Common use of Repairs and Alterations Clause in Contracts

Repairs and Alterations. There shall be no obligation on the part of Landlord or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liens.

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement (Realogy Corp), Limited Liability Company Operating Agreement (PHH Corp), Limited Liability Company Operating Agreement (Realogy Corp)

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Repairs and Alterations. There (a) Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems. Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep the Premises in good condition and repair, reasonable wear and tear and casualty excepted. All damage or injury to the Premises or the Project not covered by Landlord's insurance (unless such lack of coverage results from Landlord's failure to maintain the insurance it is required to maintain under this Lease) resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be no obligation on the part of Landlord or Sublessor to make any repairspromptly repaired by Tenant, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and expense, to the reasonable satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to commence making said repair within five (5) business days from receipt of said written notice, (with supporting documentation), and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises installed at Tenant's request. Except as otherwise set forth in Article 9(b) below, Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, "Alterations") without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Notwithstanding the foregoing, Tenant may make strictly cosmetic changes to the finish work in the Premises, not including any changes affecting the Project structure, appearance, or systems and equipment, provided (i) at least ten (10) days prior written notice of such changes is provided to Landlord, and (ii) the cost of such changes does not exceed $30,000 in any one instance or $60,000 over any 12-month period. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, they shall be made at Tenant's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant, given concurrently with Landlord's initial consent to the proposed Alterations, require Tenant at Tenant's expense to remove all partitions, counters, railings and other Alterations installed by Tenant, and to repair any damage damages to the Premises caused by such removal. In Any and all costs attributable to or related to the event applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant's plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9 which Landlord performs on Tenant's behalf, Landlord shall be entitled to receive an administrative/supervision fee of three percent (3%) of the total costs of said repairs, Alterations or other work, provided that Sublessor consents there shall be no such supervision fee in writing to those instances where Tenant or its agents or representatives, rather than Landlord, are performing the requisite repair, Alteration or other work, and such repair, Alteration or other work does not affect the structure of the Project or any alterationsof the mechanical, additionselectrical, HVAC, plumbing or fire/life/safety systems of the Project. The construction of initial improvements to the Premises by Sublessee, they shall be made at governed by the sole cost terms of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals the Tenant Work Letter and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section the terms of this Sublease requiring Sublessee to keep Premises free of liensArticle 9.

Appears in 2 contracts

Samples: Office Lease (Netzero Inc), Office Lease (United Online Inc)

Repairs and Alterations. There shall be no obligation on the part of Landlord or Sublessor agrees to make any repairsall necessary repairs to the exterior walls, alterations exterior doors, windows and corridors of the Building. Landlord agrees to keep the Building in a clean, neat and attractive condition. Landlord agrees to keep all building standard equipment such as elevators, plumbing, heating, air conditioning and similar equipment in good repair, but Landlord shall not be liable or improvements responsible for breakdowns or temporary interruptions in order service when reasonable efforts are used to make restore service. Tenant agrees that it will pay for the cost of all repairs to the Leased Premises ready for occupancy not required above to be made by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessorbe responsible for all redecorating, remodeling, alteration and painting required by it during the term of this Lease. Any alterations, additions, or improvements made Tenant shall pay for any repairs to the Leased Premises, or Sublessee’s behalfthe Building, whether made necessary by any negligence or carelessness of Tenant, its employees or invitees. Tenant agree to maintain the Leased Premises in a clean, neat and sanitary condition. Tenant may place partitions and fixtures and make improvements and other alternations to the interior of the Leased Premises at Tenant's expense, provided however, that prior to commencing any such work Tenant shall first obtain the written consent of Landlord to the proposed work and Landlord shall have right to review and approve all plans. Landlord may require that said work be done by Landlord's own employees or under Landlord's direction but at the expense of Sublessee Tenant, and Landlord may, as a condition to consenting to such work, require that Tenant give security that the Leased Premises will be completed free and clear of liens and in a manner satisfactory to Landlord. Notwithstanding the foregoing, any such improvements or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling alterations by Tenant shall conform to and built-be in cabinets shall be deemed a part substantial accordance in quality and appearance with the quality and appearance of the real estate and improvements in the remainder of the Building. Any such improvements shall become the property of Sublessor Landlord upon expiration of this Lease. Tenant shall remove any movable furniture and equipment upon termination of this Lease and shall be surrendered with deliver the Leased Premises unless to Landlord or Sublessorin as good condition as received, by notice given to Sublessee no later than thirty (30) days prior to the end of the Termbroom clean, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost normal wear and repair any damage to the Premises caused by such removaltear excepted. In the event that Sublessor consents Tenant receives consent of the Landlord and uses Tenant's own contractor for any such improvements then Tenant must provide Landlord with contractor's evidence of workmen's compensation and liability insurance in writing amounts sufficient to Landlord and have acquired the necessary building permits prior to commencing any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensconstruction.

Appears in 2 contracts

Samples: Lease (Matrix Capital Corp /Co/), Matrix Capital Corp /Co/

Repairs and Alterations. There (a) Tenant shall be no obligation on the part of Landlord or Sublessor to make any repairs, alterations or improvements in order to make keep and maintain the Premises ready for occupancy by Sublesseein a good, clean condition of repair and maintenance. Prior to making any repairs, alterations Tenant shall not damage or improvements on injure the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord . If any repairs or maintenance required to be performed by Tenant are not commenced within fifteen (15) days and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than completed within thirty (30) days prior after Landlord notifies Tenant of the need for same, Landlord may make such repairs or replacement, and Tenant shall pay the cost thereof (plus an additional charge of fifteen percent (15%) of such cost to cover overhead) to Landlord within fifteen (15) days after Tenant's receipt of a statement from Landlord. Tenant further agrees not to commit or allow any waste or damage to be committed on any portion of the Property, and at the termination of this Lease, by lapse of time or otherwise, Tenant shall deliver up the Premises to Landlord in as good condition as at the Commencement Date, ordinary wear and tear excepted. Except as may be set forth in Exhibit D, Landlord shall not be required to make any improvements or repairs of any kind or character on or to the end Property, or any portion thereof, during the Lease Term. Notwithstanding the foregoing, Landlord shall make all necessary repairs to the Building components servicing or supporting, but located outside, the Premises, including without limitation the foundation, outside walls, interior load-bearing walls, roof, load-bearing beams, and other major structural components of the TermBuilding and treat such repairs as Operating Expenses (as defined in Exhibit E), shall elect to have Sublessee remove unless the need for such alterationsrepair arises out of (1) the performance by Tenant of any alterations or other work, additions(2) any act or omission of Tenant or its employees, invitees or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair contractors or (3) the installation of any damage to equipment, fixtures or property by Tenant in the Premises caused by such removal. In or the moving of the foregoing in or out of the Premises, in which event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they Tenant shall be made at responsible to make the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensrepairs.

Appears in 2 contracts

Samples: Office Building Lease Agreement (Imergent Inc), Lease Agreement (Aradyme Corp)

Repairs and Alterations. There shall be no obligation on Tenant agrees by taking possession of the part Leased Premises that the Leased Premises are then in a tenantable and good condition, that Tenant will take good care of Landlord or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Leased Premises, Sublessee shall obtain and the Leased Premises will not be altered or changed without the prior written consent thereto of both Landlord. Tenant waives any right to make repairs at Landlord's expense. Tenant will not make changes to locks or doors or add, disturb, or in any way change any plumbing, ducting, or wiring without first obtaining the written consent of Landlord. All damage or injury done to the Project by Tenant or by any persons who may be in or upon the Project with the consent of Tenant will be paid for by Tenant, and Tenant will pay for all damage in the Project caused by Tenant's misuse; however, Tenant will pay for structural damage to the Project only if occasioned by negligent, reckless, or intentional acts or omissions of Tenant or any other person who may be in or upon the Project with the consent (implied or otherwise) of Tenant. All repairs to the Leased Premises necessary to maintain the Leased Premises in a tenantable and good condition will be done by or under the direction of Landlord at Tenant's expense (payable to Landlord immediately upon demand) except as otherwise specifically provided in this Lease. Tenant will pay for the replacement of doors or windows of the Leased Premises that are cracked or broken by Tenant, its employees, agents or invites, and SublessorTenant will not put any curtains, draperies or other hangings on or beside the windows in the Leased Premises without first obtaining Landlord's written consent. Any Landlord may make any alterations or improvements that Landlord may deem necessary for the preservation, safety or improvement of the Project. All alterations, additions, or improvements made and improvements, except fixtures installed by Tenant and that are removable without damage to the PremisesBuilding, will become or Sublessee’s behalfremain, whether at the expense of Sublessee or Sublessoras applicable, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensLandlord.

Appears in 2 contracts

Samples: Office Lease Agreement (Vestin Group Inc), Office Lease Agreement (Vestin Group Inc)

Repairs and Alterations. There A. Except to the extent such obligations are imposed upon Landlord hereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises as are necessary to keep the same in good condition and repair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (1) any carpet or other floor covering, (2) any interior partitions, (3) any doors, (4) the interior side of any demising walls, (5) any telephone and computer cabling that serves Tenant's equipment exclusively, (6) any supplemental air conditioning units, private showers and kitchens, including any plumbing in connection therewith, and similar facilities serving Tenant exclusively, and (7) any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be no obligation on performed in accordance with section X.B. below and the part rules, policies and procedures reasonably enacted by Landlord from time to time for the performance of Landlord or Sublessor work in the Building. If Tenant fails to make any necessary repairs to the Premises within ten (10) days after notice from Landlord (provided that no prior notice shall be required in the event of an emergency), Landlord may, at its option, make such repairs, alterations and Tenant shall pay the cost thereof to the Landlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10%) of the cost of such repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within ten (10) days by Tenant or improvements in order Landlord, Landlord shall not exercise its right to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements such repair on the Premises, Sublessee shall obtain the prior written consent thereto of both Tenant's behalf so long as Tenant commences such repair within ten (10) days after notice from Landlord and Sublessoris diligently pursuing the same to completion. Any alterationsLandlord shall, additionsat its expense (except as included in Basic Costs), or improvements made keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) the Premisesroof, or Sublessee’s behalfgutters, whether at downspouts, if any, and all other structural elements of the expense of Sublessee or SublessorBuilding; and (b) all mechanical, including electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including, but not limited to, wall coveringthe ceilings, carpeting, or other floor covering, paneling walls and built-floors in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensCommon Areas.

Appears in 2 contracts

Samples: Office Lease Agreement (Viewlocity Inc), Office Lease Agreement (Viewlocity Inc)

Repairs and Alterations. There shall be no obligation on Tenant agrees by taking possession of the part Leased Premises that the Leased Premises are then in a tenantable and good condition, that Tenant will take good care of Landlord or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Leased Premises, Sublessee shall obtain and the Leased Premises will not be altered or changed without the prior written consent thereto of both Landlord. Tenant waives any right to make repairs at Landlord's expense. Tenant will not make changes to locks or doors or add, disturb, or in any way change any plumbing, ducting, or wiring without first obtaining the written consent of Landlord. All damage or injury done to the Project by Tenant or by any persons who may be in or upon the Project with the consent of Tenant will be paid for by Tenant, and Tenant will pay for all damage to the Project caused by Tenant's misuse; however, Tenant will pay for structural damage to the Project only if occasioned by negligent, reckless, or intentional acts or omissions of Tenant or any other person who may be in or upon the Project with the consent (implied or otherwise) of Tenant. All repairs to the Leased Premises necessary to maintain the Leased Premises in a tenantable and good condition will be done by or under the direction of Landlord at Tenant's expense (payable to Landlord immediately upon demand) except as otherwise specifically provided in this Lease. Tenant will pay for the replacement of doors or windows of the Leased Premises that are cracked or broken by Tenant, its employees, agents or invites, and SublessorTenant will not put any curtains, draperies or other hangings on or beside the windows in the Leased premises without first obtaining Landlord's written consent. Any Landlord may make any alterations or improvements that Landlord may deem necessary for the preservation, safety, or improvement of the Project. All alterations, additions, or improvements made and improvements, except fixtures installed by Tenant and that are removable without damage to the PremisesBuilding, will become or Sublessee’s behalfremain, whether at the expense of Sublessee or Sublessoras applicable, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensLandlord.

Appears in 2 contracts

Samples: Office Lease Agreement (Vestin Group Inc), Office Lease Agreement (Vestin Group Inc)

Repairs and Alterations. There Tenant shall, at is expense, during the term of this Lease, keep the Leased Premises in good order and condition, and perform all repairs and maintenance that become necessary in or about the Leased Premises including, without limitation, plumbing and electrical systems and procuring and maintaining service contracts for the heating and/or air conditioning systems. Tenant shall be no obligation on the part of Landlord or Sublessor to not make any repairsalterations of, alterations additions to, or improvements in order to make changes in, the Leased Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain equipment without the prior written consent thereto of both Landlord Landlord, which consent shall not be unreasonably withheld, and Sublessor. Any all alterations, additionschanges, or and improvements made to the Premisesby whomsoever made, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and Landlord. Nothing contained in this paragraph shall be surrendered construed as requiring Landlord to make any repairs except repairs of a structural nature. Landlord shall maintain and make all necessary structural repair to the foundations, load bearing walls, and roofs. Tenant shall comply with all applicable laws and regulations of governmental authorities with respect to the use of the Leased Premises unless and to any work, except repairs of a structural nature, which may be ordered by such governmental authorities; but if Tenant, after notice ordering the work, fails to comply with reasonable promptness, Landlord, without notice to Tenant, may do such work and collect the cost thereof from Tenant as additional rent hereunder. If Landlord is required to xxxxx any nuisance on the Leased Premises. Landlord may do so without notice to Tenant and Tenant shall pay all costs thereof as additional rent hereunder within thirty(30) days from notification from Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end its Agent of the Termamount due. Tenant shall, shall elect on the last day of the original or renewal term, or upon the sooner termination of this Lease, peaceably and quietly surrender the Leased Premises and equipment to have Sublessee remove such Landlord, broom-clean, including all improvements, alterations, additionsrebuildings, replacements, changes or improvements. Sublessee shall thereupon accomplish such removal at its sole cost additions placed by Tenant thereon, in as good condition and repair any damage to as the Premises caused by such removal. In the event that Sublessor consents same were in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost commencement of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals the original term, normal wear and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of lienstear accepted.

