TENANT'S CHANGES. 12.1 After Tenant takes occupancy of the Demised Premises, Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter collectively called "changes," and, as applied to changes provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which shall not be unreasonably withheld conditioned or delayed. Any additional portion of the Demised Premises used for lab space beyond that lab space provided for in the initial build-out shall be considered a Tenant Change and must be approved by Landlord in writing pursuant to this Article. Landlord's consent shall not be required for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the premises, the manufacturer of the paint and the color of the paint. Landlord's consent shall not be required for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installed. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least thirty (30) days prior to the date Tenant intends to commence such changes, such submission to include plans and specifications for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. Landlord agrees, within ten (10) business days from Landlord's receipt of Tenant's request for consent to a Tenant Change, to acknowledge receipt of such request. At the time Landlord gives its consent to the Tenant Changes, Landlord shall provide Tenant with the estimated cost of the supervision fee as set forth below. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. If Landlord fails to take any action within the thirty (30) day period set forth above, Landlord shall be deemed to approved the Tenant's Changes. However, any Tenant Change deemed approved in such a manner shall be subject to the Supervision Fee as set forth below and Tenant shall be required to give Landlord written notice of Landlord's failure to respond to Tenant's request for consent to a Tenant Change in which notice Tenant must demand Landlord to advise Tenant of any restoration required as a result of such Tenant Change. Thereafter, if Landlord fails to advise Tenant of any restoration requirements pursuant to such Tenant Change within three (3) days of Landlord's receipt of Tenant's demand, then restoration shall not otherwise be required with respect to such Tenant's Changes. Tenant shall pay to Landlord a Supervision Fee (which shall include the cost of review of the proposed Tenant's Changes) the lesser of the actual cost of the supervision or equal to ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of
Appears in 1 contract
Sources: Lease Agreement (Paradyne Corp)
TENANT'S CHANGES. 12.1 After Tenant takes occupancy of the Demised Premises, 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter collectively called "“changes," ”, and, as applied to changes provided for in this Article, "“Tenant's ’s Changes"”) in and to the Demised Premises without the express prior written consent of Landlord, which shall not be unreasonably withheld conditioned or delayed. Any additional portion of the Demised Premises used for lab space beyond that lab space provided for in the initial build-out shall be considered a Tenant Change and must be approved by Landlord in writing pursuant to this Article. Landlord's consent shall not be required for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the premises, the manufacturer of the paint and the color of the paint. Landlord's consent shall not be required for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installedwithheld. All proposed Tenant's ’s Changes shall be submitted to Landlord for written consent at least thirty (30) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's ’s Changes. Landlord agrees, within ten (10) business days from Landlord's receipt of Tenant's request for consent to a Tenant Change, to acknowledge receipt of such request. At the time Landlord gives its consent to the Tenant Changes, Landlord shall provide Tenant with the estimated cost of the supervision fee as set forth below. If Landlord consents to Tenant's ’s Changes, Tenant may commence and diligently prosecute to completion Tenant's ’s Changes, under the direct supervision of Landlord. If Landlord fails to take any action within Notwithstanding the thirty (30) day period set forth above, Landlord shall be deemed to approved the Tenant's Changes. However, any Tenant Change deemed approved in such a manner shall be subject foregoing to the Supervision Fee as set forth below and Tenant contrary: Landlord’s consent shall not be required to give for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the Demised Premises, the manufacturer of the paint and the color of the paint. Landlord's failure to respond to Tenant's request for ’s consent to a Tenant Change in which notice Tenant must demand Landlord to advise Tenant of any restoration required as a result of such Tenant Change. Thereafter, if Landlord fails to advise Tenant of any restoration requirements pursuant to such Tenant Change within three (3) days of Landlord's receipt of Tenant's demand, then restoration shall not otherwise be required for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installed. Landlord’s consent shall not be required for wall covering provided Tenant provides Landlord with respect the manufacturer and type of wall covering and such wall covering is properly sized to such Tenant's Changesthe walls when installed. Tenant shall pay to Landlord a Supervision Fee supervision fee (which shall include the cost of review of the proposed Tenant's ’s Changes) the lesser of the actual cost of the supervision or equal to ten five percent (105%) of the certified “hard” cost of completion of Tenant's ’s Changes; provided, however, that no supervision fee shall be applicable to Tenant’s Work (other than the construction management fee set forth in Exhibit C) or to painting, carpeting and/or the installation of wall coverings (collectively, “Cosmetic Changes”). Prior to the commencement of Tenant's ’s Changes (other than Tenant’s Work and Cosmetic Changes), Tenant shall pay to Landlord ten five percent (105%) of the estimated “hard” cost of completion (the "“Estimated Payment"”) as additional rent. Within fifteen (15) days after completion of Tenant's ’s Changes (other than Tenant’s Work and Cosmetic Changes), Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total “hard” cost ofof completion of Tenant’s Changes (the “Total Cost”). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded five percent (5%) of the Total Cost, Landlord shall pay the amount of excess directly to Tenant within thirty (30) days of Tenant’s delivery of the certified statement. If such certified statement furnished by Tenant shall indicate that five percent (5%) of the Total Cost exceeded Tenant’s Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent.
