Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.
Appears in 7 contracts
Samples: www.sec.gov, Industrial Building Lease (Bway Corp), Industrial Building Lease (Bway Corp)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings additions, alterations, changes or improvements in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Leased Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, (excluding trade fixtures and typical office partitions) without the prior written consent of Landlord Landlord, which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheldwithheld with respect to alterations, changes or improvements which do not affect the structure, tenant improvements, or outward appearance of the Leased Premises. Notwithstanding In the preceding sentenceevent that Landlord consents to such additions, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentalterations, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required changes or improvements, then all additions, alterations, changes or improvements shall be commenced by Tenant until Tenant has furnished constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlordmay, evidencing workmen’s compensation coverageat its option, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. require Tenant, at its Tenant’s sole cost and expense, will make to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Building, Project and Park free from all Alterations on mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the Premises which may be necessary by direction of Tenant in connection with the act or neglect Leased Premises, and agrees to obtain the discharge of any other person lien which attaches as a result of such work immediately after such lien attaches or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of labor or material is due. Notice is hereby given to all work free Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which no mechanics’ or other liens shall attach to or affect Landlord’s consent interest in the Project, Building, Leased Premises, or Park as a result thereof. Landlord hereby reserves the right at any time and from time to time, during the term hereof, to make any additions, alterations, changes or improvements (including without limitation, building additional stories) on, in, or to the Building and Project, and to build additional structures adjoining thereto, provided same does not unreasonably interfere with Tenant’s use of the Leased Premises. Any of Tenant’s alterations, additions, changes or improvements shall be required shall obtain commercial general liability, worker’s compensation made at such times and such other liability insurance in such amounts manner as may be reasonably required not to unreasonably interfere with the occupation, use and enjoyment of the remainder of the Project by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesother tenants thereof.
Appears in 4 contracts
Samples: Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not at make or permit any time during the Term of this Lease make any openings Alterations in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which without first obtaining Landlord’s consent, as to non-structural or non-systems repairs, which consent shall not be unreasonably withheld. Notwithstanding With respect to any Alterations made by or on behalf of Tenant (whether or not the preceding sentence, Tenant may make non-structural Alterations without obtaining Alteration requires Landlord’s prior written consent, provided the total cost of such non-structural Alteration is ): (i) not less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration 10 days prior to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord with a written certification reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the Alteration does installation and removal of them will not have affect any adverse environmental impact on structural portion of the premisesProperty, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 4 contracts
Samples: Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc)
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Estate from any proposed works to or at the Premises[ or the Estate]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises126]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and127 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent128 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];129 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 4 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Building from any proposed works to or at the Premises[ or the Building]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises112]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and113 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent114 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];115 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 3 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Building from any proposed works to or at the Premises[ or the Building]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises132]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and133 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent134 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];135 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 3 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. Tenant shall will not at any time during the Term of this Lease make any openings alterations, repairs, additions or improvements in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectivelyfor purposes of this Article 12, any of the foregoing being referred to as the “AlterationsWork”) or add, disturb or in any portion thereof withoutway change any plumbing, in each instancewiring, life/safety or mechanical systems, locks, or structural portions of the Building without the prior written consent of the Landlord which consent, as to non-structural or non-systems repairsthe character of the Work, the manner of doing the Work, and the contractor(s) doing the Work. Such consent shall not be unreasonably withheldwithheld or delayed. Notwithstanding As a condition to Landlord’s consent to Work proposed by Tenant, Landlord may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish surety performance and/or payment bonds or other security for the preceding sentencepayment of all costs incurred in connection with such Work, insurance against liabilities that may arise out of such Work, plans and specifications approved by Landlord and permits necessary for such Work. If such Work is performed by contractor(s) not retained by Landlord, Tenant may make non-structural Alterations without obtaining Landlordshall upon completion of such Work, (i) deliver to Landlord evidence that payment for all such Work has been made by Tenant, contractors’ affidavits and full and final mechanic’s prior written consent, provided lien waivers; and (ii) pay to Landlord a construction supervision fee of five percent (5%) of the total cost of such non-structural Alteration is Work, but in no event less than Twenty Thousand Dollars ($20,000.00) per occurrence 500.00 to reimburse Landlord for the costs incurred by its construction manager in inspecting and supervising such Work; provided, however, that Tenant shall have no obligation to pay Landlord any construction supervision fee for changes costing $5,000.00 or less than Fifty Thousand Dollars ($50,000.00) in that do not affect any plumbing, wiring, life/safety or mechanical systems or the aggregate per calendar yearBuilding structure. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of All such Alterations. Any Alteration by Tenant hereunder Work shall be done in a good and workmanlike manner in compliance using quality materials and shall comply with any all applicable governmental lawlaws, statuteordinances, ordinance rules and regulations. Tenant agrees to indemnify and hold Landlord free and harmless from any liability, loss, cost, damage or regulation. Upon completion expense (including attorney’s fees) by reason of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages Work. The provisions of Article 27 of this Lease Agreement shall be provided apply to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesall Work performed under this Article 12.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement (Virtual Radiologic CORP), Lease Agreement (Virtual Radiologic CORP)
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Building from any proposed works to or at the Premises[ or the Building]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises114]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and115 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent116 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];117 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 2 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. A. Tenant shall may not at alter (including making any time during penetrations to the Term of this Lease make any openings in the roof or roof, exterior walls of the Building or make any alterationfoundation), addition improve, or improvement add to the Premises (collectively, “Alterations”) Property or any portion thereof without, in each instance, the prior leased premises without Landlord's written consent. Landlord will not unreasonably withhold consent of Landlord which consent, as for the Tenant to make reasonable non-structural alterations. modifications, or non-systems repairsimprovements to the leased premises. B. Tenant may not alter any locks or any security devices on the Property or the leased premises without Landlord's consent. If Landlord authorizes the changing, shall not be unreasonably withheld. Notwithstanding the preceding sentenceaddition, or rekeying of any locks or other security devices, Tenant may make non-structural Alterations without obtaining must immediately deliver the new keys and access devices to Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration C . If a governmental order requires alteration or modification to the Premises for which Landlord’s consent is required shall leased premises, the party obligated to maintain and repair the item to be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate modified or certificates from an insurance company acceptable to Landlordaltered as designated in Paragraph 15 will, evidencing workmen’s compensation coverageat its expense, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person modify or property, on or off alter the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner item in compliance with the order and in compliance with Paragraphs 16A and 17. D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by either party during the term of this lease will become Landlord's property and must be surrendered to Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove under Paragraph 11 or 14 or if the parties agree otherwise in writing. 17. LIENS: Tenant may not do anything that will cause the title of the Property or leased premises to be encumbered in any applicable governmental law, statute, ordinance way. If Tenant causes a lien to be filed against the Property or regulation. Upon completion of any Alteration by Tenant hereunderleased premises, Tenant shall furnish will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of record; or (2) take action to discharge the lien. Tenant will provide Landlord with a copy of the “as built” plans covering such constructionany release Tenant obtains pursuant to this paragraph. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises18.
Appears in 2 contracts
Samples: FlexEnergy Green Solutions, Inc., FlexEnergy Green Solutions, Inc.
Alterations. (a) Tenant may make, with respect to any Site, any non-structural alterations it may desire not exceeding the Annual Alteration Threshold in any 12-month period without Landlord’s prior written consent. Any alterations and additions (1) which will exceed the Annual Alteration Threshold or (2) is structural in nature, shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof withoutrequire, in each instancecase, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld withheld, conditioned or delayed. Any improvements and alterations shall remain the property of Tenant unless paid for by Landlord or purchased by Landlord as noted above as part of the Bowling Equipment; provided, however, such alterations and improvements (bother than the Bowling Equipment) which are not removed by Tenant as the end of the Term shall become Landlord’s property at the expiration or earlier termination of the Lease without further act, deed or payment. All structural and non-structural alterations and additions (i) shall not adversely affect the value, use or operations of a Site for the Permitted Use, (ii) shall be completed in compliance with all laws, codes, rules, regulations and ordinances, and (iii) if performed without Landlord’s prior written consent, shall not adversely affect in any way the structural exterior or roof elements of the Premises (excluding installations installed upon the exterior and roof which do not adversely affect the structural or operating integrity of such item). Tenant shall furnish to Landlord an estimate give prior written notice of the cost of the proposed workany structural alterations, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld additions or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory improvements to Landlord. At Landlord’s option, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which improvement made without Landlord’s consent shall be required shall obtain commercial general liability, workerremoved and the area repaired at Tenant’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases expense at the termination of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesTerm.