Appears in 2 contracts

Samples: Lease Agreement (Aderis Pharmaceuticals Inc), Lease Agreement (Aderis Pharmaceuticals Inc)

Repairs and Alterations. There Mortgagor shall be no obligation on keep and maintain the part Property in good condition and repair and fully protected from the elements to the satisfaction of Landlord Bank. Mortgagor will not remove, demolish or Sublessor to make structurally alter any repairs, alterations of the buildings or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or other improvements on the PremisesProperty (except such alterations as may be required by laws, Sublessee shall obtain ordinances or regulations) without the prior written consent thereto of both Landlord and SublessorBank. Any alterationsMortgagor shall promptly notify Bank in writing of any material loss, additionsdamage or adverse condition affecting the Property. Eminent Domain. Should the Property or any interest therein be taken or damaged by reason of any public use or improvement or condemnation proceeding (“Condemnation”), or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, should Mortgagor receive any notice or other floor coveringinformation regarding such Condemnation, paneling and built-in cabinets Mortgagor shall give prompt written notice thereof to Bank. Bank shall be deemed a part entitled to all compensation, awards and other payments or relief granted in connection with such Condemnation and, at its option, may commence, appear in and prosecute in its own name any action or proceedings relating thereto. Bank shall be entitled to make any compromise or settlement in connection with such taking or damage. All compensation, awards, and damages awarded to Mortgagor related to any Condemnation (the “Proceeds”) are hereby assigned to Bank and Mortgagor agrees to execute such further assignments of the real estate Proceeds as Bank may require. Bank shall have the option of applying or paying the Proceeds in the same manner as insurance proceeds as provided herein. Mortgagor appoints Bank as its attorney-in-fact to receive and endorse the property of Sublessor Proceeds to Bank, which appointment is coupled with an interest and shall be surrendered irrevocable as long as any Obligations remain unsatisfied, but shall only be exercised by Bank after a Default has occurred and is continuing hereunder. Environmental Condition of Property and Indemnity. Mortgagor warrants and represents to Bank, except as reported by Mortgagor to Bank in writing or as disclosed in environmental reports delivered to Bank, that: (i) Mortgagor has inspected and is familiar with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end environmental condition of the TermProperty; (ii) the Property and Mortgagor, and any occupants of the Property, are in compliance with and shall elect continue to have Sublessee remove such alterationsbe in compliance with all applicable federal, additionsstate and local laws and regulations intended to protect the environment and public health and safety as the same may be amended from time to time (“Environmental Laws”); (iii) the Property is not and has never been used to generate, handle, treat, store or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair dispose of, in any damage to quantity, oil, petroleum products, hazardous or toxic substances, hazardous waste, regulated substances or hazardous air pollutants (“Hazardous Materials”) in violation of any Environmental Laws; (iv) no Hazardous Materials (including asbestos, mold or lead paint in any form) are located on or under the Premises caused by such removal. In Property or emanate from the event Property; (v) there are no unregistered underground storage tanks on the Property that Sublessor consents in writing are subject to any alterationsunderground storage tank registration laws or regulations; (vi) no notice has been received with regard to any Hazardous Material on the Property; (vii) no action, additionsinvestigation or proceeding is pending or to Mortgagor’s knowledge threatened which seeks to enforce any right or remedy against Mortgagor or the Property under any Environmental Law; and (viii) all licenses, permits and other governmental or improvements regulatory actions necessary for the Property to the Premises by Sublessee, they comply with Environmental Laws shall be made at obtained and maintained and Mortgagor shall assure compliance therewith. Further, Mortgagor represents to Bank that no portion of the sole cost of Sublessee by licensed contractors or workmen approved by SublessorProperty is a protected wetland except as otherwise shown on the survey delivered to Bank in connection with the Loan. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liens.Mortgagor

Appears in 1 contract

Samples: Rents and Security Agreement (Wellsford Real Properties Inc)

Repairs and Alterations. There Landlord shall be no obligation on responsible for ----------------------- maintenance and repair of the part roof and structural components of the Building. Except for roof and structural Landlord or Sublessor shall not be obligated to make any repairs, alterations or improvements in order to make maintain the Premises ready for occupancy by Sublesseeor any improvements located thereon or any fixtures or equipment located therein during the Fractional Term, the Lease Term or any renewal thereof. Prior to making any repairsNotwithstanding the foregoing the HVAC system, alterations or improvements on the Premisesroof, Sublessee shall obtain the prior written consent thereto of both Landlord structure, electrical and Sublessor. Any alterationsplumbing systems, additions, or improvements made and all other appurtenances to the Premises, or Sublessee’s behalf, whether Building shall be in good working condition and reasonably acceptable to Tenant at the expense commencement of Sublessee or Sublessorthe Lease Term. Further, including the HVAC system shall be warranted by Landlord to remain in good working condition for one (1) year from the commencement date of this Lease. Tenant agrees, at its sole cost and expense, to maintain, repair and replace all of the improvements (other than roof and structural components) including, but not limited to, wall coveringHVAC (except for the first Lease year), carpetingplumbing, electrical and all mechanical systems, plate glass, banking drive through facilities, vaults, the parking and service areas and landscaped areas located on the Premises in a good state of repair and to keep the Premises in a clean, neat and orderly condition. With the exception of relocating and constructing a new Automated Teller Machine (ATM) in the parking lot, renovation of the drive-up teller windows and relocating the night depository, Tenant may not erect additional improvements on the Premises or other floor coveringmake alterations or renovations to the existing improvements without Landlord's prior written consent, paneling which consent shall not be unreasonably withheld. Tenant shall hold Landlord harmless from any claim, losses, damages or liens arising as a result of such additions or renovations. Tenant shall provide Landlord with copies of all plans and built-specifications of improvements or renovations made pursuant hereto. Landlord shall cause the exterior of the Premises to be in cabinets compliance with the Americans with Disabilities Act (ADA) at the commencement of the initial Lease Term. Tenant shall be deemed a part responsible for exterior compliance as to matters arising after the commencement of the real estate initial Lease Term and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure for all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensinterior compliance.

Appears in 1 contract

Samples: Lease (Firstbancorporation Inc)

Repairs and Alterations. There Tenant shall keep and maintain the Leased Premises in good repair and condition; keep in good running order the heating and air-conditioning systems, electric wiring, toilets, water pipes, water, gas and electric fixtures; replace all locks, trimmings, glass and plate glass broken during the tenancy, regardless of the manner in which same may have been broken; unstop all water fixtures that may become choked and repair all water pipes and plumbing that may burst. If there be any elevators, escalators, lifts, machinery or appliances (herein called "equipment") on the Leased Premises, Tenant shall care for, maintain, and repair same, and shall indemnify and save harmless Landlord from any liability or claims for damages for injuries to persons and property arising therefrom. Tenant shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and all alterations, changes, and improvements, by whomsoever made, shall be no obligation on the part property of Landlord. Nothing contained in this paragraph shall be construed as requiring Landlord or Sublessor to make any repairs, alterations or improvements except repairs of a structural nature. Landlord shall maintain and make all necessary structural repairs to the foundations, load bearing walls, and roofs. Tenant, in order complying with all applicable laws and regulations of governmental authorities respecting the use of the Leased Premises, shall at Tenant's expense install all toilets that may be required, and do any work, except repairs of a structural nature, which may be ordered by such governmental authorities; but if Tenant, after notice ordering the work, fails to make comply with reasonable promptness, Landlord, without notice to Tenant, may do such work and collect the Premises ready for occupancy by Sublesseecost thereof from Tenant as additional rent hereunder. Prior If Landlord is required to making any repairs, alterations or improvements abatx xxx nuisance on the Leased Premises, Sublessee Landlord may do so without notice to Tenant and Tenant shall obtain pay all costs thereof as additional rent hereunder. Tenant shall, on the prior written consent thereto last day of both Landlord the original or renewal term, or upon the sooner termination of this lease, peaceably and Sublessor. Any quietly surrender the Leased Premises and equipment to Landlord, broom-clean, including all improvements, alterations, additionsrebuilds, replacements, changes or improvements made to additions placed by Tenant thereon, in as good condition and repair as the Premises, or Sublessee’s behalf, whether same were in at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part commencement of the real estate original term, normal wear and tear excepted; provided, however, Tenant shall not be required to return the property of Sublessor Leased Premises and shall be surrendered with equipment in as good condition as aforesaid if the Premises same are damaged or destroyed by fire or otherwise, unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, Tenant's fault or improvements to the Premises negligence which is not covered by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensinsurance.

Appears in 1 contract

Samples: Lease Agreement (International Knife & Saw Inc)

Repairs and Alterations. There Tenant shall keep the Premises in good condition and repair. All damage or injury to the Premises or the Building caused by the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees shall be no obligation on properly repaired by Tenant, at its sole cost and expense, to the part satisfaction of Landlord. Landlord or Sublessor to may make any repairs, alterations or repairs which are not promptly made by Tenant and charge Tenant for the cost thereof which costs shall be paid by Tenant within five (5) days from invoice by Landlord. Tenant shall be responsible for the design and function of all non-standard improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, whether or Sublessee’s behalf, whether not installed by Landlord at Tenant's request. Tenant waives all right to make repairs at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpetingLandlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes, repairs, or additions in or to the Premises without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord and upon the approval by Landlord of fully detailed and dimensioned plans and specifications pertaining to the work in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any work approved by Landlord. If Landlord, in approving any work specifies a commencement date therefor, Tenant shall not commence any work prior to such date. Tenant hereby indemnities and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other floor coveringliability, paneling claims and built-in cabinets demands arising out of any work done or material supplied to the Premises by or at the request of Tenant. If any permitted alterations, changes, repairs or additions are made, they shall be deemed a part of the real estate made at Tenant's expense and shall become the property of Sublessor and shall be surrendered with the Premises unless Landlord, except that Landlord or Sublessormay, by written notice to Tenant given to Sublessee no later than at least thirty (30) days prior to the end of the Termterm, shall elect require Tenant at Tenant's expense to have Sublessee remove such alterationsall partitions, additionscounters, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost railings and the like installed by Tenants, and to repair any damage damages to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liens[SEE ADDENDUM SECTION 8.]

Appears in 1 contract

Samples: Office Lease (Acacia Research Corp)

Repairs and Alterations. There shall be no obligation on Tenant agrees by taking possession of the part Leased Premises that the Leased Premises are then in a tenantable and good condition, that Tenant will take good care of Landlord or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Leased Premises, Sublessee shall obtain and the Leased Premises will not be altered or changed without the prior written consent thereto of both Landlord Tenant waives any right to make repairs at Landlord's expense. Tenant will not make changes to locks or doors or add, disturb, or in any way change any plumbing, ducting, or wiring without first obtaining the written consent of Landlord. All damage or injury done to the Project by Tenant or by any persons who may be in or upon the Project with the consent of Tenant will be paid for by Tenant, and SublessorTenant will pay for all damage to the Project caused by Tenant's misuse; however, Tenant will pay far structural damage to the Project only if occasioned by negligent, reckless, or intentional acts or omissions of Tenant or any other person who may be in or upon the Project with the consent (implied or otherwise) of Tenant. Any All repairs to the Leased Premises necessary to maintain the Leased Premises in a tenantable and good condition will be done by or under the direction of Landlord at Tenant's expense (payable to Landlord immediately upon demand) except as otherwise specifically provided in this Lease. Tenant will pay for the replacement of doors or windows of the Leased Premises that are cracked or broken by Tenant, its employees, agents or invites, and Tenant will not put any curtains, draperies or other hangings on or beside the windows in the Leased Premises without first obtaining Landlord's written consent. Landlord may make any alterations or improvements that Landlord may deem necessary for the preservation, safety, or improvement of the Project. All alterations, additions, or improvements made and improvements, except fixtures installed by Tenant and that are removable without damage to the PremisesBuilding, will become or Sublessee’s behalfremain, whether at the expense of Sublessee or Sublessoras applicable, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensLandlord.

Appears in 1 contract

Samples: Office Lease Agreement (Vestin Group Inc)

Repairs and Alterations. There Licensee shall be no obligation on the part of Landlord or Sublessor to not make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, additions or improvements to the Premises Licensed Space, including the installation of any phone or data lines (collectively referred to as “Alterations”), without first obtaining the written consent of Licensor in each instance, which Licensor may withhold in its sole and absolute discretion. For any Alteration, (a) Licensee, before commencing work, shall deliver to Licensor, and obtain Licensor’s approval of, plans and specifications; (b) Licensor, in its discretion, may require Licensee to obtain security for performance satisfactory to Licensor; (c) Licensee shall deliver to Licensor “as built” drawings (in CAD format, if requested by SublesseeLicensor), they completion affidavits, full and final lien waivers, and all governmental approvals; and (d) Licensee shall pay Licensor upon demand (i) Licensor’s reasonable out-of-pocket expenses incurred in reviewing the work, and (ii) a coordination fee equal to 5% of the cost of the work, except for the installation of any Lines (defined below). All Alterations shall become Licensor’s property upon installation and without compensation to Licensee. Notwithstanding the foregoing, unless otherwise notified by Licensor, Licensee, at its expense and before the expiration or earlier termination hereof, shall (a) remove any Alterations, (b) repair any resulting damage to the Building, and (c) restore the affected portion of the Building to its condition existing before the installation of such Alterations. If Licensee fails to complete such removal, repair or restoration when required, Licensor may do so at Licensee’s expense. Licensor, directly or through a contractor designated by Licensor, shall have the right to perform any Alterations requested by Licensee. Licensor shall be made at entitled to receive a market fee for the sole cost services it provides in connection with the performance of Sublessee by licensed contractors or workmen approved by Sublessorany such Alterations. Sublessee Licensee shall secure make all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall payments for Alterations in a timely manner so as not give rise to rights to third parties to file permit any mechanic’s or materialmanother liens to be placed upon the Building or Licensed Space in connection with any Alterations. Licensee shall fully discharge any such lien within 10 days after it first becomes aware of the same. Licensee shall not damage or deface the furnishings, walls, floors, ceilings or other portions of the Licensed Space, Common Areas, or Building. Licensor shall have the right to repair any damage caused by Licensee at Licensee’s lienssole cost and expense. Licensee shall reimburse Licensor for the reasonable cost of any such repairs within 10 days after receipt of an invoice, nor waive Sublessortogether with an administrative charge in an amount equal to 5% of the cost of the repairs. All Lines installed pursuant to this Agreement shall be (a) installed in accordance with this Section 7; and (b) clearly marked with adhesive plastic labels (or plastic tags attached to such Lines with wire) to show Licensee’s prohibition against name, suite number, and the purpose of such liensLines (i) every six (6) feet outside the Licensed Space (including the electrical room risers and any Common Areas), nor in and (ii) at their termination points. Licensor may designate specific contractors for work relating to vertical Lines. Sufficient spare cables and space for additional cables shall be maintained for other occupants, as reasonably determined by Licensor. Unless otherwise notified by Licensor, Licensee, at its expense and before the expiration or earlier termination hereof, shall remove all Lines and repair any manner abrogate that Section resulting damage. As used herein, “Lines” means all communications or computer wires and cables serving the Licensed Space installed by or at the direction of this Sublease requiring Sublessee to keep Premises free of liensLicensee.

