Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace any fixtures in the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work. Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 3 contracts
Sources: Retail Lease, Retail Lease, Retail Lease
Tenant’s Work. Section 5.1 Except For purposes of this Article 5, the term "Tenant's Work" shall mean and refer to the construction and installation of all aspects of the Project as may set forth in detail in the Development Agreement, including the Improvements, and all other equipment, fixtures, pipes, wiring, mechanical systems and other property and systems necessary to the operation of the Project. All of Tenant's work shall be expressly done in the manner required by the Development Agreement and shall be completely lien-free (except as provided in this leaseSections 11.1 and 11.2 hereof, and except as otherwise permitted by the Development Agreement and the ESA). Tenant shall use commercially reasonable efforts to obtain warranties for Tenant's Work from its contractors and to enforce such warranties so that defects in Tenant's Work are corrected. If any warranties are not assignable to Landlord, Tenant shall nevertheless use reasonable diligence to keep such warranties in effect and to enforce the same. Tenant further agrees that if it determines that any portion of the Tenant's Work contains a material defect, it shall promptly notify Landlord of such defect and of the action which Tenant proposes to take or requires its contractors to take to remedy the same, provided that Tenant shall not replace take any fixtures action that may prejudice Landlord's ability to assert its warranty rights (if any) without Landlord's prior written consent. Without limiting the foregoing, Tenant reserves the right to install its own security system on the Project Site and Landlord, notwithstanding any other provision of this Lease to the contrary, understands and agrees that Tenant shall have the right to limit or restrict Landlord's access to the Project Site for reasonable safety and security purposes, but subject to Landlord's rights under Section 14.1 below and as provided for in the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), ESA and the Development Agreement. Subject to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructuralrights of Tenant under Sections 11.1 and 11.2 hereof, and (b) does not (i) affect any part of except as permitted by the Real Property outside Development Agreement and the Premises (including the Building roof) or the exterior of the PremisesESA, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such all of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s 's Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and workercompleted lien-like manner using new materials of first class quality free and in compliance accordance with this leaseall Applicable Law. At Landlord's election, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s 's Work shall be fully paid for by Tenant when payment is due and coordinated with Landlord's construction manager (who shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered unreasonably interfere with the Premises, at the expiration rendition of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s 's Work).
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 3 contracts
Sources: Lease (Bh Re LLC), Lease (Aladdin Gaming Enterprises Inc), Lease (Aladdin Gaming Holding LLC)
Tenant’s Work. Section 5.1 Except Commencing on the date this Lease is fully executed, Landlord shall permit Tenant and Tenant’s representatives to enter the Premises so that Tenant may do such work, excluding Landlord’s Work, as may be expressly provided in this lease, required by Tenant shall not replace any fixtures in to make the Premises or make any changes, improvements, alterations or additions ready for Tenant’s use and occupancy (collectively, “Tenant’s Work”). Such permission is conditioned upon Tenant and its agents, contractors, employees and invitees not interfering with Landlord’s Work in the Premises or other work Landlord is conducting in the Project, if any, and shall be subject to all the terms of this Lease except Tenant’s obligation to pay Base Rent. Tenant acknowledges and agrees that Landlord is not liable in any way for any injury,loss or damage which may occur to Tenant, its agents, contractors, employees, or invitees or to Tenant’s Work and installations made in the Premises, all of the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇same being at Tenant’s prior consentsole risk. Tenant acknowledges that Landlord will be conducting Landlord’s consent shall not be unreasonably withheld or delayed if Work in the Premises and other work in the Project concurrently with Tenant’s Work Work, and Tenant agrees to reasonably cooperate with Landlord in order to avoid interference with Landlord’s construction activities. Tenant shall have the right to use the loading dock subject to (a) is nonstructural, coordinating such use with Landlord’s and other tenants’ activities in the Building and (b) does not (i) affect any part of as to after hours usage, a reasonable charge to reimburse Landlord for its actual costs in providing such access. Tenant shall compensate Landlord at the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy normal hourly rate as set forth in Exhibit F for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇services of Landlord’s consent shall not be required engineering personnel in connection with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Go Daddy Group, Inc.), Purchase and Sale Agreement (Go Daddy Group, Inc.)
Tenant’s Work. Section 5.1 Except as may Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be expressly provided in this lease, performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not replace any fixtures to hinder or delay the operations of Landlord or the Contractor in the Premises Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any changessuch interference of which Landlord has actual knowledge, improvementsbut failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, alterations or additions (collectively, “Tenant’s Work”), and to the Premises, administrative supervision of the Real Property, Contractor. Tenant's Work shall comply with all of the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work following requirements:
(a) is nonstructural, and (b) does Tenant's Work shall not proceed until Landlord has approved in writing: (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the PremisesTenant's contractors, (ii) affect any structural element proof of the Buildingamount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) adversely affect complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any Building systemevent, or (iv) require an amendment all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy for due to Tenant's vendors is the Premises or the Building, ( responsibility of Tenant and shall be a Tenant Delay.
(c) is not visible outside In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the Premises second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) is performed only by contractors and subcontractors first approved Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such by reason of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for faulty work done by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by the granting reason of any security interests, liens, encumbrances inadequate cleanup by Tenant or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Workcontractors.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 2 contracts
Sources: Lease (Juniper Networks Inc), Lease Agreement (Webex Inc)
Tenant’s Work. (a) Other than Landlord’s Work pursuant to Section 5.1 Except as may be expressly provided in this lease7.01 herein, if desired, Tenant shall not replace any fixtures in the Premises or make any changesshall, improvementsat its sole cost and expense, alterations or additions (collectively, “commence all Tenant’s Work”). Tenant shall enter the Demised Premises after the Delivery Date for the purpose of performing Tenant’s Work, to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if provided that:
(i) all Tenant’s Work (a) is nonstructuralshall be conducted in such a manner as, and (b) does performed by such labor that, will not (i) interfere with, impede or affect in any part way Landlord’s Work, Landlord’s other construction activities at the Project, the construction activities of any tenant or other occupant within the Real Property outside Project, and/or any other work being performed in connection with the Premises (including the Building roof) or the exterior of the Premises, Project,
(ii) affect any structural element Tenant shall, at its own expense, remove from the Demised Premises and the Common Areas, on a daily basis, all trash which may accumulate in connection with Tenant’s Work activities and keep the Common Areas free of the Building, building material and equipment used in connection with Tenant’s Work,
(iii) adversely affect any Building systemTenant shall perform all duties and obligations imposed by this Lease, or including, but not limited to, those provisions relating to utilities, insurance and indemnification,
(iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is Tenant’s Work shall only be performed only by those contractors and subcontractors first approved by Landlord (in writing, which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required withheld, and
(v) in connection with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof obtain, in addition to all required approvals from Landlord as set forth in this Lease, the Premises and install appropriate ventilation if required so that approval of all governmental authorities having jurisdiction.
(b) If Tenant fails or omits to make timely submission to Landlord of any component of Tenant’s use of the Premises shall not result Plans or delays in noise and/or odors being transmitted outside the Premises. submitting or supplying information or in giving authorizations or in performing or completing Tenant’s Work or in any manner delays or interferes with the performance of Landlord’s Work or any other work being performed at or in connection with the Project, Landlord, in addition to any other right or remedy it may have hereunder or at law or in equity, may pursue any one or more of the following remedies:
(i) Landlord may give Tenant at least ten (10) days written notice that if a specified failure, omission or delay is not cured by the date therein stated, this Lease, at Landlord’s option, shall be fully paid deemed cancelled and terminated without prejudice to Landlord’s other rights and remedies hereunder or available at law or in equity, including, without limitation, a suit for by damages, and
(ii) Landlord may give written notice to Tenant when payment (notwithstanding that such a notice is due and shall not otherwise required hereunder) that the Rent Commencement Date will be financed with any conditional sales or title retention agreements or by deemed to have commenced on the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installationdate, to be improvements and betterments that become therein specified, when the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies same would have commenced if Tenant in accordance had timely complied with the provisions of this Article that Landlord relinquishes its rights theretoLease in any way pertaining to the submission of Tenant’s Design Drawings, in which case Tenant shall be obligated to remove such working drawings and specifications and the performance of Tenant’s Work.
(c) Tenant agrees to observe and comply with all of the obligations, standards, requirement, procedures, criteria and schedules set forth or referred to in Exhibit “D.”
(d) Notwithstanding anything to the contrary contained in this Section 5.2 Prior 7.03, Landlord shall not be responsible or liable to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shallits agents, at Tenant’s expenseservants, deliver to Landlord detailed plans and specificationsemployees, licensees or contractors, or their respective agents, servants, employees, licensees or contractors, for Tenant’s Workany loss or damage to the property of such parties occurring during the Term.
(e) Landlord agrees to provide Tenant and its agents and professionals access to the Demised Premises from and after the date hereof, in form reasonably satisfactory upon at least twenty-four (24) hours advanced notice to Landlord, preparedfor the sole purpose of taking measurements and for other design and/or construction related items, certified, signed provided that any individual entering the Demised Premises shall be accompanied by a representative of Landlord. Tenant shall use such entry to confirm the square footage of the Demised Premises. The parties acknowledge and sealed by an architect or engineer licensed to practice in agree that the State of New York, and suitable for filing with square footage shall be as set forth on the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain prepared by the architect engaged by Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and.
Appears in 2 contracts
Sources: Lease Agreement (Bankrate, Inc.), Lease Agreement (Bankrate Inc)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this leaseLandlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, Tenant shall including but not replace any fixtures in the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), limited to the Premisesprocurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the Real Propertyscope of the Tenant Improvements and shall be performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent which shall not be unreasonably withheld withheld. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delayed if delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any such interference of which Landlord has actual knowledge, but failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant’s 's contractors shall be subject to Landlord's prior written approval, and to the administrative supervision of the Contractor. Tenant's Work shall comply with all of the following requirements: (
a) is nonstructural, and (b) does Tenant's Work shall not proceed until Landlord has approved in writing: (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the PremisesTenant's contractors, (ii) affect any structural element proof of the Buildingamount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises complete and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, specifications for Tenant’s 's Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and.
Appears in 2 contracts
Sources: Lease Agreement (Vantive Corp), Lease Agreement (Vantive Corp)
Tenant’s Work. Section 5.1 Except as may Landlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, including but not limited to the procurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the scope of the Tenant Improvements and shall be expressly provided in this lease, performed by Tenant or its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior written approval. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not replace any fixtures to hinder or delay the operations of Landlord or the Contractor in the Premises Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall make all reasonable efforts to notify Tenant of any changessuch interference of which Landlord has actual knowledge, improvementsbut failure to provide such notice shall in no way limit Landlord's right to demand payment for such costs. Tenant's contractors shall be subject to Landlord's prior written approval, alterations or additions (collectively, “Tenant’s Work”), and to the Premises, administrative supervision of the Real Property, Contractor. Tenant's Work shall comply with all of the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work following requirements:
(a) is nonstructural, and (b) does Tenant's Work shall not proceed until Landlord has approved in writing: (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the PremisesTenant's contractors, (ii) affect any structural element proof of the Buildingamount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than two million dollars, and (iii) adversely affect any Building system, or complete and detailed plans and specifications for Tenant's Work.
(ivb) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s 's Work shall be performedperformed in conformity with a valid permit when required, at Tenant’s expense, with diligence when started so as a copy of which shall be furnished to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this leaseLandlord before such work is commenced. In any event, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s 's Work shall be fully paid for by Tenant when payment is due comply with all applicable laws, codes and shall not be financed with any conditional sales or title retention agreements or by the granting ordinances of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become governmental entity having jurisdiction over the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s WorkBuilding.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 2 contracts
Sources: Lease (Juniper Networks Inc), Lease Agreement (Juniper Networks Inc)
Tenant’s Work. Section 5.1 Except as may be expressly provided otherwise described in this leaseSection 10.4, Tenant shall not replace any fixtures in the Premises or make any changesinstallations, improvementsalterations, alterations additions or additions (collectively, “Tenant’s Work”), improvements in or to the Premises, including, without limitation, any apertures in the Real Propertywalls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord (i) which consent, as to installations, alterations, additions or improvements that do not affect the Building systemssystems or the structure of the Premises or Building, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if and (ii) which consent shall not be necessary as to cosmetic improvements (i.e., painting and carpeting) that does not cost more than $150,000 in any one instance. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications (except for cosmetic improvements) and a construction schedule therefor reasonably approved in advance by Landlord. Tenant shall procure, at Tenant’s Work (a) is nonstructuralsole expense, all necessary permits and (b) does not (i) affect licenses before undertaking any part of the Real Property outside work on the Premises (including the Building roof) or the exterior and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. Prior to commencing any work at the Premises, (ii) affect any structural element Tenant shall provide Landlord with a copy of the Buildingexecuted contract with the general contractor for such work. If requested by Landlord, (iii) adversely affect Tenant shall furnish to Landlord prior to the commencement of any Building system, such work a bond or (iv) require an amendment of other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the certificate of occupancy for approved plans and specifications. Tenant shall keep the Premises or the Building, ( c) is not visible outside the Premises at all times free of liens for labor and (d) is performed materials. Tenant shall employ for such work only by contractors and subcontractors first approved by Landlord (Landlord, which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installationwithheld, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies require all contractors employed by Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) carry worker’s compensation insurance in accordance with statutory requirements and commercial public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limit of $2,000,000 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all persons injury, loss, claims or damage to be employed in any person or property occasioned by or growing out of such work. Subject to compliance with the performance terms of any Tenant’s WorkSection 10.6 of this Lease, andLandlord may inspect the work of Tenant at reasonable times and give notice of observed defects.
Appears in 1 contract
Sources: Lease (Celldex Therapeutics, Inc.)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace any fixtures in the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructuralAll data and telecommunications wiring necessary to equip the Demised Premises for Tenant's occupancy shall be furnished and installed by Tenant. Tenant shall comply with the provisions this Lease in connection with any work which it performs pursuant to this Section. All such work shall be subject to coordination by Landlord and without disruption to service to other tenants or interference with the quiet enjoyment of other tenants. Tenant shall have access to the Demised Premises prior to the Commencement Date for purposes of completing such work; subject to a separate, and written, Early Entry License Agreement in the form attached hereto as Exhibit D.
(b) does not (i) affect any part of During the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions Term of this lease. Tenant’s Work shall be performedLease, at Tenant’s 's request, Landlord shall allow Tenant to locate and install, at Tenant's sole cost and expense, with diligence when started so as a generator for Tenant's own exclusive use. The exact location of the generator will be dependent upon specifications at the time the type and model of generator is identified by tenant and specifications provided to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. However, by way of example only, a possible location is that portion of the Land as indicated on Exhibit G, Generator Location, attached hereto. Installation of a generator is subject to obtaining any and all governmental approvals. Such generator shall be deemed the property of Landlord under the provisions of Section 14.01, below. Tenant shall be responsible to obtain any permits and approvals required in connection with said generator including the costs thereof, and all installation and related work shall be accomplished under the provisions of Article 13, below. At the time the generator is to be installed, Landlord will provide a site plan indicating the location of the generator pad based on specifications provided by Tenant
(c) As part of Tenant’s 's Work, Tenant shall soundproof be responsible, at Tenant's sole cost and expense, to plan, build and construct all alterations, installations, improvements and renovations to the Premises and install appropriate ventilation if required so that Tenant’s use manufacturing space of the Demised Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance full compliance with the provisions of this Article that Landlord relinquishes its rights thereto13, in which case Tenant shall be obligated to remove such Tenant’s Workbelow.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 1 contract
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace any fixtures in accept the Demised Premises or make any changes, improvements, alterations or additions (collectively, “"as is" on the date hereof and Landlord shall have no obligation whatsoever to prepare the Demised Premises for occupancy by Tenant’s Work”), . Any such work performed by Tenant shall be subject to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this leaseLease, including without limitation Articles 10 and 11. Landlord shall pay to Tenant’s Work , upon written request from time to time (but not more frequently than monthly) and pro rata as such work progresses, an amount equal to the cost thereof not in excess of $317,640 (hereinafter referred to as "Landlord's Construction Contribution"). Any unused balance of Landlord's Contribution plus an additional allowance in the amount of $21,176 (hereinafter referred to as "Landlord's Additional Allowance") may be applied to any other costs (including without limitation architectural, engineering, space planning and moving expenses) incurred by Tenant in relocating its business operations to the Demised Premises. The disbursement of any portion of Landlord's Construction Contribution or Landlord's Additional Allowance shall be performedmade within fifteen (15) days following the receipt by Landlord of invoices, at Tenant’s expensereceipts and other documentation evidencing to Landlord's reasonable satisfaction the costs on account of which such disbursement has been requested, with diligence when started so as to promptly complete it in a good well as releases and worker-like manner using new waivers of any mechanic's and other liens for any labor or materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (furnished as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof such work. Any portion of Landlord's Construction Contribution or Landlord's Additional Allowance not paid within fifteen (15) days from the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant date when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the foregoing provisions shall bear interest thereafter at a rate equal to one percent in excess of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated the so-called "prime rate" charged from time to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed time by an architect or engineer licensed to practice in the State First National Bank of New YorkBoston, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval may be deducted from installments of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andYearly Fixed Rent next becoming due hereunder.
Appears in 1 contract
Tenant’s Work. Section 5.1 Except as may be expressly provided As used in this leaseAgreement, Tenant shall not replace any fixtures in the Premises or make any changes, improvements, alterations or additions (collectively, term “Tenant’s Work”)” means that work that Tenant shall have the right to perform, to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it described in a good more detail and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans shown on the Working Drawings (as defined in Section 5.2) below), as modified by any change orders approved by Landlord. As part of Tenant’s WorkIn general terms, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on shall include all work required for Tenant to use and occupy the Premises as permitted by the Lease and as required by Applicable Laws. Tenant’s Plans is not construction of Tenant’s Work shall be at Tenant’s sold cost and expense, subject to the Construction Allowance described below. Tenant shall ensure that ▇▇▇▇▇▇’s Work complies with all Applicable Laws. Only new and high quality materials of a type consistent with Class A office space shall be unreasonably withheld or delayed used in Tenant’s Work. Tenant’s Work may be completed in phases. Tenant’s Work shall also be deemed to include, and Tenant shall be required to perform at its sole cost and expense (subject to the Construction Allowance) pursuant to this ArticleAgreement, all other work in the Premises, the Building, and/or at the Project that is: (i) triggered or necessitated under Applicable Laws by the work described in the Working Drawings (or any other work performed by Tenant), including, without limitation, all fire and life safety code compliance work and all work required to be performed pursuant to Applicable Laws relating to handicap access; and/or (ii) required in connection with the performance of the work described in the Working Drawings (or any other work performed by ▇▇▇▇▇▇) due to physical site conditions or engineering requirements. Before commencing As part of the Tenant’s Work, Tenant shall shall, subject to receipt of Landlord’s reasonable consent as to the specifications thereof, have the right to (a) obtain install communication conduit, (b) specify, purchase, and deliver to Landlord copies ofutilize its own cosmetic and/or decorative materials including, but not limited to, floor coverings, paint and wall covering, (c) all required permits and authorizations use floor cores that do not interfere with the structural integrity of any Authority for such workthe floor, and (bd) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, secure the Premises during and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andafter business hours.
Appears in 1 contract
Sources: Lease Agreement (GoPro, Inc.)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this leaseLandlord and Tenant acknowledge and agree that certain work required for Tenant's occupancy of the Leased Premises, Tenant shall including but not replace any fixtures in the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), limited to the Premisesprocurement and installation of furniture, fixtures, equipment, artwork and interior signage are beyond the Real Property, scope of the Building systems, Tenant Improvements and shall be performed by Tenant or any part thereof, without ▇▇▇▇▇▇▇▇’s its contractors at Tenant's sole cost and expense. All such work ("Tenant's Work") shall be subject to Landlord's prior consent. Landlord’s consent written approval which shall not be unreasonably withheld withheld. Tenant shall adopt a construction schedule for Tenant's Work in conformance with the Contractor's schedule, and shall perform Tenant's Work in such a way as not to hinder or delayed if delay the operations of Landlord or the Contractor in the Building. Any costs incurred by Landlord as a result of any interference with Landlord's operations by Tenant or its contractors shall be promptly paid by Tenant to Landlord upon demand. Landlord shall notify Tenant of any such interference of which Landlord has actual knowledge within twenty-four (24) hours. Tenant’s 's contractors shall be subject to Landlord's prior written approval which shall not be unreasonably withheld, and to the administrative supervision of the Contractor. Tenant's Work shall not constitute occupancy of the Leased Premises and shall comply with all of the following requirements:
(a) is nonstructural, and (b) does Tenant's Work shall not proceed until Landlord has approved in writing: (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the PremisesTenant's contractors, (ii) affect any structural element proof of the Buildingamount and coverage of public liability and property damage insurance carried by Tenant's contractors in the form of an endorsed insurance certificate naming Landlord, the Contractor, and the agents of Landlord and the Contractor as additional insureds, in an amount not less than One Million Dollars ($1,000,000.00), and (iii) adversely affect complete and detailed plans and specifications for Tenant's Work.
(b) Tenant's Work shall be performed in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any Building systemevent, or (iv) require an amendment all Tenant's Work shall comply with all applicable laws, codes and ordinances of any governmental entity having jurisdiction over the Building. Landlord shall have no responsibility for Tenant's failure to comply with such applicable laws. Any and all delay in obtaining a certificate of occupancy for due to Tenant's vendors is the Premises or the Building, ( responsibility of Tenant and shall be a Tenant Delay.
(c) is not visible outside In connection with Tenant's Work (e.g., delivering or installing furniture or equipment to the Premises second floor of the Leased Premises), Tenant or its contractors shall arrange for any necessary hoisting or elevator service with Landlord and shall pay such reasonable costs for such services as may be charged by Landlord.
