Tenants. Alterations Tenant shall not, without the prior written consent of Landlord, make or cause to be made any alterations, improvements, additions, installations, or decorations in or to the Leased Premises. If Landlord so consents, before commencement of any such work or delivery of any materials to the Leased Premises or the Building, Tenant shall furnish to Landlord for approval: architectural plans and specifications, names and addresses of all contractors and subcontractors, copies of all contracts, affidavits from engineers acceptable to Landlord stating that the alterations will not in any way adversely affect the mechanical, heating, ventilation, air conditioning, and the electrical systems in the Building, necessary permits and licenses, certificates of insurance and instruments of indemnification against any and all claims, costs expenses, damages and liabilities which may arise in connection with such work, and such other documents reasonably requested by Landlord, all in such form and amount as may be satisfactory to Landlord. Landlord shall respond in writing to Tenant within fifteen (15) days after receipt of any information necessitating the consent or approval of Landlord, indicating reasons for its refusal to consent. In addition, prior to commencement of any such work or delivery of any materials into the Leased Premises, Tenant shall provide Landlord with appropriate evidence of Tenant's ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may require. Whether or not Tenant furnishes the foregoing, Tenant agrees to indemnify, defend and hold Landlord, the beneficiaries of Landlord, the parties of such beneficiaries, any mortgage of the building, the Manager and their respective directors, offices, agents and employees (hereinafter for convenience sometimes collectively referred to as the "Landlord Indemnitees") harmless against all claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work, including, but not limited to, environmental related claims and/or liabilities. All such work shall be done only by contractors or mechanics approved by the Landlord and at such time and in such manner as Landlord may from time to time designate. Tenant shall pay the cost of all such work and the cost of decorating the Leased Premises and the Building occasioned thereby. Upon completion of such work, Tenant shall furnish Landlord with Contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith together with any governmental acceptances required by applicable law. All such work shall be performed and completed in accordance with all applicable legal, governmental and quasi-governmental statutes, requirements, ordinances and rules, including but not limited to the Board of Fire Underwriters, federal and state EPA, ADA, and all requirements of applicable insurance companies, as such may be amended or replaced from time to time. In the event that Landlord provides its approval, if required or volunteered, such shall create no responsibility or liability on the part of the Landlord for the completeness, design, sufficiency, or compliance with the afore-mentioned laws, regulations, and requirements. All such work shall be done in a good and workmanlike manner and with the use of good grades of materials. Tenant shall pay Landlord a fee based on a fifteen percent (15%) mark-up of the cost of the work to be completed for coordinating and ▇▇▇ervising construction operations in connection with such work. In no event shall such supervision by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship of quality of such work or materials for Tenant's intended use or impose any liability upon Landlord in connection with the performance of such work. All alterations, improvements, temporary or permanent, additions and installations to or on the Leased Premises, whether placed there by Landlord or Tenant, shall, unless Landlord requests their removal, become part of the Leased Premises at the time of their installation and shall remain in the Leased Premises at the expiration or termination of this Lease, or termination of Tenant's right of possession of the Leased Premises, without compensation or credit to Tenant.
Appears in 1 contract
Sources: Lease Agreement (Ipayment Inc)
Tenants. Alterations Tenant shall not, without the prior written consent of Landlord, make or cause to be made any alterations, improvements, additions, installations, or decorations in or to the Leased Premises. If Landlord so consents, before commencement of any such work or delivery of any materials to the Leased Premises or the Building, Tenant shall furnish to Landlord for approval: architectural plans 33.1 Sellers warrant and specifications, names and addresses represent that attached hereto as Exhibit B is a complete list of all contractors tenants, the Property and subcontractorsunit they occupy, copies of all contracts, affidavits from engineers acceptable to Landlord stating that the alterations will not in any way adversely affect the mechanical, heating, ventilation, air conditioningrent they pay, and the electrical systems amount of any prepaid rent, the security deposit paid by each tenant, and whether the tenant is in default of the lease (the “Tenants”). Sellers agree to notify Buyer of any change in the Buildingstatus of any tenant up to the date of the Closing. Sellers further warrant and represent that they have provided Buyer with a copy of the all active written leases pertaining to the Properties.
33.2 Buyer agrees to take subject to the rights of the Tenants and assume all obligations under any Tenant leases. The parties agree to prorate the rent paid for the month in which the Closing occurs and the net amount thereof shall be added to or deducted from, necessary permits as the case may be, the Purchase Price payable by the Buyer at the time of the Closing.
33.3 Pursuant to the terms of its leases with Orbotech, Inc, and licensesOmni Design Technologies, certificates Inc., 44 ▇▇▇▇▇▇▇ Trust is entitled to monthly payments as reimbursement of insurance costs incurred by 44 ▇▇▇▇▇▇▇ Trust in improving the leased premises for these tenants (the “Tenant Improvement Costs”). At the time of the Closing, the Buyer shall pay to 44 ▇▇▇▇▇▇▇ Trust the amount of Fifty-Five Thousand dollars ($55,000) as full satisfaction of any amounts owed by Buyer to 44 ▇▇▇▇▇▇▇ Trust for reimbursement of Tenant Improvement Costs..
