Tenant Alterations. Tenant shall make no structural changes in or to the demised premises of any nature without Owner's prior written consent. Subject to the prior written consent of Owner, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed, by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed from the premises by Owner, at Tenant's expense.
Appears in 1 contract
Sources: Office Lease (Politics Com Inc)
Tenant Alterations. Tenant shall make no structural changes in or to the demised premises of any nature without Owner's prior written consent. Subject to the prior written consent of OwnerA. Tenant, at its sole cost and to the provisions of this article, Tenant at Tenant's expense, may make shall cause any permitted alterations, decorations, installations, additions or improvements in or about the Demised Premises (collectively, "Tenant Alterations"), to be performed in a first-class manner, in compliance with all Legal Requirements and all requirements of insurance bodies having jurisdiction over the Building, the applicable provisions of Article 3, this Article 47, Article 50 of this Lease, and in such manner as not to materially or adversely interfere with, delay, or impose any additional expense upon Landlord in the maintenance or operation of the Building. In addition, Tenant Alterations shall be performed in compliance with Landlord’s standard Rules and Regulations with respect to Tenant Alterations (which are nonRules and Regulations may be modified by Landlord from time to time upon no less than ten (10) days’ notice to Tenant), the current version of which is attached hereto as Exhibit E and made a part hereof (the “Rules and Regulations”), provided, however, to the extent there is a conflict between the Rules and Regulations and this Lease, this Lease shall control. Tenant, at its sole cost and expense, and with diligence and dispatch, but in any event within thirty (30) days after the receipt of notice thereof, pay all fines and penalties related thereto and shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant Alterations which shall be issued by the Department of Buildings or any other public authority having or asserting jurisdiction over the Building, provided however, if Tenant commenced to cause such violation to be cancelled or discharged within the aforesaid 30-day period but such violation cannot be cancelled or discharged with reasonable diligence within such 30-day period, then Tenant shall not be in default under this Lease so long as Tenant continues to prosecute the cancellation or discharge of such violation with reasonable commercial diligence until completed.
B. Except as otherwise expressly provided in this Lease, Tenant shall not perform or make any Tenant Alterations without Landlord’s prior written consent in each instance. Notwithstanding the foregoing, Landlord's consent shall not be required in connection with any: (i) cosmetic alterations to the Demised Premises (e.g., painting, carpeting, floor coverings, wall and ceiling coverings, window shades, curtains, blinds and trims and other similar installations), and/or (ii) alterations to the Demised Premises, provided that such no such alterations in any instance: (a) involve or affect any structural and which do not elements of the Demised Premises or the Building, or (b) involve or affect utility services any premises other than the Demised Premises, or plumbing and electrical lines(c) require the issuance of a building permit or any other governmental authorization, or (d) involve or affect any public portion of the Building, or the exterior of the Building, or (e) involve or affect the plumbing, sanitary, sprinkler, life safety, electrical, heating and/or ventilating and/or other mechanical or other service systems of the Building, or (f) puncture the walls, ceilings or floor, or (g) require the expenditure of more than $250,000 in aggregate for each such complete alteration project in a six (6) month period for such alteration projects (the "No Consent Alterations"). Tenant shall give Landlord at least thirty (30) days’ prior notice of any No Consent Alterations in or to the interior of Demised Premises, other than cosmetic alterations to the demised premises. Tenant shall, before Demised Premises.
C. Prior to making any alterationsproposed Tenant Alterations requiring Landlord’s consent, additions, installations or improvementsTenant, at its Tenant's expense, shall (i) submit to Landlord and shall obtain Landlord's approval of detailed plans and specifications (including scaled layout, architectural, mechanical, electrical, plumbing and structural drawings in three (3) hard copies and diskette form), (ii) furnish to Landlord a construction budget setting forth the estimated cost to perform and complete Tenant Alterations, (iii) obtain all permits, approvals and certificates certifications required by any governmental or quasi-governmental bodies authorities having jurisdiction which are necessary for the commencement of Tenant Alterations (and, to the extent reasonably requested, and (upon completion) certificates provided Landlord has approved such Tenant Alterations, Landlord agrees to execute such documents, plans and applications as may be reasonably required to facilitate the issuance of final approval thereof and shall deliver promptly duplicates of all such permits, approvals or certifications, at no cost or expense to Landlord), and certificates (iv) furnish to Owner Landlord duplicate original policies or binders thereof of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant agrees to carry and will cause Tenant's contractors and subcontractors, in connection with such Tenant Alterations) and commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with companies having such ratings, for such periods and in such amounts, as Landlord may reasonably require and which are generally required by other landlords of similar first-class office and retail buildings in Midtown Manhattan, naming Landlord and its agents, the lessor under any Superior Lease and the holder of any Superior Mortgage (provided Tenant has received written notice of all such additional parties) as additional insureds.
