant shall give Landlord not less than ten (public or private), except for Landlord, its agents, employees or contractors. Before commencing 10) days' prior written notice of any Alterations (a) plans and specifications therefor, prepared by a licensed architect, Tenant desires to make. Any Alterations as to which Landlord shall consent shall be submitted to and made only by contractors approved in advance, in writing by Landlord, which approval shall not be unreasonably withheld withheld; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform any work relating to or delayed; (b) affecting the Building Systems or the Base Building Components. Tenant shall furnish comply with all Legal Requirements applicable to each Alteration and, except as to Cosmetic Alterations (as defined below) shall deliver to Landlord an estimate a complete set of "as built" plans and specifications for each Alteration. Any work to the balance of the Building or Property (required by Legal Requirements or otherwise) related to or affected or triggered by Tenantis Alterations shall be performed by Tenant at Tenantis expense (or, at Landlordis election, Landlord may perform such work at Tenantis expense). Tenant shall be solely responsible for maintenance and repair of all Alterations made by Tenant. Tenant shall pay Landlord on demand (whether prior to or during the course of construction ) an amount (the "Alterations Fee") equal to [...***...] of the total cost of each Alteration (and for purposes of calculating the Alterations Fee, such cost shall include architectural and engineering fees, but shall not include permit fees) up to a total cost of $[...***...], and [...***...] of such total cost over $[...***...], as compensation to Landlord for miscellaneous costs incurred by Landlord in connection with the Alteration; provided, however, that no Alterations Fee shall be payable for Cosmetic Alterations or the Tenant Improvements. In addition, except as to Cosmetic Alterations, Tenant shall reimburse Landlord for all reasonable third party fees paid by Landlord in connection with reviewing the proposed workAlterations (whether or not the proposed Alterations are ultimately approved by Landlord or made by Tenant), certified by the architect who prepared such including, without limitation, Landlord's architectural and engineering fees. All Alterations shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications; (c) all contracts for any proposed work shall be submitted to and specifications approved by Landlord, which approval and shall not be unreasonably withheld or delayed; comply with all Legal Requirements and Landlord's construction procedures and requirements for the Building (d) including Landlord's requirements relating to insurance and contractor qualifications and scheduling of the work). Notwithstanding the foregoing, Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for have the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction includingright, without limitation: Landlord's consent, to make any Alteration to the Premises, provided that the Alteration (a) contractor’s and owners protection; is decorative in nature (such as paint, carpet or other wall or floor finishes, partitions or other such work), (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on affect the premises.Base Building ------------------- * Confidential Treatment Requested
Appears in 1 contract
Samples: Lease (Lynx Therapeutics Inc)
Alterations. Tenant shall be allowed to make reasonable alterations to the Property provided any such alterations are in accordance with all applicable building codes, are approved by Landlord IN WRITING and IN ADVANCE, which approval shall not unreasonably be withheld or delayed. All additions, or improvements affixed to the building by Tenant including carpeting, tile or other floor covering, wall covering, ceiling tile, etc. made with or without Landlord's written consent shall become part of the Property, and the property of Landlord upon installation or shall be removed by Tenant at the expiration or earlier termination of the Lease, at Landlord's election made by Landlord in writing to Tenant within five (5) days of the time any such additions or alterations shall have been approved by Landlord in accordance with this Section 11, or, if such additions or alterations are of a type that do not require Landlord's prior written approval, as provided below, then within five (5) days of written notice to Landlord that Tenant will undertake such additions or alterations, provided that if Landlord shall have failed to make such election, Tenant shall have the right either to remove any such additions or alterations at the end of the Term and, at Tenant's expense, make any restoration or repair required as a consequence of such removal, or to abandon any such additions or improvements, whereupon they shall remain as part of the Property. Trade fixtures and office furniture shall be installed so as to be readily removable without injury to the Property or any injury caused by said removal shall be repaired immediately at Tenant's expense. Said trade fixtures shall be removed from the Property before the end of this Lease or shall be deemed abandoned by Tenant. Tenant shall not at install or maintain any time equipment, partitions, furniture, etc. which the weight or the operation of which would tend to injure or be detrimental to the Property. Notwithstanding the foregoing, Landlord's consent shall not be required with respect to alterations that (a) cost less than $50,000.00 on a per-project basis (which $50,000.00 amount shall be deemed to increase annually during the Term of this Lease make any openings in based upon CPI), (b) do not affect the roof building's systems, structural components, or exterior walls (other than to a de minimus extent), and (c) do not adversely affect the market value or utility of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheldProperty. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining All 10 <PAGE> other alterations require Landlord’s 's prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar yearwhich shall not unreasonably be withheld or delayed. No Alteration to the Premises for which Landlord’s consent is required In any event, all alterations by Tenant shall be commenced by Tenant until Tenant has furnished Landlord performed with a satisfactory certificate or certificates from an insurance company acceptable to Landlorddue diligence, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner consistent with industry standards in the Charleston, South Carolina area for design and construction of first-class office buildings, in compliance with all laws (including any applicable governmental lawXxxxxx Island restrictions), statute, ordinance or regulationand shall be promptly paid for by Tenant. Upon completion of any Alteration All alterations requiring Landlord's approval hereunder shall be made by Tenant hereunder, Tenant shall furnish Landlord with under the supervision of an engineer or architect and by a copy of the “as built” plans covering such construction. Tenant, at its sole cost general contractor and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) pursuant to plans and specifications therefor, prepared by a licensed architect, shall be submitted to and reasonably approved by Landlord. Notwithstanding anything in this Section 11, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) in all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, events Tenant shall provide Landlord with written notice of its intention or desire to make additions or alterations to the Property, such notice to set out in reasonably specific detail the nature and extent of such additions or improvements. In all events, upon request from Landlord, Tenant shall promptly provide to Landlord a written certification that the Alteration does not have copy of Tenant's construction plans, specifications, and budget for any adverse environmental impact on the premisesproposed additions or alterations. 12.