33.4 During the pendency of this Agreement, Sellers shall not enter into any leases or occupancy agreements, amendments or modification to any existing leases that would be binding on Buyer after the Closing without Buyer’s prior written consent, which consent shall be approved or rejected in Buyer’s sole and instruments of indemnification against absolute discretion (to the extent such leases are executed and approved by Buyer, they are sometimes referred to as “Approved New Leases” and included in the defined term “Leases”). If approved by the Buyer, Buyer hereby agrees to assume the obligation to pay any and all claims, costs expenses, damages brokerage commissions that may become due and liabilities which may arise in connection with such work, payable from and such other documents reasonably requested by Landlord, all in such form and amount as may be satisfactory to Landlord. Landlord shall respond in writing to Tenant within fifteen (15) days after receipt of any information necessitating the consent or approval of Landlord, indicating reasons for its refusal to consent. In addition, prior to commencement of any such work or delivery of any materials into the Leased Premises, Tenant shall provide Landlord with appropriate evidence of Tenant's ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may require. Whether or not Tenant furnishes the foregoing, Tenant agrees to indemnify, defend and hold Landlord, the beneficiaries of Landlord, the parties of such beneficiaries, any mortgage of the building, the Manager and their respective directors, offices, agents and employees (hereinafter for convenience sometimes collectively referred to as the "Landlord Indemnitees") harmless against all claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work, including, but not limited to, environmental related claims and/or liabilities. All such work shall be done only by contractors or mechanics approved by the Landlord and at such time and in such manner as Landlord may from time to time designate. Tenant shall pay the cost of all such work and the cost of decorating the Leased Premises and the Building occasioned thereby. Upon completion of such work, Tenant shall furnish Landlord with Contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith together with any governmental acceptances required by applicable law. All such work shall be performed and completed in accordance with all applicable legal, governmental and quasi-governmental statutes, requirements, ordinances and rules, including but not limited to the Board of Fire Underwriters, federal and state EPA, ADA, and all requirements of applicable insurance companies, as such may be amended or replaced from time to time. In the event that Landlord provides its approval, if required or volunteered, such shall create no responsibility or liability on the part of the Landlord for the completeness, design, sufficiency, or compliance with the afore-mentioned laws, regulations, and requirements. All such work shall be done in a good and workmanlike manner and with the use of good grades of materials. Tenant shall pay Landlord a fee based on a fifteen percent (15%) mark-up of the cost of the work to be completed for coordinating and ▇▇▇ervising construction operations in connection with such work. In no event shall such supervision by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship of quality of such work or materials for Tenant's intended use or impose any liability upon Landlord Effective Date in connection with the performance execution of such work. All alterationsany Approved New Leases pursuant to commission agreements approved by Buyer, improvements, temporary or permanent, additions which approval shall not be unreasonably withheld and installations Buyer agrees to or on the Leased Premises, whether placed there by Landlord or Tenant, shall, unless Landlord requests their removal, become part indemnify and hold harmless Sellers against payment of the Leased Premises at the time of their installation and shall remain in the Leased Premises at the expiration or termination of this Lease, or termination of Tenant's right of possession of the Leased Premises, without compensation or credit to Tenantsame.
Appears in 1 contract
Tenants. Alterations Tenant Pro Rata Share of Taxes levied or assessed for or during the Lease Term shall notbe paid in monthly installments on or before the first day of each calendar month, without in advance, in an amount estimated by Landlord; provided, that in the prior written consent of Landlordevent Landlord is required under any mortgage covering the Building to escrow Taxes, make or cause Landlord may, but shall not be obligated to, use the amount required to be made any alterations, improvements, additions, installations, or decorations in or so escrowed as a basis for its estimate of the monthly installments due from Tenant hereunder. Subsequent to the Leased Premisesend of each calendar year, Landlord shall include in the Year End Statement the actual amount of Tenant’s Pro Rata Share of Taxes for such calendar year. In the event no tax ▇▇▇▇ is available, Landlord will compute the amount of such tax. If Landlord so consentsthe total amount paid by Tenant under this Section 8.3 for any calendar year during the Lease Term shall be less than the actual amount due from Tenant for such calendar year, before commencement of any as shown on such work or delivery of any materials to the Leased Premises or the BuildingYear End Statement, Tenant shall furnish pay to Landlord for approval: architectural plans and specifications, names and addresses of all contractors and subcontractors, copies of all contracts, affidavits from engineers acceptable to Landlord stating that the alterations will not in any way adversely affect difference between the mechanical, heating, ventilation, air conditioning, amount paid by Tenant and the electrical systems in the Buildingactual amount due, necessary permits and licenses, certificates of insurance and instruments of indemnification against any and all claims, costs expenses, damages and liabilities which may arise in connection with such work, and such other documents reasonably requested by Landlord, all in such form and amount as may deficiency to be satisfactory to Landlord. Landlord shall respond in writing to Tenant paid within fifteen (15) days after receipt the furnishing of any information necessitating each Year End Statement. If the consent or approval of Landlord, indicating reasons total amount