12.02. Notwithstanding the provisions of Section 12.01, any and all proposed Tenant’s Changes which shall materially affect or materially alter the following items shall require Landlord’s express written consent, which may be denied in Landlord’s sole and absolute discretion:
(a) The outside appearance or the strength of the Building or any of its structural parts; or
(b) Any other tenant’s premises; or
(c) The base building mechanical, electrical, sanitary and other service systems of the Building, or materially increase the usage of such system (i.e., supplemental or back-up facilities). If Landlord shall provide its express written consent, then all such work shall be performed only by the Landlord, at a reasonable cost to be mutually agreed upon between Landlord and Tenant.
12.03. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant’s Changes and for final approval thereof upon completion, and shall cause Tenant’s Changes to be performed in compliance therewith and with all applicable laws and requirements of public authorities, and with all applicable requirements of insurance bodies, and in good and workmanlike manner, using new materials and equipment at least equal in quality and class to the original installations in the Building. Tenant’s Changes shall be performed in such manner as not to unreasonably interfere with, delay, or impose any additional expense upon Landlord in the construction, maintenance or operation of the Building unless Tenant shall indemnify Landlord therefore to the latter’s reasonable satisfaction. Throughout the performance of Tenant’s Changes, Tenant, at its expense, shall carry, or cause to be carried, worker’s compensation insurance in required statutory limits, and general liability insurance for any occurrence in or about the Building, in which Landlord and its agents shall be named as additional insureds in such limits as Landlord may reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant’s Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant’s Changes. If any of Tenant’s Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not Tenant’s Property (as defined in Article 13), such fixtures, equipment or other property shall be promptly replaced, at Tenant’s expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value, which shall become the property of Landlord upon installation. In addition, unless Landlord shall otherwise expressly consent in writing, the Tenant shall deliver such removed fixtures to Landlord.
12.04. Tenant, shall not do any act, or make any contract, which may create or be the foundation for any lien or other encumbrance upon any interest of Landlord or any ground or underlying lessor in any portion of the Demised Premises. If, because of any act or omission (or alleged act or omission) of Tenant, any Construction Lien Claim or other lien (collectively “Lien”), charge, or order for the payment of money or other encumbrances shall be filed against Landlord and/or any ground or underlying lessor and/or any portion of the Demised Premises (whether or not such Lien, charge, order or encumbrance is valid or enforceable as such), Tenant shall, at its own cost and expense, cause same to be discharged of record or bonded within fifteen (15) days after the filing thereof, and Tenant shall indemnify and save harmless Landlord and all ground and underlying lessor(s) against and from all costs, liabilities, suits, penalties, claims, and demands, including reasonable counsel fees, resulting therefrom. If Tenant fails to comply with the foregoing provisions, Landlord shall have the option of discharging or bonding any such Lien, charge, order or encumbrance, and Tenant agrees to reimburse Landlord for other sums of money in connection therewith (as additional rental) with interest at the maximum rate permitted by law promptly upon demand. All materialmen, contractors, artisans, mechanics, laborers, and any other persons now or hereafter contracting with Tenant or any contractor or subcontractor of Tenant for the furnishing of any labor services, materials, supplies, or equipment with respect to any portion of the Demised Premises at any time from the date hereof until the end of the Term of this Lease are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. However, nothing herein contained shall prevent Tenant from contesting, in good faith and at its own expense, any such Lien by bonding same and otherwise complying with the provisions of Section 9.02.
12.05. Tenant agrees that the exercise of its rights pursuant to the provisions of this Article 12 shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute, nor interference with the business of Landlord or any tenant or occupant of the Building. In the event of a labor dispute including a strike, picketing, informational or associational activities directed at Tenant or any other tenant, Landlord reserves the right unilaterally to alter Tenant’s ingress and egress to the Building or make any other changes in operating conditions to restrict pedestrian, vehicular or delivery ingress and egress to a particular location. Landlord represents, warrants and covenants that no union contracts presently affect the Land and/or the Building; provided, however, that Landlord is obligated to use union cleaning contractors. The foregoing provisions of this Section 12.05 shall not be construed to require Tenant or its contractors to use union labor.
Appears in 1 contract
TENANT'S CHANGES. 12.1 After Tenant takes occupancy of the Demised Premises, 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter collectively Collectively called "changes," ", and, as applied to changes provided Provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which shall not be unreasonably withheld conditioned or delayed. Any additional portion of the Demised Premises used for lab space beyond that lab space provided for in the initial build-out shall be considered a Tenant Change and must be approved by Landlord in writing pursuant to this Article. Landlord's consent shall not be required for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the premises, the manufacturer of the paint and the color of the paint. Landlord's consent shall not be required for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installedlandlord. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least thirty sixty (3060) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications for the work to o be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. Landlord agrees, within ten (10) business days from Landlord's receipt of Tenant's request for consent to a Tenant Change, to acknowledge receipt of such request. At the time Landlord gives its consent to the Tenant Changes, Landlord shall provide Tenant with the estimated cost of the supervision fee as set forth below. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. If Landlord fails to take any action within the thirty (30) day period set forth above, Landlord shall be deemed to approved the Tenant's Changes. However, any Tenant Change deemed approved in such a manner shall be subject to the Supervision Fee as set forth below and Tenant shall be required to give Landlord written notice of Landlord's failure to respond to Tenant's request for consent to a Tenant Change in which notice Tenant must demand Landlord to advise Tenant of any restoration required as a result of such Tenant Change. Thereafter, if Landlord fails to advise Tenant of any restoration requirements pursuant to such Tenant Change within three (3) days of Landlord's receipt of Tenant's demand, then restoration shall not otherwise be required with respect to such Tenant's Changeslandlord. Tenant shall pay to Landlord a Supervision Fee supervision fee (which shall include the cost of review of the proposed Tenant's Changes) the lesser of the actual cost of the supervision or equal to ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded ten percent (1O%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that ten percent (1O%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent.