Appears in 1 contract

Samples: License Agreement for Space and Services (Soleno Therapeutics Inc)

Repairs and Alterations. There Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems. Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep the Premises in good condition and repair. All damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be no obligation on the part of Landlord or Sublessor to make any repairspromptly repaired by Tenant, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair within ten (10) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) business days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, "ALTERATIONS") without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations. Tenant shall construct such Alterations in a good and workmanlike manner, in conformance with all applicable federal, state, county and municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord's construction rules and regulations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Notwithstanding anything to the contrary contained herein, Tenant may make strictly cosmetic changes to the finish work in the Premises (the "COSMETIC ALTERATIONS") without Landlord's consent, provided that the aggregate cost of any such alterations does not exceed $75,000.00 in any twelve (12) month period, and further provided that such alterations do not (i) require any structural or other substantial modifications to the Premises, (ii) require any changes to, nor adversely affect, the systems and equipment of the Project, and (iii) affect the exterior appearance of the Project. Tenant shall give Landlord at least fifteen (15) days prior notice of such Cosmetic Alterations, which notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in this Article 9. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. Prior to the commencement of any Alterations, Tenant shall provide Landlord with evidence that Tenant carries "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may reasonably require, it being understood that all such Alterations shall be insured by Tenant pursuant to Article 14 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien free completion of such Alterations and naming Landlord as a co-obligee. If permitted Alterations are made, they shall be made at Tenant's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at the time of Tenant's request for consent to such Alterations (provided Tenant requests that Landlord make such a determination at the time of Tenant's request for consent), require Tenant at Tenant's expense to remove all partitions, counters, railings and other Alterations installed by Tenant, and to repair any damage damages to the Premises caused by such removal. In Any and all costs attributable to or related to the event applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenants plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord, but which fee shall not exceed five percent (5%) of the cost of such Alterations; provided that Sublessor consents in writing if Tenant hires a construction supervisor reasonably approved by Landlord, such supervision fee shall be waived) sufficient to any alterationscompensate Landlord for all overhead, additionsgeneral conditions, or fees and other costs and expenses arising from Landlord's involvement with such work. The construction of initial improvements to the Premises by Sublessee, they shall be made at governed by the sole cost terms of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals the Tenant Work Letter and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section the terms of this Sublease requiring Sublessee to keep Premises free of liensArticle 9.

Appears in 1 contract

Samples: Standard Office Lease (Investment Technology Group Inc)

Repairs and Alterations. There Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems. Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep the Premises in good condition and repair. All damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be no obligation on the part of Landlord or Sublessor to make any repairspromptly repaired by Tenant, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and expense (to the extent not covered by Landlord's insurance), to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair within fifteen (15) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, "Alterations ") without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Notwithstanding anything to the contrary contained herein, Tenant may make strictly cosmetic changes to the finish work in the Premises (the "Cosmetic Alterations") without Landlord's consent, provided that such alterations do not (i) require any structural or other substantial modifications to the Premises, (ii) require any changes to, nor adversely affect, the systems and equipment of the Project, and (iii) affect the exterior appearance of the Project. Tenant shall give Landlord at least fifteen (15) days prior notice of such Cosmetic Alterations, which notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in this Article 9. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, they shall be made at Tenant's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at the time of Landlord's consent thereto (or if no consent is required, then within fifteen (15) days after written request by Tenant for such determination by Landlord), require Tenant at Tenant's expense to remove all partitions, counters, railings and other Alterations installed by Tenant, and to repair any damage damages to the Premises caused by such removal. In Any and all costs attributable to or related to the event that Sublessor consents applicable building codes of the city in writing which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenants plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any alterationsother work arising from or related to this Article 9 other than Cosmetic Alterations, additionsLandlord shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord but shall not exceed five percent (5%)) sufficient to compensate Landlord for all overhead, or general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. The construction of initial improvements to the Premises by Sublessee, they shall be made at governed by the sole cost terms of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals the Tenant Work Letter and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section the terms of this Sublease requiring Sublessee to keep Premises free of liensArticle 9.

Appears in 1 contract

Samples: Kushner Locke Co

Repairs and Alterations. There Subject to any punchlist items prepared in accordance with Exhibit B and to any patent defects discovered within 90 days after delivery of the premises or latent defects discovered within one year after delivery (provided that nothing herein shall be construed to require Landlord to correct any items in the premises which were damaged by Tenant’s misuse thereof). Tenant agrees by taking possession of the premises as herein set forth that such premises are then in a tentantable and good condition and conform with the requirements of this lease, that Tenant will take good care of the premises, and that the same will not be altered, repaired or changed without the written consent of the Landlord. Notwithstanding the foregoing, Tenant may, with advance written notice to Landlord but without the consent of Landlord, from time to time and at any time during the term of this lease, remove and move interior non-demising partitions, and move wires, cabling and power poles and make other similar changes within the premises in accordance with its customary practice, provided that Tenant shall repair any damage caused by such work to Landlord’s satisfaction. Such changes may be done by Tenant or its agents or by contractors hired by Tenant, at its own expense. Tenant shall promptly notify Landlord of any damage to or defect in any part of the premises, or in any equipment or utility system serving the premises, of which Tenant becomes aware and which is likely to cause or result in death or injury to any person or damage to property notwithstanding that Landlord may have no obligation on hereunder, Tenant agrees that all alterations, improvements, repairs or maintenance of the part premises shall, except as otherwise herein agreed, be made either by or under the direction of Landlord or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether but at the expense of Sublessee or Sublessor, Tenant (including but not limited to, wall covering, carpeting, or other floor covering, paneling a reasonable charge for Landlord’s overhead and built-in cabinets shall be deemed a part administration) and Tenant hereby waives the provisions of Subdivision (1) of Section 1932 and of Sections 1941 and 1941.1 of the real estate Civil Code of California, and all rights to make repairs at Landlord’s expense under the provisions of Section 1942 and 1942.1 of the Civil Code or any other provision of law. Unless otherwise provided by written agreement, all alterations, improvements and changes that may be permitted by Landlord shall at the termination of the lease become the property of Sublessor Landlord, and shall remain upon and be surrendered with the Premises unless premises, provided however, that at Landlord’s option and provided that Landlord has notified Tenant of Landlord’s election of such option at the time consent of such alteration is given, Tenant shall, at Tenant’s expense, when surrendering the premises, remove the same and restore the premises to their original condition at the commencement of this lease, taking into account normal wear and tear and damage by fire or Sublessorother casualty. Notwithstanding the foregoing, any improvement or fixture placed on the premises by notice given to Sublessee no later than thirty (30) days prior Tenant at Tenant’s cost and expense may be removed from the premises by Tenant upon termination of this lease, provided that any damage to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish premises caused by such removal shall be repaired by Tenant at its sole cost and repair expense. All damage or injury done to the premises by Tenant, or by any persons who may be in or around the premises with the consent of Tenant, shall be paid for by Tenant. Tenant shall, at the termination of this lease by the expiration of time or otherwise, surrender and deliver up the premises to Landlord in as good condition as when received by Tenant from Landlord, reasonable wear and tear and damage by fire or other casualty excepted. Tenant shall pay for all damage to the Premises building, the Project, or appurtenant areas or equipment, as well as all damage to tenants or occupants thereof or their property caused by such removalTenant or its employees or contractors. In Landlord shall diligently maintain and keep in good condition (comparable with other first-class office buildings in the event that Sublessor consents in writing to any alterationsvicinity of the building) the building and all public areas thereof, additionsincluding lobbies, or improvements to elevators, and elevator lobbies, and the Premises by Sublesseeroof, they shall be made at basement, and foundation, the sole cost exterior walls thereof, all windows, and structural components of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure the building, as well as all appropriate governmental approvals building systems, including the electrical system and permits the heating, ventilation and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensair conditioning system.

Appears in 1 contract

Samples: Agreement of Sublease (PRN Corp)

Repairs and Alterations. There Upon taking possession of the Premises as set forth herein, Tenant shall, be deemed to have accepted the Premises as being in tenantable and good condition. Upon delivery thereof, the Premises (and all Building systems directly serving the Premises except those which Tenant is responsible for installing in connection with the Tenant Improvements) shall be no obligation on in good condition, order and repair and the Premises roof shall be watertight. Tenant shall, at Tenant's sole cost and expense, repair and maintain the Premises and every part thereof in good order and condition and, except as expressly provided in Section 15 below, in compliance with all applicable laws, ordinances and regulations and, subject to the third sentence of Landlord or Sublessor to this Section 10, Tenant shall, at Tenant's sole cost and expense, make any repairs, change or alterations or improvements in order to make the Premises ready for occupancy by Sublesseerequired thereby. Prior to making any repairsWithout limiting the foregoing, alterations or improvements on the PremisesTenant shall, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to expense, cause the Premises caused to comply at all times with the requirements of Title III of the Americans With Disabilities Act (42 U.S.C. Section 12181 et seq.), the regulations now or hereafter adopted pursuant -- --- thereto, and any and all applicable laws, statutes, ordinances, rules and regulations concerning public accommodations for disabled persons now or hereafter in effect. Notwithstanding the foregoing, Tenant shall not alter or change the Premises or any other portion of the Building without the prior written consent of Landlord, which shall not be withheld for changes required by law, except that such removalchanges shall be subject to Landlord's reasonable approval of plans therefor and Landlord may elect to have its own contractors perform any such alterations that affect Building systems, utilities or structural portions and Tenant shall reimburse Landlord for the reasonable costs thereof within five (5) business days after written demand. In Notwithstanding the event immediately preceding sentence, Tenant shall have the right (i) to make interior, non- structural alterations which do not affect the Building systems (including, without limitation; mechanical, electrical, HVAC, plumbing and life and safety systems) and which do not cost more than $10,000 in the aggregate over the Term of the Lease and (ii) to install cables, computer lines and telephone lines in the Premises subject to Landlord's approval as to size, design, layout, location and method of installation. Tenant hereby waives the provisions of Subdivision (1) of Section 1932 of the Civil Code of California, and any successor or similar statute or law. All improvements, repairs and/or alterations that Sublessor consents in writing may be required of or desired by Tenant shall be done by Landlord's contractor but at the cost of Tenant. All improvements, repairs, and alterations shall become the property of Landlord and shall remain upon and be surrendered with the Premises; provided, however, that at Landlord's option, Tenant shall, at Tenant's expense, when surrendering the Premises, restore the same to any alterations, additions, their original condition. All damage or improvements injury done to the Premises by SublesseeTenant, they or by any persons who may be in or upon the Premises with the consent of Tenant, shall be made paid for by Tenant. Tenant shall, at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section termination of this Sublease requiring Sublessee Lease by the expiration of time or otherwise, surrender and deliver up the Premises to keep Landlord in as good condition as when received by Tenant from Landlord, reasonable wear and tear excepted and subject to the following (to the extent not caused or created by Tenant, its agents, employees or invitees): (i) acts of God, (ii) casualty, (iii) condemnation, (iv) the presence of Hazardous Materials not caused or created by Tenant, its agents employees or contractors, and (v) improvements, repairs and/or alterations which Landlord has requested to remain in the Premises. Tenant shall pay for all damage to the Building, as well as all damage to tenants or occupants thereof, caused by Tenant's misuse or neglect of the Premises free of liensor the appurtenances thereto.

Appears in 1 contract

Samples: Office Space Lease (Concentric Network Corp)

Repairs and Alterations. There Tenant accepts the Premises "as is," and agrees that the 34th floor Premises are in a good and tenantable condition. Tenant shall take proper care of the Premises. Tenant shall not remove existing improvements, or alter or improve the Premises in any way without the written approval and consent of Owner, which shall not be no obligation on the part of Landlord unreasonably withheld, conditioned or Sublessor delayed. Owner acknowledges that Tenant desires to make any repairs, substantial improvements and alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, in particular to the 9th floor Premises. Any and all such improvements shall be at Tenant's sole expense, and subject to Owner's prior approval, which shall not be unreasonably withheld, conditioned or Sublessee’s behalfdelayed, whether and Owner's supervision. Tenant shall obtain, at Tenant's sole expense, detailed plans and specifications for any alterations and improvements to the expense Premises and submit the same to Owner for approval, which approval shall be not be unreasonably withheld, conditioned or delayed. Tenant shall have the right to select the contractor for the performance of Sublessee any approved alterations and improvements, subject to Owner's approval which shall not be unreasonably withheld, conditioned or Sublessordelayed. In the event Tenant elects to hire Owner to make the approved alterations and improvements, including Tenant shall pay Owner for such work within ten (10) days of invoice. In the event Tenant elects to hire a contractor other than Owner to make the approved alterations and improvements, Owner shall be paid a supervision fee equal to four percent (4%) of the contract price of such approved alterations and improvements, but no less than Five Hundred Dollars ($500.00), provided however that the foregoing shall not limited tobe interpreted to apply to any purchase, wall coveringinstallation or configuration of trade fixtures within the Premises. Tenant shall not make changes to locks on doors or add, carpetingdisturb, or other floor coveringin any way change any plumbing or wiring without first obtaining the written consent of Owner, paneling and built-which consent shall not be unreasonably withheld, conditioned or delayed; provided nothing contained in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord foregoing is intended to apply to any wiring work done by Tenant to or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, between its trade fixtures. All damage or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage injury to the Premises caused by such removalTenant, or by any persons who may be in or upon Premises with the consent of Tenant, shall be paid for by Tenant (or, if applicable, Tenant's insurer). In Subject to the event that Sublessor consents provisions of Article 12, Tenant shall pay for all damage or injury to the Building or any other tenant of the Building caused by Tenant's negligence or misuse of the Premises, the appurtenances thereto, or the Meet-Me Room. All repairs to the Premises necessary to maintain Premises in writing to a good and tenantable condition shall be done by or under the direction and supervision of Owner, and at Owner's expense, except as otherwise specifically provided herein. Tenant shall pay for the repair or replacement of Special Improvements as provided in Article 23 and the repair or replacement of doors or windows of the Premises which are cracked or broken by Tenant, its employees, agents, or invitees. Tenant shall not put any alterationscurtains, additionsdraperies or other hangings on or beside the windows in the Premises without first obtaining Owner's consent, which will not be unreasonably withheld, conditioned or delayed. Owner may make any alterations or improvements to the Premises by Sublesseeand or the Building which Owner may deem necessary for the preservation, they safety or improvement of the Premises or Building; provided that Owner shall be made use reasonable efforts not to interfere with or interrupt the conduct of Tenant's business at the sole Premises. All alterations, additions and improvements to the Premises, except trade fixtures installed by Tenant which are removable without damage to the Premises or Building, shall become the property of Owner. Tenant shall, at the termination of this Lease by the expiration of time or otherwise, surrender and deliver up Premises to Owner in as good condition as when received by Tenant from Owner, normal wear and tear and damage by fire or other casualty excepted. Should Owner be required to make changes, alterations, improvements or additions to the Building or the Westin Building Garage at any time during the term of this Lease as a result of any law, rule, code or regulation which becomes effective after the Commencement Date of this Lease, then Tenant shall pay on demand by Owner, as additional rent, a monthly charge equal to the total agreed floor area of the Premises as stated in Article 1(b) divided by 350,000 times 1 and 1/3 percent of the cost of Sublessee by licensed contractors the change, alteration, improvement or workmen approved by Sublessoraddition. Sublessee Such additional rent shall secure all appropriate governmental approvals and permits commence upon substantial completion of each such change, alteration, improvement or addition and shall complete such alterations with due diligencecontinue through the end of the Lease Term. Any consent or approval given by Landlord or Sublessor hereunder Tenant shall not give rise be responsible for any portion of the cost to rights to third parties to file mechanic’s correct any latent construction defects in all or materialman’s liensany portion of the Building, nor waive Sublessor’s prohibition against such liensor any condition that is, nor in any manner abrogate that Section as of the date of this Sublease requiring Sublessee to keep Premises free of liensLease, not in compliance with existing laws, codes, rules or regulations.

