Changes, Alterations, Etc. Section 5.1 Tenant shall make no alterations, installations, additions or improvements, whether structural or nonstructural, except those of a decorative nature, in or to the Demised Premises without the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned or delayed. All fixtures and all paneling, partitions, railings and like installations and all equipment and machinery installed in, or in connection with Tenant’s use or occupancy of the Demised Premises at any time, either by Tenant or by Landlord on Tenant’s behalf shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises. Nothing in this section shall be construed to give Landlord title to, or to prevent Tenant’s removal of, trade fixtures, moveable office furniture and moveable equipment. All such property permitted or required to be removed by Tenant prior to expiration of the term of this Lease and not removed by Tenant prior to such expiration shall be deemed abandoned, and shall become Landlord’s property. Tenant agrees that Landlord may remove and dispose of any such abandoned property. Tenant agrees to reimburse Landlord, within ten (10) days from the rendition of a b▇▇▇ by Landlord to Tenant, for all costs and expenses reasonably incurred by Landlord in removing and disposing of any such abandoned property or property which Landlord had removed on behalf of Tenant and in repairing any damage to the Building or Demised Premises caused by such removal. Tenant agrees to indemnify and hold Landlord harmless for any loss, damage or claim relating to Landlord’s removal or disposition of such abandoned property by any person that may claim ownership of, or an interest in, such property.
Appears in 1 contract
Sources: Lease Agreement (Inphonic Inc)
Changes, Alterations, Etc. Section 5.1 Tenant shall make no alterations, installations, additions or improvements, whether structural or nonstructural, except including those of a decorative nature, in or to the Demised Premises without the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned or delayed. All fixtures and all paneling, partitions, railings and like installations and all equipment and machinery installed in, or in connection with Tenant’s use or occupancy of of, the Demised Premises at any time, either by Tenant or by Landlord on Tenant’s behalf shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Demised PremisesPremises unless Landlord, by notice to Tenant no later than twenty (20) days prior to the date fixed as the expiration of this Lease, elects to relinquish Landlord’s right thereto and to have them removed, in which event the same shall be removed from the premises by Landlord on behalf of Tenant, at Tenant’s expense. Nothing in this section shall be construed to give Landlord title to, or to prevent Tenant’s removal of, trade fixtures, moveable office furniture and moveable equipment. All such property permitted or required to be removed by Tenant prior to expiration of the term of this Lease and not removed by Tenant prior to such expiration shall be deemed abandoned, and shall become Landlord’s property. Tenant agrees that Landlord may remove and dispose of any such abandoned property. Tenant agrees to reimburse Landlord, within ten (10) days from the rendition of a b▇▇▇ by Landlord to Tenant, for all costs and expenses reasonably incurred by Landlord in removing and disposing of any such abandoned property or property which Landlord had removed on behalf of Tenant and in repairing any damage to the Building or Demised Premises caused by such removal. Tenant agrees to indemnify and hold Landlord harmless for any loss, damage or claim relating to Landlord’s removal or disposition of such abandoned property by any person that may claim ownership of, or an interest in, such property. Notwithstanding anything to the contrary herein, if Landlord shall have notified Tenant at the time of Landlord’s review and approval of the Plans, or subsequent request by Tenant to Landlord for its consent to any alteration(s), that it will be requiring Tenant to remove the non-standard or atypical office or atypical installations at or prior to the expiration of the term of this Lease, then Landlord, by notice given to Tenant at any time prior to the Expiration Date or not later than 15 days after any earlier termination of this Lease, may require Tenant, notwithstanding any other terms herein, to remove all or any fixtures that do not constitute a standard office installation, such as, by way of example only, kitchens, vaults, safes, raised flooring and stairwells. If Landlord shall give such notice, then Tenant, at Tenant’s expense, prior to the Expiration Date, or, in the case of an earlier termination of this Lease, within 15 days after the giving of such notice by Landlord, shall remove the same from the Premises, shall repair and restore the Premises to the condition existing prior to installation thereof and shall repair any damage to the Premises or to the Building due to such removal.
Section 5.2 In order to preserve the fire insurance classification and rating of the Building and of the Demised Premises, Tenant covenants that it will not insert or install in the Demised Premises any material, paint, wall covering, curtain, drapery, furniture, fixtures or other items of personal property having a “surface flame spread ratio in excess of twenty-five (25)” as that term is used and commonly accepted for fire insurance rating purposes.
Section 5.3 Any mechanic’s lien filed against the Demised Premises or the Building for work done or claimed to have been done for, or materials furnished to, Tenant shall be discharged by Tenant, at Tenant’s expense, by payment, filing of the bond required by law or otherwise within thirty (30) days of the notice of such filing.
Section 5.4 Notwithstanding anything to the contrary herein contained, Tenant shall have the right, at its own cost and expense and without requiring Landlord’s consent, to make non-structural alterations to the Demised Premises provided (i) all governmental and municipal permits, consents and approvals are, at Tenant’s sole cost and expense, obtained and kept in full force and effect, (ii) the alterations would, and do, not consist of any changes or additions to the Building’s HVAC, electrical, plumbing and other mechanical systems other than the distribution portions of those systems exclusively serving, and which effect is confined to, the Demised Premises (for the consequences of which effect on the Demised Premises Landlord shall have no responsibility), (iii) the alterations would, and do, not increase Landlord’s cost of providing Building services over the standards set forth in this Lease that Landlord is required to furnish Tenant without additional charge, (iv) the aggregate cost of any discrete alterations or set of alterations does not exceed Twenty-Five Thousand and no/100 ($25,000.00 ) Dollars, (v) the alterations are not visible from any point outside of the interior of the Demised Premises, (vi) all such work is done in compliance with the Building’s rules and regulations governing such work and (vii) all changes affecting the Building’s HVAC, electrical, plumbing and other mechanical systems are done only by contractors designated by (but in no event affiliated with) Landlord, provided said work is at competitive rates, it being understood and agreed that Tenant shall, prior to the undertaking of such alterations or repairs, furnish Landlord with (i) a full set of plans and specifications set forth for such work stamped “Approved” by the appropriate governmental or municipal agencies with jurisdiction thereof if such approval is necessary or (ii) copies of any working drawings that Tenant or its contractors or agents may have if no such approval is necessary.
Appears in 1 contract
Sources: Lease Agreement (Nathans Famous Inc)