Appears in 2 contracts
Samples: Lease I Agreement (Amf Bowling Worldwide Inc), Lease Ii Agreement (Amf Bowling Worldwide Inc)
Alterations. The Tenant shall will take into consideration any impact on the Environmental Performance of the Premises from any proposed works to or at the Premises. Underletting Defined terms This Schedule 7 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not at any time during less than [NUMBER] years calculated from the Term date on which the underlease is completed;] lawfully excluded from the security of this Lease make any openings tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the roof or exterior walls case of an Underlease of a Permitted Part, a due proportion, of the Building or make any alterationInsurance Rent and other sums, addition or improvement excluding the Main Rent, payable by the Tenant under this Lease; for rent review at [five yearly] intervals and otherwise on the same terms as in Schedule 2; and85 for change of use and alterations corresponding to those in this Lease; in the case of an Underlease of a Permitted Part, containing provisions requiring the Undertenant to pay by way of a yearly service charge as additional rent a fair and reasonable proportion of the costs incurred by the Tenant in providing all services to the Premises (collectivelythat would be usual on an underletting of part, “Alterations”) including the payment of quarterly advance payments and a balancing payment at the end of each service charge year; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent86 of the Landlord and the Tenant on terms corresponding to those in this Lease and a covenant not to assign part only of the Underlet Premises; [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];87 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed workUnderlease; and if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, certified containing other provisions corresponding with those in this Lease; “Approved Undertenant”88 a person approved by the architect Landlord and who prepared such plans has entered into a direct deed with the Landlord agreeing: to comply with the terms of the Approved Underlease; and specifications; (c) all contracts for to procure that any proposed work shall be submitted to assignee of the Underlet Premises enters into a direct deed in the same terms as set out in this definition of Approved Undertenant; [“Permitted Part” any part of the Premises that the Landlord approves; OR any of the following: a whole floor of the Premises; [or] two or more adjoining whole floors of the Premises; [or] [part of a floor of the Premises [if underlet with an adjoining whole floor]] in each case having independent means of access, for general access and for servicing, from the public highway or from those parts of the Premises approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to the Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment as common parts for the completion use and enjoyment of all work free the Tenant and clear any permitted undertenants of liens. Tenant further agrees that all contractors engaging in the Underlet Premises;] “Sub-Underlease” any construction activity by and for the benefit sub-underlease created out of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protectionUnderlease; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of “Sub-Undertenant” any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with tenant under a written certification that the Alteration does not have any adverse environmental impact on the premises.Sub-Underlease;
Appears in 2 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Estate from any proposed works to or at the Premises[ or the Estate]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises114]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and115 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent116 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];117 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 2 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. Tenant shall not make any alterations to the Premises or any other aspect of the Project, without Landlord's prior written consent, which consent Landlord may withhold in its reasonable but subjective discretion. All permitted alterations must be performed in compliance with Landlord's standard rules and regulations regarding alterations. All alterations will become the property of Landlord and will remain upon and be surrendered with the Premises at any time during the end of the Term of this Lease make Lease; provided, however, Landlord may require Tenant to remove any openings in or all alterations at the roof or exterior walls end of the Building Term of this Lease. If Tenant fails to remove by the expiration or make any alterationearlier termination of this Lease all of its personal property, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof withoutalterations identified by Landlord for removal, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantmay, at its option, treat such failure as a hold-over pursuant to Subparagraph 11(b) above, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and/or alterations as abandoned and, at Tenant's sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans expense and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory addition to Landlord's other rights and remedies under this Lease, at law or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitationequity: (a) contractor’s remove and owners protectionstore such items; and/or (b) blanket contractual upon ten (10) days" prior notice to Tenant, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Tenant shall be liable for all costs of disposition of Tenant's abandoned property and Landlord shall have no liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverageto Tenant with respect to any such abandoned property. Prior Landlord agrees to apply the commencement proceeds of any construction activitysale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys" fees and other costs incurred in the removal, certificates storage and/or sale of such insurance coverages shall items), with any remainder to be provided paid to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesTenant.
Appears in 2 contracts
Samples: Early Possession Agreement (Litronic Inc), Early Possession Agreement (Litronic Inc)
Alterations. Tenant shall not make, or suffer to be made, any ----------- alterations, improvements or additions in, on, about or to the Premises or any part thereof, without the prior written consent of Landlord (which shall not be unreasonably withheld or delayed) and without a valid building permit issued by the appropriate governmental authority. As a condition to giving such consent, Landlord may require that Tenant agree to remove any such alterations, improvements or additions at any time during the Term termination of this Lease make Lease, and to restore the Premises to their prior condition. Unless Landlord requires that Tenant remove any openings in the roof such alteration, improvement or exterior walls of the Building or make addition, any alteration, addition or improvement to the Premises, except movable furniture and trade fixtures not affixed to the Premises, shall become the property of Landlord upon termination of the Lease and shall remain upon and be surrendered with the Premises at the termination of this Lease. Without limiting the generality of the foregoing, all heating, lighting, electrical (collectivelyincluding all wiring, “Alterations”) conduit, outlets, drops, xxxx ducts, main and subpanels), air conditioning, partitioning, drapery, and carpet installations made by Tenant regardless of how affixed to the Premises, together with all other additions, alterations and improvements that have become an integral part of the Building, shall be and become the property of the Landlord upon termination of the Lease, and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of this Lease. If, during the Term hereof, any alteration, addition or change of any sort to all or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statuteregulation, ordinance or regulation. Upon completion order of any Alteration by Tenant hereunderpublic agency, Tenant shall furnish Landlord with a copy of promptly make the “as built” plans covering such construction. Tenant, same at its sole cost and expense. If during the Term hereof, will make all Alterations on any alteration, addition, or change to the Premises which may be necessary Outside Area is required by the act law, regulation, ordinance or neglect order of any other person or corporation (public or private)agency, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans Landlord shall make the same and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed worksuch alteration, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work addition or change shall be submitted to a Outside Area Charge and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish pay said cost to Landlord a bond as provided in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesParagraph 12 above.
Appears in 2 contracts
Samples: Lease Agreement (Verisign Inc/Ca), Lease Agreement (Verisign Inc/Ca)
Alterations. Subsequent to the completion of any Landlord’s Work pursuant to Section 2, Tenant shall not at attach any time during fixtures, equipment or other items to the Term of this Lease make any openings in the roof Premises, or exterior walls of the Building paint or make any alterationother additions, addition changes, alterations, repairs or improvement improvements (collectively hereinafter “alterations”) to the Premises (collectivelyPremises, “Alterations”) Building or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations Property without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration which with respect to alterations to the Premises for which Landlord’s consent will not be unreasonably withheld, conditioned or delayed so long as Tenant is required shall be commenced by Tenant until Tenant has furnished not then in default of this Lease (beyond any applicable cure period). If Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage consents to any person or propertyalteration, on or off the Premises, arising out Landlord may post notices of and during the making of such Alterationsnonresponsibility in accordance with law. Any Alteration by alterations so made shall remain on and be surrendered with the Premises upon expiration or earlier termination of this Lease, except that Landlord may, but subject to the next grammatical sentence, within thirty (30) days before the expiration or earlier termination hereof elect in writing to require Tenant hereunder shall be done in a good and workmanlike manner in compliance with to remove any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. all alterations at Tenant, at its ’s sole cost and expense. At the time Tenant submits plans for requested alterations to Landlord for Landlord’s approval, Tenant may request Landlord to identify which alterations Landlord will require Tenant to remove at the termination of or expiration of this Lease, and Landlord shall make all Alterations on such identification simultaneous with its approval (if any) of the alterations. If Landlord elects to require removal of alterations, then at its own and sole cost Tenant shall restore the Premises which may be necessary by to substantially the act same the condition (reasonable wear and tear and damage from fire or neglect other insured casualty excepted) existing prior to the installation of any other person such alteration or corporation (public or private)improvement, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate before the last day of the cost of term. Notwithstanding anything contained in this Lease to the proposed workcontrary, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall not be required shall obtain commercial general liabilityfor (i) any interior decorative changes such as partitioning, workercarpeting, installation of shelves, painting, wallpapering, or for (ii) any non-structural alterations which do not affect the Building’s compensation structure or the Building Systems and such other liability insurance Equipment, provided, that any of the foregoing in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured either (i) or (ii) above do not require a building permit and providing liability coverage during all phases of construction includingdo not cost more than $10,000.00 in any one particular instance (collectively, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage“Cosmetic Alterations”). Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that at least fifteen (15) days advance notice of any proposed Cosmetic Alterations. Except as expressly set forth to the Alteration does not have any adverse environmental impact on contrary above, Tenant shall otherwise comply with the premisesprovisions of this Section 10 with respect to Cosmetic Alterations in the same manner as if they were alterations requiring Landlord’s consent hereunder.
Appears in 2 contracts
Samples: Office Lease (Carbon Black, Inc.), Office Lease (Carbon Black, Inc.)