(d) is performed only by contractors and subcontractors first approved Tenant shall promptly pay Landlord upon demand for any extra expense incurred by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such by reason of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for faulty work done by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements its contractors, by reason of damage to existing work caused by Tenant or its contractors, or by the granting reason of any security interests, liens, encumbrances inadequate cleanup by Tenant or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Workcontractors.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 1 contract
Tenant’s Work. Section 5.1 Except a. Tenant shall conform to and comply with all federal, state, county and local laws, ordinances, permits, rules and regulations in the performance of Tenant’s Work or in the performance of any alterations, additions or modifications.
b. Tenant’s Work shall be coordinated with Landlord’s Work as well as with the work of other tenants in the Shopping Center so that ▇▇▇▇▇▇’s Work shall not interfere with or delay completion of other construction in the Shopping Center.
c. In the event Tenant’s Work and Landlord’s Work shall progress simultaneously, Landlord shall not be liable for any injury to persons or damage to property of Tenant, or of Tenant’s employees, licensees or invitees from any cause whatsoever occurring upon or about the Leased Premises, and Tenant shall and will indemnify, defend and save Landlord harmless from any and all liability and claims arising out of or connected with any injury or damage. Tenant acknowledges that these provisions become effective beginning upon the date Tenant or its agents first enter the Leased Premises. This obligation to indemnify shall include reasonable attorneys’ fees and other reasonable costs, expenses and liabilities incurred by Landlord and its attorneys from the first notice that any claim or demand is to be made or may be expressly provided made.
d. Work performed by ▇▇▇▇▇▇ or ▇▇▇▇▇▇’s contractor shall be performed so as to avoid a labor dispute. If there is a labor dispute, ▇▇▇▇▇▇ shall immediately undertake whatever action may be necessary to eliminate the dispute including, but not limited to, (i) removing all disputants from the job site until the labor dispute is over, (ii) seeking an injunction in this leasethe event of a breach of contract action between Tenant and ▇▇▇▇▇▇’s contractor and (iii) filing appropriate unfair labor practice charges in the event of a union jurisdictional dispute. If, during the period of initial construction of the Leased Premises, any of Tenant’s employees, agents or contractors strike, or if picket lines or boycotts or other visible activities objectionable to Landlord are conducted or carried out against Tenant or its employees, agents or contractors, Tenant shall not replace any fixtures in immediately close the Leased Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), and remove all employees until the dispute giving rise to the Premisesstrike, the Real Propertypicket line, the Building systems, boycott or any part thereof, without objectionable activity has been settled to ▇▇▇▇▇▇▇▇’s satisfaction.
e. Tenant agrees that it will not, at any time prior consent. to or during this Lease, including the period of the performance of Tenant’s Work, either directly or indirectly employ or permit the employment of any contractor, or use any materials in the Leased Premises, if the use of the contractor or the materials would, in Landlord’s consent sole opinion, create a difficulty, strike or jurisdictional dispute with other contractors engaged by Tenant or Landlord or others, or would in any way disturb the construction, maintenance or operation of the Shopping Center. If any interference or conflict occurs, Tenant, upon demand by Landlord, shall not cause all contractors or all materials causing the interference, difficulty or conflict, to leave or be unreasonably withheld or delayed if removed from the Shopping Center immediately.
f. Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part shall be subject to inspection by Landlord during the course of construction for the purpose of determining the quality of the Real Property outside workmanship and adherence to Landlord requirements. Tenant shall require its contactor to cooperate with Landlord and correct any deficiencies noted by Landlord. All work performed by ▇▇▇▇▇▇ during the Premises (including the Building roof) or the exterior Term of the PremisesLease shall be performed in accordance with this Lease, (ii) affect any structural element of all exhibits thereto, the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises Tenant Design Manual and (d) is performed only as directed by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent representative.
g. All work by ▇▇▇▇▇▇, including repair work, shall not be required with respect performed in a first-class workmanlike manner and shall be in a good and usable condition at completion. Tenant shall require any person performing work to guarantee that the work is free from any and all defects in workmanship and materials for one (1) year from the date of completion. Tenant shall also require any such person to be responsible for the replacement or repair, without additional charge, of Tenant’s Work as are cosmetic alterations work done or furnished by or through such person which shall become defective within one (such as painting the interior 1) year after substantial completion of the Premiseswork. The correction of work shall include, carpetingwithout additional charge, all expenses and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies damages in connection with the other applicable provisions removal, replacement or repair of this leaseany part of work which may be damaged or disturbed. All warranties or guarantees for materials or workmanship on or regarding Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started contained in the contract or subcontract. The contract shall be written so as that all warranties and guarantees shall inure to promptly complete it in a good and worker-like manner using new materials the benefit of first class quality and in compliance with this lease, all Laws both Landlord and Tenant’s Plans (, as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Worktheir respective interests appear, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of either party can directly enforce the Premises shall not result in noise and/or odors being transmitted outside contract. Impossible Kicks – Grand Canal Shoppes – 2065 – Retail Lease 2/6/2023 (NL) (kb)
h. In the Premises. Tenant’s Work shall be fully paid for by event Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed contractor fails to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing perform Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations or any part of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andin a manner satisfactory to Landlord within 10 days after receipt of Landlord’s punch list, Landlord shall have the right, in addition to and not in lieu of Landlord’s other rights and remedies, to perform the work and Tenant shall pay Landlord for costs incurred by Landlord in such performance.
Appears in 1 contract
Tenant’s Work. Section 5.1 Except (1) Once the Plans have been approved by Landlord, Tenant, at its sole cost and expense (subject to Landlord’s Contribution), shall promptly, and with all due diligence, perform Tenant’s Work as may be expressly provided set forth on the Plans, and, in this leaseconnection therewith, Tenant shall not replace any fixtures in the Premises or make any changes, improvements, alterations or additions (collectively, “obtain all necessary governmental permits and approvals for Tenant’s Work”. All of Tenant’s Work shall be performed in accordance with: (i) the Plans, (ii) applicable Legal Requirements and Insurance Requirements, and (iii) the provisions of the Lease; provided however, that Tenant shall not be required to cause its contractors performing the initial Tenant’s Work to obtain a payment bond (as otherwise would have been required pursuant to Section 9.3 of the Lease). Subject to Section 5E hereof, Tenant shall have Tenant’s Work performed by contractors licensed in the Commonwealth of Massachusetts and reasonably approved by Landlord, which contractors shall provide to Landlord such insurance as required by the Lease. Landlord shall have the right, in accordance with Section 20 hereof, to provide such reasonable rules and regulations relative to the Premisesperformance of Tenant’s Work and any other work which the Tenant may perform under the Lease, and Tenant shall abide by all such rules and regulations and shall cause all of its contractors to so abide, including, without limitation, payment for the Real Propertycosts of using Building services.
(2) Tenant shall prepare and submit to Landlord promptly after Tenant’s Work is substantially complete a set of as-built plans in both print and electronic forms showing the work performed by Tenant to the Premises including, without limitation, any wiring or cabling installed by Tenant or Tenant Contractor for Tenant’s computer, telephone and other communication systems.
(3) All of Tenant’s Work shall be coordinated with any work being performed by or for Landlord at the Building systems, Property and in such manner as to maintain harmonious labor relations. Each party may inspect the work of the other at reasonable times and shall promptly give notice of observed defects. Each party authorizes the other to rely in connection with design and construction upon approval and other actions on the party’s behalf by any construction representative of each of Landlord and Tenant or any part thereofperson hereafter designated in substitution or addition by notice to the party relying. As of the date hereof, without Landlord’s construction representative shall be ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural▇▇, having a telephone number of ▇▇▇-▇▇▇-▇▇▇▇ and (b) does not (i) affect any part an e-mail address of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. @▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇.▇▇▇, and Tenant’s consent to construction representative shall be ▇▇▇▇▇ ▇▇▇▇▇▇, having a telephone number of ▇▇▇-▇▇▇-▇▇▇▇ and an e-mail address of ▇▇▇▇▇▇▇@▇▇▇.▇▇▇. Tenant acknowledges that Tenant is acting for its own benefit and account and that Tenant will not be acting as Landlord’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (agent in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of performing any Tenant’s Work, andaccordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any work.
Appears in 1 contract
Sources: Lease (Parametric Technology Corp)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, A. Tenant shall not replace any fixtures in the Premises or make any changes, improvements, alterations or additions (collectively, “will do and perform at its expense all Tenant’s Work”). Without limiting the foregoing, to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performedinclude data wiring, at Tenant’s expenseacquisition and installation of Liebert-type specialized air conditioning and power back-up and power conditioning equipment, with diligence when started so as to promptly complete it acquisition and installation of any specialized fire suppression systems (i.e. FM 200), acquisition and installation of all workstations including final electrical connections thereto and any specialized electrical work required in a good the manufacturing and worker-like manner using new materials of first class quality and in compliance with this leasedata areas shown on the Initial Plans. In addition, all Laws office furniture and Tenant’s equipment shown on the Initial Plans (as defined in Section 5.2) as approved by Landlordare for illustration purposes only. As part of Before doing any Tenant’s Work, Tenant must receive prior written permission from Landlord. No work performed by Tenant is in lieu of current rent or an advance rental payment Tenant’s construction will comply in all respects with applicable federal, state, county, and local statutes, ordinances, regulations, laws, and codes. Tenant will be responsible for all necessary permits and approvals required to pursue Tenant’s Work. Tenant’s Work will not hinder or interfere with the conducting of business by other tenants. Tenant’s contractor or subcontractors will not at any time damage, injure, interfere with or delay any other construction within the Building.
1. Access may be had by Tenant to the Common Areas and to the Premises at any time between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, legal holidays excepted. At other times access to the Building may be refused unless the person seeking admission has an access card. Tenant shall soundproof be responsible for all persons for whom Tenant requests passes or access cards and shall be liable to Landlord for all acts of such persons. Landlord shall in no case be liable for damages for the admission or exclusion of any person from the Building. Subject to Landlord’s security system, Tenant shall have access to the Building garage and Premises 24 hours/day, 7 days/week.
2. Upon the Commencement Date, Landlord will furnish, at Landlord’s cost, Tenant’s then current employees with keys and/or access cards to the main Building entry doors and to Tenant’s Premises. Thereafter, Landlord will make a reasonable charge for any additional keys and/or access cards. Tenant will not have such keys duplicated. Tenant will not alter any lock, install a new or additional lock or any bolt on any door of its Premises without prior written consent of Landlord. Upon Termination of this Lease, Tenant will deliver to Landlord all keys and/or access cards to doors in the Building and Premises.
3. Sidewalks, doorways, vestibules, halls, stairways and similar areas will not be unreasonably obstructed by Tenant or used for any purpose other than ingress or egress to and from the Premises and install appropriate ventilation if required so that Tenant’s use for going from one to another part of the Building. Except as otherwise provided in the Lease, Tenant will not enter the mechanical rooms, air conditioning rooms, electrical closets, janitorial closets, or similar areas outside of the Premises shall not result or go upon the roof of the Building without the prior written consent of Landlord.
4. Landlord will provide and install, at Landlord’s cost, all letters or numerals on entrance doors to the Premises; all such letters and numerals will be in noise and/or odors being transmitted the building standard graphics, and no others will be used or permitted on the exterior of, or which may be visible from outside the Premises. Said graphics/signs may be updated or changed from time to time at Landlord’s discretion.
5. Landlord in conspicuous places in the Building will place directories. No other directories will be permitted unless previously consented to by Landlord in writing. Landlord reserves the right to restrict the amount of directory space utilized by Tenant. Directory strips displaying the names and location of Tenant’s Work company, officers or employees must be ordered through Landlord at Landlord’s sole cost. The cost of resigning after Tenant’s initial occupancy shall be fully paid borne by Tenant.
6. No signs, advertisements or notices will be painted or affixed on or to any windows or doors, or other part of the Building, or that are visible from the exterior of the Building, except of such color, size and style and in such places as will be first approved in writing by Landlord.
7. Landlord will have the power to prescribe the weight and position of iron safes, bookshelves, or other heavy equipment, which will in all cases, to distribute weight, stand on plank strips at least two inches thick. All damage done to the Building by taking in or putting out any property of a Tenant, or done by Tenant’s property while in the Building, will be repaired at the expense of Tenant.
8. Tenant will notify the Building manager when safes, furniture or other heavy equipment are to be taken in or out of the Building, and the moving will be done under the supervision of the Building Manager, after written permit from Landlord. Persons employed to move such property must be approved by Landlord.
9. No furniture, packages, or bulky material of any kind will be received in the Building or carried up or down stairs or in the elevators, except in the manner and at the times specified by Landlord. Tenant will not use in the delivery, receipt, or other movement of supplies and personal property, any hand trucks or carts other than those equipped with rubber tires and side guards.
10. Corridor doors, when not in use, will be kept closed.
11. Except as otherwise provided in the Lease, Tenant will not conduct mechanical or manufacturing operations, ▇▇▇▇ or prepare food (except microwave cooking for the benefit of Tenant’s employees), or place or use any inflammable, combustible, explosive or hazardous fluid, chemical, device, substance or material in or about the Building without prior written consent of Landlord. Tenant will comply with all rules, orders, regulations, and requirements of the applicable Fire Rating Bureau, or other similar body.
12. Electric space heaters will not be used without Landlord’s prior written permission.
13. No flashing lights or search lights, loud speakers, television sets, phonographs, radios or other devices will be used in a manner so as to be heard or seen outside of the Premises without the prior written consent of Landlord.
14. Tenant will not make or permit any improper noise, cause disturbances, or create odors in the Building, or otherwise unreasonably interfere in any way with other tenants, or persons having business with them.
15. Tenant will cooperate with Landlord’s employees in keeping Premises neat and clean.
16. Nothing will be swept or thrown into the corridors, halls, elevators shafts or stairways. No birds or animals will be brought into or kept in or about the Building, other than animals assisting disabled persons.
17. No machinery other than standard office machines such as typewriters, calculators, copying machines, personal computers, and similar machines will be operated on Premises without the prior written consent of Landlord.
18. Tenant will not place anything, including but not limited to furniture, fixtures, equipment, merchandise displays, decorations, advertisements and signs, in any of the Common Areas of the Building or the sidewalks adjacent thereto, without prior written approval of Landlord.
19. Tenant will not in or on any part of the Common Areas: a) vend or solicit orders for sale or distribution of any merchandise, service periodical, book, pamphlet or other material; b) distribute any circular, handbill, placard, or other material; c) solicit membership in any organization or group or contribution for any purpose; d) create a nuisance or hazard; e) discard refuse, except in designated receptacles; or f) damage any sign, lighting fixture, landscaping material, other improvements, property of customers, or property of others within the Building.
20. The plumbing facilities will not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind will be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision will be borne by Tenant when payment is due and shall who will, or whose employees, agents or invitees will have caused it.
21. Bicycles or other vehicles will not be financed with any conditional sales permitted in the offices, halls, or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration corridors of the Term (Building, nor will any obstruction of sidewalks or entrances of the sooner termination Building by such be permitted.
22. Without limitation upon any of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic AlterationsLease, Tenant shallwill refer all contractor representatives, at Tenant’s expenseinstallation technicians, deliver janitorial workers and other mechanics, artisans, and laborers rendering any service in connection with the repair, maintenance, or improvement of the Building to Landlord detailed plans for Landlord’s supervision, approval, and specifications, for Tenant’s Work, in form reasonably satisfactory control before performance of any such service. This will apply to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice all work performed in the State Building, including without limitation, installation of New Yorktelephones, computers, electrical, and suitable for filing with electronic devices of any kind and attachments and installations of any nature affecting floors, walls, woodwork, trim, windows, ceilings, equipment, or any other portion of the applicable Authority, if filing is required by applicable Laws (such plans Building. Plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, prepared at Tenant’s sole expense, will be submitted to Landlord and will be subject to Landlord’s prior written approval in each instance before the commencement of work. No blinds, shades, curtains, draperies or similar items visible from the exterior of the Building (other than Landlord’s Building Standard mini-blinds) shall be installed without Landlord’s prior written consent. So long as this Lease remains in effect and Tenant is not in an Event of Default hereunder, Tenant will have a non-exclusive license to use up to 12 parking spaces located in the Building in consideration for Tenant’s payment of $115.00 per month which will be due and payable as Additional Rent at the same time as are Tenant’s monthly installments of Base Rent. This non-exclusive license will commence on the date on which Tenant’s rental obligation under the Lease commences, and will terminate upon the Lease Expiration Date (as extended). The monthly payment hereunder will be increased on each Escalation Date by three percent (3%). Upon not less than 30 days notice, Landlord may alter the number of parking spaces which Tenant will have the right to use, provided that the number of spaces provided to Tenant will not be diminished below that number of the parking spaces set forth above and the monthly payment hereunder will not be increased. Landlord reserves the right to specifically assign and reassign from time to time any or all of said parking spaces among the tenants of the Building in any manner in which Landlord determines in its sole discretion and Tenant will, upon not less than 10 days notice from Landlord, furnish Landlord with the state automobile license number assigned to its automobile or automobiles and the automobiles of all of its employees and representatives employed or working in the Premises and Tenant agrees to comply with such other request as Landlord may make in Landlord’s enforcement of any parking control program. Notwithstanding the existence of any such control, Landlord will not be responsible to Tenant, its employees, agents, representatives, customers or invitees for any violation of any parking control program implemented by Landlord. Landlord will maintain up to thirty (30) visitor parking stalls in the Building charging market rates for such hourly visitor parking. Tenant shall be responsible for validating its own visitors’ use of the metered parking according to the policies and procuedures set forth by Landlord and applied consistently to all tenants of the Building and shall be responsible for reimbursing Landlord for such costs as Additional Rent hererunder. The provisions of this Exhibit supplement and are specifically subject to all provisions of the Lease. Monday-Friday Vacuum carpets Dust mop hard surface floors Empty wastebaskets, clean and install liners as needed Clean and polish water fountains Dust and spot clean conference room tables Lock all doors to secure building and set alarm (if used) Weekly Spot wash hallway walls Dust desktops, tabletops, credenzas, file cabinets and other Office furniture (desks will be dusted only if cleared) Dust windowsills, baseboards, ledges and moldings Monthly High level dusting Spot wash interior walls Vacuum air conditioning vents Edge vacuum carpet borders and difficult to vacuum areas Clean sidelight windows Semi-Annual Scrub and wax hard surface floors (if required) Wash exterior windows As Needed Remove all recyclables in compliance with applicable law LAVORATORIES Monday-Friday Empty waste receptacles Clean and polish mirrors and fixtures Service and refill all dispensers (soap, tissues, towels) Clean and disinfect urinals, commodes and basins Wet mop floors with disinfectant Monthly Clean all partitions and ceramic tile walls Scrub and wax hard surface floors (if required) ENTRYWAYS & HALLWAYS Monday-Friday Clean all door glass Spot wash walls, as needed Remove all trash Clean and polish any water fountains Vacuum all carpet Remove stains in carpet THIS NON-DISTURBANCE AGREEMENT (“Agreement”), made as of the day of , 2003, by and among Twentieth Century Markets, Inc. (“Ground Lessor”), U.S. Bank, N.A. (“Mortgagee”) and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any “Tenant’s Work, and”).
Appears in 1 contract
Sources: Lease Agreement (Sonic Foundry Inc)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this leaseAll finishing work, Tenant shall equipment installation, cabling, and interior wall finish for the offices, or other work (the "Tenant's Work") desired by Tenant, if any, and not replace any fixtures initially or thereafter included in the Premises or make any changesImprovements, improvementsshall be performed by Tenant, alterations or additions (collectivelyat Tenant's expense, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, through contractors selected by Tenant and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (Landlord, which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant delayed; provided that Landlord's approval shall not be required for contractor's or subcontractors who provide materials or labor the aggregate cost of which is estimated not to this Articleexceed $25,000. Before commencing Tenant’s Work, Landlord and Tenant shall (a) obtain (each cause their respective general contractor and/or subcontractors for the Improvements and deliver Tenant's Work to cooperate with each other in facilitating the mutual access to the Leased Premises and in coordinating the timing of the stages of the Improvements and the Tenant's Work so as to facilitate the completion on a timely basis. To the extent reasonably possible and without having to incur additional expense, Landlord copies of) all required permits shall, prior to Substantial Completion, provide Tenant with access to the Leased Premises and authorizations of any Authority storage space at the site for such workTenant's equipment, trade fixtures, and (b) deliver other property in connection with Tenant's Work and shall furnish water, electricity and HVAC to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in Leased Premises during the performance of any Tenant’s Work's Work to the extent the same are then available at the Leased Premises; provided that, andTenant shall reimburse Landlord or Contractor, as applicable, within fifteen (15) days after written demand, for the cost of any such utility services used by Tenant determined by Contractor and agreed to by Tenant, such not to be unreasonably withheld, to be in excess of that which would otherwise have been used by Contractor, or its subcontractors, in the course of constructing the Improvements. The EXHIBIT 10.43 performance by Tenant of Tenant's Work prior to the Commencement Date shall be subject to all of the terms and conditions of Article 10 hereof.
Appears in 1 contract
Tenant’s Work. Section 5.1 Except All work not expressly designated herein as may Landlord’s Work shall be expressly provided in this lease, performed by Tenant shall not replace any fixtures in the Premises or make any changes, improvements, alterations or additions (collectively, hereinafter called “Tenant’s Work”)) including, to the Premisesbut not limited to, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if all work designated as Tenant’s Work (a) is nonstructuralin Exhibit “B”, and (b) does not (i) affect any part of Tenant shall do and perform at Tenant’s expense all Tenant’s Work diligently and promptly and in accordance with the Real Property outside following provisions. Notwithstanding anything to the Premises (including the Building roof) or the exterior of the Premisescontrary contained herein, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises each and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such every aspect of Tenant’s Work as are cosmetic alterations (such as painting shall be subject to the interior prior written approval of the Premises, carpeting, Landlord and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies shall be in accordance with the standards of a first class resort/hotel facility. Without limiting the immediately preceding sentence, Tenant hereby represents and warrants to Landlord that the construction budget for Tenant’s Work, not including the costs of inventory, payroll, training or any other applicable provisions of this leaseancillary start-up costs, is at least Twelve Million Dollars ($12,000,000.00). However, if Tenant is able (while still complying in all respects with the minimum standards and requirements contained herein, in Landlord’s reasonable judgment) to complete Tenant’s Work for less than the minimum construction budget amount provided for in the immediately preceding sentence, then Landlord shall consent to such lower, actual amount for Tenant’s Work. Tenant’s Work shall be performedat all times comply with all applicable laws, at ordinances, rules and regulations including, but not limited to, OSHA and the ADA. Tenant shall not contract with any contractors or subcontractors, and Tenant’s expensecontractors and subcontractors may not perform any work on the Premises or the Hotel Complex, with diligence when started so as unless and until (a) a background investigation of each such contractor and subcontractor has been completed by Landlord’s corporate security department and the results thereof are satisfactory to promptly complete it Landlord and (b) Landlord has, in a good Landlord’s reasonable discretion, approved each such contractor and worker-like manner using new materials of first class quality subcontractor. Notwithstanding the foregoing, though, Tenant may only use union signatory contractors and subcontractors (and, if applicable, Tenant must ensure that Tenant’s union signatory contractors and subcontractors only use union signatory contractors and subcontractors), who are in compliance with this leasetheir respective collective bargaining/union agreements, all Laws and Tenant’s Plans to perform work at the Hotel Complex (either as defined in Section 5.2) as approved by Landlord. As part of Tenant’s WorkWork or otherwise). Further, and in addition to any other indemnity obligation contained herein, Tenant shall soundproof the Premises hereby covenants and install appropriate ventilation if required so that agrees to indemnify, defend, save, and hold Landlord, and Landlord’s parent company, subsidiaries and affiliates, and their officers, directors, shareholders and employees, free, clear and harmless from, and against, any and all liabilities, losses, costs, expenses (including reasonable attorney’s fees), judgments, claims, liens, fines, penalties, and demands of any kind whatsoever caused by or resulting from Tenant’s use of any particular contractor or subcontractor, or their use of any particular contractor or subcontractor, for any work in connection with the Premises (whether part of Tenant’s Work or otherwise) regardless of whether Landlord approved of such contractor or subcontractor pursuant to this Section. Tenant shall not result in noise at all times provide to Landlord a complete and accurate list of all contractors and subcontractors performing work at the Hotel Complex on behalf of Tenant and/or odors being transmitted outside the PremisesTenant’s contractors and/or subcontractors. In addition, Tenant’s Work shall at all times be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease conducted in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval Contractor Work Standards, a copy of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans which is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security attached hereto as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andExhibit “H”.
Appears in 1 contract
Sources: Lease (Premier Exhibitions, Inc.)