paid by Tenant hereunder for its refusal to consent. In addition, prior to commencement of any such work or delivery of any materials into the Leased Premises, calendar year shall exceed such actual amount due from Tenant shall provide Landlord with appropriate evidence of Tenant's ability to pay for such work and materials in fullcalendar year, and if requested by Landlord, shall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may require. Whether or not Tenant furnishes the foregoing, Tenant agrees to indemnify, defend and hold Landlord, the beneficiaries of Landlord, the parties of such beneficiaries, any mortgage of the building, the Manager and their respective directors, offices, agents and employees (hereinafter for convenience sometimes collectively referred to as the "Landlord Indemnitees") harmless against all claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work, including, but not limited to, environmental related claims and/or liabilities. All such work excess shall be done only by contractors credited against the next installment of taxes and assessments due from Tenant to Landlord hereunder or mechanics approved by paid to Tenant in the Landlord event this Lease has terminated and at such time Tenant has paid all Rent and in such manner as Landlord may from time to time designate. other payments required under this Lease and performed all obligations of Tenant shall pay the cost of all such work and the cost of decorating the Leased Premises and the Building occasioned thereby. Upon completion of such work, Tenant shall furnish Landlord with Contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith together with any governmental acceptances required by applicable law. All such work shall be performed and completed in accordance with all applicable legal, governmental and quasi-governmental statutes, requirements, ordinances and rules, including but not limited to the Board of Fire Underwriters, federal and state EPA, ADA, and all requirements of applicable insurance companies, as such may be amended or replaced from time to timeunder this Lease. In the event that Landlord provides its approvala refund of Taxes previously paid is obtained, if required Tenant’s Pro Rata Share thereof shall be credited to the next installment due under this Section or volunteeredpaid to Tenant in the event this Lease has terminated and Tenant has paid all Rent and all other payments under this Lease and performed all obligations of Tenant under this Lease. For the partial Lease Years in which this Lease commences and terminates, the provisions of this Section shall apply, and Tenant’s Pro Rata Share of any Taxes for such years shall create no responsibility or liability be subject to a pro rata adjustment based on the part number of days of said Lease Years during which the Landlord for the completeness, design, sufficiency, or compliance with the afore-mentioned laws, regulations, and requirementsLease Term is in effect. All such work shall be done in A copy of a good and workmanlike manner and with the use of good grades of materials. Tenant shall pay Landlord a fee based on a fifteen percent (15%) mark-up of the cost of the work to be completed for coordinating and tax ▇▇▇ervising construction operations in connection with such work. In no event shall such supervision by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty ▇ or assessment ▇▇▇▇ submitted by Landlord to Tenant shall at all times be sufficient evidence of the adequacy amount of Taxes assessed or levied against the design, workmanship of quality of property to which such work ▇▇▇▇ or materials for Tenant's intended use or impose any liability upon Landlord in connection with the performance of such work. All alterations, improvements, temporary or permanent, additions and installations to or on the Leased Premises, whether placed there by Landlord or Tenant, shall, unless Landlord requests their removal, become part of the Leased Premises at the time of their installation and shall remain in the Leased Premises at the expiration or termination of this Lease, or termination of Tenant's right of possession of the Leased Premises, without compensation or credit to Tenantreturn relates.
Appears in 1 contract
Tenants. Alterations Insurance Tenant shall notmaintain at its expense: (1) in an amount equal to full replacement cost, special form (formerly known as all risk) property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Premises and in such additional amounts as are required to meet Tenant’s obligations pursuant to Section 16 hereof and with deductibles in an amount reasonably satisfactory to Landlord; (ii) a policy or policies of commercial general liability insurance with respect to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, sexual harassment, detention or imprisonment, malicious prosecution, wrongful entry, libel and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence; (iii) an automotive liability insurance policy with respect to its activities on the prior written consent Property, with premiums thereon fully paid on or before the due date, covering both owned and non-owned automobile liability with a combined single limit of Landlordat least $1,000,000; and (iv) a policy of workers’ compensation insurance with respect to its activities in the Building and on the Property, make with the premiums thereon fully paid on or cause to be made any alterationsbefore the due date, improvements, additions, installations, or decorations which is in or to compliance with the Leased Premisesstatutory requirements under Oklahoma law. If possible, all of Tenant’s said required insurance policies shall name Landlord so consentsand Building Manager as additional insureds, before commencement Further, all Tenant’s liability insurance policies shall include coverage for the contractual liability of any such work or delivery Tenant to indemnify Landlord and Building Manager pursuant to Section 16 of any materials this Lease and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Leased Premises or the BuildingPremises, Tenant shall furnish evidence satisfactory to Landlord for approval: architectural plans of the maintenance and specifications, names and addresses timely renewal of all contractors of such foregoing insurance, and subcontractors, copies of all contracts, affidavits from engineers acceptable Tenant shall obtain and deliver to Landlord stating that a written obligation on the alterations will not in any way adversely affect the