Alterations. Except for any Permitted Alterations (as defined below), Tenant shall not at any time during the Term of this Lease make any openings in the roof alterations, additions, improvements, or exterior walls of the Building or make any alteration, addition or improvement installations to the Premises (collectivelyPremises, “Alterations”) or attach any portion thereof withoutfixtures or equipment thereto, in each instance, without the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) . Any request by Tenant to make any such alterations or additions shall furnish to Landlord an estimate of the cost of the proposed work, certified in each instance be accompanied by the architect who prepared such plans and specifications; (c) specifications for such alterations and additions in such detail as Landlord shall reasonably require and prepared by an architect/engineer designated by Landlord. Unless otherwise agreed, all contracts for any proposed work such approved alterations and other improvements shall be submitted made by Landlord at Tenant’s sole expense and shall become the property of Landlord and be surrendered with the Premises upon the expiration of this Lease. However, Landlord may, at Landlord’s option and by written notice at the time such alteration, improvement, decoration or furnishing is approved, require Tenant to remove any or all such alterations, improvements (other than the initial Tenant Improvements), decorations, and furnishings pursuant to this Article only, and repair any damage to the Premises resulting from such alterations, upon the expiration or earlier termination of this Lease. All construction work done by Tenant within the Premises shall be performed in good and workmanlike manner, in accordance with the plans and specifications approved by Landlord, which approval in compliance with all governmental requirements, and in such a manner as to cause a minimum of interference with other tenants in the Building. Tenant agrees to indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage. Notwithstanding the foregoing, Tenant shall not be unreasonably withheld or delayed; and have the right to make non-structural, non-MEP (dmechanical, electrical, plumbing) alterations without the consent of Landlord (“Permitted Alterations”), so long as (i) Tenant shall either furnish notifies Landlord in writing of its intention to do such work at least ten (10) days prior to the initiation of such work, (ii) Tenant provides to Landlord a bond in form copy of plans and substance satisfactory specifications for such work, a construction schedule and a list of contractors and subcontractors, which shall be subject to Landlord’s reasonable approval, or (iii) such other security reasonably satisfactory alterations do not cause excessive loads on the Building and its systems and are not visible from the exterior of the Premises, and (iv) Tenant obtains and furnishes to Landlord to insure payment for required building permits and certificates of occupancy, if any are required. At the completion time of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liabilityreview of Tenant’s plans and specifications for Permitted Alterations, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of will notify Tenant whether or not any construction activity, certificates of such insurance coverages shall Permitted Alterations must be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that removed at the Alteration does not have any adverse environmental impact on expiration or termination of the premisesTerm.
Appears in 2 contracts
Samples: Industrial Lease Agreement, Industrial Lease (Wells Real Estate Investment Trust Ii Inc)
Alterations. Tenant shall not at make or permit to be made any time during the Term of this Lease make any openings material alterations, changes or additions in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the without prior written consent of Landlord which consentLandlord; it being understood that Landlord’s consent shall not be required for any alterations, as to non-changes or improvements that satisfies all of the following criteria (a “Permitted Alteration”): (i) will not cost more than Twenty Five Thousand Dollars ($25,000.00) in any year; (ii) is not visible from the exterior of the Premises or Buildings; and (iii) it will not affect the structural elements of the Buildings or non-the systems repairs, serving the Building. Such consent shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of Any such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate approved changes or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder additions shall be done in a good either by or under the direction of Landlord at the cost of Tenant, and workmanlike manner in compliance excepting any trade fixtures shall become immediately the property of Landlord, and shall remain upon and be surrendered with any applicable governmental law, statute, ordinance the Premises upon expiration or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy earlier termination of the “as built” plans covering such constructionTerm of this Lease. Tenant, at its sole cost and expense, will make all Alterations Any movable furniture remaining on the Premises which at the end of the Term hereof shall be removed by Tenant or if not so removed, shall, at the option of Landlord, become the property of Landlord, and may be necessary sold or retained by Landlord without duty to pay Tenant any amount or account to Tenant for the act or neglect proceeds of any other person or corporation (public or private), except for Landlord, its agents, employees or contractorssale. Before commencing Tenant hereby waives the provisions of Civil Code 1980-1991 at they may apply to any Alterations disposition of any personal property remaining at the Premises after a default and agrees that (a) plans and specifications therefor, prepared by a licensed architect, this Lease shall be submitted a xxxx of sale with respect to any personal property remaining on the Premises and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant sale or other disposition of such personal property conducted in accordance with this Lease shall furnish to Landlord be an estimate accepted method of disposing of such personal property in lieu of the cost method provided by Sections 1980-1991 of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesCivil Code.
Appears in 2 contracts
Samples: Office Lease (Marrone Bio Innovations Inc), Office Lease (Marrone Bio Innovations Inc)
Alterations. Tenant shall not at make or suffer to be made any time during the Term of this Lease make any openings in the roof alterations, additions, or exterior walls improvements to or of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such which Landlord may withhold in its sole discretion, except that Landlord’s consent shall not be required for non-structural Alteration is alterations costing less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars fifty thousand dollars ($50,000.00) in that are not visible from the aggregate per calendar yearexterior of the Premises. No Alteration All alterations, additions, and improvements to the Premises for which Landlord’s consent is required Premises, including but not limited to floor coverings, wall coverings, window coverings, paneling, and built-in cabinet work, but excluding movable furniture, trade fixtures, and other unattached personal property, shall be commenced by Tenant until Tenant has furnished Landlord with on the expiration of the Term become a satisfactory certificate or certificates from an insurance company acceptable part of the realty and belong to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance surrendered with any applicable governmental law, statute, ordinance the Premises whether or regulationnot installed with Landlord’s consent. Upon completion of any Alteration by Tenant hereunderNotwithstanding the foregoing, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantshall, at its sole cost and expense, will make remove any alterations, additions, or improvements designated for removal by Landlord upon written notice given to Tenant within thirty (30) days after the termination of this Lease. If Tenant receives any such designation at least ten (10) days before the termination of this Lease, the removal shall be completed prior to termination. Otherwise the removal shall be completed within ten (10) days after Tenant’s receipt of Landlord’s designation. Tenant shall repair any damage to the Complex caused in connection with the removal of any items pursuant to this article and restore all Alterations on damaged areas to a condition consistent with the Premises surrounding finish. Landlord’s consent to any alterations, additions, or improvements, when given, shall be deemed to be conditioned upon Tenant acquiring any governmental approvals or permits which may be necessary by the act or neglect of any other person or corporation (public or private)required, except for Landlordall at Tenant’s sole cost and expense. All alterations, its agentsadditions, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, improvements shall be submitted to made by Tenant at Tenant’s sole cost and approved expense by licensed contractors and in compliance with all laws and regulations. If requested by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish provide a Payment and Performance Bond for Landlord Approved Construction over One Hundred Thousand Dollars ($100,000.00). Each contractor must first be approved in writing by Landlord. Tenant shall cause its contractors to submit to Landlord an estimate of prior to entering the cost of the proposed work, certified by the architect who prepared such plans Complex certificates and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other endorsements evidencing liability insurance meeting the requirements for Tenant’s commercial generally liability policy set forth in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured Article 10 hereof and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s workers compensation coverage and employer’s liability coveragecoverage as required by law. Prior to the commencement of any construction activityEach commercial general liability policy shall name as additional insureds Landlord, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration’s property manager, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesand Landlord’s Mortgagees.
Appears in 2 contracts
Samples: Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.)
Alterations. (a) Tenant shall not at any time during the Term of this Lease make any openings no alterations, improvements or additions in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises or any part thereof (individually and collectively, “Alterations”) or any portion thereof without, in each instance, without giving Landlord prior notice of the proposed Alterations and obtaining Landlord’s prior written consent of Landlord thereto, which consent, except as to non-structural or non-systems repairshereinafter provided, shall not be unreasonably withheld, conditioned or delayed; provided, however, Landlord may withhold its consent if it determines, in its sole, but good faith, judgment, that any proposed Alterations would adversely affect any of the structural elements of the Building, the Building’s electrical, plumbing, heating, telecommunications, mechanical or life safety systems, or be visible from or affect the exterior of the Building. Notwithstanding the preceding sentenceforegoing, Tenant may shall be permitted to make non-structural Alterations without obtaining Landlord’s prior written consentcosmetic, provided nonstructural Alterations, additions or improvements entirely within the total interior of the Premises, which do not adversely affect any Building systems, do not require the issuance of any electrical or building permit, and cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and year (“Tenant Permitted Alterations”), as to which Tenant shall be required to give Landlord not less than Fifty Thousand Dollars five ($50,000.005) business days prior written notice, but which Tenant may perform without the requirements of this Paragraph relating to the prior written consent of Landlord (but otherwise without waiving or releasing Tenant from compliance with any of the other provisions of this Article applicable to Alterations). Tenant shall not, without the prior written consent of Landlord in accordance with this Paragraph 12(c), erect or install any exterior or interior window or door signs, or any other type of sign or placard, whether within or outside the aggregate per calendar yearBuilding. No Alteration All signs and placards visible from or attached to any windows or exterior Building elements must comply with the City of Oakland signage requirements applicable to the Project. Any and all signage shall be deemed “Alterations” for all purposes of this Lease. Notwithstanding the foregoing, Tenant shall be permitted to install (i) identity signage at the main entry to the Premises for on each floor on which the Premises is located, subject to compliance with Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable general guidelines relating to signs inside the Building on office-occupancy floors, and (ii) exterior signage subject to Landlord, evidencing workmen’s compensation coverage, reasonable consent provided the same complies with all applicable laws and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesregulations.