Tenant’s Work. Section 5.1 Except Tenant, at its sole cost and expense, shall perform all work (other than Landlord’s Work) in accordance with the terms of this Rider as may be expressly provided required to put the Additional Premises in a condition to permit the conduct of Tenant’s business therein and in accordance with the requirements of this lease, Tenant shall not replace any fixtures Lease.
A. When Landlord’s Work has proceeded to the point where the work described in the Working Drawings to be performed by Tenant and the installation of Tenant’s trade fixtures and equipment in the Additional Premises or make any changes, improvements, alterations or additions (collectively, collectively “Tenant’s Work”) can, in the opinion of Landlord, be commenced in accordance with good construction practice, Landlord shall notify Tenant to that effect. After such notice, Tenant shall have the right to occupy the Additional Premises for the purpose of performing Tenant’s Work so far as its occupancy is not consistent with Landlord’s Work or any work to be done in the Building by Landlord, subject to all the terms and condition of the Lease and the attached Amendment, except that the payment of Rent by Tenant for the Additional Premises shall not commence until the Additional Premises Commencement Date (as defined below), . All work by ‘tenant shall be performed in accordance with and be subject to the terms and conditions of Article 10 of the Lease.
B. Tenant acknowledges that entry onto the Additional Premises when the Landlord’s Work is not Substantially Complete entails a risk of personal injury, death, or damage, destruction, loss or misappropriation of property. To the extent expressly prohibited by law, Tenant hereby assumes all such risks for entry onto the Additional Premises, the Real Propertyarid agrees to defend and hold harmless Landlord (its agents, the Building systemscontractors, employees and any lessor under any ground or underlying lease) against all costs and expenses, including reasonable attorneys’ fees in connection therewith, arising out of any personal injury, death, or any part thereofdamage, without ▇▇▇▇▇▇▇▇’s destruction, loss or misappropriation of property related to entry onto the Additional Premises by Tenant or its agents, employees, contractors. invitees or subtenants prior consent. to such time as the Landlord’s consent Work is Substantially Complete, except to the extent such costs or expenses arise out of the negligence or willful misconduct of Landlord, its employees, agents or representatives (it being expressly understood that for purposes of this Lease, Landlords contractors, subcontractors and their employees shall not be unreasonably withheld considered employees, agents or delayed if representatives of Landlord).
C. Tenant shall be solely responsible to determine at the site all dimensions of the Additional Premises and the Building that affect any work to be performed by Tenant hereunder.
D. Neither review nor approval by Landlord of any plans or specifications for Tenant’s Work (a) is nonstructural, and (b) does not or any other work to be performed by Tenant shall constitute a representation or warranty by Landlord that any of such plans or specifications either (i) affect any part of the Real Property outside the Premises (including the Building roof) are complete or the exterior of the Premisessuitable for their intended purpose, or (ii) affect comply with applicable laws, ordinances, codes and regulations, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or to any structural element of the Buildingother person or entity for such completeness, (iii) adversely affect any Building systemsuitability, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first compliance.
E. Once approved by Landlord (which approval Landlord, Tenant shall not be unreasonably withheld make any changes, modifications or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect additions to such of the plans and specifications submitted to Landlord for Tenant’s Work as are cosmetic alterations (such as painting or any other Leasehold Improvements without the interior prior written consent of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 1 contract
Sources: Office Lease Agreement
Tenant’s Work. Section 5.1 Except as Tenant may be expressly provided in this lease, Tenant shall not replace any fixtures in enter into occupancy of the Premises or make immediately after execution of this Lease, and prior to the completion of Landlord’s Work. If there is any changes, improvements, alterations or additions work to be performed by Tenant (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Tenant shall coordinate that work with Landlord’s consent Work, and each party shall make reasonable efforts to not be unreasonably withheld or delayed if interfere with the work of the other party. Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first set forth in Exhibit E hereto has been approved by Landlord. Tenant’s Work not set forth in Exhibit E shall require the written approval of Landlord (prior to the commencement of such work, which approval shall not be unreasonably withheld or delayed. All of Tenant's Work and the installation of equipment shall: (a) at all times comply with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental authorities, agencies, offices, departments, bureaus and boards having jurisdiction thereof and of the applicable insurance rating bureau; (b) be performed in compliance therewith and with the plans and specifications previously reasonably approved by Landlord and in good and first class workmanlike manner; (c) be performed in such manner as not to impose any additional expense upon Landlord in the construction, maintenance or operation of the Building, or, if additional expense is incurred by Landlord as a result of the construction of the addition to the Building, such additional expense shall be paid by Tenant to Landlord twenty-five percent (25%) at construction commencement, fifty percent (50%) at the half-way point of such construction, and twenty-five percent (25%) within thirty (30) days after substantial completion; (d) be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not cause any work stoppage or damage to the Building or interfere with Building construction or operation; and (e) be performed by contractors or workers first reasonably approved by Landlord. With respect to all Tenant’s Work, Tenant further agrees as follows: Tenant’s Work shall commence only after all required municipal and other governmental permits and authorizations have been obtained (the Landlord agrees to join in any application and/or proceedings therefor and reasonably cooperate with Tenant). ▇▇▇▇▇▇▇▇, at Tenant’s consent expense whenever necessary, and all such work shall not be required done in compliance with any applicable building and zoning laws and with all applicable other laws, ordinances, regulations and requirements of all federal including the Americans With Disabilities Act (“ADA”), state and municipal agencies, and in accordance with any applicable requirements and policies issued by any insurer of Tenant with respect to such the amount and type of insurance to be carried with respect to Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Work; that Tenant’s Work shall be performed, prosecuted with reasonable dispatch to completion; that at all times when Tenant’s expenseWork is in progress, with diligence when started so Tenant shall maintain or cause to be maintained adequate worker’s compensation insurance as to promptly complete it required by law for those employed in a good connection therewith and worker-like manner using new materials commercial general liability or builder’s risk insurance (for mutual benefit of first class quality Tenant and Landlord) in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as coverages reasonably approved by Landlord. As part Tenant shall not permit any mechanics’ liens, or similar liens, to remain upon the Premises for labor and materials furnished to Tenant or claimed to have been furnished to Tenant in connection with Tenant’s Work of any character performed or claimed to have been performed at the direction of Tenant, and shall cause any such lien to be released of record or sufficiently bonded off within thirty (30) days without cost to Landlord. To that end, Tenant shall, upon completion of Tenant’s Work, certify to Landlord upon written request that all contractors, subcontractors and other independent contractors have been paid in full, except as to those contractors, subcontractors and other independent contractors with whom Tenant has a bona fide dispute. In the event Tenant has a bona fide dispute with any such contractor, subcontractor or independent contractor, Tenant shall soundproof notify Landlord of the identity of such contractor and the amount of the bona fide dispute, but Tenant shall not be relieved of its obligation not to permit any mechanics’ liens, or similar liens, to remain upon the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with to cause any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, such lien to be improvements and betterments that become the property released of Landlord at installationrecord or sufficiently bonded within thirty (30) days, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of all as set forth in this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s WorkSection 3.03.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 1 contract
Sources: Lease Agreement (Arbios Systems Inc)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace any fixtures in the Premises or make any changesinstallations, improvementsalterations, alterations additions or additions (collectively, “Tenant’s Work”), improvements in or to the Premises, the Real Property, the Building systems, or any part thereofincluding, without ▇▇▇▇▇▇▇▇’s limitation, any apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior consentwritten consent of Landlord. Landlord will not unreasonably withhold or delay its consent to non-structural, non-mechanical and non-electrical alterations or improvements to the Premises. Any such work so consented to by Landlord shall be performed only in accordance with plans and specifications therefor reasonably approved by Landlord’s consent . Tenant shall not be unreasonably withheld or delayed if procure at Tenant’s Work (a) is nonstructural, sole expense all necessary permits and (b) does not (i) affect licenses before undertaking any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside work on the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to perform all such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it work in a good and worker-like workmanlike manner using new employing materials of first class good quality and in compliance so as to conform with this leaseall applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all Laws and Tenant’s Plans (as defined in Section 5.2) as approved applicable insurance requirements. If requested by Landlord. As part of Tenant’s Work, Tenant shall soundproof furnish to Landlord prior to the Premises and install appropriate ventilation if required so commencement of any such work a bond or other security acceptable to Landlord assuring that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for any work by Tenant when payment is due and shall not will be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant completed in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed approved plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (keep the Premises at all times free of liens for labor and deliver to Landlord copies of) all required permits and authorizations of any Authority materials. Tenant shall employ for such work, work only contractors approved by Landlord and (b) deliver shall require all contractors employed by Tenant to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) carry worker’s compensation insurance in accordance with statutory requirements and comprehensive general liability insurance covering such contractors, and naming Landlord and Tenant as additional insureds, on or about the Premises in amounts at least equal to the limits set forth in Section 1 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all persons injury, loss, claims or damage to be employed any person or property occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonable times and give notice of observed defects. For the avoidance of doubt Landlord understands that GTC anticipates establishing a laboratory facility in the performance Laboratory Space which may include, but not be limited to the use of any Tenant’s Workvery small quantities of radioactive material under all applicable laws, andincluding, without limitation, all applicable Environmental Laws (e.g. obtaining a Radiation Use Certificate) and in consideration of the issues set forth in Exhibit I of this Agreement.
Appears in 1 contract
Tenant’s Work. Section 5.1 SECTION 12.01. Subject to Landlord's obligations under Article XI, Tenant agrees to accept the Demised Premises in an "AS IS" condition as of the Commencement Date without any representations or warranties on the part of Landlord. Except as may be expressly otherwise specifically provided in this leaseLease, Landlord has not made any representations or warranties of any kind to Tenant. No representations or warranties of any kind made by anyone, including without limitation, any real estate broker or agent, shall be binding upon Landlord unless expressly set forth in this Lease. Tenant may, at any time and from time to time, alter, expand, demolish, restore, modify or change any such improvements in whole or in part provided that Tenant shall first obtain Landlord's written approval, which approval shall not replace any fixtures in unreasonably be withheld. Tenant's improvements on the Premises must have a value substantially equivalent to or greater than the improvements which were originally approved by Landlord. All work done which is required to be performed to permit Tenant's occupancy and use of the Demised Premises for the Permitted Use shall be performed by Tenant, at its sole expense, and Landlord shall not be required to perform or to bear any of the expenses for such work. All of such work shall be performed in a diligent manner.
SECTION 12.02. Any Tenant's Work made shall remain on and be surrendered with the Demised Premises on expiration or termination of the Term.
SECTION 12.03. Tenant shall have no power to do any act or make any changescontract which may create or be the foundation for any lien, improvements, alterations mortgage or additions (collectively, “Tenant’s Work”), to other encumbrance upon the Premises, estate of Landlord in the Real Property, the Building systemsBuilding, or any part thereof. All Tenant's Work, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent repairs, materials and labor shall not be unreasonably withheld or delayed if done at Tenant’s Work (a) is nonstructural's sole expense, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the PremisesTenant shall be solely and wholly responsible to contractors, (ii) affect any structural element of the Buildinglaborers and materialmen and such contractors, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy laborers and materialmen are hereby charged with notice that they must look solely and wholly to Tenant for the Premises or payment of any bills for work done and materials furnished. Landlord reserves the Buildingright, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect before approving any Tenant's Work, to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided require Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete furnish it in a good and worker-like manner using new materials sufficient bond to secure Tenant's liability for payment, for Tenant's Work.
SECTION 12.04. Tenant shall procure and maintain an adequate workmen's compensation insurance policy and such additional insurance policies as Landlord shall reasonably request to insure against losses, damages or claims arising out of first class quality and in compliance with this lease, all Laws and or from Tenant’s Plans (as defined in Section 5.2) as approved by Landlord's Work. As part Prior to the commencement of such Tenant’s 's Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specificationseach policy, for Tenant’s Workor a certificate evidencing such policy, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval evidence of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval payment of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not premiums for all policies of insurance required to be unreasonably withheld or delayed maintained by Tenant pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andSection 12.06.
Appears in 1 contract
Sources: Lease (Yardville National Bancorp)
Tenant’s Work. (i) All work not within the scope of the Approved Construction Documents, including without limitation delivery, furnishing and installation of: (A) telephone or other communications lines, cables and equipment; (B) computer or office equipment and the cabling associated with same; (C) furniture or fixtures of the Tenant; and (D) security equipment, shall be considered "Tenant's Work" and shall be furnished and installed by Tenant at Tenant's expense.
(ii) Tenant and its agents shall have the right, at Tenant's own risk, expense and responsibility, subject to the terms of Section 5.1 Except 3(d) hereof, to enter the Building: (i) not later than February 15, 2001 (or earlier if the Building is completed to the extent necessary to permit such entry), for the purpose of furnishing and installing telephone, computer or other communications lines and cables and (ii) not less than twenty (20) days prior to the Delivery Date for the purpose of installing its fixtures and equipment (the construction of the Building shall have reasonably progressed toward Substantial Completion such that the Tenant may reasonably initiate such installations and such construction shall continue reasonably so as may to permit Tenant's completion of such installations); provided the Tenant does not interfere with or delay the work to be expressly provided in performed by Landlord, Tenant uses contractors and workers compatible with the contractors and workers engaged by Landlord, and Tenant obtains Landlord's prior written consent and. if such entry is prior to the Commencement Date, such entry shall be subject to all the terms and conditions of this lease, except the payment of Rent. Further, Tenant's Work shall be subject to the following conditions:
(1) At least ten (10) days prior to commencement of Tenant's Work, Tenant shall not replace any fixtures in deliver to Landlord a certificate of insurance for each of Tenant's contractors evidencing adequate insurance coverage naming Landlord and Landlord's agent as additional insureds.
(2) In addition to the right of Landlord and its Agents to inspect the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions set forth in Section 11 of this lease. , Landlord and its Agents shall have the right to conduct a walk-through inspection of the Premises as completed by Tenant’s Work .
(3) The warranties from Tenant's contractor(s) shall be performed, at Tenant’s expense, with diligence when started so for the benefit of Landlord as well as Tenant and Tenant shall deliver such warranties to promptly complete it Landlord upon receipt.
(4) All construction shall be done in a good and worker-like workmanlike manner using new materials and shall comply at the time of first class quality and in compliance completion with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by LandlordRequirements. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) of all required certificates of occupancy, permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons licenses required to be employed issued by any authority in the performance of any connection with Tenant’s Work, and's construction.
Appears in 1 contract
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace any fixtures in With the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part exception of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work items specifically enumerated in Exhibit B as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s 's Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s 's expense, deliver to Landlord detailed plans perform all work and specificationssupply all installations described in Exhibit C ("Tenant's Work") and shall fully equip the Premises with all trade fixtures, furniture, furnishings, special equipment and other items necessary for the completion of the Premises and the proper and efficient operation of Tenant’s Work, 's business in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing accordance with the applicable Authority, if filing is required by applicable Laws (such Tenant's plans and specifications together with revisions theretoas approved by Landlord. All materials, collectivelyfixtures and furnishings installed by Tenant shall be of first class quality, “fully paid for by Tenant and shall conform to the general design and character of the Office Building. Tenant shall not undertake any of Tenant’s Plans”)'s Work or fixture, furnish or decorate the Premises without Landlord's prior written consent to plans and specifications therefor, a complete set of which shall be submitted to Landlord for review, approval and initialing. Thereafter, no changes shall be made in Tenant's plans and specifications without the written consent of Landlord. Commencing upon execution hereof, Tenant may have access to the Premises for completion of Tenant's Work, and obtain Landlord’s thereafter shall diligently complete its construction in a good and workmanlike manner as provided in accordance with all applicable federal, state and municipal regulations. Tenant shall do nothing to create any work stoppage, picketing or other labor disruption. Landlord reserves the right to approve Tenant's general contractor and subcontractors, and such approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed constitute a waiver of Tenant's obligations hereunder. Landlord further reserves the right to the extent ▇▇▇▇▇▇▇▇’s consent direct Tenant to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not locate any unusually heavy items to be unreasonably withheld or delayed pursuant located within the Premises to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing areas within the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andPremises that are particularly reinforced.
Appears in 1 contract
Sources: Lease (Sonic Foundry Inc)
Tenant’s Work. Section 5.1 Except as may be 3.2.1. All work not expressly provided herein to be done by Landlord shall be performed by Tenant in this leaseorder to complete the Premises for its Permitted Use (hereinafter called "Tenant's Work") including, but not limited to, all work designated as Tenant's Work in Exhibit B, and Tenant shall not replace any fixtures do and perform at Tenant's sole cost and expense all Tenant's Work diligently and promptly, in the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without a good ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural-like manner, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.23.5.1) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article herein. Without limiting the foregoing, Tenant hereby acknowledges and agrees that Landlord relinquishes its rights theretounless expressly provided to the contrary in Exhibit B, in which case Tenant shall be obligated responsible, as part of Tenant's Work and at Tenant's sole cost and expense, to remove all property at the Premises, demolish (e.g., demolish the applicable interior finishes and facades of) the Premises, as may be necessary, construct the entire Premises structure, if applicable, and perform such Tenant’s Work.
Section 5.2 Prior other work that might otherwise traditionally be performed by a landlord including, but not limited to, the running and stubbing of all utilities to commencing the Premises, and all of the traditional tenant finishings. For the purposes of clarity, Tenant shall not demolish or modify any Tenant’s Work structural supports, tension cables and wires or any utility systems or equipment servicing spaces other than purely Cosmetic Alterationsthe Premises or other items that are part of the support system or infrastructure of the Hotel Complex without the prior written consent of Landlord given in its sole and absolute discretion. Any roof work including roof penetrations shall be performed by Landlord's contractor but at Tenant's expense. If requested by Landlord, Tenant shall, at Tenant’s expense, deliver shall provide construction budgets with line item break-downs acceptable to Landlord detailed plans and specificationsreasonable evidence of funds to be expended to complete Tenant's Work. Notwithstanding anything to the contrary contained herein, each and every aspect of Tenant's Work shall in all respects be subject to the prior written approval of Landlord, and shall be in accordance with the standards of a first class resort/casino/entertainment facility using materials consistent with Tenant's most first-class design standard (as reasonably determined by Landlord) and shall be completed promptly pursuant to the requirements of this Lease. Tenant agrees that the minimum construction budget for Tenant’s Work's Work excluding the costs of pre-opening marketing, in form reasonably satisfactory inventory, payroll, training or any ancillary startup costs, is expected to Landlordbe at least the Tenant's Work Budget; provided, preparedhowever, certified, signed and sealed by an architect or engineer licensed to practice that in the State of New York, event the construction bids are lower than the expected Tenant's Work Budget and suitable for filing Tenant is able to perform Tenant's Work in accordance with the applicable Authority, if filing is required by applicable Laws (such approved plans and specifications together and in accordance with revisions theretothe standards of a first- class resort/casino/entertainment facility for less than the Tenant's Work Budget, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans Tenant shall not be unreasonably withheld required to spend the full Tenant's Work Budget.
3.2.2. Tenant shall not contract with any consultant, subconsultant, contractor or delayed subcontractor, and Tenant's contractors and subcontractors may not perform any work on the Premises or elsewhere within the Hotel Complex, unless and until (i) if Landlord elects, a background investigation of each such consultant, subconsultant, contractor and subcontractor has been completed by Landlord's Security Department (or its designee) and the results thereof are satisfactory to Landlord and (ii) Landlord has, in Landlord's reasonable discretion, approved the general contractor and if Landlord elects, each such consultant, subconsultant, contractor and subcontractor for Tenant's Work. Notwithstanding the foregoing, Tenant may only use union signatory contractors and subcontractors (and, if applicable, Tenant must ensure that Tenant's union signatory contractors and subcontractors only use union signatory contractors and subcontractors), who are in compliance with their respective collective bargaining/union agreements, to perform work at the Hotel Complex (either as part of Tenant's Work or otherwise) and (ii) shall comply, and require all consultants, subconsultants, contractors or subcontractors to comply, with all Project Labor Agreements now or at any time hereafter applicable to the extent ▇▇▇▇▇▇▇▇’s consent Hotel Complex. Further, and in addition to ▇▇▇▇▇▇’s any other indemnity obligation contained herein, Tenant hereby covenants and agrees to indemnify, defend, save, and hold Landlord, and Landlord's Affiliates and their respective parents, subsidiaries, partnerships, joint venturers, other affiliates, officers, directors, members, managers, shareholders and employees, MGP Lessor, LLC, a Delaware limited liability company and any Superior Holder (as defined in Section 12.3.1 hereof) (collectively, with Landlord, the "Landlord Parties", and each a "Landlord Party"), free, clear and harmless from, and against, any and all liabilities, losses, costs, expenses (including reasonable attorney's fees), judgments, claims, liens, fines, penalties, and demands of any kind whatsoever caused by, resulting from, or in any way connected with, Tenant's use of any particular consultant, subconsultant, contractor or subcontractor, or their use of any particular subconsultant or subcontractor, for any work in connection with the Premises (whether part of Tenant's Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed otherwise) regardless of whether Landlord approved of such contractor or subcontractor pursuant to this ArticleSubsection. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver at all times upon Landlord's request provide to Landlord copies of) a complete and accurate list of all required permits consultants, subconsultants, contractors and authorizations subcontractors performing work at the Hotel Complex on behalf of Tenant and/or Tenant's consultants and/or contractors. In addition, Tenant's Work shall at all times be conducted in accordance with Tenant Contractor Work Standards, a copy of which is attached hereto as Exhibit D. "Landlord's Affiliate" means any Authority for such workof the following: MGM Resorts International, a Delaware corporation, MGM Growth Properties LLC, a Delaware limited liability company, MGP Lessor, LLC, a Delaware limited liability company and (b) deliver to Landlord such security as shall be reasonably satisfactory to any person or entity, which, directly or indirectly, controls, is controlled by, or is under common control with Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and.
Appears in 1 contract
Sources: Lease Agreement (Allied Esports Entertainment, Inc.)
Tenant’s Work. Section 5.1 Except Tenant, at its sole cost and expense, shall perform all work (other than Landlord's Work) in accordance with the terms of this Rider as may required to put the Premises in a condition to permit the conduct of Tenant's business therein and in accordance with the requirements of this Lease.
A. When Landlord's Work has proceeded to the point where the work described in the Working Drawings to be performed by Tenant and the installation of Tenant's trade fixtures and equipment in the Premises (collectively "Tenant's Work") can, in the opinion of Landlord, be commenced in accordance with good construction practice, Landlord shall notify Tenant to that effect. After such notice, Tenant shall have the right to occupy the Premises for the purpose of performing Tenant's Work so far as its occupancy is not inconsistent with Landlord's Work or any work to be done in the Building by Landlord, subject to all the terms and condition of this Lease, except that the payment of Rent by Tenant shall not commence until the Premises are Ready for Occupancy. All work by Tenant shall be performed in accordance with and be subject to the terms and conditions of Article 10 of the Lease.
B. Tenant acknowledges that entry onto the Premises when the Premises are not Ready for Occupancy entails a risk of personal injury, death, or damage, destruction, loss or misappropriation of property. To the extent not expressly provided prohibited by law, Tenant hereby assumes all such risks for entry onto the Premises, and agrees to defend and hold harmless Landlord (its agents, contractors, employees and any lessor under any ground or underlying lease) against all costs and expenses, including reasonable attorneys' fees in connection therewith, arising out of any personal injury, death, or damage, destruction, loss or misappropriation of property related to entry onto the Premises by Tenant or its agents, employees, contractors, invitees or subtenants prior to such time as the Premises are Ready for Occupancy, except to the extent such costs or expenses arise out of the negligence or willful misconduct of Landlord, its employees, agents or representatives (it being expressly understood that for purposes of this leaseLease, Landlord's contractors, subcontractors and their employees shall not be considered employees, agents or representatives of Landlord).