mechanical, heating, ventilation, air conditioning, and the electrical systems in the Building, necessary permits and licenses, certificates part of insurance and instruments of indemnification against any and all claims, costs expenses, damages and liabilities which may arise in connection with such work, and such other documents reasonably requested by Landlord, all in such form and amount as may be satisfactory each insurer to Landlord. notify Landlord shall respond in writing to Tenant within fifteen at least thirty (1530) days after receipt of any information necessitating the consent or approval of Landlord, indicating reasons for its refusal to consent. In addition, prior to commencement of any such work the modification, cancellation or delivery of any materials into the Leased Premises, Tenant shall provide Landlord with appropriate evidence of Tenant's ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may require. Whether or not Tenant furnishes the foregoing, Tenant agrees to indemnify, defend and hold Landlord, the beneficiaries of Landlord, the parties expiration of such beneficiaries, any mortgage of the building, the Manager and their respective directors, offices, agents and employees (hereinafter for convenience sometimes collectively referred to as the "Landlord Indemnitees") harmless against all claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work, including, but not limited to, environmental related claims and/or liabilities. All such work shall be done only by contractors or mechanics approved by the Landlord and at such time and in such manner as Landlord may from time to time designate. Tenant shall pay the cost of all such work and the cost of decorating the Leased Premises and the Building occasioned thereby. Upon completion of such work, Tenant shall furnish Landlord with Contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith together with any governmental acceptances required by applicable law. All such work shall be performed and completed in accordance with all applicable legal, governmental and quasi-governmental statutes, requirements, ordinances and rules, including but not limited to the Board of Fire Underwriters, federal and state EPA, ADA, and all requirements of applicable insurance companies, as such may be amended or replaced from time to timepolicies. In the event that Landlord provides its approval, if required or volunteered, such shall create no responsibility or liability on the part of the Landlord for the completeness, design, sufficiency, or compliance with the afore-mentioned laws, regulations, and requirements. All such work shall be done in a good and workmanlike manner and with the use of good grades of materials. Tenant shall pay not have delivered to Landlord a policy or certificate evidencing all of such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default under this Section 15). The cost to Landlord of obtaining such policies, plus an administrative fee based on a in the amount of fifteen percent (15%) mark-up of the cost of the work such policies shall be paid by Tenant to be completed for coordinating and ▇▇▇ervising construction operations in connection with such work. In no event shall such supervision by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship of quality of such work or materials for Tenant's intended use or impose any liability as Additional Rent upon Landlord in connection with the performance of such work. All alterations, improvements, temporary or permanent, additions and installations to or on the Leased Premises, whether placed there by Landlord or Tenant, shall, unless Landlord requests their removal, become part of the Leased Premises at the time of their installation and shall remain in the Leased Premises at the expiration or termination of this Lease, or termination of Tenant's right of possession of the Leased Premises, without compensation or credit to Tenantdemand.
Appears in 1 contract
Sources: Office Lease Agreement (Mammoth Energy Services, Inc.)
Tenants. Alterations Once a viewing has been booked, you will be sent a confirmation text message of the date and time. We accompany all viewings and engage in extensive conversations with the viewers to provide you with a background on them, we will provide you with this along with any other feedback. We treat every property as if it were our own so we will be completely honest with you and assist you in making the right decision. All prospective Tenants over the age of 18 will be fully referenced with our referencing agency. They perform checks including - Identification (to satisfy Right to Rent regulations), Credit (to see if the applicant has any adverse credit), Residential (previous Landlord/Agent reference) and Income (to determine if they meet affordability requirements). If a Tenant shall notreceives a conditional pass, without we will advise you of how the prior written consent of Landlord, make conditions can be met whether it is upfront payment or cause if a guarantor is required. Any prospective guarantor will also be fully referenced. We will provide you with a report once the referencing is completed before the tenancy agreement is sent for signing. Please note that Tenants/Guarantors satisfying the criteria deemed necessary to be made any alterations, improvements, additions, installations, acceptable by the referencing agency is not a guarantee that they will meet their tenancy obligations. The report will be provided without liability on our part or decorations in or to that of the Leased Premisesreferencing agency. If Landlord so consents, before commencement of any such work or delivery of any materials to the Leased Premises or the Building, Before a Tenant shall furnish to Landlord for approval: architectural plans and specifications, names and addresses of all contractors and subcontractors, copies of all contracts, affidavits from engineers acceptable to Landlord stating that the alterations will not in any way adversely affect the mechanical, heating, ventilation, air conditioning, and the electrical systems in the Building, necessary permits and licenses, certificates of insurance and instruments of indemnification against any and all claims, costs expenses, damages and liabilities which may arise in connection with such work, and such other documents reasonably requested by Landlordmoves in, all legal obligations must be met – we have set out in such form and amount as may be satisfactory to Landlord. Landlord shall respond in writing to Tenant within