12.02. Notwithstanding the provisions of Section 12.01, all proposed Tenant's Changes which shall affect or alter:
(a) The outside appearance or the strength of the Building or of any of its s ructural parts; or
(b) Any part of the Building outside of the Demised Premises, or
(c) The mechanical, electrical, sanitary and other service systems of the Building, or increase the usage of such systems shall be performed only by the Landlord, at a cost to be mutually agreed upon between Landlord and Tenant.
12.03. Tenant, at its expense, shall obtain all necessary governmental permits and certifica es for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion, and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable laws and requirements of public authorities, and with all applicable requirements of insurance bodies, and in good and workmanlike manner, using new materials and equipment at least equal in quality and class to the original installations in the Building. Tenant's Changes shall be performed in such manner as not to unreasonably interfere with or delay and (unless Tenant shall indemnify Landlord therefor to the latter's reasonable satisfaction) as not to impose any additional expense upon Landlord in the construction, maintenance or operation of the Building. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance for any occurrence in or about the Building, in which Landlord and its agents shall be named as parties insured in such Emits as Landlord may reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. If any of Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not Tenant's Property (as defined in Article 13), such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value. In addition, unless Landlord shall otherwise expressly consent in writing, the Tenant shall deliver such removed fixtures to Landlord.
12.04. Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation ar sing from or otherwise connected with Tenant's Changes which shall be issued by any public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic's and other liens filed in connection with Tenant's Changes, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any material, fixtures or articles so installed in and constituting part of the Demised Premises and, against all costs, expenses and liabilities incurred in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall procure the satisfaction or discharge of all such liens within fifteen (15) days after Landlord makes written demand therefor. However, nothing herein contained shall prevent Tenant from contesting, in good faith and at its own expense, any such notice of violation, provided that Tenant shall comply with the provisions of Section 9.02.
12.05. Tenant agrees that the ex rcise of its rights pursuant to the provisions of this Article 12 shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or violate Landlord's union contracts affecting the Land and Building, nor interference with the business of Landlord or any tenant or occupant of the Building.
Appears in 1 contract
Sources: Lease Agreement (Robotic Lasers Inc)
TENANT'S CHANGES. 12.1 After Tenant takes occupancy of the Demised Premises, 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter collectively Collectively called "changes," ", and, as applied to changes provided Provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which shall not be unreasonably withheld conditioned or delayed. Any additional portion of the Demised Premises used for lab space beyond that lab space provided for in the initial build-out shall be considered a Tenant Change and must be approved by Landlord in writing pursuant to this Article. Landlord's consent shall not be required for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the premises, the manufacturer of the paint and the color of the paint. Landlord's consent shall not be required for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installed. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least thirty sixty (3060) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. Landlord agrees, within ten (10) business days from Landlord's receipt of Tenant's request for consent to a Tenant Change, to acknowledge receipt of such request. At the time Landlord gives its consent to the Tenant Changes, Landlord shall provide Tenant with the estimated cost of the supervision fee as set forth below. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. If Landlord fails to take any action within the thirty (30) day period set forth above, Landlord shall be deemed to approved the Tenant's Changes. However, any Tenant Change deemed approved in such a manner shall be subject to the Supervision Fee as set forth below and Tenant shall be required to give Landlord written notice of Landlord's failure to respond to Tenant's request for consent to a Tenant Change in which notice Tenant must demand Landlord to advise Tenant of any restoration required as a result of such Tenant Change. Thereafter, if Landlord fails to advise Tenant of any restoration requirements pursuant to such Tenant Change within three (3) days of Landlord's receipt of Tenant's demand, then restoration shall not otherwise be required with respect to such Tenant's Changes. Tenant shall pay to Landlord a Supervision Fee supervision fee (which shall include the cost of review of the proposed Tenant's Changes) the lesser of the actual cost of the supervision or equal to ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent.
12.02. Notwithstanding the provisions of Section 12.01, all proposed Tenant's Changes which shall affect or alter:
(a) The outside appearance or the strength of the Building or of any of its structural parts; or
(b) Any part of the Building outside of the Demised Premises; or
(c) The mechanical, electrical, sanitary and other service systems of the Building, or increase the usage of such systems; shall be performed only by the Landlord, at a cost to be mutually agreed upon between Landlord and Tenant.
12.03. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion, and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable laws and requirements of public authorities, and with all applicable requirements of insurance bodies, and in good and workmanlike manner, using new materials and equipment at least equal in quality and class to the original installations in the Building. Tenant's Changes shall be performed in such manner as not to unreasonably interfere with or delay and (unless Tenant shall indemnify Landlord therefor to the latter's reasonable satisfaction) as not to impose any additional expense upon Landlord in the construction, maintenance or operation of the Building. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance for any occurrence in or about the Building, in which Landlord and its agents shall be named as parties insured in such limits as Landlord may reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. If any of Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not Tenant's Property (as defined in Article 13), such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value. In addition, unless Landlord shall otherwise expressly consent in writing, the Tenant shall deliver such removed fixtures to Landlord.