C. Tenant shall be solely responsible to determine at the site all dimensions of the Premises and the Building which affect any work to be performed by Tenant hereunder.
D. Neither review nor approval by Landlord of any plans or specifications for Tenant's Work or any other work to be performed by Tenant shall constitute a representation or warranty by Landlord that any of such plans or specifications either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable laws, ordinances, codes and regulations, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or to any other person or entity for such completeness, suitability, or compliance.
E. Once approved by Landlord, Tenant shall not replace any fixtures in the Premises or make any changes, improvements, alterations modifications or additions (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver submitted to Landlord copies of) all required permits and authorizations for Tenant's Work or any other Leasehold Improvements without the prior written consent of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and.
Appears in 1 contract
Tenant’s Work. Section 5.1 Except Tenant shall perform such work to the Premises as may Tenant shall determine in order to prepare the Premises for its initial occupancy, such work to be expressly provided performed at its sole cost and expenses (except as hereinafter provided) in accordance with all applicable law and in accordance with plans and specifications therefor which Landlord has approved, such approval not to be unreasonably withheld, delayed or conditioned. Promptly after the execution of this leaseLease, Tenant shall have such plans and specifications prepared and submitted to Landlord no later than ninety (90) days after the date of execution of this Lease. Tenant shall obtain all necessary governmental permits for such work and shall perform such work expeditiously and in a manner which does not replace cause any fixtures undue interference with the operations of any other tenants at the Building. All of such work shall be performed in accordance with reasonable rules and regulations therefor which Landlord has provided. Any contractor performing such work shall maintain commercial general liability insurance in an amount of at least $3,000,000 naming the Landlord as an additional insured and a certificate of such insurance shall be submitted to Landlord prior to the date that any such work is commenced. In addition the Tenant responsibilities and scope of work are further defined in the Premises or Landlord/Tenant Responsibility Matrix which is attached as Exhibit F. Landlord shall make any changesavailable to Tenant a construction allowance (the “Tenant Allowance”) in the amount of One Million Eighty Thousand One Hundred Eighty-Nine Dollars ($1,080,189.00) (subject to reduction as provided in Section 10.12) which Tenant may use for the design and performance of such work as follows: no more than once per calendar month, improvementsTenant may submit to Landlord a Requisition (as that term is hereinafter defined) and Landlord shall pay the amount of the Requisition to Tenant provided that no default of Tenant that has been noticed in writing to the Tenant, alterations or additions then exists and the total amount of all payments made by Landlord to Tenant hereunder shall not exceed $1,080,189.00. Such payments shall be made by Landlord to Tenant within thirty (collectively30) days after the date of its receipt of a Requisition. As used herein, “a Requisition shall mean that Tenant has submitted to Landlord an invoice setting forth the work and services performed to date, itemizing the cost of such work and services, and evidencing the cost of such work and services through paid invoices, receipts and the like, together with a partial lien waiver from the general contractor and all subcontractors having a contract in excess of $2,500.00 and a certificate from Tenant’s Work”), architect to Landlord that all of such work has been performed in accordance with the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consentplans and specifications approved by Landlord. Landlord’s consent The initial Requisition shall be accompanied by a IRS W-9 statement completed by Tenant. The amount of costs and expenses for which a Requisition is made shall not exceed ninety percent (90%) of the actual costs and expenses incurred by Tenant (in other words there shall be unreasonably withheld or delayed if a ten percent (10%) holdback until the final Requisition which must be accompanied by a certificate from Tenant’s Work (a) is nonstructuralarchitect that the work has been completely performed in accordance with said plans and specifications, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the a certificate of occupancy for issued by the Premises Town of Norwood, and final lien waivers from the general contractor and all subcontractors having a contract in excess of $2,500. For the purposes hereof, architects and engineers shall be deemed to be subcontractors. At any time that a Requisition is received a lien has been filed against the Property or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such a part thereof arising out of Tenant’s Work as are cosmetic alterations (or such as painting services, then Landlord may withhold from the interior amount of the PremisesRequisition, carpetingan amount equal to one hundred fifty percent (150%) of the amount of such lien until such lien has been released of record, through bonding or the like. At the time of each Requisition, Landlord shall have a credit against the amount due and installation payable in the amount in which Landlord has theretofore paid under this Section. In the event that Tenant does not claim any part of shelving and display casessaid Allowance within twelve (12) inside months after the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions date of this lease. Tenant’s Work Lease, then Landlord shall be performed, at Tenant’s expense, with diligence when started so as have no obligation to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with pay any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Workamount.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 1 contract
Sources: Lease Agreement (Corbus Pharmaceuticals Holdings, Inc.)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace any fixtures in the Premises or make any changeschanges to the Premises, improvementsthe Building, alterations the Building systems, or additions any part thereof (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if provided that Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property Building outside the Premises (including the Building roof) or the exterior of the Premises, (ii) adversely affect any structural element of the Building, Building (iii) adversely affect any Building system, system or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (db) is performed only by contractors and or subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of , except that any Tenant’s Work as are cosmetic alterations (such as painting the interior which affects any Building system shall be performed by a contractor or subcontractor designated by Landlord or then on Landlord’s list, if any, of the Premises, carpeting, approved contractors and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”subcontractors for that work), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like professional manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord). As part If Tenant’s Work consists solely of the installation of Tenant’s WorkProperty in the Premises, Tenant shall soundproof a change affecting only Tenant’s Property in the Premises and install appropriate ventilation if required so that Tenant’s use or the painting, carpeting or decorating of the Premises Premises, Landlord’s consent shall not result in noise and/or odors being transmitted outside the Premises. be required, provided (i) Tenant gives Landlord 10 days prior notice of such Tenant’s Work (with reasonable details of the work to be performed), (ii) all of the other applicable provisions of this lease shall be fully paid for by Tenant when payment is due apply and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. (iii) such Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term does not violate clauses (a) or the sooner termination (b) of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s WorkSection.
Section 5.2 Prior to commencing performing any Tenant’s Work other than purely Cosmetic Alterationswhich, pursuant to this Article, requires Landlord’s consent, Tenant shall, at Tenant’s expense, expense (a) deliver to Landlord Landlord, detailed plans and specifications, specifications for Tenant’s Work, Work in form reasonably satisfactory to Landlord, prepared, certified, signed Landlord prepared and sealed certified by an a registered architect or engineer licensed to practice in the State of New Yorkengineer, and suitable for filing with the applicable Authority, if filing is required by applicable Laws Law (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and (b) obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇Tenant’s Plans (which shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇Landlord’s consent to ▇▇▇▇▇▇Tenant’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work), Tenant shall (ac) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such workAuthority, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (cd) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) of worker’s compensation insurance (covering all persons to be employed in the performance of by ▇▇▇▇▇▇, and all contractors and subcontractors performing any Tenant’s Work), andcommercial general liability insurance (naming Landlord, Landlord’s managing agent, if any, any Superior Landlord and any Mortgagee as additional insureds) and Builder’s risk insurance (issued on a completed value basis), in form, with companies, for periods and in amounts reasonably required by Landlord, naming Landlord, ▇▇▇▇▇▇▇▇’s managing agent, if any, any Superior Landlord and any Mortgagee as additional insureds, and (e) with respect to any Tenant’s Work costing more than $50,000, deliver to Landlord security in an amount equal to the total cost of such ▇▇▇▇▇▇’s Work and reasonably acceptable to Landlord securing ▇▇▇▇▇▇’s obligation to complete and pay for such Tenant’s Work. Tenant shall promptly reimburse Landlord for any reasonable out-of-pocket expenses incurred by Landlord in connection with Landlord’s review of Tenant’s Plans and inspection of Tenant’s Work, including outside experts retained by Landlord for that purpose. Following the completion of Tenant’s Work, Tenant shall, at Tenant’s expense, obtain and deliver to Landlord copies of all authorizations of any Authority required upon the completion of Tenant’s Work and “as-built” plans and specifications for ▇▇▇▇▇▇’s Work prepared as reasonably required by Landlord.
Section 5.3 If, in connection with ▇▇▇▇▇▇’s Work or any other act or omission of Tenant or Tenant’s employees, agents or contractors, a mechanic’s lien, financing statement or other lien or violation is filed against Landlord, or any part of the Premises, the Building or Tenant’s Work, Tenant shall, at Tenant’s expense, have it removed by bonding or otherwise within 30 days after Tenant receives notice of the filing.
Section 5.4 Tenant shall not employ, or permit the employment of, any contractor, subcontractor or other worker in the Premises, whether in connection with Tenant’s Work or otherwise, if such employment shall, in Landlord’s reasonable judgment, interfere or cause conflict with other contractors, subcontractors or workers in the Building.
Section 5.5 At Tenant’s request, Landlord shall join in any applications for any authorizations required from any Authority in connection with Tenant’s Work (to which Landlord has consented, if required pursuant to this Article), and otherwise cooperate with Tenant in connection with Tenant’s Work, but Landlord shall not be obligated to incur any expense or obligation in connection with any such applications or cooperation.
Section 5.6 Tenant shall not place a load on any floor of the Premises exceeding the floor load per square foot which the floor was designed to carry and which is allowed by any Law.
Section 5.7 On or before the Expiration Date, Tenant shall, at Tenant’s expense, remove from the Premises and the Building (a) Tenant’s trade fixtures, equipment and personal property which are removable without material damage to the Premises or the Building (“Tenant’s Property”), and (b) any Tenant’s Work which is not an ordinary nonstructural office installation and which Landlord designates for removal in a notice given by Landlord to Tenant on or before the date which is 90 days prior to the Fixed Expiration Date (or five days prior to the Earlier Expiration Date, if applicable), and repair any damage to the Premises or the Building caused by the installation or removal of Tenant’s Property or Tenant’s Work. If, at the time Tenant requests ▇▇▇▇▇▇▇▇’s consent to Tenant’s Plans, Tenant requests Landlord to designate the portions of Tenant’s Work which must be removed pursuant to this Section, Landlord shall make that designation on the date Landlord gives ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Plans. Except as expressly provided in this Section, Tenant’s Work shall not be removed and shall, on the Expiration Date, become the property of Landlord. Any Tenant’s Property or Tenant’s Work (which Tenant was required to remove) which is not removed by Tenant by the Expiration Date shall be deemed abandoned and may, at Landlord’s option, be retained as ▇▇▇▇▇▇▇▇’s property or disposed of by Landlord at Tenant’s expense.
Appears in 1 contract
Sources: Office Lease
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace any fixtures in accept the Demised Premises or make any changes, improvements, alterations or additions (collectively, “as is” on the date hereof and Landlord shall have no obligation whatsoever to prepare the Demised Premises for occupancy by Tenant’s Work”), . Any such work performed by Tenant shall be subject to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this leaseLease, including without limitation Articles 10 and 11. Landlord shall pay to Tenant, upon written request from time to time (but not more frequently than monthly) and pro rata as such work progresses, an amount equal to the cost thereof not in excess of $317,640 (hereinafter referred to as “Landlord’s Work Construction Contribution”). Any unused balance of Landlord’s Contribution plus an additional allowance in the amount of $21,176 (hereinafter referred to as “Landlord’s Additional Allowance”) may be applied to any other costs (including without limitation architectural, engineering, space planning and moving expenses) incurred by Tenant in relocating its business operations to the Demised Premises. The disbursement of any portion of Landlord’s Construction Contribution or Landlord’s Additional Allowance shall be performedmade within fifteen (15) days following the receipt by Landlord of invoices, at Tenantreceipts and other documentation evidencing to Landlord’s expensereasonable satisfaction the costs on account of which such disbursement has been requested, with diligence when started so as to promptly complete it in a good well as releases and worker-like manner using new waivers of any mechanic’s and other liens for any labor or materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (furnished as defined in Section 5.2) as approved by Landlord. As part of Tenantsuch work. Any portion of Landlord’s Work, Tenant shall soundproof Construction Contribution or Landlord’s Additional Allowance not paid within fifteen (15) days from the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant date when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the foregoing provisions shall bear interest thereafter at a rate equal to one percent in excess of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated the so-called “prime rate” charged from time to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed time by an architect or engineer licensed to practice in the State First National Bank of New YorkBoston, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval may be deducted from installments of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andYearly Fixed Rent next becoming due hereunder.
Appears in 1 contract
Tenant’s Work. Section 5.1 Except All work not provided herein to be done by Landlord shall be performed by Tenant (hereinafter called "Tenant's Work") including but not limited to all work designated as may be expressly provided Tenant's Work in this lease, Exhibit "B," and Tenant shall not replace any fixtures in the Premises or make any changes, improvements, alterations or additions (collectively, “do and perform at its expense all Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s 's Work (a) is nonstructural, diligently and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises promptly and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions following provisions. Tenant agrees to accept the Premises in its present "as is" condition Notwithstanding anything to the contrary contained in this Lease, Tenant shall have the right without Landlord's consent to re-use any and all improvements, fixtures and equipment existing in the Premises as of the date of this Article that Landlord relinquishes its rights theretoLease to the extent same are working, in which case Tenant good repair and have adequate capacity and life. Landlord agrees that no such improvements, fixtures and/or equipment shall be obligated removed from the Premises prior to remove such delivery of possession to Tenant’s Work.
Section 5.2 Prior , except to commencing the extent removed by the previous tenant of the Premises (or portion thereof) pursuant to its lease. In the event that prior to or during the construction of Tenant's Work any Tenant’s Work other than purely Cosmetic AlterationsHazardous Material is found in the Premises, Tenant Landlord shall, at is sole cost, remove same, such removal to be in accordance with applicable laws and regulations, and the ninety (90) day period referred to in the definition of "Commencement Required Completion Date" shall be extended by the number of days Tenant is delayed by virtue of such work by Landlord. Further alterations of this room will be at the Tenant’s expense, deliver 's sole expense and deemed to Landlord detailed plans and specifications, for be Tenant’s 's Work, including, but not limited to, all work designated as Tenant's Work in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New YorkExhibit "B", and suitable for filing Tenant shall do and perform all Tenant's Work diligently and promptly and in accordance with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andprovisions.
Appears in 1 contract
Sources: Lease Agreement (Play Co Toys & Entertainment Corp)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease4.01 At its own expense, Tenant shall not replace any fixtures provide all design, engineering, plans, specifications, drawings, permits, fees, work, labor, skill and equipment required to complete the Premises for occupancy, and shall construct the Tenant’s Improvements in accordance with Tenant’s Drawings, approved in the manner set forth herein.
4.02 The following shall be carried out at Tenant’s expense and by Landlord’s contractor:
(1) all approved modifications and/or additions to the shell building structural system, roof and life safety systems, including, without limitation, installation of approved modifications and additions for the existing shell building sprinkler system, and
(2) any drilling, cutting, coring and patching for conduit, pipe sleeves, chases, duct equipment, or openings in the floors, walls, columns or roofs of the Premises which is approved by Landlord. The following may be carried out by Tenants contractor at Tenant’s expense subject to the requirements of Section 4.03 below:
(1) all approved modifications to the shell building plumbing, heating, cooling, ventilating, exhaust, control and electrical distribution systems as installed by Landlord, and
(2) patching of building standard fireproofing, if applicable.
4.03 Modifications to the shell building systems set forth in Section 4.02 and special requirements of Tenant will be considered by Landlord only if applied for at the time Tenant’s Drawings are submitted for approval and if they are compatible with the capacity and character of the shell building. Drawings for such proposed modifications shall be certified (sealed) by an architect duly registered in the State of Utah. Landlord shall not be required to grant its consent to allow Tenant’s contractor to perform such work unless Tenant agrees to obtain from Landlord’s subcontractor(s) originally responsible for the installation of such shell building systems written statements in form satisfactory to Landlord, that Tenant’s modifications of such shell building systems will be performed in a good workmanlike manner and specifically affirming the continued validity of any and all warranties and guaranties in effect prior to commencement of Tenant’s Work from each such shell building systems subcontractor. Restrictions on mechanical and electrical connections by Tenant may be imposed as reasonably necessary by Landlord to insure that no warranty or make guarantee pertaining to the shell building is lost or jeopardized.
4.04 No construction work shall be undertaken or commenced by Tenant until:
(a) Tenant’s Drawings have been submitted to and approved or deemed approved by Landlord, and
(b) all necessary building permits and required insurance coverages have been secured and certificates of insurance delivered to Landlord.
4.05 Tenant shall proceed with its work expeditiously, continuously, and efficiently, and shall complete the same by the date one hundred twenty (120) days following the Delivery Date. Failure of Tenant to complete by such date shall not prevent commencement of the term of the Lease or commencement of any changesrental or other charges payable by Tenant under the Lease.
4.06 Tenant shall ensure that all materials, improvementsskill and workmanship in Tenant’s Work shall be of uniformly high quality, alterations not less than building standard, and in accordance with the best standards of practice and any governing codes or additions (collectively, “regulations. Tenant shall have the obligation to timely deliver any materials and equipment and labor to be supplied by Tenant so as not to delay substantial completion of Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant represents and warrants that Tenant’s Work (a) is nonstructuralDrawings and the improvements contemplated thereby shall be in compliance with applicable building and zoning laws, ordinances, regulations and any covenants, conditions or restrictions affecting the Shopping Center, and (b) does not (i) affect any part that the same are in accordance with good engineering and architectural practice, and that Tenant’s Drawings are sufficient for issuance of the Real Property outside the Premises (including the Building roof) or the exterior of the Premisesa building permit for Tenant’s Work. Further, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of Tenant shall be responsible for obtaining the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such Tenant’s Work, and shall furnish the same to Landlord prior to the Commencement Date.
4.07 Tenant shall appoint a representative as Tenant’s representative with full authority to make decisions and commitments on behalf of Tenant in respect to Tenant’s Work as are cosmetic alterations (such as painting and changes therein.
4.08 All Tenant’s Work shall be confined to the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions exception of this lease. Tenant’s Work sign mountings, which shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and performed in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to sign criteria and the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andapproved sign drawings.
Appears in 1 contract
Sources: Multi Tenant Office Lease Agreement (Pluralsight, Inc.)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace any fixtures in do the Premises or make any changeswork shown on Build-Out Drawings, improvements, alterations or additions (collectively, “Tenant’s Work”), to ------------- as the Premises, work on the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside Tenant, in a good and workmanlike manner in accordance with "plans and specifications" (as hereinafter defined) which have Landlord's written approval prior to the Premises (including the Building roof) or the exterior commencement of the PremisesTenant's work, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent Tenant shall not furnish and install any and all necessary trade fixtures, equipment and other items necessary for the proper conduct of Tenant's business. "Plans and Specifications", as used in this Section V(b) and in Section XIV shall mean documents and drawings sufficient for contract bidding and work completion. All of the foregoing work and all work Tenant may undertake pursuant to Section XIV of this Lease shall be done in accordance with all laws, rules, regulations and ordinances applicable thereto, including, if necessary, compliance with the Americans With Disabilities Act, and the acquisition by Tenant of a Town of Chelmsford Building Permit. In no event shall Landlord be required to provide or install any trade fixtures or equipment. Tenant agrees to employ for any work it may do pursuant to Sections V(b) and XIV of this Lease one or more responsible contractors whose labor will work in harmony with respect other labor working in and on the Building and Property and with suppliers of materials for use in construction in and on the Building and Property, and especially Tenant agrees that he will not do or permit to be done anything which would cause any labor difficulty in connection with any construction in and the Building and Property. Tenant shall require all such contractors employed by Tenant to carry Worker's Compensation Insurance in accordance with statutory requirements and to carry Comprehensive Public Liability Insurance and Automobile Liability Insurance covering such contractors in or about the premises in amounts not less that Five Hundred Thousand ($500,000) Dollars combined single limits for property damage, for injury or death of more than one person in a single accident and to submit certificates of insurance evidencing such coverage to Landlord prior to commencement of such work. Tenant agrees to indemnify and hold harmless Landlord from all claims, actions, demands and causes of actions occasioned by Tenant’s Work as are cosmetic alterations (such as painting 's contractors being on or about the interior premises, the Building or the Property, and from Tenant's contractors performing work in the premises. All contractors, subcontractors, mechanics, laborers, materialmen, and others who perform any work, labor or services, or furnish any materials, or otherwise participate in the labor or services, or furnish any materials, or otherwise participate in the improvement of the Premisespremises shall be and are hereby given notice that Tenant is not authorized to subject Landlord's interest in the premises to any claim for mechanics', carpetinglaborers' and materialmen's liens, and installation of shelving and display cases) inside all persons dealing directly or indirectly with Tenant may not look to the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this leasepremises as security for payment. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises save Landlord harmless from and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interestsagainst all expenses, liens, encumbrances claims or financing statements. Tenant’s Work shall be deemed, upon installation, damages to be improvements and betterments that become the either property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration or person which may or might arise by reason of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations making of any Authority for such workadditions, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlordimprovements, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andalterations and/or installations.
Appears in 1 contract
Sources: Lease Agreement (MMC Networks Inc)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, (a) The Tenant shall not replace any fixtures carry out its own fixturing at its own cost and expense as described in Schedule “H” attached hereto (the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), provided that Tenant has no obligation to the Premises, the Real Property, the Building systems, or complete any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside except as may be lawfully required to permit the Premises (including to be used by the Building roof) or Tenant as the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed)Tenant may choose to use them. ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Such Tenant’s Work shall be performedsubject to the approval of the Landlord, at acting reasonably and without undue delay or constraint and Landlord shall respond to any request for such approval within ten (10) Business Days after receipt of Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and request for approval or such Tenant’s Plans Work will be deemed approved. Save and except for the cost of the Landlord’s Work, the Landlord shall not be obligated to pay any leasehold credit or payment to the Tenant for any Leasehold Improvements. The Tenant agrees to finish the Premises to a standard commensurate with a cGMP facility for the Use.
(as defined in Section 5.2b) as approved by Landlord. As part On completion of the Tenant’s Work, the Tenant shall soundproof forthwith furnish to the Landlord a statutory declaration stating that:
(i) there are no construction liens outstanding against the Premises and install appropriate ventilation if required so that Tenant’s use on account of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully that have not been bonded off or otherwise addressed to the reasonable approval of the Landlord;
(ii) that all accounts for work, services and materials have been paid for by Tenant when payment is due and shall not be financed in full with any conditional sales or title retention agreements or by respect to all of the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemedWork, upon installation, to be improvements except for amounts that are being disputed in good faith;
(iii) the holdbacks required under the Construction Act have been made and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease released in accordance with its provisionsthat legislation; together with evidence in writing that:
(iv) unless Landlord notifies Tenant in accordance with all assessments under the Workplace Safety and Insurance Act have been paid; and,
(v) that the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated the Occupational Health and Safety Act have been adhered to remove such during the completion of the Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 1 contract
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace any fixtures in (a) Upon being given possession of the Premises (whether exclusive or make any changesnot), improvementsthe Tenant shall, alterations or additions (collectivelyat its own expense, “diligently carry out and complete the Tenant’s Work”), to . The Tenant will carry out the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does in such manner as will not (i) affect any part interfere unreasonably with the performance by the Landlord of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of TenantLandlord’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant otherwise in accordance with the provisions of this Article that Lease, including, without limitation, the provisions of sections 9.4 and 10.3 and Schedule D.
