Initial Construction and Alterations. Section 5.1. Landlord and Tenant agree that the construction of Tenant’s Work, as defined in the Work Letter Agreement attached hereto as Exhibit “H” and incorporated herein (the “Work Letter Agreement”), shall be performed in accordance with the terms and conditions of the Work Letter Agreement. TENANT HEREBY ACCEPTS THE PREMISES “AS IS, WHERE IS,” AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS OTHERWISE SET FORTH IN THIS LEASE. (a) Except as otherwise set out in Section 5.2(f) hereof and except for the improvements, construction and alternations made by Tenant pursuant to the terms and conditions of the Work Letter Agreement, Tenant shall not make or permit to be made any Alterations without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Reference is made to Exhibit “F” hereto, which contains the “Tenant Design and Construction Standards” applicable to the Buildings, which is incorporated by reference in this Lease. Landlord reserves the right to make reasonable changes and additions thereto. (1) Prior to making any Alterations, Tenant shall (i) submit to Landlord two (2) sets of detailed plans and specifications (including layout, architectural, electrical, mechanical and structural drawings) that comply with all Requirements for each proposed Alteration, and Tenant shall not commence any such Alterations without first obtaining Landlord’s prior written approval of such plans and specifications; (ii), at Tenant’s expense, obtain all permits, approvals and certificates required by any Governmental Authorities; and (iii) furnish to Landlord duplicate original policies or certificates thereof of worker’s compensation insurance (covering all persons to be employed by Tenant and/or Tenant’s contractors and subcontractors in connection with such Alterations) and commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents, any Lessor and any Mortgagee, as additional insureds. Upon completion of such Alterations, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Alterations required by any Governmental Authority and shall furnish Landlord with copies thereof, together with the “as built” plans and specifications for such Alterations. All Alterations shall be made and performed in accordance with the plans and specifications therefor as approved by Landlord, all Requirements, Restrictive Covenants and the Rules and Regulations. All materials and equipment to be incorporated in the Premises as a result of any Alterations shall be first quality and no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. In addition, any such Alterations for which the cost of labor and materials (as estimated by Landlord’s architect, engineer or contractor) is in excess of Seventy-Five Thousand Dollars ($75,000.00), either individually or in the aggregate with any other Alterations constructed in any twelve (12) month period, shall be performed only under the supervision of a licensed architect reasonably satisfactory to Landlord. (2) Landlord reserves the right to disapprove any plans and specifications in whole or in part, to reserve approval of items shown thereon pending its review and approval of other plans and specifications, and to condition its approval upon Tenant making revisions to the plans and specifications or supplying additional information; provided, however, that Landlord shall be reasonable in its exercise of these rights. In the event Landlord fails to respond to Tenant’s plans and specifications within five (5) Business Days of Landlord’s receipt thereof, Landlord shall be deemed to have approved Tenant’s plans and specifications. Tenant agrees that any reviews or approvals by Landlord of any plans and/or specifications with respect to any Alterations are solely for Landlord’s benefit, and without any representation or warranty whatsoever to Tenant or any other Person with respect to the adequacy, correctness or sufficiency thereof or with respect to whether such plans and/or specifications meet or comply with any Requirements or Restrictive Covenants applicable thereto. (c) Alterations shall be performed at Tenant’s expense and at such times and in such manner as Landlord may from time to time reasonably designate, unless, at the time of the Alterations, Tenant is the only occupant of the Buildings, in which event, Tenant may control the times and manner (but always in accordance with all Requirements, Rules and Regulations, and Restrictive Covenants) to perform the Alterations. All Alterations shall become a part of the Buildings and shall be Landlord’s property from and after the installation thereof and may not be removed or changed without Landlord’s prior written consent. Notwithstanding the foregoing, however, Landlord, upon notice provided to the Tenant at or before the time of Landlord's approval of the plans as specified in Section 5.2(b)(1)(i) hereof, may require Tenant to remove any specified Alterations (other than Tenant’s Work as such is contemplated in the original Work Letter Agreement) and to repair and restore in a good and