fifteen (15) days after receipt of any information necessitating the consent or approval of Landlord, indicating reasons for its refusal to consent. In addition, prior to commencement of any such work or delivery of any materials into the Leased Premises, Tenant shall provide Landlord with appropriate evidence of Tenant's ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may require. Whether or not Tenant furnishes the foregoing, Tenant agrees to indemnify, defend and hold Landlord, the beneficiaries of Landlord, the parties of such beneficiaries, any mortgage this document some of the building, the Manager key legal obligations that you must comply with. Current law and their respective directors, offices, agents and employees (hereinafter for convenience sometimes collectively referred to as the "Landlord Indemnitees") harmless against all claims and liabilities of every kind, nature and description which may arise out of or in any way further advice can be connected with such work, including, but not limited to, environmental related claims and/or liabilities. All such work shall be done only by contractors or mechanics approved by the Landlord and found at such time and in such manner as Landlord may from time to time designate. Tenant shall pay the cost of all such work and the cost of decorating the Leased Premises and the Building occasioned thereby. Upon completion of such work, Tenant shall furnish Landlord with Contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith together with any governmental acceptances required by applicable law. All such work shall be performed and completed in accordance with all applicable legal, governmental and quasi-governmental statutes, requirements, ordinances and rules, including but not limited to the Board of Fire Underwriters, federal and state EPA, ADA, and all requirements of applicable insurance companies, as such may be amended or replaced from time to time. In the event that Landlord provides its approval, if required or volunteered, such shall create no responsibility or liability on the part of the Landlord for the completeness, design, sufficiency, or compliance with the afore-mentioned laws, regulations, and requirements. All such work shall be done in a good and workmanlike manner and with the use of good grades of materials. Tenant shall pay Landlord a fee based on a fifteen percent (15%) mark-up of the cost of the work to be completed for coordinating and ▇▇▇ervising construction operations .▇▇▇.▇▇. We can help to organise any of this work at an additional cost as stated in connection with such workthis document. In no event shall such supervision by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord Our tenancy agreement covers everything that would be needed as standard however, if necessary, we can include additional clauses relevant to Tenant a particular tenancy, for example: not maintaining appliances. A draft will be sent to you for approval prior to being sent out for final signing. At the start of the adequacy tenancy, we ensure we are in receipt of the designinitial monies (first month’s rent and the security deposit), workmanship of quality of such work or materials for Tenant's intended use or impose we provide the Tenants with all the required legal documents and test the alarms before releasing the keys to the property. When your Tenant has moved in, we will send you all the relevant tenancy paperwork and any liability upon Landlord in connection with owed monies. Towards the performance of such work. All alterations, improvements, temporary or permanent, additions and installations to or on the Leased Premises, whether placed there by Landlord or Tenant, shall, unless Landlord requests their removal, become part end of the Leased Premises at initial fixed term, we will contact you to ask you what your plans are. If you are happy for the time of their installation tenancy to continue, we will organise the renewal with your Tenant and shall remain in get the Leased Premises at the expiration or termination of this Lease, or termination of renewal paperwork sent out to both you and your Tenant's right of . If you are looking to take back possession of the Leased Premisesproperty, without compensation or credit we can arrange to Tenantserve the necessary notices, organise a check out and deal with the deposit release (if applicable).
Appears in 1 contract
Sources: Terms of Business
Tenants. Alterations Tenant shall notAs of the Closing, without the prior written consent only tenants of Landlordthe Properties are the Tenants set forth in the Lease Schedules. The information set forth on each of the Lease Schedules are accurate and complete as of the date thereon. The Lease Schedules, make or cause attached hereto as EXHIBIT E, accurately and completely set forth in all material respects for each Lease, the following: the name of the Tenant, the lease expiration date, extension and renewal provisions, the base rent payable and the security deposits held thereunder. Seller and the Companies are in compliance with all legal requirements relating to be such security deposits. The Documents made any alterationsavailable to Purchaser pursuant to Section 8.1(z) hereof include true, improvements, additions, installations, or decorations in or to the Leased Premises. If Landlord so consents, before commencement of any such work or delivery of any materials to the Leased Premises or the Building, Tenant shall furnish to Landlord for approval: architectural plans correct and specifications, names and addresses of all contractors and subcontractors, complete copies of all contractsof the Leases. The Leases are in full force and effect. Except as shown on the Lease Schedules, affidavits from engineers acceptable neither the Companies nor the Tenants are in default of any monetary or, to Landlord stating that the alterations will not in any way adversely affect the mechanical, heating, ventilation, air conditioning, best of Sellers' and the electrical systems in Companies' knowledge, non-monetary obligations under the Building, necessary permits and licenses, certificates of insurance and instruments of indemnification against any and all claims, costs expenses, damages and liabilities Leases. No event or omission has occurred which may arise in connection with such work, and such other documents reasonably requested by Landlord, all in such form and amount as may be satisfactory to Landlord. Landlord shall respond in writing to Tenant within fifteen (15) days after