(b) The Landlord relinquishes its rights thereto(or an Affiliate of the Landlord) may tender to the Tenant a price for the completion, in as the Tenant’s contractor, of the Tenant’s Work (excluding the Tenant’s trade fixtures). If the Landlord’s tender price is within 5% of any other bona fide tender from qualified contractors which case the Tenant may receive with respect to the Tenant’s Work (the Tenant hereby agreeing to obtain bona fide tenders for the Tenant’s Work from qualified contractors), then the Tenant shall be obligated to remove such accept the tender submitted by the Landlord (or its Affiliate) for the Tenant’s Work. All amounts payable by the Tenant under such accepted tender will be considered Additional Rent.
Section 5.2 Prior to commencing any (c) Within 30 days following the completion of the Tenant’s Work other than purely Cosmetic Alterations, the Tenant shall, at shall provide the following to the Landlord:
(i) a statutory declaration:
(A) stating that the Tenant’s expense, deliver to Landlord detailed Work has been performed in accordance with all of the provisions of the plans and specificationsspecifications approved by the Landlord and this Lease and that all deficiencies (if any) which the Landlord has brought to the Tenant’s attention have been corrected;
(B) stating that there are no construction liens or other liens or encumbrances registered or capable of being registered or otherwise outstanding against the Lands in respect of work, services or materials relating to the Tenant’s Work and that all accounts for work, services or materials relating to the Tenant’s Work have been paid in full;
(C) listing each contractor and subcontractor who did work or provided materials in connection with the Tenant’s Work; and
(D) confirming the date on which the last work in relation to the Tenant’s Work was performed and materials were supplied;
(ii) an itemized list certified by the Tenant showing the costs actually expended by the Tenant for the completion of the Tenant’s Work;
(iii) a clearance certificate issued under the Workers Compensation Act in respect of each contractor and subcontractor listed on the aforesaid statutory declaration;
(iv) a copy of every occupancy and other permit which may be required by any governmental or other regulatory authority having jurisdiction, to permit the Tenant to occupy and open for business in form reasonably satisfactory the Premises; and
(v) a certificate of a professional engineer acceptable to the Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice certifying that the Tenant’s Work has been carried out in the State of New York, and suitable for filing accordance with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), as approved by the Landlord and obtain the Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andengineering consultants.
Appears in 1 contract
Sources: Lease Agreement (Ehave, Inc.)
Tenant’s Work. Section 5.1 Except as may be expressly provided Owner acknowledges that Tenant intends to build out the demised premises in this lease, order to facilitate Tenant's use thereof. Tenant shall not replace any fixtures in prepare and submit to Owner for its approval plans and specifications for the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part build-out of the Real Property outside the Premises demised premises (including the Building roof"Tenant's Work") or the exterior and Owner shall have 10 days after receipt of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions theretoin order to approve the same; provided in the event Owner shall not object to such plans and specifications within such 10-day period, collectively, “Tenant’s Plans”), and obtain Landlord’s then Owner's approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans such plans shall be deemed given if Owner does not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant object for five days after Tenant gives Owner a second notice referring to this Article. Before commencing Tenant’s Work, Owner will consent to the installation by Tenant of a staircase between the 11th and 12th Floors. Tenant shall (a) obtain (enter into a contract with a general contractor for Tenant's Work and deliver Tenant agrees to Landlord copies of) all required permits and authorizations submit the name of any Authority such contractor to Owner for such workits approval, and (b) deliver to Landlord such security as which shall be deemed given if no objection is made within 10 days of receipt of request for approval of the contractor. Owner agrees to pay for the cost of Tenant's Work in an amount not to exceed $249,900. Owner shall make such payment on delivery to Owner of a completed requisition for payment signed and certified as true by Tenant and Tenant's architect, stating the amount requested for payment, which shall include an itemized break down of the costs and expenses incurred by Tenant, stating the percentage of Tenant's Work that has been completed and indicating a minimum of 10% retainage of payments by Tenant to its contractors (it being understood that any request for payment hereunder prior to final payment on completion of Tenant's Work shall not be on account of such required retainage), accompanied by copies of invoices, bills or receipts (or other evidence reasonably satisfactory to LandlordOwner) for the costs with respect to which such request for payment is being made. Alternatively, Owner will reimburse Tenant for such costs on presentation by Tenant to Owner of paid invoices for Tenant's Work. At the time of final payment, Owner shall receive executed lien waivers from all contractors and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andsubcontractors respecting work performed.
Appears in 1 contract
Tenant’s Work. Section 5.1 Except Prior to the Commencement Date, commencing on the date this Lease is fully executed, Landlord shall permit Tenant and Tenant's representatives to enter the Premises so that Tenant may do such work as may be expressly provided required by Tenant make the Premises ready for Tenant's use and occupancy (excluding Landlord's Work) ("Tenant's Work", as generally outlined in Exhibit C. Such permission shall be subject to all the terms of this leaseLease except Tenant's obligation to pay Base Rent and Operating Costs. Tenant acknowledges and agrees that Landlord is not liable in any way for any injury, loss, or damage which may occur to Tenant, its agents, contractors, employees, or invitees or to Tenant's Work and installations made in the Premises, except injury, loss or damage arising from Landlord's negligence or intentional acts, all of the same being at Tenant's sole risk. Tenant shall not replace any fixtures acknowledges that Landlord will be conducting Landlord's Work in the Premises or make and other work in the Project concurrently with Tenant's Work, and Tenant and Landlord each agrees to reasonably cooperate with the other in order to avoid interference with the other party's construction activities. Tenant shall have the right to perform the initial Tenant's Work and any changes, improvements, other alterations or additions (collectivelyinstallations 24 hours per day, “Tenant’s Work”)seven days per week, 365 days per year from the date of this Lease throughout the Term, and shall have reasonable access to the Premisesparking areas, the Real Propertyroof, the Building systemsloading dock and other common areas. Landlord shall not receive any profit from but may charge (pass through) reasonable fees for inspection of Tenant's Work, or any part thereofother alterations performed by Tenant, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is made in order to assure that such work was performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed approved plans and specifications, . Landlord shall provide reasonable utilities for Tenant’s Work, in form reasonably satisfactory 's use during Tenant's construction at no cost to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and.
Appears in 1 contract
Sources: Lease (Inflow Inc)
Tenant’s Work. A. Except for Landlord’s Work under Section 5.1 Except as may be expressly provided in this lease3.1 above, all work that is deemed necessary or desirable by Tenant shall not replace any fixtures in to prepare the Premises or make any changesfor Tenants use and occupancy shall be performed by Tenant, improvementsat its expense, alterations or additions and in accordance with plans and specifications approved in advance by Landlord pursuant to paragraph C below (collectively, such approved work is referred to herein as “Tenant’s Work”). Following the Substantial Completion of the Initial Landlord’s Work, Tenant’s Work shall be undertaken in accordance with all of the terms and conditions of this Lease, including but not limited to subsection 6.2.5 and the Construction Rules and Regulations attached hereto as Exhibit E-l.
B. All subcontractors selected by Tenant for the performance of Tenant’s Work shall first be approved by Landlord in writing (which may be done via e-mail), such approval not to be unreasonably withheld, conditioned or delayed (it being agreed that Landlord shall have the right to restrict certain subcontractors from any bid lists), with such approval or disapproval to be given within five (5) business days from request. Tenant shall use Unispace as both its general contractor and architect (“▇▇▇▇▇▇’s general contractor and “Tenant’s architect”, as applicable), and ▇.▇ ▇▇▇▇▇▇▇▇ as its engineer (“Tenant s engineer”) unless, in each case, ▇▇▇▇▇▇ receives Landlord’s consent to use another general contractor, architect or engineer. Notwithstanding anything to the Premisescontrary contained herein. Tenant shall use Landlord’s roofing contractor for any work that involves penetration of the roof.
C. All contractors employed by Tenant shall carry the insurance coverages required under Section 4.2.4.6 below, and Tenant shall submit certificates evidencing such coverage to Landlord prior to the Real Propertycommencement of Tenant’s Work. All Tenant’s Work shall be performed in good and workmanlike manner in accordance with all applicable requirements and laws of the applicable authorities having jurisdiction of the Premises and in compliance with all of the requirements of subsection 6.2.5 of this Lease. Prior to applying for any building permit, Tenant shall submit to Landlord complete architectural, electrical and mechanical construction drawings, plans and specifications (“Tenant’s Plans”) necessary for the Building systemsTenant’s Work. Tenant’s Plans shall be prepared by ▇▇▇▇▇▇’s architect and ▇▇▇▇▇▇’s engineer, and all costs and expenses of preparing Tenants Plans shall be Tenant’s sole responsibility. Landlord shall approve or disapprove in writing of any plans submitted within five (5) business days of receipt thereof. Landlord shall not unreasonably withhold or condition such consent. If any of such plans are disapproved by Landlord, Landlord shall provide Tenant with specific reasons for such disapproval, and the foregoing submission process shall be repeated until all such plans have been approved by Landlord (except that for each subsequent iteration of Tenant’s Plans, such five (5) business day period shall be reduced to three (3) business days). Tenant hereby acknowledges and agrees that Landlord’s review of, and Landlord’s granting of its approval to, any plans and specifications submitted to it under this Lease shall not constitute or be deemed to constitute a judgment, representation or agreement by Landlord that such plans and specifications comply with the requirements of any legal authorities or that such plans and specifications will be approved by the Town of Burlington. Following Landlord’s approval of Tenant’s Plans, Tenant shall provide Landlord with a copy of the construction contract and its total budget for the hard and soft costs for the construction of Tenant’s Work (the “Total Costs”). Tenant shall pay any and all out-of-pocket third party fees and expenses incurred by Landlord in connection with review of Tenant’s Plans.
D. The phrase, “Tenant Delay”, shall be defined as any delay in the completion of Landlord’s Work actually caused by (i) special work, upgrades or long lead-time items for which Landlord identifies a specified period of delay, and in either instance Tenant does not withdraw or alter such special work, upgrade, long lead-time item which avoids such delay, (ii) any changes to any plans made by Tenant, or any part thereofWork Change Order requested by Tenant, in any case for which Landlord identifies a specified period of delay at the time of its approval and for which Tenant does not withdraw such change to avoid delay, (iii) the delay of Tenant or its architects and engineers in providing or approving any plans, specifications, pricing or estimates or giving authorizations or supplying information reasonably required by Landlord or its general contractor within five (5) business days after request therefor, (v) any failure by any contractors employed by Tenant including, without limitation, contractors furnishing telecommunications, data processing or other service or equipment directly to Tenant (and not via Landlord’s contractors) to comply with the agreed-upon timetables for coordination of the parties’ respective components of work, as established at on-site progress meetings between ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws representative and Tenant’s Plans representative, (as defined in Section 5.2vi) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed any failure to comply with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto3, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing or any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing material interference with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of Landlord’s Work by Tenant or any of its agents, employees, architects, engineers or contractors (including but not limited to delays caused by the acts or omissions of Tenant or such parties), (vii) any failure of Tenant to pay for any Work Change Order or upgrade to Landlord’s Work within required time periods or (viii) Tenant’s Work, anddelay in delivering the Original Letter of Credit required pursuant to Section 4.4.
Appears in 1 contract
Sources: Office Lease (Desktop Metal, Inc.)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease4.01 At its own expense, Tenant shall not replace any fixtures provide all design, engineering, plans, specifications, drawings, permits, fees, work, labor, skill and equipment required to complete the Premises for occupancy, and shall construct the Tenant's Improvements in accordance with Tenant's Drawings, approved in the Premises or make any changes, improvements, alterations or manner set forth herein.
4.02 The following shall be carried out at Tenant's expense and by Landlord's contractor:
(1) all approved modifications and/or additions (collectively, “Tenant’s Work”), to the Premisesshell building structural system, the Real Property, the Building roof and life safety systems, or any part thereofincluding, without ▇▇▇▇▇▇▇▇’s prior consentlimitation, installation of approved modifications and additions for the existing shell building sprinkler system, and
(2) any drilling, cutting, coring and patching for conduit, pipe sleeves, chases, duet equipment, or openings in the floors, walls, columns or roofs of the Premises which is approved by Landlord. The following may be carried out by Tenant's contractor at Tenant's expense subject to the requirements of Section 4.03 below:
(1) all approved modifications to the shell building plumbing, heating, cooling, ventilating, exhaust, control and electrical distribution systems as installed by Landlord’s consent , and
(2) patching of building standard fireproofing, if applicable.
4.03 Modifications to the shell building systems set forth in Section 4.02 and special requirements of Tenant will be considered by Landlord only if applied for at the time Tenant's Drawings are submitted for approval and if they are compatible with the capacity and character of the shell building. Drawings for such proposed modifications shall be certified (sealed) by an architect duly registered in the State of Utah. Landlord shall not be unreasonably withheld required to grant its consent to allow Tenant's contractor to perform such work unless Tenant agrees to obtain from Landlord's subcontractor(s) originally responsible for the installation of such shell building systems written statements in form satisfactory to Landlord, that Tenant's modifications of such shell building systems will be performed in a good workmanlike manner and specifically affirming the continued validity of any and all warranties and guaranties in effect prior to commencement of Tenant's Work from each such shell building systems subcontractor. Restrictions on mechanical and electrical connections by Tenant may be imposed as reasonably necessary by Landlord to insure that no warranty or delayed if Tenant’s Work guarantee pertaining to the shell building is lost or jeopardized.
4.04 No construction work shall be undertaken or commenced by Tenant until:
(a) is nonstructuralTenant's Drawings have been submitted to and approved or deemed approved by Landlord, and and
(b) does all necessary building permits and required insurance coverages have been secured and certificates of insurance delivered to Landlord.
4.05 Tenant shall proceed with its work expeditiously, continuously, and efficiently, and shall complete the same by the date one hundred twenty (120) days following the Delivery Date. Failure of Tenant to complete by such date shall not (i) affect any part prevent commencement of the Real Property outside the Premises (including the Building roof) or the exterior term of the PremisesLease or commencement of any rental or other charges payable by Tenant under the Lease.
4.06 Tenant shall ensure that all materials, (ii) affect skill and workmanship in Tenant's Work shall be of uniformly high quality, not less than building standard, and in accordance with the best standards of practice and any structural element governing codes or regulations. Tenant shall have the obligation to timely deliver any materials and equipment and labor to be supplied by Tenant so as not to delay substantial completion of Tenant's Work. Tenant represents and warrants that Tenant's Drawings and the Buildingimprovements contemplated thereby shall be in compliance with applicable building and zoning laws, (iii) adversely affect ordinances, regulations and any Building systemcovenants, conditions or (iv) require an amendment restrictions affecting the Shopping Center, and that the same are in accordance with good engineering and architectural practice, and that Tenant's Drawings are sufficient for issuance of a building permit for Tenant's Work. Further, Tenant shall be responsible for obtaining the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such Tenant's Work, and shall furnish the same to Landlord prior to the Commencement Date.
4.07 Tenant shall appoint a representative as Tenant's representative with full authority to make decisions and commitments on behalf of Tenant in respect to Tenant’s 's Work as are cosmetic alterations (such as painting and changes therein.
4.01 All Tenant's Work shall be confined to the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions exception of this lease. Tenant’s Work sign mountings, which shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and performed in compliance with this lease, all Laws Landlord's sign criteria and Tenant’s Plans (as defined in Section 5.2) as the approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Worksign drawings.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 1 contract
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, A. Tenant shall not replace any fixtures demolish and build out the Sixth Floor space in accordance with its requirements and subject to all terms and conditions of the Premises or make any changesLease pertaining to Landlord's review and approval of same.
B. Subject to Tenant's receipt of a one year warranty for all work performed in connection with its buildout of the Sixth Floor, improvementsLandlord hereby approves both Plaza Construction and Structuretone as general contractors for Tenant's buildout, alterations or additions (collectivelyprovided, “Tenant’s Work”)however, that Tenant shall use a subcontractor designated by Landlord to do the Premiseselectrical hookups, provided that the Real Property, the Building systems, or any part thereof, without costs associated with using such designated contractor shall be competitive with those of other contractors in ▇▇▇▇▇▇▇▇’s prior consent▇ County. Landlord’s consent shall not Landlord will review Tenant's construction plans within ten (10) business days of receipt. Notwithstanding the foregoing, Landlord or its affiliate will be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part provided with a copy of the Real Property outside the Premises (including the Building roof) bid from or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies proposed contract with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2subcontractor(s) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment which is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, about to be improvements designated to perform the HVAC work and betterments that become the property of Landlord at installationelectrical hookups, and shall remain upon and be surrendered along with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed all necessary plans and specifications, and Tenant shall award the subcontract(s) for the HVAC work and electrical hookups to Landlord (or its affiliate) in the event Landlord's bid does not exceed that of the Tenant’s Work, in form reasonably satisfactory 's subcontractor(s).
C. Subject to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State 's review of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together pertaining to same, Landlord will not unreasonably withhold or delay its approval to Tenant's installation of an additional 50 tons of air conditioning for the Demised Premises and to Tenant's installation of additional electrical capacity.
D. The second sentence of Article 15.01 of the Lease is hereby replaced with revisions theretothe following: "No consent will be necessary for non-structural changes of less than one hundred thousand dollars ($100,000.00) provided that Tenant must notify Landlord of such changes in advance and, collectively, “Tenant’s Plans”), if Tenant has or should be reasonably expected to have plans and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Workspecifications prepared for such nonstructural changes, Tenant shall (a) obtain (supply Landlord with plans and deliver specifications pertaining to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (changes in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andadvance."
Appears in 1 contract
Sources: Lease Modification Agreement (Alliance Capital Management Lp)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this leaseOther than Landlord’s Work, Tenant shall not replace any fixtures in make all other necessary improvements to the Premises or make any changesto operate Tenant’s business including installation of voice data and telecommunications equipment and cabling, improvements, alterations or additions all at Tenant’s sole cost (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performedcomply with all applicable statutes, at Tenantordinances, regulations and codes and shall strictly comply with the requirements of Paragraph 7.03 hereof. Subject to scheduling and the progress of Landlord’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials construction of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by the Landlord. As part of Tenant’s Work, Landlord will, in its reasonable discretion, allow Tenant access to the Premises fifteen (15) days prior to the estimated date for Substantial Completion solely for purposes of performing the Tenant’s Work provided, however, that Tenant shall soundproof not interfere with the Premises completion of the Landlord’s Work and install appropriate ventilation if required so that shall cause its contractors to work in harmony with Landlord and its contractors. Tenant’s use or occupancy of the Premises shall not result in noise and/or odors being transmitted outside prior to the Premises. Tenant’s Work Commencement Date shall be fully paid for by Tenant when subject to all of the terms and conditions of the Lease, including, without limitation, the insurance requirements and indemnity obligations of the Lease, but excluding those provisions regarding the payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interestsscheduled Rent. TENANT WILL HOLD LANDLORD HARMLESS AND INDEMNIFY LANDLORD FOR ANY LOSS OR DAMAGE TO TENANT’S OR LANDLORD’S PROPERTY, liensEQUIPMENT, encumbrances or financing statements. Tenant’s Work shall be deemedFIXTURES OR MERCHANDISE, upon installationAND FOR ANY INJURY TO A PERSON RESULTING THEREFROM, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s WorkEXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE OF LANDLORD OR ITS AGENTS.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 1 contract
Tenant’s Work. Section 5.1 Except as Tenant may be expressly provided in this lease, Tenant shall not replace undertake any fixtures in work it desires on the Building or on the Premises (not including any enlargement of the Building or make any changes, improvements, alterations or additions creation of additional structures on the Land outside of the Building) (collectively, herein referred to as “Tenant’s Work”), at its expense, and in a good and workmanlike manner in accordance with “Plans and Specifications” (as hereinafter defined) which have been prepared at Tenant’s expense and which have Landlord’s written approval prior to the Premisescommencement of Tenant’s Work, the Real Propertysuch approval not to be unreasonably withheld. Among other items, the Building Landlord’s review of said Plans and Specifications may include potential impact on, and potential upgrades required to, base building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent approval of Tenant’s Plans and Specifications, if given, shall not be unreasonably withheld deemed or delayed if construed as a representation by Landlord that said Plans and Specifications comply with applicable law, or are adequate or appropriate for Tenant’s Work requirements. Further, Landlord’s approval of Tenant’s Plans and Specifications, if given, may be conditioned upon Tenant payment for upgrades to base building systems required or necessitated by Tenant’s Work, or upon a requirement that all or a portion of the Premises be separately metered or check metered for water or electrical consumption, or upon such other reasonable conditions as Landlord may impose. All of the foregoing work and all work Tenant may undertake pursuant to Sections V (a) is nonstructuralb), and VI (b) does not and XIII of this Lease shall be done in accordance with all laws, rules, regulations and ordinances applicable thereto, including, if necessary, compliance with the Americans With Disabilities Act, as amended from time to time, and the acquisition by Tenant of a Building Permit from the municipal department having jurisdiction, if required. Tenant agrees to employ for any work it may do of a material nature pursuant to Section V (ib), VI (b) affect any part and XIII of the Real Property outside this Lease, one or more responsible contractors or skilled in-house maintenance personnel. Tenant shall require all contractors employed by Tenant to carry Worker’s Compensation Insurance in accordance with statutory requirements and to carry Commercial General Liability Insurance and Automobile Liability Insurance covering such contractors in or about the Premises (including and the Building roofin amounts not less than Two Million Dollars ($2,000,000) combined single limits for property damage, for injury or death of more than one person in a single accident, and to submit certificates of insurance evidencing such coverage to Landlord prior to commencement of such work, which name Landlord as an additional insured thereunder as its interest may appear. Landlord may, during the exterior term of this Lease, increase the Premisesminimum insurance amount to such number as may be commercially reasonable under the then current circumstances. Tenant agrees to indemnify and hold harmless Landlord and its management agent from all claims, (ii) affect any structural element actions, demands and causes of the Building, (iii) adversely affect any Building system, actions occasioned by Tenant’s contractors being on or (iv) require an amendment of the certificate of occupancy for about the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of from Tenant’s Work contractors performing work in the Premises, including, but not limited to, any claims, actions, demands or causes of action asserted by any other tenants in the Building against Landlord as are cosmetic alterations (such as painting a result of breach of covenant of quiet enjoyment. All contractors, subcontractors, mechanics, laborers, materialmen, and others who perform any work, labor or services, or furnish any materials, or otherwise participate in the interior improvement of the Premises, carpetingshall be and are hereby given notice that Tenant is not authorized to subject Landlord’s interest in the Premises or the Building to any claim for mechanics’, laborers’ and materialmen’s liens, and installation of shelving and display cases) inside all persons dealing directly or indirectly with Tenant may not look to the Premises (“Cosmetic Alterations”), provided Tenant complies with or the other applicable provisions of this leaseBuilding as security for payment. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises save Landlord harmless from and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interestsagainst all expenses, liens, encumbrances claims or financing statements. Tenant’s Work shall be deemed, upon installation, damages to be improvements and betterments that become the either property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration or person which may or might arise by reason of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations making of any Authority for such workadditions, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlordimprovements, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andalterations and/or installations.