workmanlike manner to Building Standard Condition (reasonable wear and tear excepted) any damage to the Premises or the Buildings caused by such removal. All Tenant’s Property shall remain the property of Tenant and, unless Landlord and Tenant shall agree otherwise, on or before the Expiration Date, Tenant's Property shall, at Tenant’s cost, be removed from the Premises by Tenant, and Tenant shall repair and restore in a good and workmanlike manner to Building Standard Condition (reasonable wear and tear excepted) any damage to the Premises or the Buildings caused by such removal. The provisions of this Section 5.2(c) shall survive the expiration or earlier termination of this Lease. (d) All Alterations shall be performed, at Tenant’s sole cost and expense, by contractors, subcontractors or mechanics approved by Landlord in Landlord’s reasonable discretion. (1) Any mechanic’s lien filed against the Premises or the Real Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be canceled or discharged, or a bond may be filed, by or for Tenant, at Tenant’s expense, within thirty (30) days after such lien shall be filed, by payment or filing of the bond required by law, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all costs, expenses, claims, losses or damages resulting therefrom by reason thereof. (2) If Tenant shall fail to discharge such mechanic’s lien [as stated in Section 5.2(e)(1) above] within the aforesaid period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanic’s lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor, with interest, costs and allowances. (3) Any amount paid by Landlord for any of the aforesaid charges and for all reasonable expenses of Landlord (including, but not limited to, reasonable attorneys’ fees and expenses) incurred in defending any such action, discharging said lien or in procuring the discharge of said lien, with interest on all such amounts at the Applicable Rate from the date of payment, shall be repaid by Tenant within thirty (30) days after written demand therefor, and all amounts so repayable, together with such interest, shall be considered Additional Rent. (f) Notwithstanding anything to the contrary set forth in this Article V, Tenant, without Landlord’s consent, is permitted to make Alterations to the Premises which relate only to the cosmetic appearance, nonstructural components, and/or non-load-bearing portions of the Premises (and which do not affect the structural and/or load-bearing elements of the Building), provided such Alterations do not exceed, in the aggregate, more than Two Hundred and Fifty Thousand Dollars ($250,000.00) during any twelve (12) month period during the Term. Section 5.3. Any plans for Alterations shall be prepared at Tenant’s sole cost and expense, and Landlord shall not charge Tenant a fee or charge (regardless of the form) for Landlord’s (and/or Landlord’s agents’) review of any plans. Section 5.4. Landlord, upon the request of Tenant, shall join in any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alterations (provided that the provisions of the applicable Requirements shall require that Landlord join in such application or Landlord's joinder is otherwise required) and shall otherwise cooperate with Tenant in connection therewith, provided that Landlord shall not be obligated to incur any cost or expense or liability in connection therewith and shall be reimbursed by Tenant for any and all reasonable expenses incurred by Landlord in connection therewith (including reasonable attorneys’ fees and disbursements). Section 5.5. Upon Landlord's written request, Tenant shall furnish to Landlord copies of records of all Alterations and of the cost thereof within sixty (60) days after the completion of such Alterations. Section 5.6. During the course of any Alterations and any construction by Tenant or Landlord, whether on the Land or on any real property adjacent to the Land, Landlord and Tenant shall cooperate with each other, and shall cause their contractors and subcontractors to cooperate, so as to minimize interruption and interference with each other’s construction activities.
Appears in 1 contract
Initial Construction and Alterations. Section 5.1. Landlord Tenant, at its sole cost and Tenant agree that expense, subject to obtaining all necessary approvals from applicable governmental authorities, agrees and is hereby authorized to (a) construct a new building and parking lot and any related improvements on the construction Leased Premises, including a bio-swale, with Landlord’s prior concurrence, (b) construct means of ingress/egress from ▇▇▇▇▇ Ranch Road to any of Tenant’s WorkBuildings which may include pavement, as defined in the Work Letter Agreement attached hereto as Exhibit “H” and incorporated herein (the “Work Letter Agreement”), shall be performed in accordance lighting or other improvements with the terms and conditions of the Work Letter Agreement. TENANT HEREBY ACCEPTS THE PREMISES “AS IS, WHERE IS,” AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS OTHERWISE SET FORTH IN THIS LEASE.