D. To the extent Landlord’s consent is required for any of Tenant Alterations, Landlord shall have the right to withhold its consent, in its sole and absolute discretion, to the extent that any portion of Tenant Alterations would: (1) affect any structural elements of the Demised Premises or the Building, or (2) puncture any floors, walls or ceilings within the Demised Premises, or (3) in Landlord's commercially reasonable judgment adversely affect (except to a de minimis extent) any of the plumbing, sanitary, sprinkler, life safety, electrical, heating and/or ventilating, plumbing and/or other mechanical or other service systems of the Building, or (4) affect the exterior of the Building. Except as set forth in the preceding sentence, Landlord’s consent to any Tenant Alterations requiring Landlord’s consent, shall not be unreasonably withheld or delayed. Upon the request of Tenant and at Tenant’s expense, Landlord shall join in any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any Tenant Alterations (provided that the applicable Legal Requirements require Landlord to join in such application) and shall otherwise reasonably cooperate with Tenant in connection therewith. Tenant shall reimburse Landlord for any reasonable out-of-pocket costs that Landlord incurs in so joining in such applications and cooperating with Tenant (including, without limitation, any third party review costs associated therewith) within thirty (30) days after the date that Landlord gives to Tenant an invoice therefore. Supplementing the foregoing, Tenant shall reimburse Landlord, as Additional Rent, for any reasonable out-of pocket costs and expenses incurred by Landlord to outside vendors and/or consultants, and/or independent engineers and/or architects and/or other professionals employed by Landlord for the purpose of reviewing, commenting and/or approving any of Tenant Alterations, which shall be paid by Tenant within thirty (30) days after the date that Landlord gives to Tenant an invoice therefor.
E. After Landlord’s approval of any of Tenant Alterations, no changes in (other than to a de minimis extent), additions to or deviations from any of the approved plans and specifications with respect to such work shall be made without Landlord’s further written approval, the grant of which consent shall be subject to the same standards as applied under this Lease to Landlord’s consent to the initial plans and specifications, provided, however, any changes, additions or deviations which would be deemed to be a No Consent Alteration shall not require Landlord’s further written approval.
F. In the event Tenant shall employ any contractor to do any work in the Demised Premises permitted by this Lease, such contractor and any subcontractor shall agree to employ only union labor and such labor as will not result in jurisdictional disputes or strikes or result in causing disharmony with other workers employed at the Building. Tenant shall inform Landlord in writing of the names of any contractor or subcontractor(s) Tenant proposes to use in the Demised Premises at least twenty (20) days prior to the beginning of work by such contractor or subcontractor and Landlord shall have the right to approve any such contractor or subcontractor(s); provided, however, that Landlord agrees not to unreasonably withhold its approval of any licensed contractor or subcontractor which is a member in good standing of a New York City building trade union. The contractors and sub-contractors listed on Exhibit D attached hereto are hereby approved by Landlord. Tenant may propose additions to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may requirelist subject to Landlord’s approval. If Tenant engages any mechanic's lien is filed against contractor set forth on Exhibit D, Tenant shall not be required to obtain Landlord’s consent for such contractor unless, (i) prior to entering into a contract with such contractor, Landlord shall notify Tenant that such contractor has been removed from the demised premisesapproved list, or (ii) such contractor hereafter becomes unlicensed or is not a member in good standing of a New York City building trade union.