12.04. Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by any public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic's and other liens filed in connection with Tenant's Changes, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any material, fixtures or articles so installed in and constituting part of the Demised Premises and, against all costs, expenses and liabilities incurred in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall procure the satisfaction or discharge of all such liens within fifteen (15) days after Landlord makes written demand therefor. However, nothing herein contained shall prevent Tenant from contesting, in good faith and at its own expense, any such notice of violation, provided that Tenant shall comply with the provisions of Section 9.02.
12.05. Tenant agrees that the exercise of its rights pursuant to the provisions of this Article 12 shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or violate Landlord's union contracts affecting the Land and Building, nor interference with the business of Landlord or any tenant or occupant of the Building.
Appears in 1 contract
TENANT'S CHANGES. 12.1 After Tenant takes occupancy of the Demised Premises, 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter collectively Collectively called "changes," ", and, as applied to changes provided Provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which shall not be unreasonably withheld conditioned or delayed. Any additional portion of the Demised Premises used for lab space beyond that lab space provided for in the initial build-out No supervision fee shall be considered a Tenant Change and must be approved by Landlord in writing pursuant required with respect to this Article. Landlord's consent shall not be required for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the premises, the manufacturer of the paint and the color of the paint. Landlord's consent shall not be required for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installedor carpeting. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least thirty forty five (3045) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. Landlord agrees, within ten (10) business days from Landlord's receipt of Tenant's request for consent to a Tenant Change, to acknowledge receipt of such request. At the time Landlord gives its consent to the Tenant Changes, Landlord shall provide Tenant with the estimated cost of the supervision fee as set forth below. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. If Landlord fails to take any action within the thirty (30) day period set forth above, Landlord shall be deemed to approved the Tenant's Changes. However, any Tenant Change deemed approved in such a manner shall be subject to the Supervision Fee as set forth below and Tenant shall be required to give Landlord written notice of Landlord's failure to respond to Tenant's request for consent to a Tenant Change in which notice Tenant must demand Landlord to advise Tenant of any restoration required as a result of such Tenant Change. Thereafter, if Landlord fails to advise Tenant of any restoration requirements pursuant to such Tenant Change within three (3) days of Landlord's receipt of Tenant's demand, then restoration shall not otherwise be required with respect to such Tenant's Changes. Tenant shall pay to Landlord a Supervision Fee supervision fee (which shall include the cost of review of the proposed Tenant's Changes) the lesser of the actual cost of the supervision or equal to ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent.
12.02. Notwithstanding the provisions of Section 12.01, all proposed Tenant's Changes which shall affect or alter:
(a) The outside appearance or the strength of the Building or of any of its structural parts; or
(b) Any part of the Building outside of the Demised Premises; or
(c) The mechanical, electrical, sanitary and other service systems of the Building, or increase the usage of such systems; shall be performed only by the Landlord, at a cost to be mutually agreed upon between Landlord and Tenant.
12.03. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion, and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable laws and requirements of public authorities, and with all applicable requirements of insurance bodies, and in good and workmanlike manner, using new materials and equipment at least equal in quality and class to the original installations in the Building. Tenant's Changes shall be performed in such manner as not to unreasonably interfere with or delay and (unless Tenant shall indemnify Landlord therefor to the latter's reasonable satisfaction) as not to impose any additional expense upon Landlord in the construction, maintenance or operation of the Building. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance for any occurrence in or about the Building, in which Landlord and its agents shall be named as parties insured in such limits as Landlord may reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. If any of Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not Tenant's Property (as defined in Article 13), such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value. In addition, unless Landlord shall otherwise expressly consent in writing, the Tenant shall deliver such removed fixtures to Landlord.
12.04. Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by any public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic's and other liens filed in connection with Tenant's Changes, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any material, fixtures or articles so installed in and constituting part of the Demised Premises and, against all costs, expenses and liabilities incurred in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall procure the satisfaction or discharge of all such liens within fifteen (15) days after Landlord makes written demand therefor. However, nothing herein contained shall prevent Tenant from contesting, in good faith and at its own expense, any such notice of violation, provided that Tenant shall comply with the provisions of Section 9.02.
12.05. Tenant agrees that the exercise of its rights pursuant to the provisions of this Article l2 shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or violate Landlord's union contracts affecting the Land and Building, nor interference with the business of Landlord or any tenant or occupant of the Building.
Appears in 1 contract
TENANT'S CHANGES. 12.1 After Tenant takes occupancy of the Demised Premises, 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter collectively called "changes," ", and, as applied to changes provided Provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which shall not be unreasonably withheld conditioned . Preliminary plans or delayed. Any additional portion of the Demised Premises used requests for lab space beyond that lab space provided for in the initial build-out changes shall be considered a Tenant Change and must be approved by Landlord submitted in writing pursuant to this Articlethe Landlord for preliminary approval. LandlordLandlord shall have fifteen (15) days to respond to Tenant's consent shall not be required request for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the premises, the manufacturer of the paint and the color of the paintchanges. Landlord's consent shall not be required Final plans for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installed. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least thirty (30) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. Landlord agrees, within ten (10) business days from Landlord's receipt of Tenant's request for consent to a Tenant Change, to acknowledge receipt of such request. At the time Landlord gives its consent to the Tenant Changes, Landlord shall provide Tenant with the estimated cost of the supervision fee as set forth below. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. If Landlord fails to take any action within the thirty (30) day period set forth aboveExcept for changes described in Section 12.07, Landlord shall be deemed to approved the Tenant's Changes. However, any Tenant Change deemed approved in such a manner shall be subject to the Supervision Fee as set forth below and Tenant shall be required to give Landlord written notice of Landlord's failure to respond to Tenant's request for consent to a Tenant Change in which notice Tenant must demand Landlord to advise Tenant of any restoration required as a result of such Tenant Change. Thereafter, if Landlord fails to advise Tenant of any restoration requirements pursuant to such Tenant Change within three (3) days of Landlord's receipt of Tenant's demand, then restoration shall not otherwise be required with respect to such Tenant's Changes. Tenant shall pay to Landlord a Supervision Fee supervision fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the Landlord's actual cost of the supervision or equal to ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost ofof completion of Tenant's Changes (the "Total Cost"). Landlord shall then render its invoice to the Tenant for the supervision fee, which shall be due and payable within thirty (30) days as additional rent.