(a) Except as otherwise set out in Section 5.2(f) hereof and except for the improvements, construction and alternations made by Tenant pursuant to the terms and conditions of the Work Letter Agreement, Tenant shall not make or permit to be made any Alterations without Landlord’s prior written consentconcurrence, which consent as well as a parking lot and/or retaining wall(s) as may be approved with Landlord’s prior concurrence, (c) construct an appropriate fence system as required elsewhere herein, and (d) construct any and all aspects of systems for water, sewer, gas, electrical, fiber optic, television, cable, and/or telephone at the Premises, including such systems’ component parts (collectively, “Utilities Systems”). Prior concurrence and approval is hereby provided by Landlord as to the site plan (see Exhibits A1 & A2), location of fencing (see Exhibit A3), and the general aesthetics and exterior elevations of the structure (see Exhibits B1 & B2). Landlord’s prior concurrence and approval to the above, to the extent prior concurrence and/or approval is required and not already obtained, shall not be unreasonably withheld. The above referenced exhibits and what is depicted in them shall not be changed, conditioned altered or delayedmodified without Landlord's prior approval which shall not be unreasonably withheld. Reference is made To the extent any construction under this Lease may occur outside the Leased Premises (including but not necessarily limited to Exhibit “F” heretoat least one or more portions of Utilities Systems, which contains the “Tenant Design and Construction Standards” applicable are anticipated to the Buildingsextend onto other lot(s) owned by Landlord, which is incorporated by reference Landlord shall reasonably cooperate in this Lease. Landlord reserves the right order to make reasonable changes and additions thereto.
(1) Prior to making any Alterations, Tenant shall (i) submit to Landlord two (2) sets of detailed plans and specifications (including layout, architectural, electrical, mechanical and structural drawings) that comply with all Requirements for each proposed Alteration, and Tenant shall not commence any such Alterations without first obtaining Landlord’s prior written approval of such plans and specifications; (ii), at help enable Tenant’s expenseaccess to such location(s) such that Tenant may construct, obtain all permitsmaintain, approvals and certificates required by any Governmental Authorities; and (iii) furnish to Landlord duplicate original policies or certificates thereof and/or repair such improvements during the term of worker’s compensation insurance (covering all persons to be employed by Tenant and/or Tenant’s contractors and subcontractors in connection with such Alterations) and commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents, any Lessor this Lease and any Mortgagee, as additional insureds. Upon completion of such Alterations, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Alterations required by any Governmental Authority and shall furnish Landlord with copies thereof, together with the “as built” plans and specifications for such Alterationsextensions thereto. All Alterations construction shall be made and performed in accordance with the plans and specifications therefor as approved by Landlord, all Requirements, Restrictive Covenants and the Rules and Regulations. All materials and equipment to be incorporated in the Premises as a result of any Alterations shall be first quality and no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. In addition, any such Alterations for which the cost of labor and materials (as estimated by Landlord’s architect, engineer or contractor) is in excess of Seventy-Five Thousand Dollars ($75,000.00), either individually or in the aggregate with any other Alterations constructed in any twelve (12) month period, shall be performed only under the supervision of a licensed architect reasonably satisfactory to Landlord.
(2) Landlord reserves the right to disapprove any plans and specifications in whole or in part, to reserve approval of items shown thereon pending its review and approval of other plans and specifications, and to condition its approval upon Tenant making revisions to the plans and specifications or supplying additional information; provided, however, that Landlord shall be reasonable in its exercise of these rights. In the event Landlord fails to respond to Tenant’s plans and specifications within five (5) Business Days of Landlord’s receipt thereof, Landlord shall be deemed to have approved Tenant’s plans and specifications. All of the buildings on the Leased Premises after such initial construction, renovation and restoration, even if there is only one such building, shall be referred to herein collectively as the "Tenant's Buildings". All construction and alterations performed by Tenant agrees that any reviews or approvals by pursuant to this Section shall be referred to herein as the “Initial Construction.” Landlord of any plans and/or specifications understands Tenant may construct, with respect to any Alterations are solely for Landlord’s benefitprior approval, and without any representation or warranty whatsoever to Tenant or any other Person with respect to the adequacy, correctness or sufficiency thereof or with respect to whether such plans as its main and/or specifications meet or comply with any Requirements or Restrictive Covenants applicable thereto.