G. Landlord shall respond to any written request for approval of plans and specifications for Tenant Alterations within ten (10) Business Days after receipt of Tenant’s request, provided Tenant's submissions comply in all material respects with the building requirements of which this Lease. If Landlord does not respond to Tenant’s request for approval of such plans and specifications within the same forms a partaforesaid ten (10) Business Day period, for work claimed then Tenant may provide Landlord with an additional notice stating at the top in capitalized, bold, 14 point font, "FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS SHALL CONSTITUTE DEEMED APPROVAL OF THE ITEMS SET FORTH HEREIN", and if Landlord does not approve or disapprove such plans and specifications within five (5) Business Days of Landlord’s receipt of such additional notice, such plans and specifications shall be deemed to have been done forbe approved. If Landlord timely disapproves of the plans and specifications, or materials furnished torequires additional information, Landlord shall specify the reasons for such rejection and/or the additional information requested, as applicable, and Tenant shall resubmit revised plans and specifications and/or provide the requested information within five (5) Business Days thereafter. If Landlord requests changes be made to the plans and specifications and/or requests additional information or changes in the plans and specifications, Landlord shall respond within five (5) Business Days following Tenant’s resubmission of such additional information or revised plans. If Landlord does not respond to any such resubmitted plans and/or additional information within said five (5) Business Day period, whether or then Tenant may provide Landlord with an additional notice stating at the top in capitalized, bold, 14 point font, "FAILURE TO RESPOND TO THIS NOTICE WITHIN THREE (3) BUSINESS DAYS SHALL CONSTITUTE DEEMED APPROVAL OF THE ITEMS SET FORTH HEREIN", and if Landlord does not done pursuant respond to this articlesuch plans and specifications within three (3) Business Days of Landlord’s receipt of such additional notice, the same such plans and specifications shall be discharged by Tenant within thirty days thereafterdeemed to be approved.
H. Except in connection with any No Consent Alterations, at Tenant's expenseLandlord, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed granting of its consent to any Tenant Alterations, the cost of which exceeds $300,000.00, may impose such reasonable conditions (in addition to those expressly provided in this Lease) as to guaranty of completion and payment and of restoration or otherwise as Landlord may consider desirable (including without limitation a cash deposit, letter of credit, and/or performance bond in the termination amount of the full cost to perform such Tenant Alterations, and/or a labor and materials payment bond, as determined by Landlord in its sole discretion).
I. Tenant shall not commence any Tenant Alterations until: (a) Landlord has approved the plans and specifications therefore if required as provided above; and (b) Tenant has obtained all permits and approvals that are necessary to perform Tenant Alterations. Tenant shall perform the Tenant Alterations with all reasonable dispatch and in accordance with the terms, conditions and provisions of the Lease (including, without limitation, Article 3 and this leaseArticle 47).
J. Tenant acknowledges that Landlord’s review and approval of Tenant’s plans and specifications is not conducted for the purpose of determining the accuracy and completeness of the such plans and specifications, elects their compliance with applicable Legal Requirements (including, without limitation, the ADA), or their sufficiency for purposes of obtaining a building permit, all of which shall remain the responsibility of Tenant and Tenant’s architect. Accordingly, Landlord shall not be responsible for any delays in obtaining the building permit due to relinquish Owner's right thereto the insufficiency of the plans and specifications or any delays due to changes in the plans and specifications required by the applicable governmental regulatory agencies reviewing such plans and specifications.
K. Tenant shall maintain the Demised Premises in a clean and orderly condition during the performance of Tenant Alterations. Tenant shall contain all construction materials, equipment, fixtures, merchandise, shipping containers and debris within the Demised Premises. Tenant shall cause the contractor to prosecute the Tenant Alterations in a diligent manner once same is commenced. It shall be the sole responsibility of Tenant to file all drawings and specifications, pay all fees and obtain all permits and applications from any governmental authorities having jurisdiction, and to have them removed by obtain any certificates or approvals, including a certificate of occupancy, required to enable Tenant to occupy the Demised Premises. Landlord shall not be liable for any loss or damages as a result of delays in construction of the Demised Premises and/or the issuance of a certificate of occupancy to enable Tenant to occupy the Demised Premises for the uses permitted hereunder.
L. At any time during the performance of the Tenant Alterations, during Business Hours and upon reasonable prior notice to Tenant, in which event Landlord, its managing agent, architect, contractor or other designee, may enter upon the same shall be removed from Demised Premises and inspect the premises work being performed by Tenant prior and require that Tenant take such steps as Landlord may deem reasonably necessary for the protection of the Building. Tenant Alterations shall not create a public nuisance, unreasonably interfere with the operation or the use or enjoyment by any other tenant, their employees or invitees, interfere with ingress or egress to the expiration common areas or other parts of the leaseBuilding and Tenant, at Tenant's expense. Nothing its contractor and each subcontractor shall comply with all procedures and regulations reasonably prescribed by Landlord, including, without limitation, the Rules and Regulations.