receipt of any information necessitating the consent or approval of Landlord, indicating reasons for its refusal to consent. In addition, prior to commencement of any such work or delivery of any materials into the Leased Premises, Tenant shall provide Landlord with appropriate evidence of Tenant's ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security but for the payment passing of said work and materials as Landlord may require. Whether time or not Tenant furnishes the foregoinggiving of notice or both would be a monetary or non-monetary default, Tenant agrees to indemnify, defend and hold Landlord, the beneficiaries of Landlord, the parties of such beneficiaries, any mortgage of the building, the Manager and their respective directors, offices, agents and employees (hereinafter for convenience sometimes collectively referred to as the "Landlord Indemnitees") harmless against all claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work, including, but not limited to, environmental related claims and/or liabilities. All such work shall be done only by contractors or mechanics approved by the Landlord and at such time and in such manner as Landlord may from time to time designate. Tenant shall pay the cost of all such work and the cost of decorating the Leased Premises and the Building occasioned thereby. Upon completion of such work, Tenant shall furnish Landlord with Contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith together with any governmental acceptances required by applicable law. All such work shall be performed and completed in accordance with all applicable legal, governmental and quasi-governmental statutes, requirements, ordinances and rules, including but not limited to the Board of Fire Underwriters, federal and state EPA, ADA, and all requirements of applicable insurance companies, as such may be amended or replaced from time to time. In the event that Landlord provides its approval, if required or volunteered, such shall create no responsibility or liability on the part of either landlord or tenant under any Lease, and there is no outstanding defense, counterclaim or offset against the Landlord for payment of any rent or other amount payable thereunder or against the completenessperformance of any obligation thereunder. Neither Seller nor the Companies have received notice or has knowledge of any pending or threatened rent strikes, designtenant organizations, sufficiencytenant unions or tenant interpleader actions. All work and materials, if any, required to be performed or compliance furnished, as applicable, prior to the date hereof by landlord under each of the Leases has been performed and furnished in accordance with the afore-mentioned laws, regulations, terms of such Leases and requirementsfully paid for. All such work shall tenant allowances and concessions (including all rent-free periods) will be done in a good paid for and workmanlike manner and with furnished, as applicable, by Seller by Closing to the use of good grades of materials. Tenant shall pay Landlord a fee based on a fifteen percent (15%) mark-up of the cost of the work extent required by agreement or otherwise so to be completed paid for coordinating and ▇▇▇ervising construction operations furnished, as applicable, by Closing. No commission, compensation or other amount is now or hereafter shall become payable to any broker or other agent under any written or oral agreement or understanding with any broker or other agent in connection with any Leases or renewals thereof, or any other options thereunder. Each such workLease is a bona fide Lease with a Tenant totally unrelated to and independent of Seller, the Companies or their Affiliates. In To the best knowledge of Seller and the Companies, there are no event shall circumstances or events affecting the financial condition of any Tenant or otherwise which might prevent or seriously hinder such supervision Tenant from fulfilling its obligations under its Lease. Seller and the Companies have no knowledge of any intention or indication of intention by Landlord nor shall any approvals given by Landlord Tenant to terminate its Lease or to limit or alter its Lease in any material respect. No Tenant under this a Lease constitute any warranty by Landlord to Tenant has paid rent more than thirty (30) days in advance, and the rents under such Leases have not been waived, released, or otherwise discharged or compromised. Each Lease constitutes the legal , valid and binding obligation of the adequacy Company constituting the lessor thereof and is enforceable against the tenant thereof. Each tenant under the Lease has entered into occupancy of the designdemised premises. Except as disclosed to Purchaser in writing, workmanship there are no management fees payable by any Company with respect to the management of quality the Real Properties. Each Tenant has accepted and is occupying the entire demised premises. No rent has agreed to be paid more than one month in advance. Rent has been paid in respect of such work each Lease through to the date shown on the Lease Schedules attached. No Tenant has advanced any funds for or materials on behalf of Landlord for Tenant's intended use which it has a right to deduct or impose any liability upon Landlord in connection with the performance of such workoffset from rent. All alterationsamendments, improvements, temporary or permanent, additions supplements and installations modifications to or the Leases are listed on the Leased Premises, whether placed there by Landlord Lease Schedule. No Tenant has a purchase option or Tenant, shall, unless Landlord requests their removal, become part of the Leased Premises at the time of their installation and shall remain in the Leased Premises at the expiration or termination of this Lease, or termination of Tenant's right of possession of first refusal on the Leased Premises, without compensation Real Properties or credit any part thereof or has any right to Tenantadditional space.
Appears in 1 contract
Sources: Agreement of Sale and Purchase (Mack Cali Realty Corp)
Tenants. Alterations assignment to a Permitted Transferee. The Landlord specifically acknowledges and agrees that the use or occupation of all or part of the Premises by any Permitted Transferee does not constitute an assignment or sublet and does not require the Landlord’s consent. Where practicable, the Tenant shall notuse reasonable efforts to provide the Landlord notice of any Permitted Transfer at least sixty (60) days prior to such transfer.