Appears in 2 contracts
Samples: Office Lease (ThredUp Inc.), Office Lease (ThredUp Inc.)
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Building from any proposed works to or at the Premises[ or the Building]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises123]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and124 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent125 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];126 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 2 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. Tenant shall not at make or suffer to be made any time during the Term of this Lease make any openings in the roof alterations, additions, or exterior walls improvements to or of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such which Landlord may withhold in its sole discretion, except that Landlord’s consent shall not be required for non-structural Alteration is alterations costing less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars fifty thousand dollars ($50,000.00) in that are not visible from the aggregate per calendar yearexterior of the Premises. No Alteration All alterations, additions, and improvements to the Premises for which Landlord’s consent is required Premises, including but not limited to floor coverings, wall coverings, window coverings, paneling, and built-in cabinet work, but excluding movable furniture, trade fixtures, and other unattached personal property, shall be commenced by Tenant until Tenant has furnished Landlord with on the expiration of the Term become a satisfactory certificate or certificates from an insurance company acceptable part of the realty and belong to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance surrendered with any applicable governmental law, statute, ordinance the Premises whether or regulationnot installed with Landlord’s consent. Upon completion of any Alteration by Tenant hereunderNotwithstanding the foregoing, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantshall, at its sole cost and expense, will make all Alterations on remove any alterations, additions, or improvements designated for removal by Landlord upon written notice given to Tenant within thirty (30) days after the termination of this Lease. If Tenant receives any such designation at least ten (10) days before the termination of this Lease, the removal shall be completed prior to termination. Otherwise the removal shall be completed within ten (10) days after Tenant’s receipt of Landlord’s designation. Tenant shall repair any damage to the Premises caused in connection with the removal of any items pursuant to this article and restore all damaged areas to a condition consistent with the surrounding finish. Landlord’s consent to any alterations, additions, or improvements, when given, shall be deemed to be conditioned upon Tenant acquiring any governmental approvals or permits which may be necessary by the act or neglect of any other person or corporation (public or private)required, except for Landlordall at Tenant’s sole cost and expense. All alterations, its agentsadditions, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, improvements shall be submitted to made by Tenant at Tenant’s sole cost and approved expense by licensed contractors and in compliance with all laws and regulations. If requested by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish provide a Payment and Performance Bond for Landlord Approved Construction over One Hundred Thousand Dollars ($100,000.00). Each contractor must first be approved in writing by Landlord. Tenant shall cause its contractors to submit to Landlord an estimate of prior to entering the cost of the proposed work, certified by the architect who prepared such plans Premises certificates and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other endorsements evidencing liability insurance meeting the requirements for Tenant’s commercial generally liability policy set forth in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured Article 10 hereof and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s workers compensation coverage and employer’s liability coveragecoverage as required by law. Prior to the commencement of any construction activityEach commercial general liability policy shall name as additional insureds Landlord, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration’s property manager, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesand Landlord’s Mortgagees.
Appears in 2 contracts
Samples: Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.)
Alterations. Tenant shall not at make or suffer to be made any time during the Term of this Lease make any openings in the roof alterations, additions, or exterior walls improvements to or of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such which Landlord may withhold in its sole discretion, except that Landlord’s consent shall not be required for non-structural Alteration is alterations costing less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars fifty thousand dollars ($50,000.00) in that are not visible from the aggregate per calendar yearexterior of the Premises. No Alteration All alterations, additions, and improvements to the Premises for which Landlord’s consent is required Premises, including but not limited to floor coverings, wall coverings, window coverings, paneling, and built-in cabinet work, but excluding movable furniture, trade fixtures, and other unattached personal property, shall be commenced by Tenant until Tenant has furnished Landlord with on the expiration of the Term become a satisfactory certificate or certificates from an insurance company acceptable part of the realty and belong to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance surrendered with any applicable governmental law, statute, ordinance the Premises whether or regulationnot installed with Landlord’s consent. Upon completion of any Alteration by Tenant hereunderNotwithstanding the foregoing, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantshall, at its sole cost and expense, will make all Alterations on remove any alterations, additions, or improvements designated for removal by Landlord upon written notice given to Tenant within thirty (30) days after the termination of this Lease. If Tenant receives any such designation at least ten (10) days before the termination of this Lease, the removal shall be completed prior to termination. Otherwise the removal shall be completed within ten (10) days after Tenant’s receipt of Landlord’s designation. Tenant shall repair any damage to the Premises caused in connection with the removal of any items pursuant to this article and restore all damaged areas to a condition consistent with the surrounding finish. Landlord’s consent to any alterations, additions, or improvements, when given, shall be deemed to be conditioned upon Tenant acquiring any governmental approvals or permits which may be necessary by the act or neglect of any other person or corporation (public or private)required, except for Landlordall at Tenant’s sole cost and expense. All alterations, its agentsadditions, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, improvements shall be submitted to made by Tenant at Tenant’s sole cost and approved expense by licensed contractors and in compliance with all laws and regulations. If requested by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish provide a Payment and Performance Bond for Landlord Approved Construction over One Hundred Thousand Dollars ($100,000). Each contractor must first be approved in writing by Landlord. Tenant shall cause its contractors to submit to Landlord an estimate of prior to entering the cost of the proposed work, certified by the architect who prepared such plans Premises certificates and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other endorsements evidencing liability insurance meeting the requirements for Tenant’s commercial generally liability policy set forth in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured Article 10 hereof and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s workers compensation coverage and employer’s liability coveragecoverage as required by law. Prior to the commencement of any construction activityEach commercial general liability policy shall name as additional insureds Landlord, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration’s property manager, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesand Landlord’s Mortgagees.
Appears in 2 contracts
Samples: Office and Warehouse Lease Agreement, Office and Warehouse Lease (Tilly's, Inc.)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesPremises.
Appears in 2 contracts
Samples: Industrial Building Lease (Phoenix Container, Inc.), Industrial Building Lease (Phoenix Container, Inc.)
Alterations. Tenant Subtenant shall not at make or permit to be made, any time during improvements. additions, or alterations, painting, carpeting or decorations, structural or otherwise, in or to the Term of this Lease make any openings in the roof Sublease Premises or exterior walls of the Building or make any alteration, addition or improvement to the Premises without (collectively, “Alterations”i) or any portion thereof without, in each instance, obtaining the prior written consent of Landlord Sublandlord, which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, conditioned or delayed (provided the total cost of that no such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required for minor alterations that are not structural in nature, including painting, carpeting or decorations), (ii) obtaining the prior written consent of Prime Landlord, such consent to be granted or withheld by Prime Landlord in accordance with the terms of the Prime Lease, and (iii) complying with all the terms and conditions of the Prime Lease related thereto, including without limitation payment of its contractors and obtaining final lien waivers from all contractors. Subtenant shall obtain commercial general liabilitypromptly provide Sublandlord all municipal approvals and any documentation approved by Prime Landlord related to any such improvements, workeradditions or alterations. Additionally, in connection with the undertaking of any such work by Subtenant in the Sublease Premises, (y) Subtenant’s compensation contractors shall comply with any and all rules and regulations with respect thereto promulgated by Sublandlord or Prime Landlord, and (z) Subtenant shall be responsible for any related payments to the Prime Landlord required under the Prime Lease for such other liability insurance in such amounts improvements, additions or alterations. Except as may be reasonably required prohibited by Landlord naming Landlord as an additional insured law, Subtenant shall indemnify Sublandlord and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior hold it harmless from any injury to the commencement Sublease Premises or the Building or loss of life or injury to persons or property in or around the Sublease Premises or the Building resulting from such early occupancy by Subtenant and its contractors. In any construction activityinstance where Sublandlord’s consent or approval is required with respect to Alterations, certificates of such insurance coverages that consent or approval shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide deemed given if the Prime Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premiseshas given its consent or approval.