12.02. Notwithstanding the provisions of Section 12.01, all proposed Tenant's Changes which shall affect or alter:
(a) The outside appearance or the strength of the Building or of any of its structural parts; or
(b) Any part of the Building outside of the Demised Premises; or
(c) The mechanical, electrical, sanitary and other service systems of the Building, or increase the usage of such systems;
Appears in 1 contract
Sources: Lease Agreement (Globespan Inc/De)
TENANT'S CHANGES. 12.1 After Tenant takes occupancy of the Demised Premises, 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter collectively Collectively called "changes," ", and, as applied to changes provided Provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which consent shall not be unreasonably withheld conditioned or delayed. Any additional portion of the Demised Premises used for lab space beyond that lab space provided for in the initial build-out shall be considered a Tenant Change and must be approved by Landlord in writing pursuant to this Article. Landlord's consent shall not be required for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the premises, the manufacturer of the paint and the color of the paint. Landlord's consent shall not be required for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installedwithheld. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least thirty forty five (3045) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications reasonably required for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. Landlord agrees, within ten (10) business days from Landlord's receipt of Tenant's request for consent to a Tenant Change, to acknowledge receipt of such request. At the time Landlord gives its consent to the Tenant Changes, Landlord shall provide Tenant with the estimated cost of the supervision fee as set forth below. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. If Landlord fails to take any action within the thirty (30) day period set forth above, Landlord shall be deemed to approved the Tenant's Changes. However, any Tenant Change deemed approved in such a manner shall be subject to the Supervision Fee as set forth below and Tenant shall be required to give Landlord written notice of Landlord's failure to respond to Tenant's request for consent to a Tenant Change in which notice Tenant must demand Landlord to advise Tenant of any restoration required as a result of such Tenant Change. Thereafter, if Landlord fails to advise Tenant of any restoration requirements pursuant to such Tenant Change within three (3) days of Landlord's receipt of Tenant's demand, then restoration shall not otherwise be required with respect to such Tenant's Changes. Tenant shall pay to Landlord a Supervision Fee commercially reasonable supervision fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the actual cost of the supervision or equal to ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent.
12.02. Notwithstanding the provisions of Section 12.01, all proposed Tenant's Changes which shall affect or alter:
(a) The outside appearance or the strength of the Building or of any of its structural parts; or
(b) Any part of the Building outside of the Demised Premises; or
(c) The mechanical, electrical, sanitary and other service systems of the Building, or increase the usage of such systems; shall be performed only by the Landlord, at a cost to be mutually agreed upon between Landlord and Tenant, which cost shall be commercially reasonable.
12.03. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion, and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable laws and requirements of public authorities, and with all applicable requirements of insurance bodies, and in good and workmanlike manner, using new materials and equipment at least equal in quality and class to the original installations in the Building. Tenant's Changes shall be performed in such manner as not to unreasonably interfere with or delay and (unless Tenant shall indemnify Landlord therefor to the latter's reasonable satisfaction) as not to impose any additional expense upon Landlord in the construction, maintenance or operation of the Building. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance for any occurrence in or about the Building, in which Landlord and its agents shall be named as parties insured in such limits as Landlord may reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. If any of Tenant's Changes shall involve the removal or any fixtures, equipment or other property in the Demised Premises which are not Tenant's Property (as defined in Article 13), such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value. In addition, unless Landlord shall otherwise expressly consent in writing, the Tenant shall deliver such removed fixtures to Landlord unless Tenant is reusing such fixtures within the Demised Premises.
12.04. Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by any public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic's and other liens filed in connection with Tenant's Changes, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any material, fixtures or articles so installed in and constituting part of the Demised Premises and, against all costs, expenses and liabilities incurred in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall bond over or procure the satisfaction or discharge of all such liens within fifteen (15) days after Landlord makes written demand therefor. However, nothing herein contained shall prevent Tenant from contesting, in good faith and at its own expense, any such notice of violation, provided that Tenant shall comply with the provisions of Section 9.02.
12.05. Tenant agrees that the exercise of its rights pursuant to the provisions of this Article 12 shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or violate Landlord's union contracts affecting the Land and Building, nor interference with the business of landlord or any tenant or occupant of the Building.
12.06. All of Tenant's Changes shall be subject to restoration in the same manner and subject to the same terms and conditions as described in Section 102.
12.07. None of the provisions of this Article 12 shall apply to Landlord's Work or Tenant's Finish Work described in Exhibit C.