M. Neither Tenant nor its contractor or subcontractors may use any space within the Building (except the Demised Premises) for storage, handling and moving of materials and equipment in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from connection with the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed, by Tenant at the end performance of the term remaining Tenant Alterations without the prior consent of Landlord. If Tenant, the contractor and/or any subcontractors shall use any space in the premises Building (except the Demised Premises) for any of the aforesaid purposes without obtaining Landlord’s prior consent thereto, Landlord, after notice to Tenant's , shall have the right to terminate such use or remove all of Tenants, the contractors’ and/or subcontractors’, material, equipment and other property from such space without Landlord being liable to Tenant, the contractor or any subcontractors, and Landlord’s actual out-of-pocket costs of such termination and/or removal shall be deemed abandoned and may, at the election paid by Tenant to Landlord within thirty (30) days after receipt of Owner, either demand therefor. Landlord shall not be retained as Owner's property liable for loss by theft or may be removed from the premises by Owner, at Tenant's expense.otherwise of
Appears in 1 contract
Sources: Rider to Lease Agreement (Premier Exhibitions, Inc.)
Tenant Alterations. Tenant shall make no structural changes in or to the demised premises of any nature without Owner's prior written consent. Subject to the prior written consent of Owner, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premisespremises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and an certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a partparty, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the same shall be removed from the premises by Tenant prior to the expiration of the lease, lease at Tenant's expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, expense repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed, by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed from the premises by Owner, at Tenant's expense.
Appears in 1 contract
Sources: Sublease (Miningco Com Inc)
Tenant Alterations. Tenant shall make no structural changes in or to the demised premises of any nature without Owner's ’s prior written consent. Subject to the prior written consent of Owner, and to the provisions of this articlearticle and Article 48; Tenant, Tenant at Tenant's ’s expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises, by using contractors or mechanics first approved in each instance by Owner, which approval shall not be unreasonably withheld or delayed. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof thereof, and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner Owner, and Tenant agrees to carry carry, and will cause Tenant's ’s contractors and sub-contractors to carry carry, such ▇▇▇▇▇▇▇'▇ worker’s compensation, general liability, personal and property damage insurance as Owner may reasonably require. If any mechanic's ’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's ’s expense, by payment or filing the a bond required as permitted by law. All fixtures and all paneling, partitions, railings and like installations, installed in the demised premises at any time, either by Tenant or by Owner in on Tenant's ’s behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expensepremises. Nothing in this Article article shall be construed to give Owner title to to, or to prevent Tenant's ’s removal of of, trade fixtures, moveable office furniture and equipment, but upon removal of any such same from the demised premises or upon removal removal, of other installations as may be required by Owner, Tenant shall immediately immediately, and at its expense, repair and restore the demised premises to the condition existing prior to installation any such installations, and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed, removed by Tenant at the end of the term remaining in the demised premises after Tenant's ’s removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's ’s property or may be removed from the demised premises by Owner, at Tenant's ’s expense.
Appears in 1 contract
Tenant Alterations. Tenant shall make no structural changes in or to the demised premises of any nature without Owner's prior written consent. Subject to the prior written consent of Owner, and to the provisions of this article, . Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises. premises by using contractors or mechanics first approved by Owner Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-quasi governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, to Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant▇▇▇▇▇▇'s expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant's behalf, behalf shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the same shall be removed from the premises by Tenant prior to the expiration explanation of the lease, at Tenant's expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant▇▇▇▇▇▇'s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed, by Tenant ▇▇▇▇▇▇ at the end of the term remaining in the premises after Tenant▇▇▇▇▇▇'s removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed from the premises by Owner, at Tenant▇▇▇▇▇▇'s expense.. Maintenance and Repairs
Appears in 1 contract
Tenant Alterations. Except as otherwise provided herein Tenant shall make no structural changes in or to the demised premises of any nature without Owner's prior written consent. Subject to the prior written consent of Owner, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premisespremises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors Contractors and subSub-contractors Contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty ___ days thereafter, at Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant's behalf, shall, shall upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipmentequipment , but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed, by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed from the premises by Owner, at Tenant's expense.. Maintenance and Repairs: -----------------------
Appears in 1 contract
Sources: Lease Agreement (Razorfish Inc)
Tenant Alterations. Tenant shall make no structural changes in or to the demised premises Demised Premises of any nature without Owner's prior written consent. Subject to the prior written consent of Owner, and to the provisions of this articleArticle, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural nonstructural and which do not affect utility services or plumbing and electrical lines, in on or to the interior of the demised premisesDemised Premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental government or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors subcontractors to carry such ▇▇▇▇work▇▇▇'▇ compensation▇▇▇pensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premisesDemised Premises, or the building Building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this articleArticle, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant's behalf, shallshelf, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises Demised Premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this leaseLease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the same shall be removed from the premises by Tenant prior to the expiration of the leaseLease, at Tenant's expense. , Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises Demised Premises or the building Building due to such removal. All property permitted or required to be removed, by Tenant at the end of the term remaining in In the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed from the premises by Owner, at Tenant's expense.