Appears in 2 contracts
Samples: Sublease Agreement (Zebra Technologies Corp), Sublease Agreement (Zebra Technologies Corp)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls The following is hereby added to Section 11(b) of the Building Original Lease: “Landlord shall have the right of written consent, not to be unreasonably withheld, conditioned or make any alterationdelayed, addition for all plans and specifications for the proposed alterations or improvement to improvements (the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of Alterations, and during the making time for performance of such work, and may impose rules and regulations for contractors and subcontractors performing such work. Tenant shall also supply to Landlord any documents and information reasonably requested by Landlord in connection with Landlord’s consideration of a request for approval hereunder. Tenant shall cause all Alterations to be accomplished in a first-class, good and workmanlike manner, and to comply with all applicable laws. No review or consent by Landlord of or to any proposed Alteration or additional work shall constitute a waiver of Tenant’s obligations under this Section, nor constitute any warranty or representation that the same complies with all applicable laws, for which Tenant shall at all times be solely responsible. Tenant shall pay Landlord a construction supervision fee of five percent (5%) of the cost of the Alterations as Additional Rent hereunder. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, at which time they shall be and become the property of Landlord; provided, however, that, subject to the terms below, Landlord may, at Landlord’s option, require that Tenant, at Tenant’s expense, remove any or all Alterations made by Tenant and restore the Premises by the expiration or earlier termination of this Lease, to their condition existing prior to the construction of any such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with In any applicable governmental lawevent, statuteTenant, ordinance or regulation. Upon completion of any Alteration by Tenant hereundernot Landlord, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantshall, at its sole cost and expense, will make remove all cabling and wiring installed by or on behalf of Tenant at or servicing the Premises. All such removals and restoration shall be accomplished in a first-class and good and workmanlike manner so as not to cause any damage to the Premises or Project whatsoever. If Tenant fails to remove such Alterations or Tenant’s trade fixtures or furniture or other personal property, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant’s sole expense. In addition to and wholly apart from Tenant’s obligation to pay Tenant’s Pro Rata Share of Operating Expenses, Tenant shall be responsible for and shall pay prior to delinquency any taxes or governmental service fees, possessory interest taxes, fees or charges in lieu of any such taxes, capital levies, or other charges imposed upon, levied with respect to or assessed against its fixtures or personal property, on the Premises which may be necessary by value of Alterations within the act Premises, and on Tenant’s interest pursuant to this Lease, or neglect any increase in any of the foregoing based on such Alterations. To the extent that any other person such taxes are not separately assessed or corporation (public or private)billed to Tenant, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, Tenant shall be submitted pay the amount thereof as invoiced to and approved Tenant by Landlord. Notwithstanding anything to the contrary contained herein, which approval shall not be unreasonably withheld or delayed; so long as Tenant’s written request for consent for a proposed Alteration (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior , the initial Tenant Alterations made to the commencement of Expansion Space) contains the following statement in large, bold and capped font “PURSUANT TO SECTION 11 OF THE LEASE, IF LANDLORD CONSENTS TO THE SUBJECT ALTERATION, LANDLORD SHALL NOTIFY TENANT IN WRITING WHETHER OR NOT LANDLORD WILL REQUIRE SUCH ALTERATION TO BE REMOVED AT THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE.”, at the time Landlord gives its consent for any construction activityAlterations, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationif it so does, Tenant shall provide also be notified whether or not Landlord will require that such Alterations be removed upon the expiration or earlier termination of this Lease. If Tenant’s written notice strictly complies with a written certification the foregoing and if Landlord fails to notify Tenant within twenty (20) days whether Tenant shall be required to remove the subject Alterations at the expiration or earlier termination of this Lease, it shall be assumed that with respect to Tenant’s obligation to remove the Alteration does subject Alterations, Landlord shall not have any adverse environmental impact on require the premisesremoval of the subject Alterations.”
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Tableau Software Inc)
Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not at make, suffer or permit to be made any time during the Term of this Lease make any openings in the roof alterations, additions or exterior walls improvements to or of the Building or make any alteration, addition or improvement to the Demised Premises (collectively, “Alterations”) or any portion thereof withoutpart thereof, in each instanceor attach any fixtures or equipment thereto, the prior without first obtaining Landlord's written consent of Landlord which consent, as to non-structural or non-systems repairs, which consent shall not be unreasonably withheld, conditioned or delayed by Landlord. Notwithstanding Any such alterations, additions or improvements to the preceding sentenceDemised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including construction coordination fees as set forth in EXHIBIT "D-1" if Landlord is coordinating the work or as set forth in EXHIBIT "D-2" if Tenant is coordinating the work), as Rent, within ten (10) days after receipt of a statement. This provision shall not apply to basic, non-material work within the Demised Premises, such as, by way of illustration but not limitation, picture hanging, furniture installation and the rearranging of offices within the Demised Premises, and Tenant may make non-structural Alterations cause such tasks to be performed without obtaining the prior consent of Landlord’s prior written consent. All such alterations, provided additions and improvements shall become Landlord's property at the total cost expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence alterations, additions and less than Fifty Thousand Dollars ($50,000.00) improvements, in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlordevent, evidencing workmen’s compensation coveragenotwithstanding any contrary provisions respecting such alterations, additions and insurance coverage improvements contained in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunderArticle 32 hereof, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantpromptly restore, at its sole cost and expense, will make all Alterations on the Demised Premises which may be necessary by to its condition prior to the act or neglect installation of any other person or corporation such alterations, additions and improvements excepting only (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (ai) plans reasonable wear and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; tear and (dii) Tenant shall either furnish to Landlord a bond in form casualty damage and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisescondemnation.
Appears in 2 contracts
Samples: Lease Agreement (Indus International), Lease Agreement (TSW International Inc)
Alterations. (a) Tenant shall not at any time during the Term of this Lease make any openings no alterations, additions or improvements in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectivelyPremises, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar yearthen only by contractors or mechanics approved by Landlord. No Alteration to the Premises for Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord free access to mechanical installations or service facilities of the Building or Project or interfere with a satisfactory certificate the moving of Landlord’s equipment to or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person the enclosures containing said installations or property, on or off the Premises, arising out of and during the making of facilities. All such Alterations. Any Alteration by Tenant hereunder work shall be done at such times and in a good such manner as Landlord may from time to time designate. Tenant covenants and workmanlike manner agrees that all work done by Tenant shall be performed in full compliance with any applicable all laws, rules, orders, ordinances, regulations and requirements of all governmental lawagencies, statuteoffices, ordinance or regulation. Upon completion and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Offices formerly known as the Pacific Fire Rating Bureau, and of any Alteration by Tenant hereundersimilar body. Before commencing any work, Tenant shall furnish give Landlord with a copy at least ten days written notice of the “as built” plans covering proposed commencement of such construction. work and shall, if required by Landlord, secure at Tenant, at its sole ’s own cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private)a completion and lien indemnity bond, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of lienssaid work. Tenant further covenants and agrees that any mechanic’s lien filed against the Premises or against the Building or Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant will be discharged by Tenant, by bond or otherwise, within ten days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all contractors engaging wall-covering, built-in any construction activity cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord may, by written notice to Tenant, require Tenant to remove all partitions, counters, railings and for the benefit of like installed by Tenant, and Tenant for which shall repair all damage resulting from such removal or, at Landlord’s consent option, shall be required shall obtain commercial general liability, worker’s compensation and pay to Landlord all costs arising from such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesremoval.