(c) Alterations shall be performed at central building that comprises Tenant’s expense and at such times and in such manner as Landlord may from time to time reasonably designate, unless, at the time of the Alterations, Tenant is the only occupant of the Buildings, in which event, Tenant a semi- or pre-manufactured structure that may control the times and manner (but always or may not be assembled on a pad in accordance with all Requirementsapplicable specifications. Landlord shall diligently and in good faith undertake its best efforts to assist with ▇▇▇▇▇▇’s process of obtaining entitlements at the Leased Premises, Rules and Regulations, and Restrictive Covenants) to perform the Alterations. All Alterations shall become a part of the Buildings and shall be Landlord’s property from and after the installation thereof and may not be removed or changed without Landlord’s prior written consent. Notwithstanding the foregoing, however, Landlord, upon notice provided to the Tenant at or before the time of Landlord's approval of the plans as specified in Section 5.2(b)(1)(i) hereof, may require Tenant extent it is reasonably necessary for Landlord to remove any specified Alterations (other than Tenant’s Work as such is contemplated in the original Work Letter Agreement) and to repair and restore in a good and workmanlike manner to Building Standard Condition (reasonable wear and tear excepted) any damage to the Premises or the Buildings caused by such removal. All Tenant’s Property shall remain the property of Tenant and, unless Landlord and Tenant shall agree otherwise, on or before the Expiration Date, Tenant's Property shall, at Tenant’s cost, be removed from the Premises by Tenant, and Tenant shall repair and restore in a good and workmanlike manner to Building Standard Condition (reasonable wear and tear excepted) any damage to the Premises or the Buildings caused by such removal. The provisions of this Section 5.2(c) shall survive the expiration or earlier termination of this Lease.
(d) All Alterations shall be performed, at Tenant’s sole cost and expense, by contractors, subcontractors or mechanics approved by Landlord in Landlord’s reasonable discretion.
(1) Any mechanic’s lien filed against the Premises or the Real Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be canceled or discharged, or a bond may be filed, by or for Tenant, at Tenant’s expense, within thirty (30) days after such lien shall be filed, by payment or filing of the bond required by law, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all costs, expenses, claims, losses or damages resulting therefrom by reason thereof.
(2) If Tenant shall fail to discharge such mechanic’s lien [as stated in Section 5.2(e)(1) above] within the aforesaid period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanic’s lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor, with interest, costs and allowances.
(3) Any amount paid by Landlord for any of the aforesaid charges and for all reasonable expenses of Landlord (including, but not limited to, reasonable attorneys’ fees and expenses) incurred in defending any such action, discharging said lien or in procuring the discharge of said lien, with interest on all such amounts at the Applicable Rate from the date of payment, shall be repaid by Tenant within thirty (30) days after written demand therefor, and all amounts so repayable, together with such interest, shall be considered Additional Rent.
(f) Notwithstanding anything to the contrary set forth in this Article V, Tenant, without Landlord’s consent, is permitted to make Alterations to the Premises which relate only to the cosmetic appearance, nonstructural components, and/or non-load-bearing portions of the Premises (and which do not affect the structural and/or load-bearing elements of the Building), provided such Alterations do not exceed, in the aggregate, more than Two Hundred and Fifty Thousand Dollars ($250,000.00) during any twelve (12) month period during the Term.
Section 5.3. Any plans for Alterations shall be prepared at Tenant’s sole cost and expense, and Landlord shall not charge Tenant a fee or charge (regardless of the form) for Landlord’s (and/or Landlord’s agents’) review of any plans.
Section 5.4. Landlord, upon the request of Tenant, shall join in any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alterations (provided that the provisions of the applicable Requirements shall require that Landlord join become involved in such application or Landlord's joinder is otherwise required) and shall otherwise cooperate with Tenant in connection therewith, provided that Landlord shall not be obligated to incur any cost or expense or liability in connection therewith and shall be reimbursed by Tenant for any and all reasonable expenses incurred by Landlord in connection therewith (including reasonable attorneys’ fees and disbursements)process.
Section 5.5. Upon Landlord's written request, Tenant shall furnish to Landlord copies of records of all Alterations and of the cost thereof within sixty (60) days after the completion of such Alterations.
Section 5.6. During the course of any Alterations and any construction by Tenant or Landlord, whether on the Land or on any real property adjacent to the Land, Landlord and Tenant shall cooperate with each other, and shall cause their contractors and subcontractors to cooperate, so as to minimize interruption and interference with each other’s construction activities.
Appears in 1 contract
Sources: Funding Agreement
Initial Construction and Alterations. Section 5.1. Landlord and Tenant agree that the construction of Tenant’s Work, as defined in the Work Letter Agreement attached hereto as Exhibit “H” and incorporated herein (the “Work Letter Agreement”), shall be performed in accordance with the terms and conditions of the Work Letter Agreement. TENANT HEREBY ACCEPTS THE PREMISES “AS IS, WHERE IS,” AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS OTHERWISE SET FORTH IN THIS LEASE.