Appears in 1 contract
Sources: Sublease Agreement (I Many Inc)
TENANT'S CHANGES. 12.1 After Tenant takes occupancy of the Demised Premises, Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter collectively called "changes," and, as applied to changes provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which shall not be unreasonably withheld conditioned or delayed. Any additional portion of the Demised Premises used for lab space beyond that lab space provided for in the initial build-out shall be considered a Tenant Change and must be approved by Landlord in writing pursuant to this Article. Landlord's consent shall not be required for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the premises, the manufacturer of the paint and the color of the paint. Landlord's consent shall not be required for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installed. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least thirty (30) days prior to the date Tenant intends to commence such changes, such submission to include plans and specifications for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. Landlord agrees, within ten (10) business days from Landlord's receipt of Tenant's request for consent to a Tenant Change, to acknowledge receipt of such request. At the time Landlord gives its consent to the Tenant Changes, Landlord shall provide Tenant with the estimated cost of the supervision fee as set forth below. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. If Landlord fails to take any action within the thirty (30) day period set forth above, Landlord shall be deemed to approved the Tenant's Changes. However, any Tenant Change deemed approved in such a manner shall be subject to the Supervision Fee as set forth below and Tenant shall be required to give Landlord written notice of Landlord's failure to respond to Tenant's request for consent to a Tenant Change in which notice Tenant must demand Landlord to advise Tenant of any restoration required as a result of such Tenant Change. Thereafter, if Landlord fails to advise Tenant of any restoration requirements pursuant to such Tenant Change within three (3) days of Landlord's receipt of Tenant's demand, then restoration shall not otherwise be required with respect to such Tenant's Changes. Tenant shall pay to Landlord a Supervision Fee (which shall include the cost of review of the proposed Tenant's Changes) the lesser of the actual cost of the supervision or equal to ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost ofof completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent. Any Tenant Changes performed by the Landlord shall not be subject to a separate Supervision Fee as described in this Paragraph (the cost of any type of supervision shall be included in the price of the work).
12.2 Notwithstanding the provisions of Section 12.1, all proposed Tenant's Changes which shall affect or alter:
(a) The outside appearance or the strength of the Building or of any of its structural parts; or
(b) Any part of the Building outside of the Demised Premises; or
(c) The mechanical, electrical, sanitary and other service systems of the Building, or increase the usage of such systems; shall be performed only by the Landlord, at a cost to be mutually agreed upon between Landlord and Tenant, which cost shall be commercially reasonable.
12.3 Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion, and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable laws and requirements of public authorities, and with all applicable requirements of insurance bodies, and in good and workmanlike manner, using new materials and equipment at least equal in quality and class to the original installations in the Building. Tenant's Changes shall be performed in such manner as not to unreasonably interfere with or delay and (unless Tenant shall indemnify Landlord therefor to the latter's reasonable satisfaction) as not to impose any additional expense upon Landlord in the construction, maintenance or operation of the Building. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance for any occurrence in or about the Building, in which Landlord and its agents shall be named as parties insured in such limits as Landlord may reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. If any of Tenant's Changes shall invoke the removal of any fixtures, equipment or other property in the Demised Premises which are not Tenant's Property (as defined in Article 13), such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense, with new fixtures, equipment or other property (as the case may
Appears in 1 contract
TENANT'S CHANGES. 12.1 After Tenant takes occupancy of the Demised Premises, 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter collectively Collectively called "changes," ", and, as applied to changes provided Provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which consent shall not be unreasonably withheld conditioned or delayed. Any additional portion delayed provided the Tenant is not in default of the Demised Premises used for lab space beyond that lab space provided for in the initial build-out shall be considered a Tenant Change and must be approved by Landlord in writing pursuant to this Article. Landlord's consent shall not be required for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the premises, the manufacturer of the paint and the color of the paint. Landlord's consent shall not be required for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installedLease. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least thirty sixty (3060) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. If Landlord agrees, within ten (10) business days from Landlord's receipt of consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. Upon request for consent to a Tenant Changeby Tenant, to acknowledge receipt of such request. At at the time Landlord gives its consent to the Tenant Changes, Landlord shall provide Tenant with the estimated cost of the supervision fee as set forth below. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. If Landlord fails to take any action within the thirty (30) day period set forth above, Landlord shall be deemed to approved the Tenant's Changes. However, any Tenant Change deemed approved in such a manner shall be subject to the Supervision Fee as set forth below and Tenant shall be required to give Landlord written notice of Landlord's failure to respond to Tenant's request for consent to a Tenant Change in which notice Tenant must demand Landlord to advise Tenant of any restoration required as a result of such Tenant Change. Thereafter, if Landlord fails to advise Tenant of any restoration requirements pursuant to such Tenant Change within three (3) days of Landlord's receipt of Tenant's demand, then restoration shall not otherwise be required with respect to such Tenant's Changes. Tenant shall pay to Landlord a Supervision Fee supervision fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the actual cost of the supervision or equal to ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost ofof completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent. Tenant shall not be obligated to pay Landlord a supervision fee if Landlord, or one of its affiliates, is the contractor for the Tenant Changes (any supervision fees shall be included in the price of the work).
12.02. Notwithstanding the provisions of Section 12.01, all proposed Tenant's Changes which shall affect or alter:
(a) The outside appearance or the strength of the Building or of any of its structural parts; or
(b) Any part of the Building outside of the Demised Premises; or
(c) The mechanical, electrical, sanitary and other service systems of the Building, or increase the usage of such systems; shall be performed only by the Landlord, at a cost to be mutually agreed upon between Landlord and Tenant.