Appears in 2 contracts
Samples: Office Building Lease (Rimini Street, Inc.), Office Building Lease (Rimini Street, Inc.)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof no alterations, additions or exterior walls of the Building or make any alteration, addition or improvement improvements to the Premises (collectivelyincluding, “Alterations”without limitation, roof and wall penetrations) or any portion part thereof without, in each instance, without obtaining the prior written consent of Landlord in each instance, which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the preceding sentenceLandlord may impose as a condition to such consent such requirements as Landlord may reasonably deem necessary, Tenant may make non-structural Alterations including, without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars limitation that: ($20,000.00a) per occurrence Landlord be furnished with working drawings before work commences; (b) performance and less than Fifty Thousand Dollars ($50,000.00) labor and material payment bonds in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced form and amount and issued by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord be furnished; (c) Landlord approve the contractor by whom the work is to be performed; (d) adequate course of construction and protecting general liability insurance be in place and Landlord against public be named as an additional insured under the contractor's liability and property damage insurance policies; and (e) Landlord's instructions relating to any person or property, on or off the Premises, arising out of manner in which the work is to be performed and the times during the making of such Alterations. Any Alteration by Tenant hereunder which it is to be accomplished shall be done complied with. Tenant shall pay to Landlord all costs incurred by Landlord for any architectural, engineering, supervisory or legal services in connection with any alterations, additions or improvements, including, without limitation, Landlord's review of the plans, specifications and budget for purposes of determining whether to consent. All such alterations, additions or improvements must be performed in a good and workmanlike manner in compliance with any applicable governmental lawall laws, statuterules and regulations, ordinance or regulationincluding, without limitation, the Americans with Disabilities Act of 1990, and diligently prosecuted to completion. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish deliver to Landlord with upon commencement of such work, a copy of the “building permit with respect thereto, and a certificate of occupancy or other final inspection and approval from the applicable governmental authority having jurisdiction over the Premises and the Project, if applicable, immediately upon completion of the work. All such work shall be performed so as built” plans covering not to obstruct the access to the premises of any other tenant in the Building or Project. Should Tenant make any alterations, additions or improvements without Landlord's prior written consent, or without satisfaction of any of the conditions established by Landlord in conjunction with granting such constructionconsent, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove all or some of the alterations, additions or improvements at Tenant's sole cost and restore the Premises to the same condition as existed prior to undertaking the alterations, additions or improvements, or if Tenant shall fail to do so, Landlord may cause such removal or restoration to be performed at Tenant's expense and the cost thereof shall be Additional Rent to be paid by Tenant immediately upon demand. Landlord shall have the right to require Tenant, at its sole cost and Tenant's expense, will make to remove any and all Alterations on alterations, additions or improvements and to restore the Premises which may be necessary by to its prior condition upon the act expiration or neglect sooner termination of any other person or corporation (public or private), except for Landlord, its agents, employees or contractorsthis Lease. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to notify Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; in writing at least ten (c10) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior days prior to the commencement of any construction activitysuch work in or about the Premises, certificates and Landlord shall have the right at any time and from time to time to post and maintain notices of such insurance coverages shall be provided non-responsibility in or about the Premises pursuant to Landlordapplicable laws. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises8.
Appears in 2 contracts
Samples: Industrial Lease Agreement, Standard Industrial Lease Agreement (Intest Corp)
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Building from any proposed works to or at the Premises[ or the Building]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises134]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and135 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent136 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];137 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 2 contracts
Samples: modelcommerciallease.co.uk, modelcommerciallease.co.uk
Alterations. The Tenant shall will take into consideration any impact on the Environmental Performance of the Premises from any proposed works to or at the Premises. Underletting Defined terms This Schedule 7 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not at any time during less than [NUMBER] years calculated from the Term date on which the underlease is completed;] lawfully excluded from the security of this Lease make any openings tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the roof or exterior walls case of an Underlease of a Permitted Part, a due proportion, of the Building or make any alterationInsurance Rent and other sums, addition or improvement excluding the Main Rent, payable by the Tenant under this Lease; for rent review at [five yearly] intervals and otherwise on the same terms as in Schedule 2; and92 for change of use and alterations corresponding to those in this Lease; in the case of an Underlease of a Permitted Part, containing provisions requiring the Undertenant to pay by way of a yearly service charge as additional rent a fair and reasonable proportion of the costs incurred by the Tenant in providing all services to the Premises (collectivelythat would be usual on an underletting of part, “Alterations”) including the payment of quarterly advance payments and a balancing payment at the end of each service charge year; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent93 of the Landlord and the Tenant on terms corresponding to those in this Lease and a covenant not to assign part only of the Underlet Premises; [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];94 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 1 contract
Samples: modelcommerciallease.co.uk
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof alterations, improvements, or exterior walls additions of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”"Alteration") or any portion thereof without, without Landlord's advance written consent in each and every instance, the prior written which consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld; provided, however, that Landlord may, in its sole and absolute discretion, withhold its consent to any Alteration that affects the structure of the Building or any of the Building's systems. Notwithstanding the preceding sentenceforegoing, Tenant may make minor non-structural Alterations without obtaining Landlord’s prior written consentstructural, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars permanent decorations ($20,000.00specifically excluding painting or carpeting) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in without Landlord's prior consent. In the aggregate per calendar year. No Alteration event Tenant desires to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide first submit to Landlord with a plans and specifications therefor and obtain Landlord's written certification that approval thereof prior to commencing any such work. Any contractor hired by Tenant must be properly insured and, if required, licensed. Each and every Alteration, whether temporary or permanent in character, made by Landlord or Tenant in or upon the Premises shall become Landlord's property and shall remain upon the Premises at the expiration or earlier termination of this Lease without compensation to Tenant (excepting only Tenant's movable office furniture, trade fixtures, office and professional equipment) unless Landlord in writing requires Tenant to remove such Alteration does upon expiration of the term of this Lease or any extension period, if extended. Landlord shall serve such writing upon Tenant regarding the removal of an Alteration not have later than ninety (90) days prior to the expiration of the term of this Lease or extension period, if extended, and Tenant shall thereafter remove such Alteration as herein required, repair any adverse environmental impact on damage caused by such removal and restore the premisesPremises to the condition specified in Section 10 of this Lease.
Appears in 1 contract
Alterations. Tenant shall You agree that you will not at any time during the Term of this Lease make any openings in the roof alterations, additions or exterior walls of the Building or make any alteration, addition or improvement improvements to the Premises (collectivelyincluding, “Alterations”without limitation, the roof and wall penetrations) or any portion thereof without, in each instance, without the prior written consent of Landlord (or the consent given in this Lease if some other provision of this Lease expressly grants such consent), which consent, as to non-structural or non-systems repairs, shall consent will not be unreasonably withheld, delayed or conditioned. Notwithstanding If Landlord shall consent to any alterations, additions or improvements proposed by you, you shall construct the preceding sentencesame in accordance with all governmental laws, Tenant ordinances, rules and regulations and all requirements of Landlord's and your insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by you to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements (other than cosmetic alterations) shall be made by Landlord for your account and you shall fully reimburse Landlord for the entire cost thereof. You may, without the consent of Landlord, but at your own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as you may make non-structural Alterations deem advisable, without obtaining altering the basic character of the Building and without overloading the floor or damaging the Building, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, work stations, terminals, cabling, machinery and trade fixtures installed by you or on your behalf may be removed by you prior to the termination of this Lease if you so elect, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord’s prior written consent, provided the total cost of ; upon any such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration removal you agree to repair any damage caused to the Premises for which Landlord’s consent is required by such removal. All such removals and restoration shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building. Notwithstanding the foregoing, you may make without Landlord's prior consent but only after written notice to Landlord, non-structural alterations which, in compliance with the aggregate, do not exceed $50,000. As to any applicable governmental lawalteration that does not require Landlord's consent, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish you will provide Landlord with a copy advance notification of the “as built” plans covering such constructionmaking of the alteration. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval You shall not be unreasonably withheld or delayed; (b) Tenant shall furnish required to Landlord an estimate of remove the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesInterior Modifications.
Appears in 1 contract
Alterations. Except as otherwise provided in this Section 8, Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alterationnot, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, without the prior written consent of Landlord (such consent not to be unreasonably withheld, delayed or conditioned), make any alterations, improvements or additions to the Leased Premises, including but not limited to, partitions, wall coverings, floor coverings, and special lighting installations, improvements, or additions, which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheld, conditioned or delayed. Subject to the requirements and limitations as provided in this Section 8, Tenant may at its own cost and expense, make such leasehold improvements to the Leased Premises as are necessary for the operation of Tenant’s business. Tenant shall first submit to Landlord plans and specifications therefore and obtain Landlord’s written approval thereof (such approval not to be unreasonably withheld, delayed or conditioned) prior to commencing any such work. Notwithstanding the preceding sentenceforegoing or anything to the contrary provided herein, Tenant may shall be permitted to make non-structural Alterations any alterations, improvements or additions to the Leased Premises without obtaining Landlord’s prior written consent, provided the total consent of Landlord if the estimated cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than the same does not exceed Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year). No Alteration All alterations, improvements, or additions to the Leased Premises, whether temporary or permanent in character, made by Landlord or Tenant in or upon the Leased Premises for which shall be Landlord’s consent is required property and Tenant shall not have the option to remove the same at or prior to the termination of this Lease, without the express written permission of and agreed upon compensation paid to Landlord. Notwithstanding the foregoing, Tenant shall have the right to remove Tenant’s movable office furniture, trade fixtures, and office and professional equipment and all other items of Tenant's personal property (“Tenant FF&E”) from the Leased Premises at any time at or prior to the termination of this Lease; provided, however, that Landlord shall have the right to require Tenant to remove such Tenant FF&E at Tenant’s cost upon the termination of this Lease. The repair of any damage caused to the Leased Premises as a result of any such removal shall be commenced paid for by Tenant until Tenant has furnished Tenant. The work necessary to make any repairs required pursuant to this Section, or to make any alterations, improvements, or additions to the Leased Premises to which Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlordmay consent pursuant hereto, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done only under written contract approved in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved writing by Landlord, which approval and subject to all conditions Landlord may reasonably impose. Any such consent of the Landlord shall not be unreasonably withheld (or delayed; (b) nor shall such conditions be unreasonably imposed. Tenant shall furnish to Landlord an estimate of promptly pay for the cost of all such work and Tenant shall defend and hold Landlord and the proposed Leased Premises, harmless from all reasonable, documented and out-of-pocket costs, damages, liens for labor, services, or materials relating to such work, certified by and shall defend and hold Landlord harmless from all costs, damages, liens, and expenses related thereto including attorney fees. In the architect who prepared such plans event that Landlord incurs any documented and specifications; (c) all contracts for any proposed out of pocket expenses as a result of Tenant’s work or Tenant’s contractors’ or subcontractors work then Tenant agrees it shall be submitted to and approved by Landlordreimburse Landlord immediately upon demand, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior addition to the commencement of any construction activityRent set forth above, certificates of to the extent such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisescosts are reasonable.