Appears in 1 contract

Samples: Agreement of Lease (Infoseek Corp /De/)

Repairs and Alterations. There Tenant agrees by taking possession of premises that premises are then in a tenantable and good condition; that Tenant will take good care of premises, and the same will not be altered or changed without written consent of the Landlord. Tenant shall not make changes to locks on doors or add or in any way change any shelving, wall covering, or any fixtures without first obtaining written consent of Landlord. Any wall hangings should be carefully hung with small nails, first applying scotch tape to the wall so the paint will not chip when the nail is removed. Any repairs of the wall s necessary because of damage caused by wall decorations installed by Tenant shall be no obligation paid for by Tenant. Al damage or injury done to premises by Tenant or by any persons who may be in or upon premises with the consent of Tenant, shall be paid for by Tenant, and Tenant shall pay for all damage to the building caused by Tenant's misuse of premises or the appurtenances thereto. Tenant shall pay for the replacement of doors or windows of premises which are cracked, broken or damaged by Tenant, its employees, agent or invitee and Tenant shall not put any curtains, draperies, or other hangings on or beside the part of Landlord or Sublessor to make any repairs, alterations or improvements windows in order to make the Premises ready for occupancy by Sublesseepremises without first obtaining Landlord's consent. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any All alterations, additions, or improvements made and improvements, except fixtures installed by Tenant and which are removable without damage to the Premisesbuilding, shall become the property of Landlord. Tenant shall, at the termination of this lease by the expiration of time or Sublessee’s behalfotherwise, whether at surrender and deliver up premises to Landlord in as good a condition as when received by Tenant from Landlord. Tenant agrees that if he moves out prior to one year from date of this lease, Landlord shall be entitled to add a One Hundred Dollars ($100) charge to Tenant's closing statement to cover the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensLandlord's repainting Tenant's office.

Appears in 1 contract

Samples: Lease Agreement (Eclipse Entertainment Group Inc)

Repairs and Alterations. There Tenant shall keep the Premises in good condition and repair. Subject to Section 15(3), all damage or injury to the Premises or the Building caused by the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees shall be no obligation on properly repaired by Tenant, at its sole cost and expense, to the part satisfaction of Landlord. Landlord or Sublessor to may make any repairs, alterations or improvements in order to make repairs which are not promptly made by Tenant and charge Tenant for the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets cost thereof which costs shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, paid by notice given to Sublessee no later than Tenant within thirty (30) days prior from invoice by Landlord. Tenant waives all right to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes, repairs, or additions in or to the end Premises without Landlord’s prior written consent (not to be unreasonably withheld, conditioned or delayed), and then only by contractors or mechanics approved by Landlord and upon the approval by Landlord of fully detailed and dimensioned plans and specifications pertaining to the Termwork in question, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal be prepared and submitted by Tenant at its sole cost and repair any damage to the Premises caused by such removalexpense. In the event that Sublessor consents in writing Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any work approved by Landlord. If Landlord, in approving any work specifies a commencement date therefore, Tenant shall not commence any work prior to such date. If any permitted alterations, additionschanges, repairs or improvements to the Premises by Sublesseeadditions are made, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits Tenant’s expense and shall complete become the property of Landlord, except that Landlord may, by written notice to Tenant at the time Landlord’s gives its consent to such alterations with due diligence. Any consent or approval given improvements, require Tenant at Tenant’s expense at the end of the term to remove any or all alterations or additions made by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensTenant.

Appears in 1 contract

Samples: Office Lease (Content Checked Holdings, Inc.)

Repairs and Alterations. There The parties acknowledge and agree that Sublessee is subleasing the Premises in the Delivery Condition and, other than the Delivery Condition, Sublessor has made no representations or warranties with respect to the condition of the Premises. Sublessor shall be have no obligation on the part of Landlord or Sublessor whatsoever to make or pay for the cost of any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, improvements or improvements made repairs to the Premises, including, without limitation, any improvement or repair required to comply with any law, except as may otherwise be expressly provided in this Sublease. Master Lessor shall be solely responsible for performance of any repairs required to be performed by Master Lessor under the terms of the Master Lease. Sublessee’s behalf, whether at the expense of Sublessee or Sublessorits sole cost and expense, shall be responsible for janitorial service, including cleaning and trash removal, within the Premises. Notwithstanding anything herein to the contrary, Sublessor shall use reasonable efforts to cause Master Lessor to perform all of Master Lessor’s obligations under the Master Lease with respect to the maintenance and repair of the Premises, the Building and the Project and the maintenance and repair of the facilities and equipment of the Premises and the Building and shall use reasonable efforts to cause Master Lessor to provide the services and utilities to be provided by Master Lessor under the Master Lease. Sublessee can only make alterations to the Premises with prior, written approval of both Sublessor and Master Lxxxxx, not to be unreasonably withheld, conditioned, or delayed. Such alterations shall at all times comply with all the requirements of the Master Lease. A technical assessment of site utilities has not yet been conducted, but for illustrative purposes only, site alterations may consist of, but are not limited to, the following: - Lyra signage or decoration; see Article 26 - Expansion of the compressed air utility, possibly including additional piping, drop locations, or air compressors & dryers - Installation of wireless environmental monitoring sensors - Installation of temporary “soft wall” cleanroom systems. Such systems are assembled in-place and require only electrical service, and may benefit from removal or replacement of laboratory furniture within the area. - If needed: addition or modification of typical laboratory exhaust ventilation ports, 230V electrical receptacles, high purity gases, or high purity water (e.g. MilliQ, small RO loop) Such site alterations shall at all times comply with the requirements of the Master Lease, including, but not limited to, wall covering, carpeting, or other floor covering, paneling Article 5.2 and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensArticle 5.13(c).

Appears in 1 contract

Samples: Sublease (Lyra Therapeutics, Inc.)

Repairs and Alterations. There Tenant, at its sole cost and expense after the expiration of any warranty period by contractors and/or suppliers, whether the same shall be no the property of Tenant or Landlord, shall keep both the interior and exterior of the Leased Premises in good repair. This obligation on the part of Landlord or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including include (but is not limited to) all painting, wall coveringfloor maintenance, carpetingreplacement of damaged ceiling tile (except for damage caused by roof leaks), screen repair, and repair of all hardware, interior and exterior doors, trade fixtures and heating, air conditioning, water, electrical, plumbing and other equipment, whether or other floor covering, paneling not they were originally installed by Landlord or by Tenant. Tenant shall replace and built-in cabinets install all interior or exterior damaged glass except such glass as may be damaged as a result of settling of the building or improper initial installation. Alterations to the Leased Premises by Tenant shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered made only with the consent of Landlord and under its control and supervision. Any structural alterations by Tenant, (i.e., roof cuts, etc.) must have written approval by Landlord. However, consent shall not be unreasonably withheld in case of minor alterations to conform the Leased Premises unless to the use of Tenant's business. Any unauthorized structural alteration by Tenant, which jeopardizes or voids an existing building or roof warranty, shall result in the tenant being financially liable for all costs the Landlord incurs which would normally have been covered through the warranty period. Tenant shall bear the cost of any alterations or Sublessorinstallations which are made by it or for its convenience. Tenant shall promptly pay all contractors and materialmen, by notice given so as to Sublessee no later than minimize the possibility of a lien attaching to the Leased Premises, and should any such lien be made or filed, tenant shall bond against or discharge the same within thirty (30) days prior after written request by Landlord, notwithstanding the provisions regarding liens in Paragraph 15. Regardless of any obligation otherwise imposed upon Landlord, Tenant shall pay for the cost of any repairs or damage resulting from the negligence or the unlawful or willful acts of its employees, representatives or visitors. Landlord shall not be liable to the end Tenant for failure to make any repairs required of the Term, shall elect to have Sublessee remove such alterations, additionsLandlord, or improvements. Sublessee damages as a consequence thereof, unless written notice of necessity thereof has been given by Tenant to Landlord, specifying in reasonable detail the repairs required, and Landlord shall thereupon not have made such repairs within a reasonable period of time sufficient to accomplish such removal at its sole cost and repair any damage to repairs after receipt of such notice, due allowances being made for delays beyond the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost control of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensLandlord.

Appears in 1 contract

Samples: Stock Purchase Agreement (Altiva Financial Corp)

Repairs and Alterations. There shall be no obligation on Tenant agrees by taking possession of the part Leased Premises that the Leased Premises are then in a tenantable and good condition, that Tenant will take good care of Landlord or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Leased Premises, Sublessee shall obtain and the Leased Premises will not be altered or changed without the prior written consent thereto of both Landlord. Tenant waives any right to make repairs at Landlord's expense. Tenant will not make changes to locks or doors or add, disturb, or in any way change any plumbing, ducting, or wiring without first obtaining the written consent of Landlord. All damage or injury done to the Project by Tenant or by any persons who may be in or upon the Project with the consent of Tenant will be paid for by Tenant, and Tenant will pay for all damage to the Project caused by Tenant's misuse; however, Tenant will pay for structural damage to the Project only if occasioned by negligent, reckless, or intentional acts or omissions of Tenant or any other person who may be in or upon the Project with the consent (implied or otherwise) of Tenant. All repairs to the Leased Premises necessary to maintain the Leased Premises in a tenantable and good condition will be done by or under the direction of Landlord at Tenant's expense (payable to Landlord immediately upon demand) except as otherwise specifically provided in this Lease. Tenant will pay for the replacement of doors or windows of the Leased Premises that are cracked or broken by Tenant, its employees, agents or invites, and SublessorTenant will not put any curtains, draperies or other hangings on or beside the windows in the Leased Premises without first obtaining Landlord's written consent. Any alterationsLandlord may make any alterations or improvements that Landlord may deem necessary for the preservation, safety, or improvement of the Project. All alteration, additions, or improvements made and improvements, except fixtures installed by Tenant and that are removable without damage to the PremisesBuilding, will become or Sublessee’s behalfremain, whether at the expense of Sublessee or Sublessoras applicable, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensLandlord.

Appears in 1 contract

Samples: Office Lease Agreement (Vestin Group Inc)

Repairs and Alterations. There shall be no obligation on the part Tenant agrees by taking possession of Landlord or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairsas herein set forth that such Premises are then in a tenantable and good condition, alterations that Tenant will, at Tenant's sole cost and expense, repair and maintain in good order and condition the Premises and every part thereof, and the same will not be altered or improvements on the Premises, Sublessee shall obtain changed with the prior written consent thereto of both Landlord and SublessorLandlord. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a As part of the real estate consideration for rental hereunder7 Tenant agrees that all improvements, repairs or maintenance of the Premises shall, except as otherwise herein agreed, be made at Tenant's sole cost and expense. Unless otherwise provided for herein or by written agreement, all improvements, repairs and/or alterations that may be required of or desired by Tenant shall be done only by Landlord's contractor but at the sole cost and expense of Tenant, and all such improvements, repairs and/or alterations shall be the property of Sublessor Landlord and shall remain upon and be surrendered with the Premises unless Landlord or SublessorPremises; provided, by notice given to Sublessee no later than thirty (30) days prior to the end of the Termhowever, shall elect to have Sublessee remove such alterations, additions, or improvementsthat at Landlord's option Tenant shall. Sublessee shall thereupon accomplish such removal at its Tenant's sole cost and repair any damage expense, when surrendering the Premises, restore the same to its original condition as of the Commencement Date. Performance of such work by Landlord's contractor shall not be deemed a warranty to the Premises caused adequacy of the design, workmanship, or quality of materials, and Landlord expressly disclaims any responsibility or liability for the same. Following completion of any such improvements, repairs or alterations by Landlord's contractor, Landlord shall assign to Tenant all warranties and rights with respect to the repair and replacement of defective work which it holds from or against Landlord's contractor or other parties with respect to such removal. In the event that Sublessor consents in writing to any improvements repairs and/or alterations, additionsand shall thereafter cooperate with Tenant in enforcing the same. Upon expiration or earlier termination of this is Lease, all such warranties and rights shall automatically revert to Landlord and Tenant shall execute and deliver to Landlord all such documents reasonably requested by Landlord to document such reversion. All damage or improvements injury done to the Premises by SublesseeTenant, they or by any persons who may be in or upon the Premises with the consent of Tenancy, shall be made at the sole cost of Sublessee paid for by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensTenant.

Appears in 1 contract

Samples: Lease (Entertainment Internet Inc)

Repairs and Alterations. There 40. (a) (1) Except for Landlord's obligations under paragraphs 5 and 6 hereof, Tenant further covenants and agrees that he will, at his own expense, during the continuation of the is Lease, keep the Premises and every part thereof, including all electrical, heating, cooling and plumbing systems, in as good repair as when tendered by Landlord at the inception of the tenancy and at the expiration of the term yield and deliver up the same in like condition as when taken, reasonable use and wear thereof and damage by the elements excepted. Tenant shall not make any alterations, additions or improvements to the Premises without Landlord's prior written consent to the plans and specifications therefor subject to the terms of Paragraph 5 (C) above. Such plans and specifications shall be professionally prepared by Tenant and delivered to Landlord not later than fifteen (15) days following the day of Landlord's execution of the Lease. Landlord's position with respect to the same, including approval shall be stated to Tenant in writing, whereupon Tenant's work shall be completed by Tenant in accordance with the plans and specifications as so approved by Landlord at Tenant in writing, whereupon Tenant's work shall be completed by Tenant in accordance with the plans and specifications as so approved by Landlord at Tenant's sole cost, using reputable contractors and materials complying at all times with the code and regulations of the governmental agencies have jurisdiction over the property. Tenant shall promptly pay for all work including labor and materials such that no obligation on lien or encumbrance shall attach. If any lien shall attach, the part same shall constitute a breach of Landlord this Lease. Notwithstanding for foregoing in the event a construction lien is made against the Premises or Sublessor to make Tenant's interest therein as a result of any repairs, work undertaken by Tenant or as a result of any alterations or improvements repairs made by Tenant or any other act of Ten ant, Tenant shall, within seven (7) days after receiving notice of such lien, discharge such lien either by payment of the indebtedness due the lien claimant or by filing a bond (as provided by statute) as security therefor. In the event Tenant shall fail to discharge any such lien, Landlord shall have the right but not the obligation to procure such discharge by filing such bond in order addition to make Landlord's other remedies and Tenant shall reimburse the Premises ready for occupancy by Sublesseecost of such bond to Landlord upon demand. Prior to making any repairsAss alterations, alterations additions or improvements on made by either of the parties hereto upon the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord except movable office furniture and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether trade fixtures put in at the expense of Sublessee or SublessorTenant, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor Landlord, and shall remain upon and be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to at the end termination of the Termlease, shall elect to have Sublessee remove such alterations, additions, without molestation or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensinjury.