(a) Except as otherwise set out in Section 5.2(f) hereof and except for the improvements, construction and alternations made by Tenant pursuant to the terms and conditions of the Work Letter Agreement, Tenant shall not not, without the prior written consent of Landlord, make or permit cause to be made any Alterations without alterations, improvements, additions or installations ("ALTERATIONS") in or to the Premises. If any proposed ALTERATION is of such a nature that the cost of its removal and/or restoring the Premises for future use or releasing would be material, Landlord may withhold its consent to such ALTERATION unless ▇▇▇▇▇▇ agrees to remove such ALTERATION and restore the physical integrity of the Premises at the end of the term. If Landlord so consents, before commencement of any such work or delivery of any materials into the Premises or the Building, Tenant shall furnish to Landlord for approval architectural plans and specifications, names and addresses of all contractors, copies of all contracts, necessary permits and licenses, certificates of insurance against any and all claims, costs, expenses, damages and liabilities which may arise in connection with Tenant's work in the Premises, all in such form and amount as may be satisfactory to Landlord’s prior written consent. ▇▇▇▇▇▇ agrees to indemnify, defend and hold Landlord, its mortgagees, the managing agent and their respective agents and employees forever harmless against all injuries, damages, claims and liabilities of every kind, nature and description which consent may arise out of or in any way be connected with such work. All such work shall be done only by contractors or mechanics approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed). Reference is made to Exhibit “F” hereto, which contains the “Tenant Design and Construction Standards” applicable to the Buildings, which is incorporated by reference in this Lease. Landlord reserves the right to make reasonable changes and additions thereto.
(1) Prior to making any Alterations, Tenant shall (i) submit to Landlord two (2) sets pay the cost of detailed plans all such work and specifications (including layout, architectural, electrical, mechanical the cost of decorating the Premises and structural drawings) that comply with all Requirements for each proposed Alteration, and Tenant shall not commence any such Alterations without first obtaining Landlord’s prior written approval of such plans and specifications; (ii), at Tenant’s expense, obtain all permits, approvals and certificates required by any Governmental Authorities; and (iii) furnish to Landlord duplicate original policies or certificates thereof of worker’s compensation insurance (covering all persons to be employed by Tenant and/or Tenant’s contractors and subcontractors in connection with such Alterations) and commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents, any Lessor and any Mortgagee, as additional insuredsthe Building occasioned thereby. Upon completion of such Alterationswork, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Alterations required by any Governmental Authority and Tenant shall furnish Landlord with copies thereofcontractors', together with the “as built” plans subcontractors', and specifications for such Alterationsmaterial suppliers' affidavits and full and final waivers of lien covering all labor and materials expended and used in connection therewith. All Alterations such work shall be made and performed in accordance with all applicable legal, governmental and quasi-governmental requirements, ordinances and rules (including the plans Board of Fire Underwriters), and specifications therefor as approved by all requirements of applicable insurance companies. All such work shall be done in a good and workmanlike manner and with the use of good grades of materials. Tenant shall permit Landlord, all Requirements, Restrictive Covenants and the Rules and Regulations. All materials and equipment to be incorporated in the Premises as a result of any Alterations shall be first quality and no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. In addition, any such Alterations for which the cost of labor and materials (as estimated by Landlord’s architect, engineer or contractor) is in excess of Seventy-Five Thousand Dollars ($75,000.00), either individually or in the aggregate with any other Alterations constructed in any twelve (12) month period, shall be performed only under the supervision of a licensed architect reasonably satisfactory to Landlord.
(2) if Landlord reserves the right to disapprove any plans and specifications in whole or in partso desires, to reserve approval of items shown thereon pending its review and approval of other plans and specifications, and to condition its approval upon Tenant making revisions to the plans and specifications or supplying additional informationinspect construction in connection with such work; provided, however, that such inspection or right to inspect by Landlord or approval of plans by Landlord shall be reasonable in its exercise of these rights. In the event Landlord fails to respond to Tenant’s plans and specifications within five (5) Business Days of Landlord’s receipt thereof, Landlord shall be deemed to have approved Tenant’s plans and specifications. Tenant agrees that not constitute any reviews or approvals warranty by Landlord of any plans and/or specifications with respect to any Alterations are solely for Landlord’s benefit, and without any representation or warranty whatsoever to Tenant or any other Person with respect to the adequacy, correctness or sufficiency thereof or with respect to whether such plans and/or specifications meet or comply with any Requirements or Restrictive Covenants applicable thereto.