(C) If the Landlord’s consent is required for an assignment or sublease, then the Landlord’s consent shall be deemed to have been given unless the Landlord notifies the Tenant in writing of the reasons for the Landlord’s disapproval within thirty (30) days of receipt of the request. Notwithstanding anything to the contrary contained in this Lease, the Landlord shall be liable for any loss, damages, costs, and expenses incurred by the Tenant (including solicitors’ fees on a substantial indemnity basis) in respect thereof as a result of the Landlord unreasonably withholding or unduly delaying its consent to an assignment, subletting or other transfer proposed by the Tenant hereunder. The Landlord also acknowledges and agrees that, notwithstanding anything herein contained, the Tenant may, without the prior written Landlord’s consent of but upon notice to the Landlord, make or cause permit portions of the Premises to be made used by the Tenant’s Service Providers. With respect to any alterationsassignment or sublease requiring the Landlord’s consent, improvements, additions, installations, or decorations in or the Tenant will prepare and provide to the Leased Premises. If Landlord so consentsan assignment of lease or sublease, before commencement as the case may be, on the Tenant’s standard form, duly executed by the assignee or subtenant, as the case may be.
(D) Notwithstanding anything herein contained, the Tenant shall have the right upon any Transfer by way of any sublease to direct all rent and other sums payable by the Permitted Transferee under such work or delivery of any materials sublease to the Leased Premises or Landlord rather than to the BuildingTenant; provided, however, that the Tenant shall furnish continue to remain liable for all Base Rent and other sums payable hereunder in respect of the Premises which are demised under such sublease and, to the extent necessary, shall pay to the Landlord for approval: architectural plans and specifications, names and addresses of all contractors and subcontractors, copies of all contracts, affidavits from engineers acceptable to Landlord stating any shortfall in such rent or other sums in the event that the alterations will not in any way adversely affect amounts paid by the mechanical, heating, ventilation, air conditioning, and Permitted Transferee are less than the electrical systems in the Building, necessary permits and licenses, certificates of insurance and instruments of indemnification against any and all claims, costs expenses, damages and liabilities which may arise in connection with such work, and such other documents reasonably requested by Landlord, all in such form and amount as may amounts required to be satisfactory to Landlord. Landlord shall respond in writing to Tenant within fifteen paid.
(15E) days after receipt of any information necessitating the Any consent or approval of Landlord, indicating reasons for its refusal to consent. In addition, prior to commencement of any such work or delivery of any materials into the Leased Premises, Tenant shall provide Landlord with appropriate evidence of Tenant's ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may require. Whether or not Tenant furnishes the foregoing, Tenant agrees to indemnify, defend and hold Landlord, the beneficiaries of Landlord, the parties of such beneficiaries, any mortgage of the building, the Manager and their respective directors, offices, agents and employees (hereinafter for convenience sometimes collectively referred to as the "Landlord Indemnitees") harmless against all claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work, including, but not limited to, environmental related claims and/or liabilities. All such work shall be done only by contractors or mechanics approved by the Landlord to a Transfer shall not constitute a waiver of the necessity for such consent to any subsequent Transfer. To use the Premises for the Contemplated Use and at such time and in such manner as Landlord may from time to time designate. Tenant shall pay the cost of all such work and the cost of decorating the Leased Premises and the Building occasioned thereby. Upon completion of such work, Tenant shall furnish Landlord with Contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith together with any governmental acceptances required by applicable law. All such work shall be performed and completed other uses ancillary thereto in accordance with all applicable legalLaws. The Landlord hereby represents and warrants that the Building and the Lands are properly zoned for the Contemplated Use. Not to do or omit or permit to be done or omitted on the Premises anything which shall cause the insurance premiums for the Building to be increased and if the insurance premiums for the Building shall be increased by reason of anything done or omitted or permitted to be done or omitted by the Tenant or anyone permitted by the Tenant to be upon the Premises, governmental and quasi-governmental statutesthe Tenant shall, requirementswithin five (5) Business Days after receipt of notice from the Landlord setting out in reasonable detail the cause for such increased premiums, ordinances and rules, including but not limited pay to the Board Landlord the amount of Fire Underwriters, federal and state EPA, ADA, and such increase. To comply with all requirements of applicable insurance companies, as such may be amended Laws which relate to the Tenant's use or replaced from time to time. In the event that Landlord provides its approval, if required or volunteered, such shall create no responsibility or liability on the part occupation of the Landlord for Premises or to the completeness, design, sufficiency, or compliance with the afore-mentioned laws, regulations, and requirements. All such work shall be done in a good and workmanlike manner and with the use making of good grades of materials. Tenant shall pay Landlord a fee based on a fifteen percent (15%) mark-up of the cost of the work to be completed for coordinating and ▇▇▇ervising construction operations in connection with such work. In no event shall such supervision by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship of quality of such work or materials for Tenant's intended use or impose any liability upon Landlord in connection with the performance of such work. All alterations, improvements, temporary or permanent, additions and installations to or on the Leased Premises, whether placed there by Landlord or Tenant, shall, unless Landlord requests their removal, become part of the Leased Premises at the time of their installation and shall remain in the Leased Premises at the expiration or termination of this Lease, or termination of Tenant's right of possession of the Leased Premises, without compensation or credit to Tenant.repairs,
Appears in 1 contract
Sources: Lease Agreement