Appears in 1 contract

Samples: Syntel Inc

Repairs and Alterations. There Tenant shall keep the Premises in good condition and repair. All damage or injury to the Premises or the Project caused by the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees shall be no obligation on the part of Landlord or Sublessor to make any repairspromptly repaired by Tenant, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair expense, to the satisfaction of Landlord. After reasonable notice and opportunity to cure (except in an emergency), Landlord may make any damage repairs which are not promptly made by Tenant and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-Building standard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises caused without Landlord's prior written consent, and then only by such removal. In contractors or mechanics approved by Landlord and upon the event that Sublessor consents in writing to any alterations, additions, or improvements approval by Landlord of fully detailed and dimensioned plans and specifications pertaining to the Premises work in question, to be prepared and submitted by Sublessee, they shall be made Tenant at the its sole cost and expense. Notwithstanding the foregoing, Tenant may make "Nonstructural Alterations" without the consent of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee Landlord provided Tenant shall secure have given Landlord at least ten (10) business days prior written notice of the Nonstructural Alteration describing the Nonstructural Alteration in reasonable detail and Tenant's compliance with all appropriate governmental approvals of the other terms and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section conditions of this Sublease requiring Sublessee Article 9 and Article 10, including the requirement that Tenant deliver plans and specifications for its work to keep Premises free Landlord concurrently with its notice to Landlord of liens.the work. As used herein, "

Appears in 1 contract

Samples: Office Lease (Pilot Network Services Inc)

Repairs and Alterations. There Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems. Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep the Premises in good condition and repair. All damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be no obligation on promptly repaired by Tenant, at its sole cost and expense, to the part satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air conditioning systems of the Project, Landlord or Sublessor shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make any repairssaid repair within five (5) business days from receipt of said written notice, alterations or and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on of the Premises, Sublessee shall obtain the prior written consent thereto of both whether or not installed by Landlord and Sublessorat Tenant's request. Any alterations, additions, or improvements made Tenant waives all rights to the Premises, or Sublessee’s behalf, whether make repairs at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpetingLandlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, "Alterations") without Landlord's prior written consent, which consent shall not be unreasonably withheld, and then only by contractors or mechanics reasonably approved by Landlord in writing and upon the reasonable approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other floor coveringliability, paneling claims and built-demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in cabinets connection with any Alterations. If permitted Alterations are made, they shall be deemed a part of the real estate made at Tenant's sole cost and expense and shall be and become the property of Sublessor and shall be surrendered with the Premises unless Landlord, except that Landlord or Sublessormay, by written notice to Tenant given to Sublessee no later than at least thirty (30) days prior to the end of the Term, shall elect require Tenant at Tenant's expense to have Sublessee remove such alterationsall partitions, additionscounters, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost railings and other Alterations installed by Tenant, and to repair any damage damages to the Premises caused by such removal. In Any and all costs attributable to or related to the event that Sublessor consents applicable building codes of the city in writing which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant's plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any alterationsother work arising from or related to this Article 9, additionsLandlord shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, or general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. The construction of initial improvements to the Premises by Sublessee, they shall be made at governed by the sole cost terms of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals the Tenant Work Letter and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section the terms of this Sublease requiring Sublessee to keep Premises free of liensArticle 9.

Appears in 1 contract

Samples: Office Lease (Stanford Microdevices Inc)

Repairs and Alterations. There Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems. Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep the Premises in good condition and repair. All damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be no obligation on promptly repaired by Tenant, at its sole cost and expense, to the part satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air conditioning systems of the Project, Landlord or Sublessor shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make any repairssaid repair within five (5) business days from receipt of said written notice, alterations or and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on of the Premises, Sublessee shall obtain the prior written consent thereto of both whether or not installed by Landlord and Sublessor. Any alterationsat Tenant's request, additions, or improvements made Tenant waives all rights to the Premises, or Sublessee’s behalf, whether make repairs at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpetingLandlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, "Alterations") without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other floor coveringliability, paneling claims and built-demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in cabinets connection with any Alterations. If permitted Alterations are made, they shall be deemed a part of the real estate made at Tenant's sole cost and expense and shall be and become the property of Sublessor and shall be surrendered with the Premises unless Landlord, except that Landlord or Sublessormay, by written notice to Tenant given to Sublessee no later than at least thirty (30) days prior to the end of the Termterm, shall elect require Tenant at Tenant's expense to have Sublessee remove such alterationsall partitions, additionscounters, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost railings and other Alterations installed by Tenant, and to repair any damage damages to the Premises caused by such removal. In Any and all costs attributable to or related to the event that Sublessor consents applicable building codes of the city in writing which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant's plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any alterationsother work arising from or related to this Article 9, additionsLandlord shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, or general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. The construction of initial improvements to the Premises by Sublessee, they shall be made at governed by the sole cost terms of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals the Tenant Work Letter and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section the terms of this Sublease requiring Sublessee to keep Premises free of liensArticle 9.

Appears in 1 contract

Samples: Office Lease (Alloy Online Inc)

Repairs and Alterations. There Tenant shall keep the Premises in good condition and repair. All damage or injury to the Premises or the Project caused by the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees shall be no obligation on promptly repaired by Tenant, at its sole cost and expense, to the part satisfaction of Landlord. Landlord or Sublessor to may make any repairsrepairs which are not promptly made by Tenant and charge Tenant for the cost thereof, alterations or which cost shall be paid by Tenant within ten (10) days from invoice from Landlord. Landlord shall maintain the common areas of the Project and the cost thereof shall be an Operating Cost. Tenant shall be responsible for the design and function of all non-standard improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on of the Premises, Sublessee shall obtain the prior written consent thereto of both whether or not installed by Landlord and Sublessorat Tenant's request. Any alterations, additions, or improvements made Tenant waives all rights to make repairs to the Premises, or Sublessee’s behalf, whether Premises at the expense of Sublessee Landlord, or Sublessorto deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises without Landlord's prior written consent, which shall not be unreasonably withheld, and then only by contractors or mechanics who shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld, and further subject to the approval by Landlord of fully detailed and dimensioned plans and specifications pertaining to the work in question, to be prepared and submitted by Tenant at its sole cost and expense. Notwithstanding the foregoing, Tenant may make non-structural or decorative alterations which do not affect the Building systems or the Building shell in an amount not more than $20,000 during the term of the Lease without obtaining Landlord's prior written consent but otherwise subject to all of the terms and conditions of this Article 9, including but the requirement that Tenant deliver plans and specifications for such work to Landlord prior to the commencement thereof. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any work. If Landlord, in approving any work, specifies a commencement date therefor, Tenant shall not limited tocommence any work prior to such date. Tenant hereby indemnifies and agrees to defend and hold Landlord free and harmless from all liens and claims of lien, wall coveringand all other liability, carpetingclaims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant. If permitted alterations, changes, or other floor coveringadditions are made, paneling and built-in cabinets they shall be deemed a part of the real estate made at Tenant's expense and shall be and become the property of Sublessor and shall be surrendered with the Premises unless Landlord, except that Landlord or Sublessormay, by written notice to Tenant given to Sublessee no later than at least thirty (30) days prior to the end of the Lease Term, shall elect require Tenant at Tenant's expense to have Sublessee promptly both remove any such alterationsalteration, additions, change or improvements. Sublessee shall thereupon accomplish such removal at its sole cost addition and to repair any damage to the Premises caused by such removal. In removal and restore the event that Sublessor consents in writing to any alterations, additions, or improvements Premises to the Premises by Sublesseecondition that existed prior to such alteration in accordance with all applicable laws, they statutes, building codes and regulations in effect as of the date of such restoration. Notwithstanding the foregoing, Tenant shall have no obligation to remove the Tenant Building Standard Work. With regard to repairs, alterations or any other work arising from or related to this Article 9, Landlord shall be made at entitled to receive an administrative/supervision fee based on the sole total cost of Sublessee by licensed contractors all (i) work performed; (ii) materials, plans and drawings furnished; and (iii) all other costs and expenses related to such repairs, alterations or workmen approved by Sublessorother work ("Total Alteration Cost"). Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liens.If the total Alteration Cost is Ten Thousand

Appears in 1 contract

Samples: Office Lease (Health Management Systems Inc)

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Repairs and Alterations. There Tenant agrees that it will take good care of premises, and the same will not be altered or changed without the written consent of the Landlord and Tenant agrees to indemnify and save harmless Landlord from all liens, claims or demands arising out of any work performed, materials furnished, or obligations incurred by or for Tenant upon said Premises during said term in the manner prescribed by Landlord. Tenant hereby waives any right to make repairs at Landlord's expense. Tenant shall not make changes to locks on doors or add, disturb or in any way change any plumbing or wiring without first obtaining written consent of Landlord. All damage or injury done to Premises by Tenant or by any persons who may be in or upon Premises with the consent of Tenant shall be no obligation on the part of Landlord or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready paid for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee Tenant and Tenant shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any pay for all damage to the Premises caused by such removalTenant's misuse of Premises or the appurtenances thereto. In Tenant shall pay for the event that Sublessor consents replacement of doors of windows of Premises which are marred, cracked or broken by Tenant, its employees, agents, vendors or invitees, and Tenant shall not put any curtains, draperies or other hanging on or beside the windows in writing to or on the outside of Premises without first obtaining Landlord's written consent. Landlord may make any alterations or improvements which Landlord may deem necessary for preservation, safety or improvement of the Premises. At the termination of this lease, all alterations, additionsadditions and improvements, or improvements except fixtures installed by Tenant and which are removable by Tenant without damage to Premises shall become the Premises by Sublesseeproperty of Landlord. Tenant shall, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section termination of this Sublease requiring Sublessee lease by the expiration of time, otherwise, surrender and deliver up Premises to keep Premises free of liensLandlord in as good condition as when received by Tenant from Landlord, reasonable use and wear and damage by fire or other casualty accepted.

Appears in 1 contract

Samples: Lease Agreement (US Alliance Corp)

Repairs and Alterations. There shall be no obligation on the part of Landlord or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s 's behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s 's or materialman’s 's liens, nor waive Sublessor’s 's prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liens.

Appears in 1 contract

Samples: Wright Investors Service Holdings, Inc.

Repairs and Alterations. There Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems (provided, however, that Landlord's obligation with respect to any such systems shall be no obligation on to repair and maintain those portions of the part systems located in the core of Landlord the Project or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on other areas outside of the Premises, Sublessee but Tenant shall obtain be responsible to repair and maintain any distribution of such systems throughout the prior Premises). Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep the Premises in good condition and repair. All damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be promptly repaired by Tenant, at its sole cost and expense, to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written consent thereto notice and the reasonable opportunity of both Landlord Tenant to make said repair within five (5) business days from receipt of said written notice, and Sublessorcharge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Any alterations, additions, or Tenant shall be responsible for the design and function of all non-standard improvements made to of the Premises, whether or Sublessee’s behalf, whether not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpetingLandlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, "ALTERATIONS") without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other floor coveringliability, paneling claims and built-demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in cabinets connection with any Alterations. If permitted Alterations are made, they shall be deemed a part of the real estate made at Tenant's sole cost and expense and shall be and become the property of Sublessor and shall be surrendered with the Premises unless Landlord, except that Landlord or Sublessormay, by written notice to Tenant given to Sublessee no later than at least thirty (30) days prior to the end of the Term, shall elect require Tenant at Tenant's expense to have Sublessee remove such alterationsall partitions, additionscounters, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost railings and other Alterations installed by Tenant, and to repair any damage damages to the Premises caused by such removal. In Any and all costs attributable to or related to the event that Sublessor consents applicable building codes of the city in writing which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenants plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any alterationsother work arising from or related to this Article 9, additionsLandlord shall be entitled to receive an administrative/supervision fee (which fee must be reasonable and may vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, or general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. The construction of initial improvements to the Premises by Sublessee, they shall be made at governed by the sole cost terms of Sublessee by licensed contractors or workmen approved by Sublessorthe Tenant Work Letter and not the terms of this Article 9. Sublessee shall secure all appropriate governmental approvals and permits and shall complete Notwithstanding anything to the contrary contained herein, Tenant may make strictly cosmetic changes to the finish work in the Premises (the "COSMETIC ALTERATIONS"), without Landlord's consent, provided that such alterations with due diligence. Any consent do not (i) require any structural or approval given by Landlord or Sublessor hereunder shall not give rise other substantial modifications to rights to third parties to file mechanic’s or materialman’s liensthe Premises, (ii) require any changes to, nor waive Sublessor’s prohibition against adversely affect, the systems and equipment of the Project, and (iii) affect the exterior appearance of the Project. Tenant shall give Landlord at least fifteen (15) days prior notice of such liensCosmetic Alterations, nor which notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensArticle 9.