Appears in 1 contract
Samples: Lease Agreement
Alterations. Tenant shall not at make (or permit to be made) any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alterationchange, addition or improvement to the Premises (collectivelyincluding, “Alterations”) or any portion thereof without, in each instancewithout limitation, the attachment of any fixture or equipment) unless such change, addition or improvement (a) equals or exceeds the Building Standard and utilizes only new and first-grade materials, (b) is in conformity with all legal requirements, and is made after obtaining any required permit and licenses, (c) is made void prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, (d) is made pursuant to plans and insurance coverage specification approved in amounts satisfactory to writing in advance by Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and an architect approved in writing in advance by Landlord, which approval shall not be unreasonably withheld or delayed; (be) is made after Tenant shall furnish has provided to Landlord an estimate of the cost of the proposed worksuch indemnification, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved insurance, and/or bonds requested by Landlord, which approval shall not be unreasonably withheld or delayed; including, without limitation, a performance and (d) Tenant shall either furnish to Landlord a completion bond in such form and substance satisfactory to Landlord, or such other security reasonably amount as may be satisfactory to Landlord to protect against claims and lien for labor performed and materials furnished, and to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging any change, addition or improvement, (f) is carried out by persons approved in any construction activity writing by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liabilityLandlord who, worker’s compensation and such other liability insurance in such amounts as may be reasonably if required by Landlord, deliver to Landlord naming before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured insured, and providing liability coverage during (g) is done only at such time and in such manner as Landlord may reasonably specify. All such alterations, improvements and additions (including all phases articles attached to the floor, wall or ceiling of construction includingthe Premises) shall become the property of Landlord and shall at Landlords election, be (1) surrendered with the Premises as part thereof at the termination or expiration of the Term, without limitation: any payment, reimbursement or compensation therefor, or (a2) contractor’s 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 owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior equipment not attached to the commencement Building, provided such removal is made prior to the expiration of any construction activitythe term, certificates no uncured Event of Default has occurred and Tenant promptly repairs all damage caused by such insurance coverages shall be provided to Landlord. Before commencing any Alterationremoval, Tenant shall provide indemnify, defend and hold harmless Landlord with from and against all liens, claim, damages, losses, liabilities and expenses, including attorneys' fees, which may arise out of, or be connected in way with, any such change, addition or improvement. Within ten (10) days following the imposition of any lien resulting from any such change, addition or improvement, Tenant shall cause such lien to be released of record by payment of money or posting of a written certification that the Alteration does not have any adverse environmental impact on the premisesproper bond.