Tenants. Alterations Tenant shall notAs to each Purchased Loan secured by Mortgaged Property which is leased to tenants:
(i) the Mortgaged Property is not subject to any leases other than the leases described in the rent roll contained in the Purchased Loan Documents (hereinafter referred to as the "Leases"), without and such rent roll is accurate and complete in all material respects, including description of the rent and term and any extraordinary rights of tenants (such as option, rights of first refusal and rights of termination). No Person has any possessory interest in the Mortgaged Property or right to occupy the same except under and pursuant to the provisions of the Leases. Each Lease of all or any portion of the Mortgaged Property is subordinate to the Mortgage, unless otherwise approved by the Buyer;
(ii) each such commercial tenant is conducting business, and each such residential tenant is residing, only in that portion of the Mortgaged Property covered by its lease; (B) no leases contain any option to purchase, any right of first refusal to lease or purchase, any right to terminate the lease or vacate the premises prior written consent to expiration of Landlord, make or cause to be made any alterations, improvements, additions, installationsthe lease term, or decorations in or to the Leased Premises. If Landlord so consents, before commencement of any such work or delivery of any materials to the Leased Premises or the Building, Tenant shall furnish to Landlord for approval: architectural plans and specifications, names and addresses of all contractors and subcontractors, copies of all contracts, affidavits from engineers acceptable to Landlord stating that the alterations will not in any way other similar provisions which adversely affect the mechanical, heating, ventilation, air conditioning, and Mortgaged Property or which might adversely affect the electrical systems in the Building, necessary permits and licenses, certificates of insurance and instruments of indemnification against any and all claims, costs expenses, damages and liabilities which may arise in connection with such work, and such other documents reasonably requested by Landlord, all in such form and amount as may be satisfactory to Landlord. Landlord shall respond in writing to Tenant within fifteen (15) days after receipt rights of any information necessitating holder of the consent Purchased Loan;
(iii) no Lease contains a non-disturbance or approval similar recognition agreement; (A) except as otherwise disclosed to Buyer in writing, there are no prior recorded assignments of Landlord, indicating reasons for its refusal to consent. In addition, prior to commencement the Leases or of any such work or delivery of any materials into the Leased Premises, Tenant shall provide Landlord with appropriate evidence of Tenant's ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may require. Whether or not Tenant furnishes the foregoing, Tenant agrees to indemnify, defend and hold Landlord, the beneficiaries of Landlord, the parties of such beneficiaries, any mortgage portion of the buildingrents, the Manager additional rents, charges, issues or profits due and their respective directors, offices, agents payable or to become due and employees payable thereunder (hereinafter for convenience sometimes collectively referred to as the "Landlord IndemniteesRents") harmless against all claims which are now outstanding and liabilities have priority over the assignment of every kind, nature leases contained in the Purchased Loan Documents and description which may arise out of or in any way be connected with such work, including, but not limited to, environmental related claims and/or liabilities. All such work shall be done only by contractors or mechanics approved by the Landlord and at such time and in such manner as Landlord may from time to time designate. Tenant shall pay the cost of all such work and the cost of decorating the Leased Premises and the Building occasioned thereby. Upon completion of such work, Tenant shall furnish Landlord with Contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith together with any governmental acceptances required by applicable law. All such work shall be performed and completed in accordance with all applicable legal, governmental and quasi-governmental statutes, requirements, ordinances and rules, including but not limited to the Board of Fire Underwriters, federal and state EPA, ADA, and all requirements of applicable insurance companies, as such may be amended or replaced from time to time. In the event that Landlord provides its approval, if required or volunteered, such shall create no responsibility or liability on the part of the Landlord for the completeness, design, sufficiency, or compliance with the afore-mentioned laws, regulations, and requirements. All such work shall be done in a good and workmanlike manner and with the use of good grades of materials. Tenant shall pay Landlord a fee based on a fifteen percent (15%) mark-up of the cost of the work to be completed for coordinating and ▇▇▇ervising construction operations in connection with such work. In no event shall such supervision by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship of quality of such work or materials for Tenant's intended use or impose any liability upon Landlord in connection with the performance Purchased Loan; (B) except as may be disclosed in the rent roll contained in the Purchased Documents, no tenant is more than twenty-nine (29) days delinquent in the payment of such work. All alterationsrent nor in default under any material provision of its Lease, improvements, temporary or permanent, additions all material conditions and installations to or obligations on the Leased Premises, whether placed there by Landlord or Tenant, shall, unless Landlord requests their removal, become underlying obligor's part to be fulfilled under the terms of any Lease of the Leased Premises at Mortgaged Property have been satisfied or fully performed, and all Leases are in full force and effect; and (C) each Lease provides for payment of rent by check on a monthly basis; no tenant has advanced more than one (1) month's payment under any Lease; and no Person affiliated with the time underlying obligor is a tenant under any Lease; and
(iv) the underlying obligor is the owner and holder of their installation the landlord's interest under any leases, and shall remain the related Mortgage and assignment of leases, rents and profits, if any, provides for the appointment of a receiver for rents or allows the mortgagee to enter into possession to collect rent or provide for rents to be paid directly to mortgagee in the Leased Premises at event of a default, subject to the expiration or termination exceptions described in clause (4) of this Lease, or termination of Tenant's right of possession of the Leased Premises, without compensation or credit to Tenant.Exhibit V.
Appears in 1 contract