Appears in 1 contract

Samples: Office Lease (Procom Technology Inc)

Repairs and Alterations. There shall be no obligation on the part of Landlord or Sublessor agrees to make any repairsall necessary repairs to the exterior walls, alterations exterior doors, windows and corridors of the Building. Landlord agrees to keep the Building in a clean, neat and attractive condition. Landlord agrees to keep all building standard equipment such as elevators, plumbing, heating, air conditioning and similar equipment in good repair, but Landlord shall not be liable or improvements responsible for breakdowns or temporary interruptions in order service when reasonable efforts are used to make restore service. Tenant agrees that it will pay for the cost of all repairs to the Leased Premises ready for occupancy not required above to be made by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessorbe responsible for all redecorating, remodeling, alteration and painting required by it during the term of this Lease. Any alterations, additions, or improvements made Tenant shall pay for any repairs to the Leased Premises, or Sublessee’s behalfthe Building, whether made necessary by any negligence or carelessness of Tenant, its employees or invitees. Tenant agrees to maintain the Leased Premises in a clean, neat and sanitary condition. Tenant may place partitions and fixtures and make improvements and other alterations in the interior of the Leased Premises at Tenant's expense, provided, however, that prior to commencing any such work Tenant shall first obtain the written consent of Landlord to the proposed work and Landlord shall have the right to review and approve all plans. Landlord may require that said work be done by Landlord's own employees or under Landlord's direction but at the expense of Sublessee Tenant, and Landlord may, as a condition to consenting to such work, require that Tenant give security that the Leased Premises will be completed free and clear of liens and in a manner satisfactory to Landlord. Notwithstanding the foregoing, any such improvements or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling alterations by Tenant shall conform to and built-be in cabinets shall be deemed a part substantial accordance in quality and appearance with the quality and appearance of the real estate and improvements in the remainder of the Building. Any such improvements shall become the property of Sublessor Landlord upon expiration of this Lease. Tenant shall remove any movable furniture and equipment upon termination of this Lease and shall be surrendered with deliver the Leased Premises unless to Landlord or Sublessorin as good condition as received, by notice given to Sublessee no later than thirty (30) days prior to the end of the Termbroom clean, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost normal wear and repair any damage to the Premises caused by such removaltear expected. In the event that Sublessor consents Tenant receives consent of the Landlord and uses Tenant's own contractor for any such improvements then Tenant must provide Landlord with contractor's evidence of workmen's compensation and liability insurance in writing amounts sufficient to Landlord and have acquired the necessary building permits to prior to commencing any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensconstruction.

Appears in 1 contract

Samples: Lease (CSK Auto Corp)

Repairs and Alterations. There Tenant shall keep the Premises in good condition and repair. All damage or injury to the Premises or the Building caused by the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees shall be no obligation on properly repaired by Tenant, at its sole cost and expense, to the part satisfaction of Landlord. Landlord or Sublessor to may make any repairs, alterations or repairs which are riot promptly made by Tenant and charge Tenant for the cost thereof which costs shall be paid by Tenant within five (5) days from invoice by Landlord. Tenant shall be responsible for the design and function of all non-standard improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, whether or Sublessee’s behalf, whether not installed by Landlord at Tenant's request. Tenant waives all right to make repairs at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpetingLandlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes, repairs, or additions in or to the Premises without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord and upon the approval by Landlord of fully detailed and dimensioned plans and specifications pertaining to the work in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any work approved by Landlord. If Landlord, in approving any work specifies a commencement date therefore, Tenant shall not commence any work prior to such date. Tenant hereby indemnities and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other floor coveringliability, paneling claims and built-in cabinets demands arising out of any work done or material supplied to the Premises by or at the request of Tenant. If any permitted alterations, changes, repairs or additions are made, they shall be deemed a part of the real estate made at Tenant's expense and shall become the property of Sublessor and shall be surrendered with the Premises unless Landlord, except that Landlord or Sublessormay, by written notice to Tenant given to Sublessee no later than at least thirty (30) days prior to the end of the Termterm, shall elect require Tenant at Tenant's expense to have Sublessee remove such alterationsall partitions, additionscounters, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost railings and the like installed by Tenants, and to repair any damage damages to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liens.

Appears in 1 contract

Samples: Office Lease (1st Miracle Group Inc /Ontario/)

Repairs and Alterations. There Tenant shall keep the Premises in good condition and repair, except for damage caused by ordinary wear and tear, or caused by Landlord, its agents, representatives, employees or contractors or otherwise beyond the reasonable control of Tenant (provided, however, such exclusion shall not exclude damage caused by Tenant or Tenant's employees, invitees, agents and the like). All damage or injury to the Premises or the Project caused by the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be no obligation on the part of Landlord or Sublessor to make any repairspromptly repaired by Tenant, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and expense (except to the extent Landlord has responsibility for same under this Lease.), to the satisfaction of Landlord; provided, however, that for damage to the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all nonstandard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the work in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any work approved by Landlord. If Landlord, in approving any work, specifies a reasonable commencement date therefor, Tenant shall not commence any work prior to such date. Tenant hereby indemnifies and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant. If permitted alterations, changes, or additions are made, they shall be made at Tenant's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at the time of approval of such work, require Tenant it Tenant's expense to remove all partitions, counters, i and the like installed by Tenant (excluding the Tenant Improvements as defined below), and to repair any damage damages to the Premises caused by such removal. In With regard to repairs, alterations or any other work (excluding the event that Sublessor consents in writing Tenant Improvements) arising from or related to this Article 9 which Tenant requests Landlord to complete, Landlord shall be entitled to receive an administrative/supervision fee of fifteen percent (15%) of the total cost of all (i) work performed; (ii) materials, plans and drawings furnished; and (iii) all other costs and expenses related to such repairs, alterations or other work. below, Tenant shall also pay for any alterations, additions, or improvements required metering system for such unit(s) and shall pay for any and all utility charges to operate the unit(s). Notwithstanding anything to the Premises by Sublesseecontrary contained in this Lease, they the contractor(s) and subcontractors constructing the Tenant Improvements shall be made at receive free on-site parking during construction of the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals Tenant Improvements, and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder Tenant shall not give rise to rights to third parties to file mechanic’s be charged for the use of freight elevators, loading docks, utilities or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section temporary HVAC during the construction of this Sublease requiring Sublessee to keep Premises free of liensthe Tenant Improvements.

Appears in 1 contract

Samples: Lease Agreement (Broadband Sports Inc)

Repairs and Alterations. There Tenant agrees by taking possession of premises that premises are then in a tenantable and good condition; that Tenant will take good care of premises, and the same will not be altered or changed without written consent of the Landlord. Tenant shall not make changes to locks on doors or add or in any way change any -------------------------------------------------------------------------------- 10900 NE 8th Street, (Plaza Center Builxxxx), Xxxxx 000, Xxxxxxxx, XX 00000 (000) 000-0000 Email address: suites@bscinet.com xxxxxxxx, wall covering, or any fixtures without first obtaining written consent of Landlord. Any wall hangings should be carefully hung with small nails, first applying scotch tape to the wall so the paint will not chip when the nail is removed. Any repairs of the walls necessary because of damage caused by wall decorations installed by Tenant shall be no obligation paid for by Tenant. All damage or injury done to premises by Tenant or by any persons who may be In or upon premises with the consent of Tenant, shall be paid for by Tenant, and Tenant shall pay for all damage to the building caused by Tenant's misuse of premises or the appurtenances thereto. Tenant shall pay for the replacement of doors or windows of premises which are cracked, broken or damaged by Tenant, its employees, agent or Invitee and Tenant shall not put any curtains, draperies, or other hangings on or beside the part of Landlord or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublesseewindows In premises without first obtaining Landlord's consent. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any All alterations, additions, or improvements made and improvements, except fixtures Installed by Tenant and which are removable without damage to the Premisesbuilding, shall become the property of Landlord. Tenant shall, at the termination of this lease by the expiration of time or Sublessee’s behalfotherwise, whether at surrender and deliver up premises to Landlord in as good a condition as when received by Tenant from Landlord. Tenant agrees that if they move out prior to one year from date of this lease, Landlord shall be entitled to add a One Hundred Dollars ($100) charge to Tenant's closing statement to cover the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensLandlord's repainting Tenant's office.

Appears in 1 contract

Samples: Lease Agreement (Cyberecord Inc)

Repairs and Alterations. There Tenant shall keep the interior of the Premises in good condition and repair. All damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be no obligation on promptly repaired by Tenant, at its sole cost and expense, to the part satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord or Sublessor shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make any repairssaid repair within five (5) business days from receipt of said written notice, alterations or and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on of the Premises, Sublessee shall obtain the prior written consent thereto of both whether or not installed by Landlord and Sublessorat Tenant’s request. Any alterations, additions, or improvements made Tenant waives all rights to the Premises, or Sublessee’s behalf, whether make repairs at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpetingLandlord, or other floor coveringto deduct the cost thereof from the rent. Tenant shall make no alterations, paneling and built-changes or additions in cabinets or to the Premises (collectively, “Alterations”) without Landlord’s prior written consent, which consent may be withheld and/or conditioned in Landlord’s reasonable discretion. Notwithstanding the foregoing, Tenant shall be deemed a part permitted to make Alterations to the Premises following five (5) days written notice to Landlord, but without Landlord’s prior consent, to the extent that such Alterations (i) do not adversely affect the systems and equipment of the real estate Building, (ii) do not require a permit, (iii) do not affect the structural aspects of the Building, and (iv) cost less than $50,000. Tenant shall construct such Alterations in a good and workmanlike manner, in conformance with all applicable federal, state, county and municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord’s construction rules and regulations. Prior to the commencement of any Alterations, Tenant shall provide Landlord with evidence that Tenant carries customary “Builder’s All Risk” insurance in an amount reasonably approved by Landlord covering the construction of such Alterations, it being understood that all such Alterations shall be insured by Tenant pursuant to Article 14 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien free completion of such Alterations and naming Landlord as a co-obligee. If permitted Alterations are made, they shall be made at Tenant’s sole cost and expense and shall be and become the property of Sublessor and shall be surrendered with the Premises unless Landlord, except that Landlord or Sublessormay, by written notice to Tenant given to Sublessee no later than at least thirty (30) days prior to the end of the Term, shall elect require Tenant at Tenant’s expense to have Sublessee remove such alterationsany Alterations installed by Tenant, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and to repair any damage damages to the Premises caused by such removal. In Any and all costs attributable to or related to the event that Sublessor consents applicable building codes of the city in writing which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenants plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any alterationsother work arising from or related to this Article 9, additionsLandlord shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, or general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. Notwithstanding the foregoing, however, the original improvements to the Premises as contemplated by Sublessee, they the Tenant Work Letter shall be made at undertaken, completed and insured by Landlord and are not subject to the sole cost preceding provisions in this Article 9. Landlord shall maintain and keep in good repair the structural elements, HVAC, electrical, plumbing (except in the interior of Sublessee by licensed the Premises), elevators, exterior walls and windows and the public and common areas of the Project and Premises as the same may exist from time to time, except for damage or wear and tear which is the result of negligence or willful misconduct of Tenant or Tenant’s employees, contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensagents.

Appears in 1 contract

Samples: Standard Office Lease (Allion Healthcare Inc)

Repairs and Alterations. There All repairs and alterations deemed necessary by Lessee shall be no obligation made by said Lessee at Lessee's cost and expense with the consent of Lessor; and all repairs and alterations so made shall remain as a part of the realty; all plate and other glass now in said demised premises is at the risk of said Lessee, and if broken, is to be replaced by and at the expense of said Lessee. The Lessor reserves the right to prescribe the form, size, character and location of any and all awnings affixed to and all signs which may be placed or painted upon any part of the demised premises, and the Lessee agrees not to place any awning or sign on any part of the demised premises without the written consent of the Lessor, or to bore or cut into any column, beam or any part of the demised premises without the written consent of Lessor. The Lessee and all holding under said Lessee agrees to use reasonable diligence in the care and protection of said premises during the term of this lease, to keep the water pipes, sewer drains, heating apparatus, elevator machinery and sprinkler system in good order and repair and to surrender said premises at the termination of this lease in substantially the same and in as good condition as received, ordinary wear and tear excepted. The Lessee shall pay according to the rules and regulations of the water department for all water used in the demised premises. The Lessee will erect fire escapes on said premises at said Lessee's own cost, according to law, should the proper authorities demand same. The Lessee agrees to keep said premises in good order and repair and free from any nuisance or filth upon or adjacent thereto, and not to use or permit the use of the same or any part thereof for any purpose forbidden by law or ordinance now in force or hereafter enacted in respect to the use or occupancy of said premises. The Lessor or legal representatives may, at all reasonable hours, enter upon said premises for the purpose of examining the condition thereof and making such repairs as Lessor may see fit to make. If the cost of insurance to said Lessor on said premises shall be increased by reason of the occupancy and use of said demised premises by said Lessee or other person under said Lessee, all such increase over the existing rate shall be paid by said Lessee to said Lessor on demand. The Lessee agrees to pay double rent for each day the lessee, or any one holding under the Lessee, shall retain the demised premises after the termination of this lease, whether by limitation or forfeiture. Damage to Tenants' Property Lessor shall not be liable to said Lessee or any other person or corporation, including employees, for any damage to their person or property caused by water, rain, snow, frost, fire, storm and accidents, or by breakage, stoppage or leakage of water, gas, heating and sewer pipes or plumbing, upon, about or adjacent to said premises. The destruction of said building or premises by fire, or the elements, or such material injury thereto as to render said premises unquestionably untenantable for 60 days, shall at the option of said Lessor or Lessee produce and work a termination of this lease. If the Lessor and Lessee cannot agree as to whether said building or premises are unquestionably untenantable for 60 days, the fact shall be determined by arbitration; the Lessor and the Lessee shall each choose an arbitrator within five days after either has notified the other in writing of such damage, the two so chosen, before entering on the discharge of their duties, shall elect a third, and the decision of any two of such arbitrators shall be conclusive and binding upon both parties hereto. If it is determined by arbitration, or agreement between the Lessor and the Lessee, that said building is not unquestionably untenantable for 60 days, then said Lessor must restore said building at Lessor's own expense, with all reasonable speed and promptness, and in such a just and proportionate part of said rental shall be abated until said premises have been restored. Failure on the part of Landlord the Lessee to pay any installment of rent or Sublessor increase in insurance rate promptly as above set out, as and when the same becomes due and payable, or failure of the lessee promptly and faithfully to make keep and perform each and every covenant, agreement and stipulation herein on the part of the Lessee to be kept and performed, shall at the option of the Lessor cause the forfeiture of this lease. Possession of the within demised premises and all additions and permanent improvements thereof shall be delivered to Lessor upon ten days' written notice that Lessor has exercised said option, and thereupon Lessor shall be entitled to and may take immediate possession of the demised premises, any repairsother notice or demand being hereby waived. Any and all notices to be served by the Lessor upon the Lessee for any rach of covenant of this lease, alterations or improvements otherwise, shall be served upon the Lessee in person, or left with anyone in charge of the premises, or posted upon some conspicuous part of said premises. Said Lessee will quit and deliver up the possession of said premises to the Lessor or Lessor's heirs, successors, agents or assigns, when this lease terminates by limitation or forfeiture, with all window glass replaced, if broken, and with all keys, locks, bolts, plumbing fixtures, elevator, sprinkler, boiler and heating appliances in as good order and condition as the same are now, or may hereafter be made by repair in compliance with all the covenants of this lease, save only the wear thereof from reasonable and careful use. But it is hereby understood, and Lessee hereby covenants with the Lessor, that such forfeiture, annullment or voidance shall not relieve the Lessee from the obligation of the Lessee to make the Premises ready monthly payments of rent hereinbefore reserved, at the times and in the manner aforesaid; and in case of any such default of the Lessee, the Lessor may re-let the said premises as the agent for occupancy by Sublessee. Prior to making and in the name of the Lessee at any repairsrental readily obtainable, alterations or improvements on applying the Premisesproceeds and avails thereof, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterationsfirst, additions, or improvements made to the Premisespayment of such expense as the Lessor may be put to in re-entering, or Sublessee’s behalfand then to the payment of said rent as the same may from time to time become due, whether at and toward the expense fulfillment of Sublessee or Sublessorthe other covenants and agreements of the Lessee herein contained, including but not limited toand the balance, wall coveringif any, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed paid to the Lessee; and the Lessee hereby covenants and agrees that if the Lessor shall recover or take possession of said premises as aforesaid, and be unable to re-let and rent the same so as to realize a part sum equal to the rent hereby reserved, the Lessee shall and will pay to the Lessor any and all loss of difference of rent for the residue of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior term. The Lessee hereby gives to the end of Lessor the Termright to place and maintain its usual "for rent" signs upon the demised premises, shall elect in the place that the same are usually displayed on property similar to have Sublessee remove such alterationsthat herein demised, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to for the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section last thirty days of this Sublease requiring Sublessee to keep Premises free of lienslease.