Appears in 1 contract
Sources: Lease Agreement (Ade Corp)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace any fixtures construct its leasehold improvements in the Premises or make any changesin accordance with the list of plans and specifications identified on Exhibit D. The plans and specifications so identified have been initialed by the Landlord and the Tenant and are hereby deemed to be incorporated by reference and made a part of this Lease. All work to be performed by Tenant under this Lease shall be defined by the plans and specifications and is referred to herein as "Tenant's Work". The Tenant shall obtain all necessary local and other governmental permits and approvals to perform Tenant's Work in accordance with the approved plans and specifications. The Landlord agrees to cooperate with, improvementsand assist, alterations or additions (collectively, “Tenant’s Work”), the Tenant to the Premisesextent necessary to allow the Tenant to obtain all necessary local and other governmental approvals that may be required to perform Tenant's Work. The Tenant's Work shall be performed by a general contractor acceptable to the Landlord under a written construction contract, the Real Propertyproviding for payment, the Building systems, or any part thereof, without performance and ▇▇▇▇ ▇▇▇▇▇▇▇▇’s prior consent▇ in the full amount of the contract sum. Landlord’s consent shall not All heating, ventilating and air conditioning work to be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any performed as part of the Real Property outside Tenant's Work shall be performed by a trade contractor approved in writing by the Landlord. The approval by Landlord of the general contractor and the heating, ventilating and air conditioning trade contractor shall not impose upon the Landlord any responsibility or liability whatsoever to the Tenant as a result of, or arising out of, the defaults or other acts or omissions of the general contractor or such trade contractor. All of the Tenant's Work shall be done in strict compliance with, and subject to, all of the provisions of Section 7.1 below and all changes and additions shall be part of the Building, except such items as the parties agree in writing shall be removed by the Tenant on termination of this Lease, or the Landlord agrees that the Tenant may then elect to remove or leave. Upon substantial completion of Tenant's Work (i.e., that all of Tenant's Work shall have been completed except for such minor work, touchups and adjustments as do not interfere with the Tenant's use and occupancy of the Premises (including for the Building roofconduct of its business operations) or and upon obtaining all necessary permits and approvals to permit the exterior lawful occupancy of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the including a certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such "Substantial Completion of Tenant’s Work as are cosmetic alterations ('s Work), the Tenant shall deliver to the Landlord an architect's or engineer's certificate of such as painting completion and an original certificate of occupancy, and only thereafter may the interior Tenant commence beneficial use and occupancy of the Premises, carpeting, and installation . Within thirty (30) days of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part Substantial Completion of Tenant’s 's Work, the Tenant shall soundproof furnish the Premises Landlord with "as-built" drawings showing how and install appropriate ventilation if required so that where the Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s 's Work shall be fully paid for by Tenant when payment is due was actually installed and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Workconstructed.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 1 contract
Sources: Lease (Matrixone Inc)
Tenant’s Work. Section 5.1 Except Landlord's Contribution. Upon tender of possession of the Premises, Tenant agrees to proceed with due diligence to perform the work more particularly described on Exhibit C attached hereto and incorporated herein by reference (the "Tenant's Work"), all of such work to be performed at Tenant's expense in a good and workmanlike manner and in substantial compliance with Exhibit C. Landlord, at no cost to Tenant, will make available to Tenant at reasonable times Landlord's building engineer who will assist Tenant in reviewing documents and will provide information with respect to the Building insofar as the same is necessary for the prosecution of Tenant's Work. All Tenant's Work shall be performed in accordance with the Rules and Regulations for Design and Construction of Tenant Work attached hereto as Exhibit D. Landlord will give Tenant and Tenant's contractors access to the Premises prior to the completion of Landlord's Work in order that Tenant may commence Tenant's Work provided Tenant and Tenant's contractors work in harmony with those of Landlord and do not delay the completion of Landlord's Work. Tenant's entry for the purpose of performing Tenant's Work shall be expressly provided subject to all of the terms, covenants and conditions of this Lease, including the covenant to maintain insurance, except for the covenant to pay Rent. Landlord will provide to Tenant during the period of the performance of Tenant's Work electricity, water and sewer at no charge to Tenant. During such period, Landlord will also provide, at no charge to Tenant, heating, ventilation and air conditioning ("HVAC") during normal business hours as long as it does not interfere with the supplying of HVAC to the other tenants of the Building. Landlord also agrees to reimburse Tenant for the cost of the Tenant's Work, such reimbursement not to exceed an amount equal to $5.00 multiplied by the rentable square footage of the Premises. As used herein, the term "cost of the Tenant's Work" means the actual, bona fide, direct out-of-pocket costs paid by Tenant to governmental agencies for building and similar permits, to its architect, to its contractors, sub-contractors, and to its suppliers, in this leaseconnection with the performance of the Tenant's Work. In order to receive payment, Tenant shall not replace any fixtures submit to Landlord an invoice(s), approved for payment by Tenant, generated by the general contractor, sub-contractor(s), vendor(s), or suppliers) evidencing all charges incurred to date. Landlord shall remit payment directly to the general contractor, sub-contractor, or vendor, for the amount of each invoice presented within 20 days of receipt of the invoice. Landlord shall only be obligated to disburse amounts up to the total amount of the Tenant Improvement Allowance. Once such threshold has been reached, Landlord shall so notify the Tenant, and Tenant shall assume responsibility for all remaining payments in connection with Tenant's construction. Prior to commencement of Tenant's Work to the Premises or make any changesand the Building, improvementsTenant shall deliver the plans and specifications therefor to Landlord for its written approval, alterations or additions (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent which approval shall not be unreasonably withheld withheld, conditioned or delayed if delayed. Tenant’s Work 's final plans and specifications shall replace Exhibit "C" to the Lease. Landlord shall respond to Tenant's request for approval of Tenant's plans and specifications within seven (a7) is nonstructuraldays after receipt thereof; the failure of Landlord to respond within such period shall constitute approval of such plans and specifications. In the event Landlord shall not approve the plans and specifications, Landlord shall notify Tenant of its objections thereto. Landlord and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises Tenant shall thereafter work cooperatively and (d) is performed only by contractors in good faith to reach agreement upon mutually acceptable plans and subcontractors first approved by Landlord specifications. Tenant shall engage its own contractor and/or construction manager subject to Landlord's approval (which approval shall not be unreasonably withheld withheld, conditioned or delayed)) to construct the Tenant's Work. ▇▇▇▇▇▇▇▇’s consent Tenant shall not be required with respect responsible for Landlord's own costs related to such of Tenant’s Work as are cosmetic alterations (such as painting review, construction management or supervision fees, cost or expenses related to the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Initial Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as Landlord agrees to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies reasonably assist Tenant in accordance with obtaining all necessary permits for the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenants Work from appropriate governmental authorities. Tenant shall be obligated granted access to remove the Premises during the construction of Tenant's Work 24 hours a day, 7 days a week for as long as such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans access and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing construction does not materially interfere with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval business of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval existing tenants of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andBuilding.
Appears in 1 contract
Sources: Lease (Net2000 Communications Inc)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace any fixtures in the Premises or make any changesalterations, improvementsinstallations, alterations additions or additions (collectively, “Tenant’s Work”), other changes to the Premises, the Real PropertyBuilding, the Building systems, or any part thereofthereof (collectively, "Tenant's Work"), without ▇▇▇▇▇▇▇▇’s Landlord's prior consentwritten consent in each instance, which may be withheld in Landlord's sole discretion. However, if Tenant's Work consists solely of the painting, carpeting or decorating of the Premises and will cost less than $10,000 in the aggregate, then Landlord’s 's consent shall not be unreasonably withheld required, provided (i) Tenant gives Landlord 10 days prior notice of such Tenant's Work (with reasonable details of the work to be performed), and (ii) all of the other applicable provisions of this lease shall apply. Any Tenant's Work consented to by Landlord (or delayed if Tenant’s Work permitted by the immediately preceding sentence) shall (a) is nonstructural, and (b) does not (i) affect any part of the Real Property Building outside the Premises (including the Building roof) or the exterior of the Premises, (ii) adversely affect any structural element of the Building, Building (iii) adversely affect any Building system, or (ivb) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is be performed only by contractors and or subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpetingLandlord, and installation of shelving and display cases(c) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s 's expense, with diligence when started so as to promptly complete it in a good and worker-like professional manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as any plans therefor approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing If, in connection with any act or omission of Tenant or Tenant’s Work 's employees, agents or contractors, a mechanic's lien, other than purely Cosmetic Alterationsencumbrance or violation is filed against Landlord, or any part of the Premises, the Building or Tenant's Work, Tenant shall, at Tenant’s 's expense, deliver to Landlord detailed plans and specificationshave it removed within 30 days after Tenant receives notice of the filing. Tenant shall not employ, for Tenant’s Workor permit the employment of, any contractor, subcontractor or other worker in the Premises if such employment shall, in form reasonably satisfactory to Landlord's reasonable judgment, preparedinterfere or cause conflict with other contractors, certified, signed and sealed by an architect subcontractors or engineer licensed to practice workers in the State of New YorkBuilding. Tenant shall immediately stop work or other activity if Landlord notifies Tenant that continuing such work or activity would violate Landlord's union contracts affecting the Building, and suitable for filing or create any work stoppage, picketing, labor disruption or dispute or any interference with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together business of Landlord or any tenant or occupant of the Building.
Section 5.3 Subject to Section 1.9 with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed respect to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown Furniture, on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Workbefore the Expiration Date, Tenant shall shall, at Tenant's expense, remove from the Premises and the Building (a) obtain Tenant's trade fixtures, equipment and personal property which are removable without material damage to the Premises or the Building (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work"Tenant's Property"), and (b) deliver to Landlord such security as shall be reasonably satisfactory to at the request of Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and's Work performed by Tenant.
Appears in 1 contract
Tenant’s Work. Section 5.1 Except Tenant hereby acknowledges that Tenant is currently in possession of the Initial Premises and, without limiting any of the Landlord's obligations relating to the maintenance and repair of the Premises under this Lease, Tenant accepts the Initial Premises in their current "as-is" condition as may be expressly provided in of the date of this leaseLease. Notwithstanding the foregoing, Tenant shall not replace any fixtures have the right, at Tenant's sole cost and expense (subject to Landlord's contribution of such portion of the Tenant Improvement Allowance that may be designated by Tenant for inclusion in the Existing Premises or make any changesAllowance, improvementsfrom time to time, in accordance with Section 3.1 of this Tenant Work Letter), to construct certain alterations or additions and improvements to the Premises as more particularly described from time to time in the Approved Working Drawings (collectively, the “Tenant’s WorkTenant Improvements”), as such Approved Working Drawings are to be developed by Tenant in accordance with this Section 4 of this Tenant Work Letter (with all of the Premises, work of construction of the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructuralTenant Improvements, and (b) does not (i) affect any part all related demolition, mitigation of noise, fumes and dust in occupied portions of the Real Property outside Premises and other incidental work to be performed by or for Tenant pursuant to this Tenant Work Letter, sometimes collectively referred to herein as the "Existing Premises (including Work"); provided, however, that the Building roof) or Existing Premises Work excludes any and all alterations and improvements to the exterior of the Premises, (ii) affect any structural element Buildings included in the Basis of Design of the BuildingSite Modernization/Beautification Work (as such terms are defined in Exhibit B-4 to this Lease), (iii) adversely affect any Building system, or (iv) require an amendment all of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is which are to be performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Site Modernization/Beautification Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant Letter attached as Exhibit B-4 to this ArticleLease. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andEXHIBIT B-1 .
Appears in 1 contract
Sources: Lease (Nuvasive Inc)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, 3.1 Tenant shall not replace any fixtures in the Premises or make any changesfurnish, improvements, alterations or additions (collectively, “install and complete Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s 's Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions Lease and this Exhibit B on or before the Commencement Date, or as soon thereafter using commercially reasonable efforts to complete the work. At the time the Tenant's Work is completed, Tenant, at its sole cost and expense, shall:
(a) Furnish evidence reasonably satisfactory to Landlord that all Tenant's Work has been completed and paid for in full (and such work has been reasonably accepted by Landlord), that any and all liens therefor that have been or might be filed have been discharged of this record (by payment, bond, order of a court of competent jurisdiction or otherwise) or waived, and that no security interests relating to the Tenant's Work are outstanding and provide final lien waivers from Tenant's contractor and all subcontractors whose contracts exceed $10,000.00 and a final certificate of substantial (and final) completion of the Tenant's Work.
(b) Furnish to Landlord a copy of the nonresidential certificate of occupancy and all other certifications and approvals with respect to Tenant's Work that may be required from any governmental authority and/or any board or fire underwriters or similar body for the use and/or occupancy of the Premises;
(c) Furnish Landlord with one (1) set of transparent reproducible final drawings of the Premises;
(d) Furnish to Landlord proof of the insurance required by Article 17 of the Lease;
(e) Furnish an affidavit from Tenant's Architect(s) certifying that all work performed in the Premises; has been substantially (and finally) completed in accordance with the Plans approved by Landlord; and
3.2 Tenant hereby agrees to indemnify and hold Landlord relinquishes its rights theretoharmless in accordance with the terms set forth in Section 19.2 of the Lease.
3.3 It shall be Tenant's responsibility, or CB Commercial on behalf of Tenant, to cause each of Tenant's Contractor, and subcontractors, to adhere to the rules and procedures set forth in which case Exhibit B-1 ("Tenant Contractor Requirements'), attached hereto, and the insurance requirements described in Exhibit B-2 ("Insurance Requirements'), attached hereto, and Tenant shall be obligated responsible for any violations thereof.
3.4 Prior to remove commencement of construction of the Tenant Work, Landlord shall be provided with copies of insurance certificates indicating coverages as required by Exhibit B-2 hereof are in full force and effect, copies of the Construction Contract pursuant to which Tenant's Contractor is engaged in the construction of the Tenant's Work, and AIA contractor qualification form(s) for each subcontractor. At such reasonable times as Landlord and/or any regulatory agencies deem necessary, Landlord or Landlord's agent may enter the Premises to make inspection of Tenant’s 's Work. Tenant agrees to pay for any reasonable charges levied by inspecting agencies as such charges are levied in connection with the Tenant's Work.
Section 5.2 Prior to commencing any 3.5 In connection with Tenant’s Work other than purely Cosmetic Alterations's rights and obligations under this Exhibit B, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect will not unreasonably obstruct or engineer licensed to practice in the State of New York, and suitable for filing interfere with the applicable Authorityrights of, if filing or otherwise annoy or injure, other tenants at the Building.
3.6 Time is required by applicable Laws (such plans and specifications together of the essence with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed respect to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to obligations of the parties under this ArticleLease. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andEXHIBIT B-1 TENANT CONTRACTOR REQUIREMENTS ------------------------------
Appears in 1 contract
Tenant’s Work. Section 5.1 Except as may be expressly provided otherwise specified as included in this lease, Tenant shall not replace any fixtures Landlord’s Work as set forth above or in the Premises or make any changes, improvements, alterations or additions (collectivelyLease, “Tenant’s Work”), ” shall consist of all other work to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting done in the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this leasepursuant to Tenant’s Plans. Tenant’s Work shall not include the work to the shell and core of the Premises, which are to be performed, at Tenantprovided by Landlord as part of Landlord’s expense, with diligence when started so Work. Except as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and the Tenant’s Plans (as defined in Section 5.2) as which are to be approved by LandlordLandlord pursuant to the terms of the Lease, Tenant shall have the right to construct the restaurant and other improvements within the Premises as Tenant may elect in its sole discretion as may be necessary or desirable to Tenant for Tenant’s business at the Premises. As part Landlord may impose covenants, conditions and restrictions (“CC&Rs”) and reasonable rules and regulations relating to Tenant’s Work (provided that no such CC&Rs or rules and regulations shall dictate any aspects of Tenant’s interior aesthetics or design) to the extent necessary to prevent the unreasonable interference with the use of the adjoining premises by other tenants and occupants of the Hotel Complex, including CC&Rs and rules and regulations designed to prevent unreasonable noise or vibrations from emanating from the Premises; provided, however, that (i) such CC&Rs shall not require Tenant to pay premium off-hours rates or overtime in order to cause the completion of Tenant’s Work, and (ii) such CC&Rs and rules and regulations shall be non-discriminatory and shall not be applied against Tenant in a discriminatory manner. During the performance of Tenant’s Work, Tenant shall soundproof remove trash and debris from the Premises as is reasonable under the circumstances and install appropriate ventilation if required so that deposit the same in trash receptacles to be provided by Landlord (at no cost to Tenant’s use of the Premises ) in a location mutually agreed to between Landlord and Tenant, and Landlord shall not result in noise and/or odors being transmitted outside the Premisescause such receptacles to be emptied and trash removed. The Tenant’s Work shall be fully paid for performed by Tenant when payment is due licensed contractors selected by Tenant, and constructed in a first-class and good and workerlike manner, using new materials, and in compliance with all applicable laws. Nobu - Landlord shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration allow another tenant of the Term Resort to operate a restaurant with a menu consisting primarily of Japanese cuisine during the Lease Term. This Memorandum of Lease is dated the day of , 200 and is by and between PM Realty LLC, a Nevada limited liability company and Hard Rock Hotel, Inc., a Nevada corporation (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s PlansLandlord”), ) and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval ▇ of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Las Vegas, LLC, a Nevada limited liability company (“Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and”).
Appears in 1 contract
Sources: Lease (Hard Rock Hotel Inc)
Tenant’s Work. Section 5.1 Except as may be expressly provided This Article 54 shall not apply to any work performed by Landlord pursuant to Exhibit E hereof.
A. Prior to Tenant's commencing any work pursuant to this Article or any structural work or work relating to the building's systems in this leasethe Demised Premises, Tenant shall not replace any fixtures in the Premises or make any changessubmit to Landlord for Landlord's written approval, improvements, alterations or additions (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed, drawings, plans and specifications including, but not limited to, plans for the entranceways, use of window areas, signage and other architectural plans (herein collectively referred to as "Tenant's Plan") for or in connection with the improvements, installations, additions, alterations and decorations to be made by Tenant (herein collectively referred to as "Tenants Work"). ▇▇▇▇▇▇▇▇’s Tenant shall also submit to Landlord for its written approval a list of contractors, subcontractors, and copies of contracts and subcontracts for Tenant's Work ("Tenant's Contracts"). Tenant's Plan shall be fully detailed, shall show complete dimensions, shall not require any changes in the structure of the building and shall not be in violation of any laws, orders, rules or regulations of any governmental department or bureau having jurisdiction of the Demised Premises. Landlord's consent shall not be required for decorative or non-structural work of Tenant (other than wallpaper or paneling or non-structural work which by applicable law requires a permit) costing less than $25,000.00 in the aggregate, which does not affect any Building systems or structure of the Building [unless the paint used is a color other than white or off-white], however, Landlord must receive no less than three (3) business days written notice of said decorative work along with respect proper certificates of insurance from the contractor).
B. Within ten (10) business days after submission to Landlord of Tenant's Plan and Tenant's Contracts, Landlord shall either approve same or shall set forth in writing the particulars in which Landlord does not approve same, in which latter case Tenant shall, within ten (10) business days after Landlord's notification, return to Landlord appropriate corrections thereto. Such corrections shall be subject to Landlord's approval. Tenant shall pay to Landlord, promptly upon being billed, any reasonable charges or expenses Landlord may incur in reviewing Tenant's Plan and Tenant's Contracts and/or insuring compliance therewith.
C. Tenant further agrees that Tenant shall not make any changes (except to a deminimus extent) in Tenant's Plan or Tenant's Contracts subsequent to approval by Landlord unless Landlord consents to such changes which consent shall not be unreasonably withheld, delayed or conditioned. Tenant shall pay to Landlord all costs and expenses caused by such changes which Landlord may incur or sustain in Landlord's Work (if any) or in the performance by Landlord of any construction or work it is performing in the Building; Landlord shall have the right to refuse to consent to any such changes if in the reasonable judgment of Landlord or Landlord's Architect (defined below) such changes materially deviate from Tenant's Plan theretofore approved by Landlord in a manner that will adversely affect the structural integrity of the Building or the proper functioning of any Building systems or otherwise violate the terms of this Lease. Any charges payable under this Section C or the preceding Section B shall be paid by Tenant from time to time within twenty (20) days following as Additional Rent, whether or not the Rent Commencement Date has occurred.
D. Following compliance by Tenant with its obligations under the foregoing Sections and approval of Tenant’s 's Plan and Tenant's Contracts by Landlord, Tenant shall commence Tenant's Work as are cosmetic alterations (such as painting the interior and it shall proceed diligently with same, in order to complete same within a reasonable period of the Premises, carpeting, time using new first class materials and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and workmanlike manner.
E. Tenant agrees that in the performance of Tenant's Work (a) neither Tenant nor its agents or employees shall interfere with the work being done by Landlord and its contractors, agents and employees, (b) that Tenant shall comply with any reasonable work schedule, rules and regulations proposed by Landlord, its agents, contractors or employees, (c) that the labor employed by Tenant shall be harmonious and compatible with the labor employed by Landlord in the Building, it being agreed that if in Landlord's judgment the labor is incompatible Tenant shall forthwith upon Landlord's demand withdraw such labor from the premises, (d) that prior to commencing Tenant's Work, Tenant shall procure and deliver to Landlord worker-like manner using new materials 's compensation, public liability, property damage and such other insurance policies, in such amounts as shall be reasonably acceptable to Landlord in connection with Tenant's Work, and shall upon Landlord's request cause Landlord, its managing agent, and any holder of first class quality a Superior Mortgage and lessor under a Superior Lease to be named as an additional insured thereunder, (e) that prior to commencing Tenant's work, Tenant shall obtain the necessary consents, authorizations and licenses from municipal or any other government authorities having jurisdiction of the Building or premises necessary for Tenant's operations, improvements and alterations and that no work shall be started or equipment installed unless and until all necessary consents, authorizations and licenses shall have been obtained by Tenant and by Tenant's contractors, (f) that Tenant shall hold Landlord harmless from and against any and all claims arising from or in connection with any act or omission of Tenant or its agents, contractors and employees, (g) that Tenant's Work shall be performed in accordance with the approved Tenant's Plan and in compliance with this leasethe laws, all Laws orders, rules and regulations of any governmental department or bureau having jurisdiction of the Demised Premises and Tenant immediately shall correct at Tenant’s Plans 's sole cost and expense any nonconforming work, (as defined h) that Tenant promptly shall pay for Tenant's Work in Section 5.2) as approved by full, to the extent payable under any contract with respect to Tenant's Work between Tenant and any third party hereunder, and to the extent that such payment is not the responsibility of landlord, and, at Landlord. As part 's option, that Tenant shall provide for the removal and/or bonding of any lien to attach to the Demised Premises or the Land and/or Building.
F. In the event that the "hard" cost of Tenant’s Work's Work shall exceed $50,000.00, in addition to complying with all other provisions hereof, Tenant shall soundproof (a) furnish Landlord with a contract in assignable form made with a reputable and responsible contractor, providing for the completion of all work, labor and materials necessary to complete Tenant's Work in accordance with Tenant's Plan; and (b) furnish Landlord with an assignment of the contract so furnished, duly executed and acknowledged by Tenant, by its terms to be effective upon any termination of this Lease or upon Landlord's re-entry upon the Demised Premises following a default by Tenant beyond applicable notice and grace periods prior to the complete performance of such contract, such assignment also to include the benefit of all payments made on account of said contract including payments made prior to the effective date of such assignment.