(c) Alterations shall be performed at Tenant’s expense and at such times and in such manner as Landlord may from time to time reasonably designate, unless, at the time third parties of the Alterations, Tenant is the only occupant adequacy of the Buildingsdesign, workmanship or quality of such work or materials for Tenant's intended use or impose any liability upon Landlord in which event, Tenant may control connection with the times and manner (but always in accordance with all Requirements, Rules and Regulations, and Restrictive Covenants) to perform the Alterationsperformance of such work. All Alterations shall become a part of alterations, improvements, additions and permanent installations to or on the Buildings and shall be Landlord’s property from and after the installation thereof and may not be removed or changed without Landlord’s prior written consent. Notwithstanding the foregoing, however, Landlord, upon notice provided to the Tenant at or before the time of Landlord's approval of the plans as specified in Section 5.2(b)(1)(i) hereof, may require Tenant to remove any specified Alterations Premises (other than Tenant’s Work as such is contemplated in the original Work Letter Agreement) safes and to repair and restore in a good and workmanlike manner to Building Standard Condition (reasonable wear and tear excepted) any damage to the Premises or the Buildings caused by such removal. All Tenant’s Property vaults which shall remain the property of the Tenant and, unless Landlord and Tenant shall agree otherwise, on or before the Expiration Date, Tenant's Property shall, at Tenant’s cost, be removed from the Premises by Tenant, and Tenant at the end of the term) shall repair and restore in a good and workmanlike manner to Building Standard Condition (reasonable wear and tear excepted) any damage to become part of the Premises or at the Buildings caused by such removal. The provisions time of this Section 5.2(c) their installation and shall survive remain in the Premises at the expiration or earlier termination of this Lease.
(d) All Alterations shall be performed, at Tenant’s sole cost and expense, by contractors, subcontractors or mechanics approved by Landlord in Landlord’s reasonable discretion.
(1) Any mechanic’s lien filed against the Premises or the Real Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be canceled or discharged, or a bond may be filed, by or for termination of Tenant, at Tenant’s expense, within thirty (30) days after such lien shall be filed, by payment or filing 's right of possession of the bond required by law, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all costs, expenses, claims, losses or damages resulting therefrom by reason thereof.
(2) If Tenant shall fail to discharge such mechanic’s lien [as stated in Section 5.2(e)(1) above] within the aforesaid period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanic’s lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor, with interest, costs and allowances.
(3) Any amount paid by Landlord for any of the aforesaid charges and for all reasonable expenses of Landlord (including, but not limited to, reasonable attorneys’ fees and expenses) incurred in defending any such action, discharging said lien or in procuring the discharge of said lien, with interest on all such amounts at the Applicable Rate from the date of payment, shall be repaid by Tenant within thirty (30) days after written demand therefor, and all amounts so repayable, together with such interest, shall be considered Additional Rent.
(f) Notwithstanding anything to the contrary set forth in this Article V, TenantPremises, without Landlord’s consent, is permitted compensation or credit to make Alterations to the Premises which relate only to the cosmetic appearance, nonstructural components, and/or non-load-bearing portions of the Premises (and which do not affect the structural and/or load-bearing elements of the Building), provided such Alterations do not exceed, in the aggregate, more than Two Hundred and Fifty Thousand Dollars ($250,000.00) during any twelve (12) month period during the TermTenant.
Section 5.3. Any plans for Alterations shall be prepared at Tenant’s sole cost and expense, and Landlord shall not charge Tenant a fee or charge (regardless of the form) for Landlord’s (and/or Landlord’s agents’) review of any plans.
Section 5.4. Landlord, upon the request of Tenant, shall join in any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alterations (provided that the provisions of the applicable Requirements shall require that Landlord join in such application or Landlord's joinder is otherwise required) and shall otherwise cooperate with Tenant in connection therewith, provided that Landlord shall not be obligated to incur any cost or expense or liability in connection therewith and shall be reimbursed by Tenant for any and all reasonable expenses incurred by Landlord in connection therewith (including reasonable attorneys’ fees and disbursements).
Section 5.5. Upon Landlord's written request, Tenant shall furnish to Landlord copies of records of all Alterations and of the cost thereof within sixty (60) days after the completion of such Alterations.
Section 5.6. During the course of any Alterations and any construction by Tenant or Landlord, whether on the Land or on any real property adjacent to the Land, Landlord and Tenant shall cooperate with each other, and shall cause their contractors and subcontractors to cooperate, so as to minimize interruption and interference with each other’s construction activities.
Appears in 1 contract
Sources: Lease Agreement (Panera Bread Co)