Appears in 1 contract
Alterations. (a) Tenant shall not at any time during make no changes in or to the Term Demised Premises which are of this Lease make any openings in a structural nature or which affect the roof or exterior walls of the Building without Landlord’s prior written consent, which consent may be granted or make any alteration, addition or improvement withheld in its sole discretion. Notwithstanding anything contained herein to the Premises contrary (but subject to the requirements set forth in Paragraph 3 of the printed form portion of this lease), Tenant may, upon prior written notice to, but without requiring the consent of, Landlord, perform non-structural and interior Alteration(s) (as hereinafter defined). Further supplementing Paragraph 3 of the printed form portion of this lease, with respect to any and all alterations, installations, additions and improvements (each, an “Alteration” and collectively, “Alterations”) permitted by Landlord to be performed by or on behalf of Tenant in the Demised Premises (including, without limitation, those non-structural, interior Alterations which do not require Landlord’s prior consent), Tenant will deliver to Landlord certificates evidencing Worker’s Compensation Insurance and Contractor’s General Liability Insurance in the amount reasonably satisfactory to Landlord (but in no event less than the amounts set forth in paragraph 59 herein) prior to the commencement of such work. Any and all Alterations and any portion thereof withoutand all structures or fixtures, except those fixtures described on Exhibit “B” annexed hereto and made a part hereof and/or movable trade fixtures not attached to the realty, installed by or on behalf of Tenant shall be deemed attached to the freehold and automatically become the property of Landlord upon installation, unless Landlord shall elect, in each instancewriting, otherwise (such written notice to be delivered to Tenant with Landlord’s consent of the Alteration(s), if consent is required, or within fifteen (15) days after Tenant’s written notice to Landlord of the Alteration(s), if no consent is required). If Landlord elects to have Tenant remove same at the expiration of the term of this lease, Tenant shall, prior to the expiration or sooner termination of the term of this lease, perform such removal and repair, at its own cost and expense, any damage to the Demised Premises caused by said removal. Notwithstanding the foregoing removal requirements, Landlord may, at its option, in lieu of requiring Tenant to perform such removal and restoration, invoice Tenant for the good faith estimated cost for performing such work and Tenant shall pay such invoice, as additional rent, within thirty (30) days of such invoice. Tenant shall not, without the express written consent of Landlord (which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheld, conditioned or delayed), enter upon the roof or attach or install anything thereon or make any Alterations thereto. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining LandlordWith respect to any mechanic’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises lien for which Landlord’s consent Tenant is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate responsible for removing or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant bonding hereunder, Tenant shall furnish reimburse Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost for all costs and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required expenses incurred by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction in connection therewith (including, without limitation: (a) contractor, reasonable attorneys fees and disbursements of Landlord and any sums payable to Landlord’s and owners protection; (b) blanket contractual liability coverage; (c) broad lender in connection therewith). Supplementing Paragraph 30 of the printed form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior portion of this lease, in the event Tenant makes any installations, changes, modifications or alterations to the commencement of any construction activitysprinkler systems and/or sprinkler equipment serving the Demised Premises, certificates of such insurance coverages same shall be provided subject to Landlord. Before commencing any Alteration’s supervisory fee of 5% of the cost thereof which shall be payable, Tenant shall provide as additional rent, to Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises(or, at Landlord’s request, to Landlord’s construction affiliate).
Appears in 1 contract
Alterations. Tenant shall not make any alterations to the Premises or any other aspect of the Development, without Landlord's prior written consent, which consent Landlord may withhold in its reasonable but subjective discretion. All permitted alterations must be performed in compliance with Landlord's standard rules and regulations regarding alterations. All alterations will become the property of Landlord and will remain upon and be surrendered with the Premises at any time during the end of the Term of this Lease; provided, however, Landlord may require Tenant to remove any or all alterations at the expiration or earlier termination of this Lease. If Tenant fails to remove by the expiration or earlier termination of this Lease make any openings in the roof or exterior walls all of the Building or make any alterationits personal property, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof withoutalterations identified by Landlord for removal, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantmay, at its option, treat such failure as a hold-over pursuant to Subparagraph 11 (b) above, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and/or alterations as abandoned and, at Tenant's sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory addition to Landlord's other rights and remedies under this Lease, at law or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitationequity: (a) contractor’s remove and owners protectionstore such items; and/or (b) blanket contractual upon ten (10) days' prior notice to Tenant, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Tenant shall be liable for all costs of disposition of Tenant's abandoned property and Landlord shall have no liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverageto Tenant with respect to any such abandoned property. Prior Landlord agrees to apply the commencement proceeds of any construction activitysale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, certificates storage and/or sale of such insurance coverages shall items), with any remainder to be provided paid to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesTenant.