G. Landlord may, at any time and from time to time, at Tenant's reasonable expense, in addition to any other right of access given to Landlord pursuant to the terms of this Lease, enter upon the Demised Premises with one or more engineers and/or architects of Landlord's selection (collectively, "Landlord's Architect") to determine the course and degree of completion of Tenant's Work and its compliance with Tenant's Plan and the terms and conditions of this Lease.
H. Notwithstanding anything to the contrary contained in the foregoing, if there are presently any asbestos ("Hazardous Material") in the Premises which are in violation of any applicable law, rule or regulation, Landlord shall remove, at its sole cost and install appropriate ventilation if required so that expense, said Hazardous Material(s) or take such steps to make the Hazardous Material(s) comply with all applicable laws, rules or regulations and other requirements relating to any Hazardous Materials, which are imposed by any governmental authority ("Requirements") as of Commencement Date #1 and Commencement Date #2 (as the case may be). Supplementing the above, Tenant shall be obligated, at Tenant’s use of 's own cost and expense, to comply with Requirements relating to Hazardous Material(s) which are hereafter imposed by any governmental authority, insofar as the Premises shall not result in noise and/or odors being transmitted outside same affect the Demised Premises. Tenant further agrees, however, that in addition to its other obligations set forth herein relating to Hazardous Materials(s), if any, in the Demised Premises, in the event any Tenant’s 's Work causes or results in said Hazardous Materials(s) to be in violation of an applicable law, rule or regulation, Tenant shall be fully paid for by Tenant when payment is due immediately remove, at its sole cost and shall not be financed expense, said Hazardous Materials(s) or take such steps to make the Hazardous Materials(s) comply with any conditional sales the applicable law, rule or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work regulation.
I. Nothing contained in this Lease shall be deemed, upon installationconstrued or interpreted to imply any consent or agreement on the part of Landlord to subject Landlord's interest or estate to any liability under any mechanics's or other lien law. If any mechanic's or other lien or any notice of intention to file a lien is filed against the Premises or any part thereof, for any work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Premises through or under Tenant, Tenant shall cause the same to be canceled and discharged of record by payment, bond or order of a court of competent jurisdiction within thirty (30) days after notice by Landlord to Tenant.
J. Tenant covenants and agrees that it shall make improvements and betterments alterations to the Demised Premises as set forth below. Tenant acknowledges that become the property Tenant's agreements as herein set forth constitute a substantial obligation of Tenant and a material inducement for Landlord at installation, to enter into this Lease and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination but for this inducement Landlord would not enter into this Lease. A breach of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant covenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterationsdeemed a material default under the Lease. Accordingly, Tenant shall, subject to Landlord's approval as required under this Article, perform the following work to the Demised Premises: Tenant shall reinforce the floor load capacity of any area of the Demised Premises which contains telecommunications equipment of Tenant not supported by the fifty (50) pound per square foot floor load of the Premises ("Reinforcement") at Tenant’s 's own cost and expense. Tenant shall give Landlord no less than ten (10) business days prior written notice of the Reinforcement with copies of proposed plans for Landlord's approval, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans which shall not be unreasonably withheld or delayed delayed. As-built plans shall be submitted to Landlord by Tenant upon the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is completion of the Reinforcement. The Reinforcement shall not to interfere with the use of the Building by other tenants and shall be unreasonably withheld or delayed pursuant to done at times other than Regular Business Hours.
K. Without in any manner whatsoever limiting the terms and provisions of this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord herein must supply copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor items and subcontractor: (i) worker’s compensation insurance covering comply with all persons to proper codes which compliance shall include but not be employed in the performance of any Tenant’s Work, andlimited to:
Appears in 1 contract
Sources: Office Building Lease Agreement (Broadview Networks Holdings Inc)
Tenant’s Work. Section 5.1 Except as may be expressly provided in Tenant and its authorized agents, employees and contractors shall have the right, at Tenant’s own risk, expense and responsibility, at all reasonable times after the full execution of this lease, Tenant shall not replace any fixtures in Lease and completion of the Shell Lab Area to enter the laboratory portion of the Premises or make any changesfor the purpose of constructing the Tenant Work, improvementsprovided that Tenant, alterations or additions (collectivelyin so doing, “Tenant’s Work”), to shall comply with the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not following provisions:
(i) affect any part Tenant shall first obtain the approval of the Real Property outside the Premises (including the Building roof) or the exterior of the PremisesLandlord, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not to be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent , of the specific work it proposes to perform and shall not be required furnish Landlord with respect to such of reasonably detailed plans and specifications;
(ii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations, and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as are cosmetic alterations additional insureds) with limits satisfactory to Landlord;
(iii) No such work shall be performed in such manner or at such times as painting the interior to cause any delay in connection with any work being done by any of the PremisesLandlord’s contractors or subcontractors in the Premises or in the Building generally;
(iv) All construction contracts for Tenant’s Work must include language holding the Landlord harmless from and against any and all claims arising from, carpetingunder or in connection with such construction; and
(v) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and installation of shelving for any damage caused by them to any installations or work performed by Landlord’s contractors and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this leasesubcontractors. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, deemed to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this an Alteration under Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work8 hereof.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 1 contract
Sources: Lease (Celsion CORP)
Tenant’s Work. Section 5.1 Except as may In the event Tenant desires to perform any work in order to prepare the Premises for Tenant’s occupancy, such work shall be expressly provided completed in this leaseaccordance with plans and specifications submitted to and approved by Landlord, and Tenant shall not replace any fixtures in the Premises or make any changes, improvements, alterations or additions perform all such work at Tenant’s sole cost and expense (collectively, the “Tenant’s Work”). Landlord shall permit Tenant and Tenant’s agents or independent contractors to enter the Premises prior to the Commencement Date for the limited purpose of allowing Tenant to conduct and install Tenant’s Work. Such entry by Tenant shall be subject to the condition that (i) Tenant shall maintain, in full force and effect, the insurance policy or policies required under the Lease; and (ii) Tenant shall pay for any utilities required solely by Tenant in connection with Tenant’s access to the Premises, . Tenant agrees that any such entry into the Real Property, Premises for the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part limited purposes of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performeddeemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to the covenant to pay Rent. Tenant further agrees that to the extent permitted by law, Landlord and its principals shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s Property (as hereinafter defined) or installations made in the Premises or loss or damage to property placed therein prior to the Commencement Date, the same being at Tenant’s expensesole risk, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article except that Landlord relinquishes (and not its rights thereto, in which case principals) may be liable to Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed but only to the extent ▇▇▇▇▇▇▇▇of its willful misconduct or gross negligence. All of the foregoing shall be subject to Landlord’s consent reasonable approval. Such access shall be subject to ▇▇▇▇▇▇’s Work shown on scheduling by Landlord, but Landlord shall make reasonable efforts to comply with Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority schedule for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and.
Appears in 1 contract
Tenant’s Work. Section 5.1 Except So long as may be expressly Landlord has approved Tenant's Plans in writing, as hereinabove referenced, Landlord and Tenant agree that Landlord's general contractor will construct the tenant improvements set forth on the Tenant's Plans (hereinafter "Tenant's Work") with respect to the Premises at cost (as hereinafter defined), plus a Landlord's contractor's fee of five and one half percent (5 1/2%) of such aggregate cost as hereinafter provided. In order to provide for payment by Tenant of the cost of Tenant's Work, the Net Additional Cost of Landlord's Work, and any additional costs due to Change Orders provided in this leasefor hereunder, Tenant shall not replace expressly covenants with Landlord that Tenant agrees to pay Landlord, or its contractor, as the case may be, within ten (10) business days of receipt of each of Landlord's monthly Tenant's Work requisitions therefor, the amount of such requisition for the Tenant's Work, the Net Additional Cost of Landlord's Work, and/or any fixtures Change Orders, performed in the Premises or make any changesfor the preceding month based on a percentage of completion basis. Such requisitions shall not include the five (5%) percent retainage of all payments to be made to subcontractors until such subcontractors have fully completed their work. At Tenant's request, improvementseach requisition shall include copies of all subcontractor's and supplier's applications for payment and satisfactory evidence of payment of all previous invoices submitted by subcontractors and suppliers. In addition, alterations or additions (collectivelyLandlord's architect shall certify that the subject work specified in each of such monthly requisitions has been substantially completed, “and a copy of such certification shall accompany each requisition furnished to Tenant hereunder. In the event Tenant’s Work”)'s Architect disagrees with the Landlord's architect's certification as set forth in the immediately preceding sentence, then such disagreement shall be resolved pursuant to the Premises, provisions of Section 3.6 hereof except that the Real Property, time for each architect to establish the Building systemsamount in dispute shall be six (6) calendar days. In no event shall any of such costs due and payable hereunder remain unpaid by Tenant for more than fifteen (15) days after receipt of such Landlord's requisition, or any part thereofas of the Term Commencement Date. For purposes hereof, without Landlord and Tenant further agree that the certification of cost by Guti▇▇▇▇▇ ▇▇▇▇’s prior consentstruction Co., Inc. shall be based on the definition of cost as more particularly set forth in Exhibit L hereto. Landlord’s consent shall not be unreasonably withheld or delayed if Any changes to the Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part 's Plans after the approval of the Real Property outside Tenant's Plans (and any changes to Landlord's Plans after the Premises (including the Building roofapproval thereof as set forth in Section 3.1 above) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the form of Change Order attached hereto as Exhibit K. In addition, in the event that Landlord and Tenant are unable to agree on the cost of any portion of Tenant's Work hereunder, any disagreement shall be resolved pursuant to the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Section 3.6 hereof. Upon commencement of the Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s 's Work, Landlord and Tenant hereby further agree, each acting reasonably and in form reasonably satisfactory good faith, to attend and participate in weekly construction meetings with Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws ('s general contractor's construction manager(s) during such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andconstruction process.
Appears in 1 contract
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace perform any fixtures in the Premises or make any changes, improvements, alterations or additions and all work associated with New Improvement Work (which is Tenant’s responsibility) (collectively, “Tenant’s New Improvement Work”)) in accordance with the Construction Documents, to the Premisesas defined in Section 2 of this Work Letter, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent and shall not be unreasonably withheld or delayed if cause Completion (as defined below) of all such Tenant’s New Improvement Work. Tenant shall obtain all necessary permits and licenses required in connection with Tenant’s New Improvement Work, and shall cause all Tenant’s New Improvement Work to be completed in accordance with applicable laws. Tenant shall comply with each of those provisions of the Existing Lease pertaining to mechanics’ liens. “Completion” means, with respect to any phase of Tenant’s New Improvement Work, (a) is nonstructural, and (b) does not (i) affect any part the construction of the Real Property outside applicable phase of Tenant’s New Improvement Work is completed substantially in accordance with the Premises Construction Documents and in accordance with all applicable local, state and federal laws, codes, rules, regulations and ordinances, as evidenced by the issuance by the municipality of a certificate of occupancy (including or its equivalent) permitting the Building roof) or the exterior occupancy of the Premises, (ii) affect any structural element entirety of the Building, applicable phase of Tenant’s New Improvement Work without material condition or qualification (iii) adversely affect any Building system, or (iv) require an amendment of it being agreed that the certificate of occupancy may be a temporary certificate of occupancy so long as such temporary certificate of occupancy permits occupancy without risk of revocation due to failure to complete any “punch list” items); (b) all claims for work performed or materials provided for the Premises or construction of the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s New Improvement Work have been paid in full, as are cosmetic alterations (such as painting the interior of the Premises, carpeting, evidenced by lien releases and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term lien waivers (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form evidence reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect ) from all persons providing such work or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, materials; and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andso-called “punch list” items have been completed.
Appears in 1 contract
Sources: Lease Agreement (Penumbra Inc)
Tenant’s Work. Section 5.1 Except Any improvements which Tenant desires to make to the Premises subsequent to the commencement of the term of this Lease shall require Landlord’s prior written consent pursuant to the provisions of, and shall be performed by Tenant as may be expressly provided Alterations in this leaseaccordance with the requirements of ARTICLE 6, provided, however, that Landlord shall not unreasonably withhold or condition its consent to the making of any such initial tenant improvements Tenant shall not replace any fixtures in the Premises or make any changesbe responsible for obtaining all governmental approvals, improvements, alterations or additions (collectively, “permits and licenses required for such work and for Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, use and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior occupancy of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the including without limitation a certificate of occupancy for or its equivalent and shall provide Landlord with a copy of all such approvals, permits, licenses and certificates. Additionally, Tenant agrees that if any work must be undertaken within the Premises in order for Landlord or any other tenant in the BuildingBuilding to be able to obtain a certificate of occupancy or its equivalent for any other portion of the Building (such as, ( cby way of example only, life safety work), Tenant will, promptly upon its receipt of written notice from Landlord identifying such work, commence such work and thereafter diligently pursue the same to completion (such work in any event to be completed within thirty (30) is not visible outside days after Landlord’s written notice), all such work to be performed at Tenant’s sole cost and expense. If Tenant fails to promptly commence, pursue and complete all such work identified in Landlord’s written notice, Landlord shall have the right to enter the Premises without further notice to Tenant and (d) is performed only by contractors perform such work at the expense of Tenant, and subcontractors first approved all costs and expenses incurred by Landlord in performing such work, together with interest thereon at the rate specified in Section 4.9 from the date incurred by Landlord until paid in full by Tenant, shall be paid by Tenant to Landlord within thirty (which approval shall not be unreasonably withheld or delayed). 30) days after submission of a ▇▇▇▇▇▇▇▇’s consent ▇ or statement therefor. Promptly following written request from Tenant, Landlord shall not be required cooperate with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales no additional cost or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory expense to Landlord, preparedin obtaining any such governmental approvals, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andlicenses.
Appears in 1 contract
Sources: Lease Agreement
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace any fixtures in the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part shall be installed in a manner that conforms with the Premises Contractor’s and/or subcontractor’s schedule for completion of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this leaseImprovements. Tenant’s Work shall be performed, at handled in such a manner as to maintain harmonious labor relations and as not to interfere with or delay construction of the TI Work or other Landlord work for other tenants in the Building. No portion of the TI Work shall be dependent upon completion of any Tenant’s expense, Work and the TI Work shall have priority over any Tenant’s Work; provided Landlord shall cause the Premises Contractor to use commercially reasonable efforts (which shall not include increased costs or liability to Landlord) to cooperate with diligence when started Tenant so as to promptly complete it allow completion of Tenant’s Work in a good timely and worker-like efficient manner using new materials of first class quality without unreasonable delay or additional material cost. The contractors, subcontractors and in compliance with this lease, all Laws and materialmen performing Tenant’s Plans Work shall be subject to prior reasonable approval by Landlord and shall be subject to the reasonable administrative supervision of Landlord and reasonable and customary non-discriminatory rules of the site. In no event will a decision not to use non-union contractors if the Building or Building is a union site be discriminatory. Contractors, subcontractors and materialmen performing Tenant’s Work shall take all necessary steps to insure, so far as may be possible, the progress of the work without interruption on account of strikes, work stoppage or similar causes for delay. In the event that the contractors or subcontractors performing Tenant’s Work do not promptly cause any pickets to be withdrawn and all other disruptions to the operations of the Building promptly to cease, or in the event that Landlord notifies Tenant that Landlord has in good faith concluded that picketing or other disruptive activities are an imminent threat, Tenant shall immediately cause the withdrawal from the job of all its contractors, subcontractors or materialmen involved in the dispute. Any delay caused to the Premises Contractor attributable to Tenant’s Work shall constitute Tenant Delay (as defined in Section 5.2) as approved by Landlord. As part 2.2 of Tenant’s Workthe Lease), and in addition to the obligations set forth elsewhere herein, Tenant shall soundproof the Premises be obligated to pay all cost and install appropriate ventilation if required so that Tenant’s use expense incurred by Landlord in connection therewith, including lost rental income. No portion of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall taken into account in determining whether or not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s WorkPremises are Substantially Complete.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 1 contract
Sources: Lease (Cray Inc)
Tenant’s Work. Section 5.1 Except Landlord’s Work does not include the following items, which shall be Tenant’s responsibility and Tenant’s sole cost and expense and which is herein referred to as may be expressly provided in this lease, Tenant shall not replace any fixtures in the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”: telephone systems, telephone cabling, computer systems, computer cabling, personal property, including, but not limited to, furniture, work stations, including the installation thereof, televisions, appliances, computers, audio/visual equipment and similar items. Landlord: /s/ JW Tenant: /s/ MS
1. The sidewalks, halls, passages, elevators and stairways shall not be obstructed by Tenant or used for any purpose other than for ingress to and egress from the Demised Premises. The halls, passages, entrances, elevators, stairways, and balconies are not for the use of the general public, and Landlord shall in all cases retain the right to control and prevent access thereto of all persons whose presence in the judgement of Landlord shall be prejudicial to the safety, character, reputation and interests of the Building and its tenants, provided, that nothing herein contained shall be construed to prevent such access to persons with whom Tenant normally deals in the ordinary course of its business unless such persons are engaged in illegal activities. Tenant and its employees shall not go upon the roof of the Building without the written consent of Landlord.
2. The sashes, sash doors, windows, glass lights, and any lights or skylights that reflect or admit light into the halls or other Common Areas of the Buildings shall not be covered or obstructed. The toilet rooms, water and wash closets and other water apparatus shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind whatsoever shall be thrown therein, and the expenses of any breakage, stoppage or damage, resulting from the violation of this rule shall be borne by Tenant who, or whose clerk, agents, employees, servants, or visitors, shall have caused it.
3. Use of Building standard blinds shall be required on all windows in the Demised Premises. Any curtains used by Tenant must be placed on the office side of the blinds. If Landlord, by notice in writing to Tenant, shall object to any curtain, blind, shade or screen attached to, or hung in, or used in connection with, any window or door of the Demised Premises, such use of such curtain, blind, shade or screen shall be discontinued forthwith by Tenant. No awnings shall be permitted on any part of the Demised Premises.
4. No safes or other objects heavier than the lift capacity of the freight elevators of the Building shall be brought into or installed on the Demised Premises. Tenant shall not place a load upon any floor of the Demised Premises which exceeds the load per square foot which such floor was designed to carry and which is allowed by law. The moving of safes shall occur only between such hours as may be designated by, and only upon previous notice to, the manager of the Building, and the persons employed to move safes in or out of the Building must be acceptable to Landlord. No freight, furniture or bulky matter of any description shall be received into the Building or carried into the elevators except during hours and in a manner approved by Landlord.
5. Tenant shall not use, keep, or permit to be used or kept any foul or noxious gas or substance in the Demised Premises, or permit or suffer the Demised Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Building by reason of noise, odors, and/or vibrations, or interfere in any way with other tenants or those having business therein, nor shall any animals or birds (except Seeing Eye Dogs) be brought into or kept in or about the Building. Tenant shall not place or install any antennae or aerials or similar devices outside of the Demised Premises.
6. Tenant shall not use or keep in the Building any inflammable substances or chemicals such as kerosene, gasoline, naphtha and benzene (except cleaning fluids in small quantities and when in containers approved by the Board of Fire Underwriters), or explosives or any other articles of intrinsically dangerous nature, or use any method of heating other than that supplied by Landlord.
7. If Tenant desires telephone or telegraph connections or alarm systems, Landlord will direct electricians as to where and how the wires are to be introduced. No boring or cutting for wires or otherwise shall be made without specific directions and approvals from Landlord.
8. Tenant, upon the termination of the tenancy, shall deliver to Landlord all the keys of offices, rooms and toilet rooms which shall have been furnished Tenant or which Tenant shall have had made, and in the event of loss of any keys so furnished shall pay Landlord therefor.
9. Tenant shall not put down any floor covering in the Demised Premises without Landlord’s prior approval of the manner and method of applying such floor covering.
10. On Sundays and legal holidays, and on other days between the hours of 6 p.m. and 8 a.m., access to the PremisesBuilding, and/or to the Real Propertyhalls, corridors, elevators or stairways in the Building, and/or to the Demised Premises may be refused unless the person seeking access is known to the watchmen of the Building systems, in charge and has a pass or is properly identified. Landlord shall in no case be liable for damages for the admission to or exclusion from the Building of any part thereof, without person whom ▇▇▇▇▇▇▇▇’s prior consent▇ has the right to exclude under Rule 1 above. Landlord’s consent In case of invasion, mob, riot, public excitement, or other commotion, Landlord reserves the right to prevent access to the Building during the continuance of the same by closing the doors or otherwise, for the safety of tenants or Landlord and protection of property in the Building.
11. Tenant assumes full responsibility for protecting its Demised Premises from theft, robbery and pilferage which includes keeping doors locked and windows and other means of entry to the Demised Premises closed.
12. Tenant shall not be unreasonably withheld alter any lock or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect install a new or additional lock or any part bolt on any door of the Real Property outside the Demised Premises (including the Building roof) or the exterior without prior written consent of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s WorkIf Landlord shall give its consent, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid each case furnish Landlord with a key for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Worklock.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 1 contract
Sources: Lease (ASC Acquisition LLC)
Tenant’s Work. Section 5.1 Except as may (i) All work not within the scope of the Approved Construction Documents, including without limitation delivery, furnishing and installation of (A) telephone or other communications lines, cables and equipment; (B) computer or office equipment and the cabling associated with same; (C) furniture or fixtures of the Tenant; and (D) security equipment, shall be expressly considered "Tenant's Work" and shall be furnished and installed by Tenant at Tenant's expense.
(ii) Tenant and its agents shall have the right, at Tenant's own risk, expense and responsibility to enter the Building: (i) not later than the Delivery Date (or earlier if the Building is completed to the extent necessary to permit such entry), for the purpose of furnishing and installing telephone, computer or other communications lines and cables and installing its fixtures and equipment; provided in that Tenant does not interfere with or delay the work to be performed by Landlord, Tenant uses contractors and workers compatible with the contractors and workers engaged by Landlord, and Tenant obtains Landlord's prior written consent and, if such entry is prior to the Commencement Date, such entry shall be subject to all the terms and conditions of this lease, except the payment of Rent. Further, Tenant's Work shall be subject to the following conditions:
(1) At least ten (10) days prior to commencement of Tenant's Work, Tenant shall not replace any fixtures in deliver to Landlord a certificate of insurance for each of Tenant's contractors evidencing adequate insurance coverage naming Landlord and Landlord's agent as additional insureds.
(2) In addition to the right of Landlord and its Agents to inspect the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions set forth in Section 11 of this lease. , Landlord and its Agents shall have the right to conduct a walk-through inspection of the Premises as completed by Tenant’s Work .
(3) The warranties from Tenant's contractor(s) shall be performed, at Tenant’s expense, with diligence when started so for the benefit of Landlord as well as Tenant and Tenant shall deliver such warranties to promptly complete it Landlord upon receipt.
(4) All construction shall be done in a good and worker-like workmanlike manner using new materials and shall comply at the time of first class quality and in compliance completion with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by LandlordRequirements. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) of all required certificates of occupancy, permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons licenses required to be employed issued by any authority in the performance of any connection with Tenant’s Work, and's construction.