12.03. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion, and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable laws and requirements of public authorities, and with all applicable requirements of insurance bodies, and in good and workmanlike manner, using materials and equipment at least equal in quality and class to the original installations in the Building. Tenant's Changes shall be performed in such manner as not to unreasonably interfere with or delay and (unless Tenant shall indemnify Landlord therefor to the latter's reasonable satisfaction) as not to impose any additional expense upon Landlord in the construction, maintenance or operation of the Building. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance for any occurrence in or about the Building, in which Landlord and its agents shall be named as parties insured in such limits as Landlord may reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. If any of Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not Tenant's Property (as defined in Article 13), such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value. In addition, unless Landlord shall otherwise expressly consent in writing, the Tenant shall deliver such removed fixtures to Landlord.
12.04. Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by any public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic's and other liens filed in connection with Tenant's Changes, including the liens of any security interest in, conditional sales of or chattel mortgages upon, any material, fixtures or articles so installed in and constituting part of the Demised Premises and, against all costs, expenses and liabilities incurred in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall procure the satisfaction or discharge of all such liens within fifteen (15) days after Landlord makes written demand therefor. However, nothing herein contained shall prevent Tenant from contesting, in good faith and at its own expense, any such notice of violation, provided that Tenant shall comply with the provisions of Section 9.02.
12.05. Tenant agrees that the exercise of its rights pursuant to the provisions of this Article 12 shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or violate Landlord's union contracts affecting the Land and Building, nor interference with the business of Landlord or any tenant or occupant of the Building.
12.06. If Landlord requires restoration of all or any part of Tenant's Changes, Landlord shall advise Tenant of such restoration requirement at the time Landlord gives its consent to any Tenant Changes. If Landlord fails to require restoration at the time it gives such consent, then restoration shall not otherwise be required with respect to such Tenant's Changes.
Appears in 1 contract
Sources: Lease Agreement (I Many Inc)
TENANT'S CHANGES. 12.1 After Tenant takes occupancy of the Demised Premises, 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter collectively Collectively called "changes," ", and, as applied to changes provided Provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which consent shall not be unreasonably withheld conditioned or delayed. Any additional portion of the Demised Premises used for lab space beyond that lab space provided for in the initial build-out shall be considered a Tenant Change and must be approved by Landlord in writing pursuant to this Article. Landlord's consent shall not be required for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the premises, the manufacturer of the paint and the color of the paint. Landlord's consent shall not be required for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installedwithheld. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least thirty forty five (3045) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications reasonably required for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. Landlord agrees, within ten (10) business days from Landlord's receipt of Tenant's request for consent to a Tenant Change, to acknowledge receipt of such request. At the time Landlord gives its consent to the Tenant Changes, Landlord shall provide Tenant with the estimated cost of the supervision fee as set forth below. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. If Landlord fails to take any action within the thirty (30) day period set forth above, Landlord shall be deemed to approved the Tenant's Changes. However, any Tenant Change deemed approved in such a manner shall be subject to the Supervision Fee as set forth below and Tenant shall be required to give Landlord written notice of Landlord's failure to respond to Tenant's request for consent to a Tenant Change in which notice Tenant must demand Landlord to advise Tenant of any restoration required as a result of such Tenant Change. Thereafter, if Landlord fails to advise Tenant of any restoration requirements pursuant to such Tenant Change within three (3) days of Landlord's receipt of Tenant's demand, then restoration shall not otherwise be required with respect to such Tenant's Changes. Tenant shall pay to Landlord a Supervision Fee commercially reasonable supervision fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the actual cost of the supervision or equal to ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent.
12.02. Notwithstanding the provisions of Section 12.01, all proposed Tenant's Changes which shall affect or alter:
(a) The outside appearance or the strength of the Building or of any of its structural parts; or
(b) Any part of the Building outside of the Demised Premises; or
(c) The mechanical, electrical, sanitary and other service systems of the Building, or increase the usage of such systems; shall be performed only by the Landlord, at a cost to be mutually agreed upon between Landlord and Tenant, which cost shall be commercially reasonable.
12.03. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion, and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable laws and requirements of public authorities, and with all applicable requirements of insurance bodies, and in good and workmanlike manner, using new materials and equipment at least equal in quality and class to the original installations in the Building. Tenant's Changes shall be performed in such manner as not to unreasonably interfere with or delay and (unless Tenant shall indemnify Landlord therefor to the latter's reasonable satisfaction) as not to impose any additional expense upon Landlord in the construction, maintenance or operation of the Building. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance for any occurrence in or about the Building, in which Landlord and its agents shall be named as parties insured in such limits as Landlord may reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall ▇▇▇▇▇▇▇ Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. If any of Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not Tenant's Property (as defined in Article 13), such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value. In addition, unless Landlord shall otherwise expressly consent in writing, the Tenant shall deliver such removed fixtures to Landlord unless Tenant is reusing such fixtures within the Demised Premises.
12.04. Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by any public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic's and other liens filed in connection with Tenant's Changes, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any material, fixtures or articles so installed in and constituting part of the Demised Premises and, against all costs, expenses and liabilities incurred in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall bond over or procure the satisfaction or discharge of all such liens within fifteen (15) days after Landlord makes written demand therefor. However, nothing herein contained shall prevent Tenant from contesting, in good faith and at its own expense, any such notice of violation, provided that Tenant shall comply with the provisions of Section 9.02.