Appears in 1 contract
Sources: Office Lease (Virage Inc)
Tenant Alterations. Tenant shall make no structural changes in or to the demised premises of any nature without Owner's ’s prior written consent, which shall not be unreasonably withheld, conditioned, or delayed. Subject to the prior written consent of Owner, and to the provisions of this article, Tenant Tenant, at Tenant's ’s expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premisespremises by using contractors or mechanics first approved in each instance by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's ’s contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ worker’s compensation, general liability, excess umbrella liability, personal and property damage insurance as Owner may require. If any mechanic's ’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty (30) days thereafter, at Tenant's ’s expense, by payment or filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in on Tenant's ’s behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to at the date fixed as the termination of this leasetime Owner approves such installations, elects to relinquish Owner's right ’s rights thereto and to have them removed by Tenant, in which event event, the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's ’s expense. Nothing in this Article article shall be construed to give Owner title to or to prevent Tenant's ’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations installation as may be required by Owner, Tenant shall immediately immediately, and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed, removed by Tenant at the end of the term remaining in the premises after Tenant's ’s removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's ’s property or may be removed from the premises by Owner, at Tenant's ’s expense. Nothing herein shall be deemed to convey title and/or ownership rights to Tenant of any Landlord-owned equipment included in and/or otherwise made available to Tenant for use during the Lease Term, which equipment is further itemized by schedule annexed hereto.
Appears in 1 contract
Tenant Alterations. Except as otherwise expressly set forth in this Lease, Tenant shall make no structural changes in or to the demised premises of any nature without Owner's ’s prior written consent. Subject to the prior written consent of Owner, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof thereof, and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner Owner, and Tenant agrees to carry carry, and will cause Tenant's ’s contractors and sub-contractors to carry carry, such ▇▇▇▇▇▇▇'▇ worker’s compensation, general liability, personal and property damage insurance as Owner may requireis specified in this Lease. If any mechanic's ’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafterafter notice thereof, at Tenant's ’s expense, by payment or filing the a bond required as permitted by lawlaw or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the demised premises at any time, either by Tenant or by Owner in on Tenant's ’s behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expensepremises. Nothing in this Article article shall be construed to give Owner title to to, or to prevent Tenant's ’s removal of of, trade fixtures, moveable office furniture and equipment, but upon removal of any such same from the demised premises or upon removal removal, of other installations as may be required by Owner, Owner pursuant to the terms hereof. Tenant shall immediately immediately, and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. Notwithstanding the foregoing, Tenant will (upon request of Owner given no more than ninety (90) days prior to the Expiration Date) be required to remove any safes, vaults, raised computer floors, library and file storage systems, antennas, dishes and internal stairways to the extent not existing in the Demised Premises as of the Commencement Date (collectively, the “Non-Standard Alterations”). Except for Non-Standard Alterations, Tenant shall have no obligation to remove any alterations or restore the Demised Premises. Tenant’s obligation to remove Non-Standard Alterations, if so requested by Owner, shall survive the termination of this Lease. All property permitted or required to be removed, removed by Tenant at the end of the term remaining in the demised premises after Tenant's ’s removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's ’s property or may be removed from the demised premises by Owner, at Tenant's ’s expense.
Appears in 1 contract
Sources: Office Lease (Atari Inc)
Tenant Alterations. A. Tenant shall make no structural changes alterations, decorations, installations, removals, additions or improvements in or to the demised premises of any nature Premises without Owner's prior written consent. Subject to the Landlord’s prior written consent of Ownerand then only those made by contractors or mechanics approved by Landlord. Landlord agrees that it will not unreasonably delay, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions withhold or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises. Tenant shall, before making any alterations, additions, condition such approval.