Appears in 1 contract
Samples: Commercial Lease
Alterations. Tenant shall not make, or suffer to be made, any ----------- alterations, improvements or additions in, on, about or to the Premises or any part thereof, without the prior written consent of Landlord (which shall not be unreasonably withheld or delayed) and without a valid building permit issued by the appropriate governmental authority. As a condition to giving such consent, Landlord may require that Tenant agree to remove any such alterations, improvements or additions at any time during the Term termination of this Lease make Lease, and to restore the Premises to their prior condition. Unless Landlord requires that Tenant remove any openings in the roof such alteration, improvement or exterior walls of the Building or make addition, any alteration, addition or improvement to the Premises (collectivelyPremises, “Alterations”) or any portion thereof withoutexcept movable furniture and trade fixtures not affixed to the Premises, in each instance, shall become the prior written consent property of Landlord which consentupon termination of the Lease and shall remain upon and be surrendered with the Premises at the termination of this Lease. Without limiting the generality of the foregoing, as all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels), air conditioning, permanent partitioning, drapery, and carpet installations made by Tenant regardless of how affixed to non-structural or non-systems repairsthe Premises, together with all other additions, alterations and improvements that have become an integral part of the Building, shall not be unreasonably withheldand become the property of the Landlord upon termination of the Lease, and shall remain upon and be surrendered with the Premises at the termination of this Lease. Notwithstanding the preceding sentenceto the contrary, (i) Tenant may shall have the right to make non-alterations and additions to the interior or the Premises that do not affect the structural Alterations without obtaining Landlord’s prior written consent, provided elements of the total Building and have a cost of such non-structural Alteration is less than Twenty Five Thousand Dollars ($20,000.005,000.00) or less per occurrence project without the prior written approval of Landlord, and less than Fifty Thousand Dollars ($50,000.00ii) in Tenant shall be required to remove only those alterations and additions which Landlord has, at the aggregate per calendar yeartime of its approval, requested Tenant to remove upon expiration of the Lease Term, or which Tenant has otherwise constructed or installed without the prior approval of Landlord. No Alteration If, during the Lease Term (or any extensions thereof), any alteration, addition or change of any sort to all or any portion of the Premises for which Landlord’s consent is is. required shall be commenced by Tenant until Tenant has furnished Landlord law, regulation, ordinance or order of any public agency (including, without limitation, any alterations required by the Americans with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off Disabilities Act) by reason of (1) Tenant's use of the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done (2) Tenant's obtaining a new permit or governmental approval (except as provided in a good and workmanlike manner in compliance with any applicable governmental lawParagraph 10.B), statute, ordinance or regulation. Upon completion (3) Tenant's construction or installation of any Alteration by Tenant hereunderleasehold improvements or trade fixtures (except as provided in Paragraph 10.B), Tenant shall furnish Landlord with a copy of promptly make the “as built” plans covering such construction. Tenant, same at its sole cost and expense. If during the Lease Term (or any extensions thereof), will make all Alterations on any alteration, addition, or change to the Outside Area, or to the Premises which may be necessary for any reason other than for the reasons described in the preceding sentence, is required by the act law, regulation, ordinance or neglect order of any other person or corporation (public or private)agency, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans Landlord shall make the same and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish pay an amount equal to Landlord an estimate one and one-half percent (1-1/2%) of the cost of such alteration, addition or change per month during the proposed workremainder of the Lease Term as an Outside Area Charge. Notwithstanding the preceding sentence to the contrary, certified any such alteration, addition or change to a structural element of the Building that is required by the architect who prepared such plans and specifications; (c) all contracts for law, regulation, ordinance or order of any proposed work public agency shall be submitted to made by Landlord at its sole cost and approved by Landlord, which approval expense and shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as constitute an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesOutside Area Charge.
Appears in 1 contract
Samples: Sublease Agreement (Verisign Inc/Ca)
Alterations. (a) Tenant shall make no alterations, additions or improvements in or to the Premises without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord. Tenant shall submit to Landlord plans and specifications for any proposed alterations, additions or improvements to the Premises, and may, not at make such alterations, additions or improvements until Landlord has approved of such plans and specifications. Tenant shall construct such alterations, additions or improvements in accordance with the plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without Landlord's prior written consent. If the, proposed change requires the consent or approval of any time during lessor of a superior lease, or the Term holder of this Lease make any openings in a mortgage encumbering the roof Premises, such consent or exterior walls approval must be secured prior to the construction of the Building or make any such alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, that shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required agrees that there shall be commenced by Tenant until Tenant has furnished Landlord no construction of partitions or other obstructions which might interfere with a satisfactory certificate Landlord's free access to mechanical installations or certificates service facilities of the Building or interfere with the moving of Landlord's equipment to or from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person the enclosures containing said installations or property, on or off the Premises, arising out of and during the making of facilities. All such Alterations. Any Alteration by Tenant hereunder work shall be done at such times and in a good such manner as Landlord may from time to time designate. Tenant covenants and workmanlike manner agrees that all work done by Tenant shall be performed in full compliance with any applicable all laws, rules. orders, ordinances, regulations and requirements of all governmental lawagencies, statuteoffices and boards having jurisdiction, ordinance or regulationand in full compliance with the rules. Upon completion regulations and requirements of the Pacific Fire Rating Bureau, and of any Alteration by Tenant hereundersimilar body. Before commencing any work, Tenant shall furnish give Landlord with a copy at least ten (10) days written notice of the “as built” plans covering proposed commencement of such construction. work and shall, it required by Landlord, secure at Tenant, at its sole 's own cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans a completion and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a lien indemnity bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of lienssaid work. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise. within (10) ten days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all contractors engaging wall covering, built-in any construction activity cabinet work. paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord may, by written notice to Tenant, require Tenant to remove all partitions, counters, railings and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liabilitylike installed by Tenant, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesall costs arising from such removal.
Appears in 1 contract
Samples: Letter Agreement (2themart Com Inc)
Alterations. Section 3.1 (A) Except as otherwise provided herein, Tenant shall not at any time during the Term of this Lease make any openings Alterations without Landlord’s prior consent. Landlord shall not unreasonably withhold, condition or delay its consent to any proposed nonstructural Alterations, provided that such Alterations (i) are not visible from the outside of the Building, (ii) require any alterations, installations, improvements, additions or other physical changes to be performed in the roof or exterior walls made to any portion of the Building or make the Real Property other than the Premises, (iii) do not adversely affect any alterationservice required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building, addition (iv) do not adversely affect the proper functioning of any Building System, (v) do not reduce the value or improvement utility of the Building, and (vi) do not require a change in the certificate of occupancy for the Building or the Premises. Notwithstanding the foregoing, but subject to the provisions of the sentence next following, Landlord’s consent shall not be required for any Alteration (each a “Permitted Alteration”) that (A) is of a decorative nature, such as painting, installation of movable partitions, floor covering and wall covering (“Decorations”), or (B)(i) is limited to the interior of the Premises (collectivelyand not visible from the outside of the Property at street level); (ii) does not adversely affect the proper functioning outside of the Premises of any Building Systems; and (iii) does not affect the structural integrity of the Building or require an amendment to the certificate of occupancy for the Building, “Alterations”and (iii) or any portion thereof without, in each instance, of the prior written consent instances described in clauses (ii) and (iii) of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding this sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total does not cost of such non-structural Alteration is less more than Twenty Thousand Dollars ($20,000.00) per occurrence and less than One Hundred Fifty Thousand Dollars ($50,000.00150,000) in the aggregate per in any one (1) calendar year. No Tenant shall provide to Landlord not less than five (5) Business Days advance notice of any Permitted Alteration it proposes to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverageperform, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of if such Alterations. Any Permitted Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion consists of any Permitted Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationthan Decorations, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesdocumentation specified in Section 3.1(B)(2)(i), (ii) and (iii).