Appears in 1 contract

Samples: Commercial Lease (Lmi Aerospace Inc)

Repairs and Alterations. There Lessee agrees by taking possession of Premises that Premises are then in a tenantable and good condition and that Lessee will take good care of Premises. Lessee shall be not make changes to locks on doors or add, disturb or in any way change any plumbing or wiring without first obtaining written consent of Lessor. Lessee shall make no obligation on the part of Landlord or Sublessor to make any repairsalterations, alterations additions or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain without the prior written consent thereto of both Landlord Lessor, and SublessorLessor may impose as a condition of such consent, such requirements as Lessor in its sole discretion may deem reasonable or desirable, including, without limiting the generality of the foregoing, requirements as to the manner in which, the time or times at which, and the contractor by whom such work shall be done. Any All such alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and become the property of Sublessor Lessor and shall be surrendered with Premises, as a part thereof, at the Premises unless Landlord or Sublessorend of the term hereof, except that Lessor may, by written notice to Lessee given to Sublessee no later than at least thirty (30) days prior to the end of the Termterm, require Lessee to remove all partitions, counters, railing and the like installed by Lessee, and to repair any damages to Premises from such removal. All damage or injury done to Premises by Lessee, its employees or invitees, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee be paid for by Lessee and Lessee shall thereupon accomplish such removal at its sole cost and repair any pay for all damage to the Premises Building caused by such removalLessee's misuse of Premises. In Lessee shall pay for the event that Sublessor consents replacement of doors or windows of Premises which are cracked or broken by Lessee, its employees, agents or invitees and Lessee shall not put any curtains, draperies or other hangings on or beside the windows in writing to Premises without first obtaining Lessor's consent. Lessor may make any alterationsalterations of improvements which Lessor may deem necessary for the preservation, additionssafety or improvement of Premises or Building. Lessee shall, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section termination of this Sublease requiring Sublessee lease by expiration of term or otherwise, surrender and deliver up Premises to keep Premises free of liensLessor in as good condition as when received by Lessee from Lessor, reasonable use and wear and damage by fire or other casualty excepted.

Appears in 1 contract

Samples: Fine Com Corp

Repairs and Alterations. There Tenant agrees by taking possession of the Premises that such Premises are then in a tenantable and good condition. Tenant will take good care of the Premises and promptly notify the Landlord in writing of any damage caused thereto by the Tenant, its employees or invitees and will not make any repairs or alterations without written permission of Landlord first had and obtained, and consent for same shall not be unreasonably withheld by Landlord. Landlord shall be under no obligation on the part of Landlord or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to upon the Premises, or Sublessee’s behalfany part thereof, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-any time except as provided in cabinets this Lease. Landlord shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and expense, at all times during the term hereof, repair and maintain the roof and exterior walls (other than plate glass, store fronts and doors) and foundations of the building in which the Premises are located; provided that Tenant shall reimburse Landlord for the cost and expense of repairing any and all damage to the roof, foundation or exterior walls of the Premises caused by such removalresulting from the acts or omissions of Tenant, Tenant's agents, employees, customers or other invitees. In Tenant shall, except for the event that Sublessor consents in writing to any alterationsnegligent acts or omissions or Landlord, additionsits agents, or employees, at its sole cost and expense, at all times during the term hereof, keep and maintain the Premises, the improvements thereof and every part thereof (including but not limited to plate glass, heating, ventilating, and air conditioning equipment, store fronts and doors) in good and sanitary order, condition and repair and in compliance with all laws and regulations applicable thereto and shall do such reasonable period painting of the interior of the Premises as may be required and approved by Sublessee, they shall be made Landlord. Tenant hereby waives the provisions of subsection 1 of Section 1932 and Sections 1941 and 1942 of the Civil Code of California and all rights to make repairs at the sole cost expenses of Sublessee by licensed contractors or workmen approved by SublessorLandlord as provided in Section 1942 of said Civil Code. Sublessee shall secure Tenant covenants regularly to inspect and maintain in good order and repair all appropriate governmental approvals grease traps and permits vents, if any, and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section provide cleaning of this Sublease requiring Sublessee to keep Premises free of lienssame on a regular basis as reasonably required.

Appears in 1 contract

Samples: Coast Bancorp

Repairs and Alterations. There shall be no obligation on Tenant agrees by taking possession of the part Leased Premises that the Leased Premises are then in a tenantable and good condition, that Tenant will take good care of Landlord or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Leased Premises, Sublessee shall obtain and the Leased Premises will not be altered or changed without the prior written consent thereto of both Landlord. Tenant waives any right to make repairs at Landlord's expense. Tenant will not make changes to locks or doors or add, disturb, or in any way change any plumbing, ducting, or wiring without first obtaining the written consent of Landlord. All damage or injury done to the Project by Tenant or by any persons who may be in or upon the Project with the consent of Tenant will be paid for by Tenant, and Tenant will pay for all damage to the Project caused by Tenant's misuse; however, Tenant will pay for structural damage to the Project only if occasioned by negligent, reckless, or intentional acts or omissions of Tenant or any other person who may be in or upon the Project with the consent (implied or otherwise) of Tenant. All repairs to the Leased Premises necessary to maintain the Leased Premises in a tenantable and good condition will be done by or under the direction of Landlord at Tenant's expense (payable to Landlord immediately upon demand) except as otherwise specifically provided in this Lease. Tenant will pay for the replacement of doors or windows of the Leased Premises that are cracked or broken by Tenant, its employees, agents or invites, and SublessorTenant will not put any curtains, draperies or other hangings on or beside the windows in the Leased Premises without first obtaining Landlord's written consent. Any Landlord may make any alterations or improvements that Landlord may deem necessary for the preservation, safety, or improvement of the Project. All alterations, additions, or improvements made and improvements, except fixtures installed by Tenant and that are removable without damage to the PremisesBuilding, will become or Sublessee’s behalfremain, whether at the expense of Sublessee or Sublessoras applicable, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part of the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensLandlord.

Appears in 1 contract

Samples: Office Lease Agreement (Vestin Group Inc)

Repairs and Alterations. There a. Tenant covenants that throughout the term of this Lease it will take good care of the Demised Premises, including all alterations, changes and improvements at any time erected thereon, and to keep and maintain same in good order and condition subject to normal wear and tear and casualty damage. Tenant shall have no obligation to provide any electrical service for portions of the Building which does not comprise the Demised Premises. Roof, foundation and structural repairs shall be no obligation on the part of Landlord or Sublessor Landlord's responsibility and will not be passed-through to make any repairsTenant. However, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made if repairs to the roof, foundation or structure are necessitated by the negligence or wilful misconduct of Tenant, its agents, licensees, guests, invitees or customers, (except to the extent Landlord shall receive reimbursement from insurance for such items or, to the extent not covered by insurance, insurance was maintained or required to be maintained by Landlord pursuant to this Lease for such dollar loss), Tenant shall be responsible for the same. Tenant shall promptly make, at its sole cost and expense, all repairs and replacements to the Demised Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited toto all electrical, wall coveringair-conditioning, carpetingheating, plumbing and other mechanical systems servicing the Demised Premises. Landlord shall deliver, and Tenant shall accept, the Demised Premises in an "as is" condition except for Landlord's Work. In addition to roof, foundation and structural repairs (to the extent that these repairs are Landlord's obligation under the Lease) during the twenty four (24) months following the Commencement Date, Landlord shall, (except to the extent such repairs are necessitated by the negligence or willful misconduct of Tenant, it agents, licensees, guests, invitees, or other floor coveringcustomers, paneling and built-in cabinets which case Tenant shall be deemed a part of responsible for the real estate and the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior same except to the end of the Term, extent Landlord shall elect to have Sublessee remove receive reimbursement from insurance for such alterations, additionsitems, or improvements. Sublessee shall thereupon accomplish to the extent not covered by insurance, insurance was maintained or required to be maintained by Landlord pursuant to this Lease for such removal dollar loss) repair or replace as necessary, at its sole cost cost, those other items identified as Landlord's Work on Exhibit H annexed hereto (and repair any damage which will not be passed-through to the Premises caused by Tenant). Notwithstanding anything contained herein, beyond twenty-four (24) months, such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they costs shall be made at passed through to Tenant as a Common Area cost unless specifically excluded from the sole cost definition of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liensOperating Costs.

Appears in 1 contract

Samples: Lease (Anadigics Inc)

Repairs and Alterations. There shall be no obligation on the part Xxxxxx agrees by taking possession of Landlord or Sublessor to make any repairs, alterations or improvements Premises that Premises are then in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the a tenantable and good condition; that Lessee will take good care of Premises, Sublessee shall obtain and that Premises will not be altered or changed without the prior written consent thereto of both Landlord and SublessorXxxxxx. Any alterationsLessor specifically authorizes: Lessee will complete tenant improvement activities, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including which include (but not limited to) internal remodel from two classrooms into an open space concept for 10 work stations and meeting space, wall coveringconstruction of two walled offices, carpetingnew carpet and paint, and other electrical, plumbing, or other floor covering, paneling and built-in cabinets work necessary to support the office spaces. All damage or injury done to Premises by Xxxxxx shall be deemed a part of the real estate paid for by Xxxxxx and the property of Sublessor and Xxxxxx shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end of the Term, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any pay for all damage to the Premises Building caused by such removalXxxxxx's misuse to Premises or the appurtenances thereto. In All repairs to Premises necessary to maintain Premises in a tenantable and good condition shall be done by or under the event that Sublessor consents direction of Lessor and at Lessor's expense except as otherwise specifically provided herein. Lessee shall be responsible for the expense of repair and replacement to Xxxxxx's installed equipment and improvements. Lessee shall pay for the replacement and maintenance of doors or windows of Premises which are cracked or broken by Lessee, its employees, agents or invitees. Lessee shall not make changes to locks on doors or add, disturb or in writing to any alterationsway change any plumbing or wiring without first obtaining written consent of Lessor. Lessee shall not put any curtains, additions, draperies or other hangings other than those coordinated with the Lessor on or beside the windows in Premises. Lessor may make any alterations or improvements which Lessor may deem necessary for the preservation, safety or improvements of the Premises except fixtures installed by Lessee and which are removable without damage to Building. Access to the Premises by Sublessee, they Building for said work shall be made coordinated between the Parties except for life safety and emergency conditions which require immediate attention. Lessee shall, at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section termination of this Sublease requiring Sublessee Lease by the expiration of time or otherwise, surrender and deliver Premises to keep Premises free of liensLessor in as good condition as when received by Lessee from Lessor, reasonable use and wear and damage by fire or other casualty excepted.

Appears in 1 contract

Samples: Agreement of Lease

Repairs and Alterations. There Tenant agrees that it will pay for the cost of all repairs to the Leased Premises not required to be made by Landlord and be responsible for all redecorating, remodeling, alteration and painting required by it during the term of this Lease. Tenant shall be no obligation on pay for any repairs to the part Leased Premises or the Building made necessary by any negligence or carelessness of Tenant, it's employees or invitees. Tenant agrees to maintain the Leased Premises in a clean, neat and sanitary condition. Tenant may place partitions and fixtures and make improvements and other alterations to the interior of the Leased Premises at Tenant's expense, provided, however, that prior to commencing any such work Tenant shall first obtain the written consent of Landlord to do the proposed work. Landlord may require that said work be done by Landlord's own employees or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether under Landlord's direction but at the expense of Sublessee Tenant, and Landlord may, as a condition to consenting to such work, require that Tenant give security that the Leased Premises will be completed free and clear of liens and in a manner satisfactory to Landlord. Notwithstanding the foregoing, any such improvements or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling alterations by Tenant shall conform to and built-be in cabinets shall be deemed a part substantial accordance in quality and appearance with the quality and appearance of the real estate and improvements in the remainder of the Building. Any such improvements shall become the property of Sublessor Landlord upon expiration of this Lease. Tenant shall remove any movable furniture and equipment upon termination of this Lease and shall be surrendered with deliver the Leased Premises unless to Landlord or Sublessorin as good condition as received, by notice given to Sublessee no later than thirty (30) days prior to the end of the Termbroom clean, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost normal wear and repair any damage to the Premises caused by such removaltear excepted. In the event that Sublessor consents Tenant receives consent of the Landlord and uses Tenant's own contractor for any such improvements then Tenant must provide Landlord with contractor's evidence of workmen's compensation and liability insurance in writing amounts sufficient to Landlord and have acquired the necessary building permits prior to commencing any alterations, additions, or such construction. All such improvements are to be the Premises by Sublessee, they shall be made at the sole cost property of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals Landlord and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section upon termination of this Sublease requiring Sublessee Lease, Tenant shall remove their exterior signs and restore the areas of the building affected by the exterior signs, and deliver the Leased Premises to keep Premises free of liensLandlord in good condition and repair, broom clean, normal wear and tear excepted.