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Samples: Probusiness Services Inc
Alterations. Subsequent to the completion of the Leasehold Improvements as set forth in Exhibit “B”, if any, Tenant shall not make or suffer to be made any alterations, additions, or improvements in, on or to the Premises, or any part thereof, without the prior written consent of Landlord; and any such alterations, additions, or improvements in, on or to said Premises, except for Tenant’s fixtures, movable furniture and equipment, shall immediately become Landlord’s property at any time during the Term of this Lease make any openings in the roof or exterior walls end of the Building Lease Term, to remain on the Premises without compensation to Tenant. In the event Landlord consents to the making of any such alterations, additions, or improvements by Tenant, the same shall be made at Tenant’s sole cost and expense, in accordance with plans and specifications approved by Landlord, and any contractor or person selected by Tenant to make any the same, and all subcontractors, must first be approved in writing by Landlord, or, at Landlord’s option, the alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced made by Landlord for Tenant’s account and Tenant until Tenant has furnished shall reimburse Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off for the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulationcost thereof upon demand. Upon completion the expiration or sooner termination of any Alteration by Tenant hereunderthe term herein provided, Tenant shall furnish upon demand by Landlord, at Tenant’s sole cost and expense forthwith and with all due diligence remove any or all alterations, additions, or improvements made by or for the account of Tenant, designated by Landlord to be removed, and Tenant shall forthwith and with a copy of the “as built” plans covering such construction. Tenantall due diligence, at its sole cost and expense, will make all Alterations on repair and restore the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, to its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesoriginal condition.
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Alterations. Tenant shall not make or permit any other person to make any alterations to said demised premises without the written consent of Landlord first had and obtained. Should Landlord consent to the making of any alterations to said demised premises by Tenant, the alterations shall be made at any time during the sole cost and expense of Tenant by a contractor or other person selected by Tenant and approved in writing before work commences by Landlord. Any and all alterations, additions, or improvements shall be made by licensed contractors in a workmanlike manner to all building codes in force and at Tenant’s sole cost and expense. During the Term of this Lease make and any openings fixturing period prior to commencement of the Lease Term, if required by Landlord, Tenant shall also provide security for the completion thereof in the roof form of a bond or exterior walls other security satisfactory to Landlord. Tenant shall pay and settle all expenses and liabilities arising out of or in any way connected with any and all construction, repairs, alterations or maintenance of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coveragedemised premises, and insurance coverage in amounts satisfactory to Landlord all liens of mechanics and/or material men, and protecting Landlord against public liability and property damage to any person or property, on or off the Premisesall liens of a similar character, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy growing out of the “as built” plans covering such construction. Tenant, at its sole cost and expenserepair, will make all Alterations on the Premises which may be necessary by the act alterations or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate maintenance of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coveragedemised premises. Prior to the commencement termination of this Lease or any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationextension thereof, Tenant shall provide Landlord with a written certification that be permitted to remove from the Alteration does not have any adverse environmental impact demised premises all Personalty (Tenant’s fixtures, furnishings, inventory and equipment on the demised premises whether nailed, screwed, or otherwise fastened to the demised premises, including without limitation shelving, racks, counters, computer equipment, terminals, satellite dish, building signage, monument and pole sign panels, alarm system, safe, telephone system, and testing equipment, but excluding HVAC equipment and light fixtures (collectively, the “Personalty”)) placed by it or by any subtenant on the demised premises, provided however, Tenant shall repair all damages caused by any such removal (except for small holes caused by nails, fasteners and the like). Any Personalty not so removed by Tenant prior to termination of this Lease or any extension thereof, shall become at once a part of the realty and belong to the Landlord without compensation to Tenant.
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Samples: Lease (Bank of Commerce Holdings)
Alterations. (a) Tenant shall not at any time during make no alterations, additions or improvements in or to the Term of this Lease make any openings in the roof Premises without Landlord's prior written consent, and then only by contractors or exterior walls mechanics approved by Landlord. Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or make any alteration, addition interfere with the moving of Landlord's equipment to or improvement to from the Premises (collectively, “Alterations”) enclosures containing said installations or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheldfacilities. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of All such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder work shall be done at such times and in a good such manner as Landlord may from time to time designate. Tenant covenants and workmanlike manner agrees that all work done by Tenant shall be performed in full compliance with any applicable all laws, rules, orders, ordinances, regulations and requirements of all governmental lawagencies, statuteoffices, ordinance or regulation. Upon completion and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Offices formerly known as the Pacific Fire Rating Bureau, and of any Alteration by Tenant hereundersimilar body. Before commencing any work, Tenant shall furnish give Landlord with a copy at least ten days written notice of the “as built” plans covering proposed commencement of such construction. work and shall, if required by Landlord, secure at Tenant, at its sole 's own cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private)a completion and lien indemnity bond, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of lienssaid work. Tenant further covenants and agrees that all contractors engaging in any construction activity by and mechanic's lien filed against the Premises or against the Building for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liabilitywork claimed to have been done for, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior or materials claimed to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationhave been furnished to, Tenant will be discharged by Tenant, by bond or otherwise, within ten days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall provide remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord with a may, by written certification that notice to Tenant, require Tenant to remove all partitions, counters, railings and the Alteration does not have any adverse environmental impact on the premiseslike installed by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal.
Appears in 1 contract