Appears in 1 contract
Tenant’s Work. Section 5.1 Except as may be expressly provided in this leaseTenant, Tenant at its sole cost and expense, shall not replace any fixtures install in the Premises or make any changesall furniture, improvementsmovable partitions, alterations or additions (collectivelyshelves, work stations, appliances, equipment, trade fixtures, security systems, and other personal property required for the operation of Tenant’s business and shall complete all other work which may be described as “Tenant’s Work”), to ” in Exhibit B. Tenant shall commence the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such construction of Tenant’s Work as are cosmetic alterations (such as painting the interior promptly upon substantial completion of the PremisesLandlord’s Work, carpetingif any, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this leaseshall diligently prosecute such construction to completion. Tenant’s Work is considered an alteration, change or addition to the Premises which has been approved by Landlord and shall be performedperformed in accordance with the provisions of Article 10 of this Lease and Exhibit B to this Lease. Tenant shall obtain, at its own expense, such licenses, permits, and other governmental approvals necessary to complete Tenant’s expense, with diligence when started so as to promptly complete it in a good Work and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and operate Tenant’s Plans (as defined business, including, but not limited to, the payment of any fees to the City in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof which the Premises and install appropriate ventilation if is located required so that for Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premisesas contemplated by this Lease. Upon request, Landlord may permit Tenant to commence Tenant’s Work shall be fully paid for by Tenant when payment is due and prior to Landlord’s delivery of possession of the Premises, provided that (i) Tenant’s activities do not interfere with Landlord’s contractor or other tenants of the Complex, (ii) Landlord shall not be financed with any conditional sales liable to Tenant for damage to or title retention agreements or by the granting loss of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemedfixtures, upon installationequipment or furnishings, to be improvements and betterments that become Tenant accepting the property of Landlord at installationfull risk for such damage or loss, if any, and (iii) Tenant shall remain upon and be surrendered comply with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the all applicable provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s WorkLease.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 1 contract
Sources: Office Lease (Dance Biopharm, Inc.)
Tenant’s Work. Section 5.1 Except as may be expressly provided Landlord shall permit Tenant and Tenant’s agents or approved contractors to enter the Expansion Space from and after the Effective Date for the purpose of allowing Tenant to perform: alterations, additions and improvements to the Expansion Space in this leaseorder to prepare the Expansion Space for Tenant’s use and occupancy along with alterations, additions and improvements to other areas of the Leased Premises desired by Tenant shall not replace any fixtures in (the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), . Such entry by Tenant shall be subject to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not condition that (i) affect any part Tenant shall maintain, in full force and effect, the insurance policy or policies required of Tenant under the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, Lease; and (ii) affect except as otherwise provided herein, Tenant shall pay for any structural element utilities required solely by Tenant in connection with Tenant’s access to the Expansion Space. Tenant agrees that any such entry into the Expansion Space for the purposes of the Building, (iii) adversely affect any Building system, or (iv) require an amendment performance of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performeddeemed to be under all of the terms, covenants, conditions and provisions of the Lease. Tenant further agrees that to the extent permitted by law, the Landlord, its agents, employees and contractors shall not be liable in any way for any injury or death to any person or persons, loss or damage to any of Tenant’s installations made in the Expansion Space or loss or damage to property placed therein, the same being at Tenant’s expensesole risk, with diligence when started so as to promptly complete it in a good except that Landlord (and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2not its principals) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by liable to Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed but only to the extent ▇▇▇▇▇▇▇▇of its willful misconduct or negligence or Landlord’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to breach of its obligations under this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andLease.
Appears in 1 contract
Sources: Lease Agreement (ExactTarget, Inc.)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this leaseAt least fifteen (15) days prior to Substantial Completion of the Landlord’s Work, Tenant at its own risk and expense and at no cost to Landlord, shall not replace any have the right to enter the Building and Additional Expansion Space to install Tenant’s Cabling and Tenant’s furniture, decorations, furnishings, trade fixtures and equipment (“Tenant’s FF&E”) in the Premises Additional Expansion Space necessary for conduct of its business as permitted in the Lease. All such installation of Tenant’s FF&E and all other work performed by Tenant in or make any changes, improvements, alterations or additions for the Additional Expansion Space (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and performed in compliance with all provisions and requirements of this leaseLease including, all Laws but not limited to, Section 3 and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation6 thereof, and shall remain upon and be surrendered with the Premisesusing qualified, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form contractors reasonably acceptable to Landlord) evidencing . Tenant shall not engage any labor to perform Tenant’s Work which conflicts with the following insurance coverages from each contractor and subcontractor: (i) workertype of labor engaged by Landlord to perform Landlord’s compensation insurance covering all persons to be employed Work or any other work in the Building, and Tenant shall cease use of any such conflicting labor immediately on Landlord’s request. Tenant shall perform Tenant’s Work in such a manner so as not to damage, delay or interfere with Landlord’s Work. Any damage to Landlord’s Work or to the Additional Expansion Space caused by Tenant and/or its Permittees shall be promptly repaired by and at the sole expense of Tenant. Any failure of Tenant and/or its Permittees to comply with the terms of this Section shall be deemed a Tenant Delay for purposes of the Lease, as modified by this Amendment. Tenant shall not commence performance of any Tenantwork or installation of any of its property in the Additional Expansion Space, nor apply for any permits that would delay Landlord’s Work or acquisition of permits therefor, until notified in writing by Landlord that Tenant may commence such activities. Landlord will not unreasonably withhold, condition or delay such notification. Tenant and its Permittees will fully cooperate in (and not interfere with or delay) Landlord’s Work, and.
Appears in 1 contract
Tenant’s Work. In the event that Landlord permits Tenant to hire its own contractors for the performance of any Work, then in addition to the provisions of Section 5.1 Except as may be expressly provided in this lease9.01, the following shall apply: (i) prior to the commencement of the Work or the delivery of any materials to the Building, Tenant shall not replace any fixtures in the Premises or make any changes, improvements, alterations or additions (collectively, “Tenantsubmit to Landlord for Landlord’s Work”), to the Premisesapproval, the Real Propertynames and addresses of all contractors, the Building systemscontracts, or any part thereofnecessary permits and licenses, certificates of insurance (including, without ▇▇▇▇▇▇▇▇limitation, Worker’s prior consent. Compensation, commercial general liability and adequacy of design insurance) and instruments of indemnification and waivers of lien against any and all claims, costs, expenses, damages and liabilities which may arise in connection with the Work, all in such form and amount as shall be satisfactory to Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, ; (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed all such Work shall be done only by contractors and subcontractors first or mechanics approved by Landlord (which approval shall not be unreasonably withheld withheld) and at such time and in such manner as Landlord may from time to time designate; (iii) upon completion of any Work, Tenant shall furnish Landlord with as-built plans, contractors’ affidavits, full and final waivers of lien, receipted bills covering all labor and materials expended and used in connection with such Work, and (iv) all such Work shall comply with all insurance requirements, all laws, ordinances, rules and regulations of all governmental authorities, and all collective bargaining agreements applicable to the Building, and shall be done in a good and workmanlike manner and with the use of good grades of new materials. Without limitation to the generality of the foregoing, under no circumstances shall Tenant be allowed to access any risers, the roof, or delayed)any life-safety systems without the express written consent of Landlord, and Landlord may require that Tenant use Landlord’s preferred contractor. ▇▇▇▇▇▇▇▇’s consent At all times during the term of this Lease, Tenant shall not be required ensure that all wiring and cabling that it installs within the Premises or Building complies with respect to such all provisions of local fire and safety codes, as well as with the National Electric Code. Further, upon the expiration or sooner termination of the Term, Tenant shall remove all wiring and cabling within the Premises and the Building (including the plenums, risers and rooftop) placed there by or at the direction of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpetingunless excused in writing by Landlord, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”)if Tenant fails to do so, provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, Landlord may remove same at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 1 contract
Sources: Lease Agreement (Bazaarvoice Inc)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace any fixtures in do the Premises or make any changeswork, improvementsif any, alterations or additions shown on Exhibit B, ------------- --------- (collectively, “"Tenant’s 's Work”), to ") as the Premises, work on the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the PremisesTenant, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like workmanlike manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto"Plans and Specifications" which have Landlord's written approval, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed delayed, prior to the commencement of Tenant's Work. Tenant shall furnish and install any and all necessary trade fixtures, equipment and other items necessary for the proper conduct of Tenant's business. "Plans and Specifications", as used in this Section V(b) and in Section XIV shall mean documents and drawings sufficient for contract bidding and work completion. All of the foregoing work and all work Tenant may undertake pursuant to Section XIV of this Article. Before commencing Tenant’s Worklease shall be done in accordance with all laws, Tenant shall (a) obtain (rules, regulations and deliver to Landlord copies of) all required permits and authorizations of any Authority for such workordinances applicable thereto, including, if necessary, compliance with the Americans With Disabilities Act, and the acquisition by Tenant of a Town of Canton Building Permit. In no event shall Landlord be required to provide or install any trade fixtures or equipment. Tenant agrees to employ for any work it may do pursuant to Sections V (b) deliver and XIV of this Lease one or more responsible contractors whose labor will work in harmony with other labor working in and on the Building and Property and with suppliers of materials for use in construction in and on the Building and Property, and especially Tenant agrees that it will not do or permit to be done anything which would cause any labor difficulty in connection with any construction in and on the Building and Property. Tenant shall require all such contractors employed by Tenant to carry Worker's Compensation Insurance in accordance with statutory requirements and to carry Commercial General Liability Insurance and Automobile Liability Insurance covering such contractors in or about the Premises, Building or Property in amounts not less than One Million ($1,000,000) Dollars combined single limits for property damage, for injury or death of more than one person in a single accident and to submit certificates of insurance evidencing such coverage to Landlord prior to commencement of such security as work. Tenant agrees to indemnify and hold harmless Landlord from all claims, actions, demands and causes of actions occasioned by Tenant's contractors being on or about the Premises or the Building or the Property of which the same form a part and from Tenant's contractors performing work in the Premises. All contractors, subcontractors, mechanics, laborers, materialmen, and others who perform any work, labor or services, or furnish any materials, or otherwise participate in the labor or services, or furnish any materials, or otherwise participate in the improvement of the Premises shall be reasonably satisfactory and are hereby given notice that Tenant is not authorized to subject Landlord's interest in the Premises, Building or Property to any claim for mechanics', laborers' and materialmen's liens, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons dealing directly or indirectly with Tenant may not look to be employed in the performance Premises, Building or Property as security for payment. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making of any Tenant’s Worksuch additions, andimprovements, alterations and/or installations.
Appears in 1 contract
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace any fixtures in the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part shall be installed in a manner that conforms with the Premises Contractor’s and/or subcontractor’s schedule for completion of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this leaseImprovements. Tenant’s Work shall be performedhandled in such a manner as to maintain harmonious labor relations and as not to interfere with or delay construction of the TI Work or other Landlord work for other tenants in the Building. Consistent with the provisions of this Section, at Tenant’s expenseWork may be done in the Premises at any time, 24 hours a day, 7 days a week, and Tenant and its agents performing Tenant’s Work shall have access to the Premises at any time; provided that work that generates noise at a level reasonably determined by Landlord to be prohibited by its rules shall only be performed during the period between 7:00 AM through 7:00 PM. No portion of the TI Work shall be dependent upon completion of any Tenant’s Work and the TI Work shall have priority over any Tenant’s Work; provided Landlord shall cause the Premises Contractor to use commercially reasonable efforts (which shall not include increased costs or liability to Landlord) to cooperate with diligence when started Tenant so as to promptly complete it allow completion of Tenant’s Work in a good timely and worker-like efficient manner using new materials of first class quality without unreasonable delay or additional material cost. The contractors, subcontractors and in compliance with this lease, all Laws and materialmen performing Tenant’s Plans Work shall be subject to prior reasonable approval by Landlord and shall be subject to the reasonable administrative supervision of Landlord and reasonable and customary non-discriminatory rules of the site. In no event will a decision not to use non-union contractors if the Building or Building is a union site be discriminatory. Contractors, subcontractors and materialmen performing Tenant’s Work shall take all necessary steps to insure, so far as may be possible, the progress of the work without interruption on account of strikes, work stoppage or similar causes for delay. In the event that the contractors or subcontractors performing Tenant’s Work do not promptly cause any pickets to be withdrawn and all other disruptions to the operations of the Building promptly to cease, or in the event that Landlord notifies Tenant that Landlord has in good faith concluded that picketing or other disruptive activities are an imminent threat, Tenant shall immediately cause the withdrawal from the job of all its contractors, subcontractors or materialmen involved in the dispute. Any delay caused to the Premises Contractor attributable to Tenant’s Work shall constitute Tenant Delay (as defined in Section 5.29 below) as approved by Landlord. As part of Tenant’s Workand in addition to the obligations set forth elsewhere herein, Tenant shall soundproof the Premises be obligated to pay all cost and install appropriate ventilation if required so that Tenant’s use expense incurred by Landlord in connection therewith, including lost rental income. No portion of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall taken into account in determining whether or not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s WorkPremises are Substantially Complete.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, and
Appears in 1 contract
Sources: Office Lease Agreement (Cray Inc)
Tenant’s Work. Section 5.1 Except Tenant, at its sole cost and expense, but subject to payment of the Allowance (as may hereinafter defined) as provided under Paragraph 9 below, shall perform, or cause to be expressly provided in this leaseperformed, Tenant shall not replace any fixtures all work described in the lease as the “Tenant’s Work” and desired by Tenant for its initial occupancy of the Premises or make any changes, improvements, alterations or additions (collectively, herein also referred to as the “Tenant’s Work”), all in accordance with the Plans (as hereafter defined) submitted to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) is nonstructural, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the Premises, (ii) affect any structural element of the Building, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayeddelayed as described in Paragraph 3(b) below). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. The Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it constructed in a good and worker-like manner using new materials of first class quality workmanlike fashion, in accordance with the requirements set forth herein and in compliance with this leaseall applicable statutes, laws, ordinances, orders, codes, rules, regulations, building and fire codes and other governmental requirements, including, without limitation, the ADA and all Laws Building-related construction rules and regulations. Landlord’s review and approval of the Plans or any other submission of Tenant shall create no responsibility or liability on the part of Landlord for such compliance or for their completeness or design sufficiency. Tenant shall commence the construction of the Tenant’s Plans (Work promptly following completion of the pre-construction activities provided for in Paragraph 3 below. Tenant shall coordinate the Tenant’s Work so as defined in Section 5.2) avoid material or unreasonable interference with any activities being conducted by or on behalf of Landlord and/or other tenants at the Building from time to time. Notwithstanding anything to the contrary herein, as approved by Landlord. As part of Tenant’s Work, Landlord hereby agrees that Tenant shall soundproof have the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shallright, at Tenant’s expensesole election, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice install the following in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall Lobby: (a) obtain double glass doors with building standard glass located on the north wall of the Lobby (and deliver to Landlord copies ofthe “North Wall Glass Doors”) all required permits and authorizations of any Authority for such work, and (b) deliver to a single glass door located on the south wall of the Lobby (the “South Wall Glass Door”). Landlord such security as and Tenant hereby agree that each of Landlord and Tenant shall be reasonably satisfactory to Landlordresponsible for one-half (1/2) of the reasonable costs incurred by Tenant in manufacturing and installing the North Wall Glass Doors. Landlord shall reimburse Tenant for its one-half of such reasonable costs within thirty (30) days after demand therefore, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance along with copies of any Tenant’s Work, andpaid invoices.
Appears in 1 contract
Sources: Office Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)
Tenant’s Work. Section 5.1 Except as may be expressly provided in this lease, Tenant shall not replace any fixtures in the Premises or make any changes, improvements, alterations or additions (collectively, “Tenant’s Work”), to the Premises, the Real Property, the Building systems, or any part thereof, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent shall not be unreasonably withheld or delayed if Tenant’s Work (a) Any alterations or construction not included as part of the Landlord's Work and any changes desired by the Tenant which depart from the Building's standard or which involve the use of materials not standard to the Building are the Tenant's Work. The Tenant's Work is nonstructural, subject to the Landlord's prior written approval and shall be completed at the expense of the Tenant.
(b) does not (i) affect any part All permits necessary for the installation of the Real Property outside Tenant's Leasehold improvements and approval of plans must be obtained from the applicable authorities prior to the commencement of installations by the Tenant at its expense. The Tenant's Work shall be carried out in accordance with section 9.
(c) The Tenant and its contractors are responsible to remove garbage and debris from the Premises (including daily and place same into garbage containers provided by the Building roof) or Landlord for that purpose. All tenants will be assessed their share, as reasonably determined by the exterior Landlord, of the cost of providing empty garbage containers on the job site during the construction of their Premises, (ii) affect any structural element . Any of the Building, Tenant's garbage or debris removed by the Landlord's employees will be charged to the Tenant's account and shall be payable as Additional Rent by the Tenant within fifteen (iii15) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy for the Premises or the Building, ( c) is not visible outside the Premises and days following invoice.
(d) is performed only The Tenant will pay to the Landlord within fifteen (15) days of demand: (a) all reasonable costs incurred by contractors and subcontractors first approved by the Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect to such of Tenant’s Work as are cosmetic alterations (such as painting supervision and administration during the interior installation of the PremisesLeasehold Improvements, carpetingincluding without limitation, supervision by mechanical, engineering and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete it in a good and worker-like manner using new materials of first class quality and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2) as approved by Landlord. As part of Tenant’s Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specifications, for Tenant’s Work, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and consultants; (b) deliver all reasonable costs incurred by the Landlord during the period the Tenant fixtures the Premises for vertical transport of men and materials with respect to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed carrying out of the Tenant's Work in the performance of any Tenant’s Work, Premises; and
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Tenant’s Work. Section 5.1 SECTION 12.01. Subject to Landlord's obligations under Article XI, Tenant agrees to accept the Demised Premises in an "AS IS" condition as of the Commencement Date without any representations or warranties on the part of Landlord. Except as may be expressly otherwise specifically provided in this leaseLease, Landlord has not made any representations or warranties of any kind to Tenant. No representations or warranties of any kind made by anyone, including without limitation, any real estate broker or agent, shall be binding upon Landlord unless expressly set forth in this Lease. Tenant shall be financially responsible for the following construction activities. Architects and Tenant shall have rights to any and all warranties provided by sub-contractors and or general contractors.
A. Architecture Fees for interior work.
B. Interior Fit-Out including but not replace limited to paint, carpet/flooring, furniture, fixtures, equipment, Drive-Thru lanes equipment, upgrades to electrical system, vault system, partitions, and doorways. Tenant may, at any fixtures time and from time to time, alter, expand, demolish, restore, modify or change any such improvements in whole or in part provided that Tenant shall first obtain Landlord's written approval, which approval shall not unreasonably be withheld. Tenant's improvements on the Premises must have a value substantially equivalent to or greater than the improvements which were originally approved by Landlord. All work done which is required to be performed to permit Tenant's occupancy and use of the Demised Premises for the Permitted Use shall be performed by Tenant, at its sole expense, and Landlord shall not be required to perform or to bear any of the expenses for such work. All of such work shall be performed in a diligent manner.
SECTION 12.02. Any Tenant's Work made shall remain on and be surrendered with the Demised Premises on expiration or termination of the Term.
SECTION 12.03. Tenant shall have no power to do any act or make any changescontract which may create or be the foundation for any lien, improvements, alterations mortgage or additions (collectively, “Tenant’s Work”), to other encumbrance upon the Premises, estate of Landlord in the Real Property, the Building systemsBuilding, or any part thereof. All Tenant's Work, without ▇▇▇▇▇▇▇▇’s prior consent. Landlord’s consent repairs, materials and labor shall not be unreasonably withheld or delayed if done at Tenant’s Work (a) is nonstructural's sole expense, and (b) does not (i) affect any part of the Real Property outside the Premises (including the Building roof) or the exterior of the PremisesTenant shall be solely and wholly responsible to contractors, (ii) affect any structural element of the Buildinglaborers and materialmen and such contractors, (iii) adversely affect any Building system, or (iv) require an amendment of the certificate of occupancy laborers and materialmen are hereby charged with notice that they must look solely and wholly to Tenant for the Premises or payment of any bills for work done and materials furnished. Landlord reserves the Buildingright, ( c) is not visible outside the Premises and (d) is performed only by contractors and subcontractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed). ▇▇▇▇▇▇▇▇’s consent shall not be required with respect before approving any Tenant's Work, to such of Tenant’s Work as are cosmetic alterations (such as painting the interior of the Premises, carpeting, and installation of shelving and display cases) inside the Premises (“Cosmetic Alterations”), provided require Tenant complies with the other applicable provisions of this lease. Tenant’s Work shall be performed, at Tenant’s expense, with diligence when started so as to promptly complete furnish it in a good and worker-like manner using new materials sufficient bond to secure Tenant's liability for payment, for Tenant's Work.
SECTION 12.04. Tenant shall procure and maintain an adequate workmen's compensation insurance policy and such additional insurance policies as Landlord shall reasonably request to insure against losses, damages or claims arising out of first class quality and in compliance with this lease, all Laws and or from Tenant’s Plans (as defined in Section 5.2) as approved by Landlord's Work. As part Prior to the commencement of such Tenant’s 's Work, Tenant shall soundproof the Premises and install appropriate ventilation if required so that Tenant’s use of the Premises shall not result in noise and/or odors being transmitted outside the Premises. Tenant’s Work shall be fully paid for by Tenant when payment is due and shall not be financed with any conditional sales or title retention agreements or by the granting of any security interests, liens, encumbrances or financing statements. Tenant’s Work shall be deemed, upon installation, to be improvements and betterments that become the property of Landlord at installation, and shall remain upon and be surrendered with the Premises, at the expiration of the Term (or the sooner termination of this lease in accordance with its provisions) unless Landlord notifies Tenant in accordance with the provisions of this Article that Landlord relinquishes its rights thereto, in which case Tenant shall be obligated to remove such Tenant’s Work.
Section 5.2 Prior to commencing any Tenant’s Work other than purely Cosmetic Alterations, Tenant shall, at Tenant’s expense, deliver to Landlord detailed plans and specificationseach policy, for Tenant’s Workor a certificate evidencing such policy, in form reasonably satisfactory to Landlord, prepared, certified, signed and sealed by an architect or engineer licensed to practice in the State of New York, and suitable for filing with the applicable Authority, if filing is required by applicable Laws (such plans and specifications together with revisions thereto, collectively, “Tenant’s Plans”), and obtain Landlord’s approval evidence of ▇▇▇▇▇▇’s Plans. ▇▇▇▇▇▇▇▇’s approval payment of ▇▇▇▇▇▇’s Plans shall not be unreasonably withheld or delayed to the extent ▇▇▇▇▇▇▇▇’s consent to ▇▇▇▇▇▇’s Work shown on Tenant’s Plans is not premiums for all policies of insurance required to be unreasonably withheld or delayed maintained by Tenant pursuant to this Article. Before commencing Tenant’s Work, Tenant shall (a) obtain (and deliver to Landlord copies of) all required permits and authorizations of any Authority for such work, and (b) deliver to Landlord such security as shall be reasonably satisfactory to Landlord, and (c) deliver to Landlord certificates (in form reasonably acceptable to Landlord) evidencing the following insurance coverages from each contractor and subcontractor: (i) worker’s compensation insurance covering all persons to be employed in the performance of any Tenant’s Work, andSection 12.06.
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Sources: Lease (Yardville National Bancorp)