Appears in 1 contract

Samples: Improvenet Inc

Repairs and Alterations. There Paragraph 6.5 is added to this section of the Lease: Lessee's Repair Rights. The Lessor's responsibility to repair the Demised Premises is set forth in paragraph 6.1. Lessee shall be promptly notify Lessor of any items requiring repair, which are the Lessor's responsibility. The Lessor is obligated to use its best efforts, within commercially acceptable practice, but in no obligation on event later than 3 days (excluding official government holidays and weekends) after receiving notification from the part Lessee, to commence the repair. Should the Lessor not comply with this requirement, the Lessee has the right to undertake the repair using qualified contractors of Landlord or Sublessor to make the Lessee's selection. The Lessee may not bind the Lessor in any repairscontract with a qualified contractor; however, alterations or improvements in order the Lessee may offset the costs it incurs to make the Premises ready for occupancy required repairs against rentals payable to the Lessor. Should the Lessee undertake the repair, it shall not have the right to offset more than 110% of the costs the Lessor would have incurred had the Lessor made the repair within the required period. The Lessor is required to provide the Lessee with a written quotation from a qualified contractor of its selection, if it disputes the amount deducted by Sublesseethe Lessee. Prior Paragraph 6.6 is added to making any repairs, alterations this section of the Lease: Uninterruptable Power Supply. Lessee shall have the right to install an uninterruptable power supply (fueled by propane gas or improvements a similar fuel source) on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part exterior boundary of the real estate Demised Premises in the general vicinity of the central computer and telephone room. Lessee shall abide by all building codes, fire safety codes and environmental laws, codes and regulations as they pertain to uninterruptable power supply equipment. Lessee shall indemnify Lessor for any losses due to leakage caused by the property of Sublessor uninterruptable power supply equipment and shall be surrendered also pay for the costs of removing the equipment on termination of the Lease. Lessee shall provide landscaping screening which is uniform with the office park as it now exists. Paragraph 6.7 is added to this section of the Lease: Renovation. Lessee shall have the right to renovate the Demised Premises unless Landlord using contractors of its own selection. Lessor shall allow Lessee's contractor to switch existing exterior metal doors with glass doors or Sublessorglass panels from adjoining vacant space. Lessor shall also allow Lessee to create window and door openings in the Demised premises, in compliance with building and fire codes, and at Lessee's own cost and expense. Lessee shall use its best efforts not to take or omit any actions which will cause the filing of any mechanic's, materialman's or laborer's lien on the Demised Premises. Lessee agrees to indemnify Lessor for the actual costs incurred by notice given Lessor to Sublessee have such liens, which resulted from the direct actions of the Lessee, removed. Paragraph 6.8 is added to this section of the Lease: Heating and air conditioning. Lessor shall provide heating and air conditioning in the expansion space (of approximately 2,584 square feet), at Lessor's sole cost and expense. Lessor shall use its best efforts to make the heating and air conditioning available to Lessee by no later than thirty (30) days prior March 1, 1995. Lessor shall install heating and air conditioning which is of a standard that is at least equivalent to the end of heating and air conditioning in the Term, shall elect to have Sublessee remove such alterations, additions, or improvementsoriginal space. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of liens7.

Appears in 1 contract

Samples: Automobile Protection Corp Apco

Repairs and Alterations. There Mortgagor shall be no obligation on keep and maintain the part Property in good condition and repair and fully protected from the elements to the reasonable satisfaction of Landlord Bank. Mortgagor will not remove, demolish or Sublessor to make structurally alter any repairs, alterations of the buildings or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or other improvements on the PremisesProperty (except such alterations as may be required by laws, Sublessee shall obtain ordinances or regulations) without the prior written consent thereto of both Landlord and SublessorBank. Any alterationsMortgagor shall promptly notify Bank in writing of any material loss, additionsdamage or adverse condition affecting the Property. Eminent Domain. Should the Property or any interest therein be taken or damaged by reason of any public use or improvement or condemnation proceeding ("Condemnation"), or improvements made should Mortgagor receive any written notice or other information regarding such Condemnation, Mortgagor shall give prompt written notice thereof to Bank. Bank shall be entitled to all compensation, awards and other payments or relief granted in connection with such Condemnation up to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed a part amount of the real estate Obligations. All compensation, awards, and damages awarded to Mortgagor related to any Condemnation (the property "Proceeds") are hereby assigned to Bank and Mortgagor agrees to execute such further assignments of Sublessor the Proceeds as Bank may require. Bank shall have the option of applying or paying the Proceeds in the same manner as insurance proceeds as provided herein. Mortgagor appoints Bank as its attorney-in-fact to receive and endorse the Proceeds to Bank, which appointment is coupled with an interest and shall be surrendered irrevocable as long as any Obligations remain unsatisfied. Environmental Condition of Property and Indemnity. Mortgagor warrants and represents to Bank, except as reported by Mortgagor to Bank in writing, that: (i) Mortgagor has inspected and is familiar with the Premises unless Landlord environmental condition of the Property; (ii) the Property and Mortgagor, and any occupants of the Property, are in compliance with and shall continue to be in compliance with all applicable federal, state and local laws and regulations intended to protect the environment and public health and safety as the same may be amended from time to time ("Environmental Laws"); (iii) the Property is not and, to Mortgagor's knowledge, has never been used to generate, handle, treat, store or Sublessordispose of, in any quantity, oil, petroleum products, hazardous or toxic substances, hazardous waste, regulated substances or hazardous air pollutants ("Hazardous Materials") in violation of any Environmental Laws; (iv) to Mortgagor's knowledge, no Hazardous Materials (including asbestos or lead paint in any form) are located on or under the Property or emanate from the Property; (v) to Mortgagor's knowledge, there are no unregistered underground storage tanks on the Property that are subject to any underground storage tank registration laws or regulations; (vi) no notice has been received by notice given Mortgagor with regard to Sublessee any Hazardous Material on the Property; (vii) no later than thirty action, investigation or proceeding is pending or to Mortgagor's knowledge threatened which seeks to enforce any right or remedy against Mortgagor or the Property under any Environmental Law; and (30viii) days all licenses, permits and other governmental or regulatory actions necessary for the Property to comply with Environmental Laws shall be obtained and maintained and Mortgagor shall assure compliance therewith. Mortgagor shall not permit any use of the Property or activity on the Property that constitutes an "Industrial Establishment" as defined in the New Jersey Industrial Site Recovery Act without prior written consent of Bank. Further, Mortgagor represents to Bank that a portion of the Property is a protected wetland. Mortgagor agrees to notify Bank immediately upon receipt of any citations, warnings, orders, notices, consent agreements, process or claims alleging or relating to violations of any Environmental Laws or to the end environmental condition of the TermProperty and shall conduct and complete all investigations and all cleanup actions necessary to comply with the Environmental Laws and to remove, in accordance with Environmental Laws, any Hazardous Material from the Property. Mortgagor shall elect indemnify, hold harmless, and defend Bank from and against any and all damages, penalties, fines, claims, suits, liabilities, costs, judgments and expenses, including reasonable attorneys', consultants' or experts' fees of every kind and nature incurred, suffered by or asserted against Bank as a direct or indirect result of: (i) representations made by Mortgagor in this Section being or becoming untrue in any material respect; (ii) Mortgagor's violation of or failure to meet the requirements of any Environmental Laws; or (iii) Hazardous Materials which, while the Property is subject to this Mortgage, exist on the Property. Bank shall have Sublessee remove the right to arrange for or conduct environmental inspections of the Property from time to time (including the taking of soil, water, air or material samples). The cost of such alterationsinspections made after Default or which are required by laws or regulations applicable to Bank shall be borne by Mortgagor. However, additions, or improvements. Sublessee Mortgagor's indemnity shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing not apply to any alterations, additions, negligent or improvements to the Premises by Sublessee, they shall be made at the sole cost intentional act of Sublessee by licensed contractors Bank which takes place after foreclosure or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section satisfaction of this Sublease requiring Sublessee Mortgage. These indemnification obligations are in addition to keep Premises free General Indemnification provisions set forth hereafter. Mortgagor's Obligations under this section shall continue, survive and remain in full force and effect notwithstanding the repayment of liensthe Obligations, a foreclosure of or exercise of power of sale under this instrument, a delivery of a deed in lieu of foreclosure, a cancellation or termination of record of this instrument and the transfer of the Property.

Appears in 1 contract

Samples: A C Moore Arts & Crafts Inc

Repairs and Alterations. There Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, life safety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems (provided, however, that Landlord's obligation with respect to any such systems shall be no obligation on to repair and maintain those portions of the part systems located in the core of Landlord the Project or Sublessor to make any repairs, alterations or improvements in order to make the Premises ready for occupancy by Sublessee. Prior to making any repairs, alterations or improvements on other areas outside of the Premises, Sublessee but Tenant shall obtain be responsible to repair and maintain any distribution of such systems throughout the prior Premises). Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep the Premises in good condition and repair. All damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be promptly repaired by Tenant, at its sole cost and expense, to the satisfaction of Landlord; PROVIDED, HOWEVER, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written consent thereto notice and the reasonable opportunity of both Landlord Tenant to make said repair within five (5) business days from receipt of said written notice, and Sublessorcharge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Any alterations, additions, or Tenant shall be responsible for the design and function of all nonstandard improvements made to of the Premises, whether or Sublessee’s behalf, whether not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Sublessee or Sublessor, including but not limited to, wall covering, carpetingLandlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises (collectively, "ALTERATIONS") without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other floor coveringliability, paneling claims and built-demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in cabinets connection with any Alterations. If permitted Alterations are made, they shall be deemed a part of the real estate made at Tenant's sole cost and expense and shall be and become the property of Sublessor and shall be surrendered with the Premises unless Landlord, except that Landlord or Sublessormay, by written notice to Tenant given to Sublessee no later than at least thirty (30) days prior to the end of the Term, shall elect require Tenant at Tenant's expense to have Sublessee remove such alterationsall partitions, additionscounters, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost railings and other Alterations installed by Tenant, and to repair any damage damages to the Premises caused by such removal. In the event that Sublessor consents in writing Any and all costs attributable to any alterations, additions, or improvements related to the Premises by Sublesseeapplicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant's plans, they specifications, improvements, alterations or otherwise shall be made paid by Tenant at the its sole cost of Sublessee by licensed contractors and expense. With regard to repairs, Alterations or workmen approved by Sublessor. Sublessee any other work arising from or related to this Article 9, Landlord shall secure be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all appropriate governmental approvals overhead, general conditions, fees and permits other costs and shall complete expenses arising from Landlord's involvement with such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section of this Sublease requiring Sublessee to keep Premises free of lienswork.

Appears in 1 contract

Samples: Office Lease (Peoples Liberation Inc)

Repairs and Alterations. There shall be no obligation on Tenant must keep, and at the part end of Landlord or Sublessor the Term return, the Premises and fixtures, clean and in good order and repair. Tenant agrees, at his sole cost and expense, to make any repairsand all non-structural repairs to the Premises including, without limitation, repairs rendered necessary (even if not in demised premises) if said repairs are the result of Tenant's use of the Premises. This provision will remain in force whether or not repairs are rendered necessary by the negligence of the Tenant. Tenant is not responsible for ordinary wear. If any damage to the fixtures and/or the building is a result of misuse or negligence by Tenant, its invitees, agents, guest, or licensees, then Tenant will be responsible for the entire repair or replacement cost. If Tenant defaults, Landlord has the right, but not the obligation, to make repairs and charge Tenant the cost. The cost will be deemed additional rent. Any and all construction or modification of the Premises must be approved in advance and in writing by the Landlord and/or its agents. Copies of all plans detailing proposed work and/or permits for construction or modification must be provided to Landlord's managing office for approval. Such approval shall not be unreasonably withheld. Tenant agrees that all contractors will carry insurance to cover workers' compensation and general liability in amounts reasonably required by Landlord. Any changes, improvements, additions, alterations, installments, counters, appliances and trade fixtures made, brought on or used at the Premises become the property of Landlord immediately upon installation or use at the Premises. Tenant shall maintain the Premises free of all violations of any kind, including violations which existed prior to the commencement of this lease and shall remove same including, but not limited to, any violations issued by the Development or Department of Buildings. Tenant shall remove any violations of any kind caused by Tenant's manner of use and occupancy of the Premises. Should Tenant fail to correct said violations, Tenant will be substantially violating this Lease and Landlord shall have the option of terminating this tenancy or removing such violations and charging to the Tenant, as hereunder, any reasonable costs incurred, enforceable as a nonpayment of rent. Additionally, Tenant shall indemnify and hold Landlord harmless from any reasonable expenses in connection with said violations, caused by Tenant. Tenant, at its own cost and expense, shall replace all damaged or broken plate glass or other glass in or about the demises premises. The Tenant does hereby covenant for itself, its executors, administrators, successors and assigns, that it will not, at any time during the term created by this Lease or any extensions and renewals thereof, make or permit any alterations or improvements in order additions to make the Premises ready demised hereby, whether external or internal, without the permission of the Landlord, its heirs, executors, administrators or assigns, first obtained, in writing which consent shall not be unreasonably withheld. Tenant shall not do anything nor suffer anything to be done whereby the demised Premises may be encumbered by a mechanics' lien, and shall, whenever and as often as any mechanics' lien is filed against the demised Premises purporting to be for occupancy by Sublesseelabor or material furnished or to be furnished to Tenant, discharge the same of record within thirty (30) days after the date of filing. Prior Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to making be furnished to Tenants upon credit, and that no mechanics, other lien for any repairssuch labor or materials shall attach to or affect the reversionary or other estate or interest of Landlord in and to the Premises herein demised. Tenant shall, alterations at its own cost and expense, procure each and every permit, license, certificate, or other authorization and any renewals, extensions or continuances of the same required in connection with the lawful and proper use of the demised Premises or required in connection with any building or improvements on the Premises, Sublessee shall obtain the prior written consent thereto of both Landlord and Sublessor. Any alterations, additions, demised Premises or improvements made to the Premises, or Sublessee’s behalf, whether at the expense of Sublessee or Sublessorany business conducted therein, including but not limited to, wall covering, carpeting, or other floor covering, paneling and built-in cabinets shall be deemed to business permits. Neither a failure on a part of the real estate and Tenant to procure such permit, license, certificate, or other authorization, nor the property of Sublessor and shall be surrendered with the Premises unless Landlord or Sublessor, by notice given to Sublessee no later than thirty (30) days prior to the end revocation of the Termsame, shall elect to have Sublessee remove such alterations, additions, or improvements. Sublessee shall thereupon accomplish such removal at its sole cost and repair any damage to the Premises caused by such removal. In the event that Sublessor consents in writing to any alterations, additions, or improvements to the Premises by Sublessee, they shall be made at the sole cost of Sublessee by licensed contractors or workmen approved by Sublessor. Sublessee shall secure all appropriate governmental approvals and permits and shall complete such alterations with due diligence. Any consent or approval given by Landlord or Sublessor hereunder shall not give rise to rights to third parties to file mechanic’s or materialman’s liens, nor waive Sublessor’s prohibition against such liens, nor in any manner abrogate that Section way affect the liability of this Sublease requiring Sublessee the Tenant for the payment of the rent herein reserved or the performance or observance of any of the covenants or conditions herein contained on the Tenant's part to keep Premises free of liensbe performed and observed.

Appears in 1 contract

Samples: Lease Agreement (New York Film Works Inc)

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