B. No installations or improvements, at its expense, obtain all permits, approvals work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and certificates required by any governmental or quasi-governmental bodies specifications and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all a time schedule for such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may requirework. If any mechanic's ’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at filed on account of Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner’s work, Tenant shall immediately promptly cause the same to be bonded off or otherwise discharged, and Tenant shall indemnify, defend and hold harmless the Landlord and the Landlord’s mortgagees from and against any and all losses, costs or damages Landlord or such mortgagees may incur as a result of the filing of such liens.
C. Any such work, alterations, decorations, installations, removals, additions and improvements shall be done at Tenant’s sole expense and at its expensesuch times and in such manner as Landlord may from time to time designate.
D. If Tenant shall make any alterations, repair and restore the premises decorations, installations, removals, additions or improvements, then Landlord may elect to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed, by require Tenant at the end expiration or sooner termination of the term remaining of this Agreement to restore the Premises to substantially the same condition as existed at the Commencement Date.
E. If Tenant fails so to discharge any mechanics lien, Landlord may do so at Tenant’s expense and Tenant shall reimburse Landlord for any expense or cost incurred by Landlord in the premises so doing within fifteen (15) days after Tenant's removal rendition of a ▇▇▇▇ therefor.
F. All installations or work done by Tenant shall be deemed abandoned at its own expense and mayshall at all times comply with (i) laws, rules, orders and regulations of governmental authorities having jurisdiction thereof; (ii) orders, rules and regulations of any Board of Fire Underwriters, or any other body hereafter constituted exercising similar functions, and governing insurance rating bureaus.
G. Landlord consents to and supports Tenant installing a sign on the Property in a reasonable location such that the general public will be able to identify the name and location of the Premises and the name of any sub-tenant. Such sign shall be maintained in good repair at the election sole expense of OwnerTenant. Location, either size, and design of the final installation of this sign shall be retained as Owner's property or may be removed from subject to the premises by Owner, at Tenant's expenseprior review and approval of Landlord.
Appears in 1 contract
Sources: Lease Agreement
Tenant Alterations. Except as otherwise provided in this lease, Tenant shall make no structural or building system changes in or to the demised premises of any nature without Owner's ’s prior written consent. Subject to the prior written consent of Owner, and which consent, subject to the provisions of Article 67 below, shall not be unreasonably withheld or delayed. Except as otherwise provided in this articlelease, Tenant Tenant, at Tenant's ’s expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises, by using contractors or mechanics first reasonably approved in each instance by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof thereof, and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry carry, and will cause Tenant's ’s contractors and sub-contractors to carry carry, such ▇▇▇▇▇▇▇'▇ worker’s compensation, commercial general liability, personal and property damage insurance as Owner may reasonably require. If any mechanic's ’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafterafter 30 days’ written notice of the filing thereof, at Tenant's ’s expense, by payment or filing the a bond required as permitted by law. All fixtures and all paneling, partitions, railings and like installations, installed in the demised premises at any time, either by Tenant or by Owner in on Tenant's ’s behalf, shall, upon installationlease expiration or earlier termination, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right ’s rights thereto and to have them removed by Tenant, in which event the same shall be removed from the demised premises by Tenant prior to the expiration of the lease, at Tenant's ’s expense. Notwithstanding anything to the contrary herein contained, Tenant shall not be required to remove the alterations or improvements in the demised premises, or any subsequent alterations: (a) made by Owner in accordance with this Lease, or (b) which are alterations, physical additions or improvements made to the demised premises by Tenant (i) without Owner’s written consent, if such consent was not required; or (ii) with the written consent of Owner, if such consent was required, unless Owner shall have expressly notified Tenant of such removal requirement, in writing, at the time of granting said written consent; provided that Owner may only notify Tenant of such removal requirement with respect to installations that are atypical for normal office use and cost materially more to remove and demolish as would typical office installations, such as, without limitation, raised floors, louvered windows, internal staircases and vaults. Nothing in this Article article shall be construed to give Owner title to to, or to prevent Tenant's ’s removal of of, trade fixtures, moveable office furniture and equipment, but upon removal of any such same from the demised premises or upon removal removal, of other installations as may be required by Owner, . Tenant shall immediately immediately, and at its expense, repair and restore the demised premises to the condition existing prior to installation any such installations, and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed, removed by Tenant at the end of the term remaining in the demised premises after Tenant's ’s removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's ’s property or may be removed from the demised premises by Owner, at Tenant's ’s expense.
Appears in 1 contract
Sources: Office Lease (PCI Media, Inc.)