12.05. Tenant agrees that the exercise of its rights pursuant to the provisions of this Article 12 shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or violate Landlord's union contracts affecting the Land and Building, nor interference with the business of Landlord or any tenant or occupant of the Building.
12.06. All of Tenant's Changes shall be subject to restoration in the same manner and subject to the same terms and conditions as described in Section 3.02.
12.07. None of the provisions of this Article 12 shall apply to Landlord's Work or Tenant's Finish Work described in Exhibit C.
Appears in 1 contract
Sources: Lease Agreement (Pxre Group LTD)
TENANT'S CHANGES. 12.1 After Tenant takes occupancy of the Demised Premises, 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter collectively Collectively called "changes," ", and, as applied to changes provided Provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which shall not be unreasonably withheld conditioned or delayed. Any additional portion of the Demised Premises used for lab space beyond that lab space provided for in the initial build-out shall be considered a Tenant Change and must be approved by Landlord in writing pursuant to this Article. Landlord's consent shall not be required for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the premises, the manufacturer of the paint and the color of the paint. Landlord's consent shall not be required for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installed. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least thirty sixty (3060) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. Landlord agrees, within ten (10) business days from Landlord's receipt of Tenant's request for consent to a Tenant Change, to acknowledge receipt of such request. At the time Landlord gives its consent to the Tenant Changes, Landlord shall provide Tenant with the estimated cost of the supervision fee as set forth below. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. If Landlord fails to take any action within the thirty (30) day period set forth above, Landlord shall be deemed to approved the Tenant's Changes. However, any Tenant Change deemed approved in such a manner shall be subject to the Supervision Fee as set forth below and Tenant shall be required to give Landlord written notice liable for restoration of Landlord's failure to respond to Tenant's request for consent to all or part of a Tenant Change in which notice Tenant must demand but only if and to the extent the Landlord to advise Tenant of any identifies the required restoration required as a result of such Tenant Change. Thereafter, if Landlord fails to advise Tenant of any restoration requirements pursuant to such Tenant Change within three (3) days of Landlord's receipt of Tenant's demand, then restoration shall not otherwise be required with respect to such Tenant's Changeswhen granting its consent. Tenant shall pay to Landlord a Supervision Fee supervision fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the Landlord's actual cost of the supervision costs or equal to ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of Landlord's actual costs or ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of Landlord's actual costs or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent. There shall be no supervision fee charged for painting or carpeting.
12.02. Notwithstanding the provisions of Section 12.01, all proposed Tenant's Changes which shall affect or alter:
(a) The outside appearance or the strength of the Building or of any of its structural parts; or
(b) Any part of the Building outside of the Demised Premises; or
(c) The mechanical, electrical, sanitary and other service systems or the Building, or increase the usage of such systems; shall be performed only by the Landlord, at a cost to be mutually agreed upon between Landlord and Tenant.
12.03. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Tenant's Changes and for final approval thereof upon completion, and shall cause Tenant's Changes to be performed in compliance therewith and with all applicable laws and requirements of public authorities, and with all applicable requirements of insurance bodies, and in good and workmanlike manner, using new materials and equipment at least equal in quality and class to the original installations in the Building. Tenant's Changes shall be performed in such manner as not to unreasonably interfere with or delay and (unless Tenant shall indemnify Landlord therefor to the latter's reasonable satisfaction) as not to impose any additional expense upon Landlord in the construction, maintenance or operation of the Building. Throughout the performance of Tenant's Changes, Tenant, at its expense, shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance for any occurrence in or about the Building, in which Landlord and its agents shall be named as parties insured in such limits as Landlord may reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals thereafter during the continuance of Tenant's Changes. If any of Tenant's Changes shall involve the removal of any fixtures, equipment or other property in the Demised Premises which are not Tenant's Property (as defined in Article 13), such fixtures, equipment or other property shall be promptly replaced, at Tenant's expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value. In addition, unless Landlord shall otherwise expressly consent in writing, the Tenant shall deliver such removed fixtures to Landlord.
12.04. Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant's Changes which shall be issued by any public authority having or asserting jurisdiction. Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic's and other liens filed in connection with Tenant's Changes, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any material, fixtures or articles so installed in and constituting part of the Demised Premises and, against all costs, expenses and liabilities incurred in connection with any such lien, security interest, conditional sale or chattel mortgage or any action or proceeding brought thereon. Tenant, at its expense, shall procure the satisfaction or discharge of all such liens within fifteen (15) days after Landlord makes written demand therefor. However, nothing herein contained shall prevent Tenant from contesting, in good faith and at its own expense, any such notice of violation, provided that Tenant shall comply with the provisions of Section 9.02.
12.05. Tenant agrees that the exercise of its rights pursuant to the provisions of this Article 12 shall not be done in a manner which would create any work stoppage, picketing, labor disruption or dispute or violate Landlord's union contracts affecting the Land and Building, nor interference with the business of Landlord or any tenant or occupant of the Building. Prior to Tenant being in default of the foregoing, Landlord shall advise Tenant in writing of specific issues and problems and Tenant shall have a fifteen (15) day period to cure.
Appears in 1 contract
Sources: Lease Agreement (Intelligroup Inc)