Upfit Clause Samples
The Upfit clause defines the process and responsibilities for making modifications or improvements to a leased property, typically to suit the tenant's specific needs. It outlines who is responsible for the design, approval, and construction of these changes, as well as how costs are allocated between landlord and tenant. This clause ensures that both parties understand their obligations regarding property alterations, thereby preventing disputes and clarifying expectations during the lease term.
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Upfit. Lessor hereby consents to the upfit by Sublessee of 10,000 square feet of unfurnished space in the Premises (the “Shell Space”) at Sublessee’s sole cost and expense, subject to (a) the approval of Lessor of the plans for such upfit; (b) the plan shall provide that the upfit will be performed and Sublessee shall perform the upfit in a good and workmanlike manner using materials that are substantially similar and of better or equal quality to those presently contained in the Premises; (c) the plan shall provide Sublessee shall use contractors and engineers that are licensed in North Carolina and are qualified to perform the work to prepare the Premises for its intended use, each as reasonably acceptable to Lessor; (d) Sublessee shall not commence any such work without first delivering to Lessor a policy or policies of workers’ compensation and commercial general liability insurance naming Lessor as an additional insured; (e) Sublessee and Lessee warrant that any upfit installed by Sublessee will not violate the permitted uses of the Premises, will comply with all applicable building codes and zoning laws, and will not impact the structure of the Shell Building, the Shell Space or the Tenant Upfit; (f) Sublessee shall furnish Lessor with all permits required prior to commencement of the upfit work and all certificates and approvals with respect to the upfit that may be required by any governmental authority and deliver to Lessor properly executed general and subcontractor affidavits stating that all laborers and materialmen have been paid in full and final waivers of liens and lien releases from all general contractors and subcontractors who have performed the upfit or furnished materials to the Premises as a result of the upfit by Sublessee; and (g) Sublessee, at its expense, shall deliver, within thirty (30) days after completion of the upfit, the as-built plans to the Lessor. All Tenant Upfit and other upfit currently in the Premises as of the date of this Agreement and the Sublease, all Lessor Trade Fixtures (as hereinafter defined) and all upfit performed by the Sublessee shall immediately become Lessor’s property without compensation to Lessee or Sublessee and shall remain on the Premises upon the termination or earlier expiration of the Sublease, and Lease.
Upfit. Landlord shall provide Tenant with a tenant improvement allowance (the ----- "Allowance") in the amount necessary to pay for all costs incurred by Landlord for the architectural and engineering (plumbing, mechanical and electrical) design and construction of the Upfit, as shown on the Schematic Space Plan, Exhibit C-1, which is attached hereto and incorporated herein by reference in ----------- its entirety (the "Upfit"). Notwithstanding the foregoing, Tenant shall, upon receipt of Landlord's invoice therefor, which Landlord shall deliver to Tenant at the time the Leased Premises are substantially complete, reimburse Landlord in the amount equal to One Hundred Twenty Thousand Dollars ($120,000.00) for a portion of the construction costs for the Leased Premises.
Upfit. Upon completion of the floor plans and finish specifications for upfitting the Premises by Lessor's contractor, Lessor shall contract to upfit the Premises with a contractor licensed to do business in the state of North Carolina in substantial accordance with the approved floor plans and finish specifications, a copy of which shall be attached hereto as Exhibit "C" and incorporated herein by reference.
Upfit. Tenant may make Alterations and other upfit subject to Sections 12, 13, and all other terms in this Lease governing same. Notwithstanding anything contrary in this Lease, Landlord is not responsible for any upfit whatsoever.