Appears in 1 contract
Samples: Agreement of Lease (Coty Inc /)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings addition to the Premises, alterations to the structural components of the Premises, alterations which affect the mechanical, electrical, plumbing, life safety or other systems in the roof Premises or exterior walls alterations which cost in excess of $150,000.00 either individually or in the Building aggregate over a twelve (12) month period of time ("MAJOR ALTERATIONS") without the advance written consent of Landlord, which consent may be granted or denied at Landlords sole discretion. Tenant may make any alteration, addition or improvement alterations to the Premises which are not Major Alterations (collectively, “Alterations”"MINOR ALTERATIONS") or any portion thereof without, in each instance, without the prior written consent of Landlord which consent, Landlord. (Major Alterations and Minor Alterations are hereinafter collectively referred to as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural "ALTERATIONS".) No Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s 's consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterationsrequired under Section 9.2 hereof. Any Alteration Alterations by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulationLegal Requirements. Upon completion of any Alteration Major Alterations by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “"as built” " plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations Major Alterations: (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which Landlord (such approval shall not be unreasonably withheld or delayed); (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a payment and performance bond from the Contractor in form and substance satisfactory to Landlord, or such other security shall deposit an amount equal to 100% of the cost of completing the Alterations in an escrow reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit ; (e) evidence of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insuranceArticle IX hereof; and (df) statutory worker’s compensation coverage and employer’s liability coverage. Prior such other requirements as Landlord may reasonably require to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlordsatisfied. Before commencing any AlterationMajor Alterations, Tenant shall provide Landlord with a written certification that the Alteration does Major Alterations do not have any materially adverse environmental impact on the premisesPremises. Prior to the commencement of any construction activity for which Landlord's consent shall be required, certificates of such insurance coverages shall be provided to Landlord and renewal certificates shall be delivered to Landlord prior to the expiration date of the respective policies. Notwithstanding the foregoing, no Alterations of any kind shall be made which would (i) change the general design, use, character or structure of the Premises or any part thereof; (ii) decrease the size of the Premises or any part thereof; (iii) reduce or impair, to any material extent, the value, rentability or usefulness of the Premises or constitute waste; or (iv) give to any owner, lessee or occupant of any other property or to any other person or corporation any easement, right-of-way or any other right over the Premises. Any Alterations shall be made with reasonable dispatch and in a good and workmanlike manner and in compliance with all applicable permits and authorizations and buildings and zoning laws and with all other Legal Requirements. If any work does not comply with the provisions of this Lease, Landlord may, by notice to Tenant, require that Tenant stop the work and take steps necessary to cause corrections to be made, or Landlord may, itself, perform the work, at Tenant's cost.
Appears in 1 contract
Samples: Office And (Ha Lo Industries Inc)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement alterations to the Premises (collectivelyPremises, “Alterations”) or to the Project, including any portion thereof withoutchanges to the existing landscaping, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s 's prior written consent. If Landlord gives its consent to such alterations, provided Landlord may post notices in accordance with the total laws of the state in which the premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within 30 days before or 30 days after expiration of the term, elect to require Tenant to remove any alterations which Tenant may have made to the Premises. If Landlord so elects, at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence alterations, shall secure all appropriate governmental approvals and less than Fifty Thousand Dollars ($50,000.00) permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. All such construction shall be performed in a manner which will not interfere with the aggregate per calendar yearquiet enjoyment of other tenants of the Project. No Alteration to Tenant shall pay all costs for such construction and shall keep the Premises for and the Project free and clear of all mechanics' liens which may result from construction by Tenant. If Landlord gives its consent, no such alterations will proceed without Landlord’s consent is required 's prior written approval of Xxxxxx's contractor, which shall be commenced conditioned on proof of insurance by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, Xxxxxx's contractor for public liability and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public automobile liability and property damage insurance with limits not less than $1,000,000/$250,000/$500,000 respectively endorsed to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming show Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s for worker's compensation as required and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; detailed plans and (d) statutory worker’s compensation coverage specifications for such work. Tenant will keep the Premises and employer’s liability coverage. Prior to the commencement Property free from any liens arising out of any construction activitywork performed, certificates materials furnished or obligations incurred by Tenant, its agents or contractors. Xxxxxx agrees that should any lien be posted on the property due to work performed, materials furnished, or obligations incurred by it, that it will immediately notify and proceed to remove such lien. Tenant further acknowledges that it will remain liable to Landlord and indemnify it for any costs or damages to Landlord or the property as a result of such insurance coverages shall liens. Landlord has the right to post and keep posted in the Premises and/or Property, any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesPremises and/or Property from such liens.
Appears in 1 contract
Samples: Diversified Security Solutions Inc
Alterations. Tenant shall Except for cosmetic Alterations (such as painting, wall covering and floor covering) that (i) are not at any time during visible from the Term exterior of this Lease make any openings in the roof or exterior walls Premises, (ii) do not affect the structure of the Building or any Building System, (iii) do not require penetrations into the floor, ceiling or walls, and (iv) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any alteration, addition Alterations in or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which without first obtaining Landlord’s consent, as to non-structural or non-systems repairs, which consent shall not be unreasonably withheld. Notwithstanding With respect to any Alterations made by or on behalf of Tenant (whether or not the preceding sentenceAlteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may make non-structural Alterations without obtaining appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written consentapproval of any contractor or subcontractor which approval shall not be unreasonably withheld, provided conditioned, or delayed, (iii) the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord constructed with a satisfactory certificate or certificates from an insurance company acceptable to Landlordnew materials, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner manner, and in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of all Laws and the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefordelivered to, prepared by a licensed architectand, shall be submitted to and if required above, approved by Landlord, which approval shall not be unreasonably withheld withheld, conditioned, or delayed; , (biv) Tenant shall furnish to pay Landlord an estimate all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, but not to exceed ten percent (10%) of the anticipated cost of the proposed workAlteration, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (dv) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which upon Landlord’s consent shall be required shall obtain commercial general liabilityrequest Tenant shall, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall provide be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord with a written certification the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration except for reasonable normal wear and tear. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant. Notwithstanding anything herein to the contrary, Tenant is permitted to make Alterations that (i) are not visible from the exterior of the Premises, (ii) do not affect the structure of the Building or the operation of any Building System, (iii) do not require penetrations into the floor, ceiling or walls, (iv) do not require work within the walls, below the floor, or above the ceiling, and (v) cost less than $5,000 for any particular Alteration does not have any adverse environmental impact on (“Minor Alteration”) without the premisesadvance written consent of the Landlord, provided that Tenant advises Landlord of the Minor Alteration prior to commencing the work.
Appears in 1 contract
Samples: Lease Agreement (Ev3 Inc.)
Alterations. Tenant shall not at make or permit any time during Alterations in, on or about the Term of this Lease make any openings Premises, except for nonstructural Alterations which do not require permits and do not exceed Ten Thousand Dollars ($10,000.00) in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, cost without the prior written consent of Landlord Landlord, and according to plans and specifications approved in writing by Landlord, which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheld. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations shall not, without obtaining Landlord’s the prior written consentconsent of Landlord, provided make any: (i) Alterations to the total cost structure or exterior of such non-structural Alteration is less than Twenty Thousand Dollars the Building; ($20,000.00ii) per occurrence Alterations to and less than Fifty Thousand Dollars penetrations of the roof of the Building; ($50,000.00iii) in Alterations to the aggregate per calendar yearfloor slab of the Premises; and (iv) Alterations visible from outside the Premises, to which Landlord may withhold Landlord's consent on wholly aesthetic grounds. No Alteration Further notwithstanding the foregoing, Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, make any Alterations to the Premises for which Landlord’s consent is required involve the removal and/or construction of interior walls within the Premises. All Alterations shall be commenced installed at Tenant's sole expense, in compliance with all applicable laws and CC&Rs, by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlordlicensed contractor, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner conforming in compliance quality and design with any applicable governmental lawthe Premises existing as of the Rent Commencement Date, statuteand shall not diminish the value of either the Project, ordinance the Building or regulationthe Premises. Upon completion of any Alteration All Alterations made by Tenant hereunder, shall be the property of Tenant shall furnish Landlord with a copy until the expiration or earlier termination of the “as built” plans covering such construction. TenantTerm, at which time such Alterations shall become the property of Landlord if Landlord has, pursuant to the terms of this Lease, elected not to have Tenant remove the Alterations. Landlord, within thirty (30) days after giving its sole cost and consent to any proposed Alterations, shall notify Tenant in writing whether Tenant must at the expiration or earlier termination of the Term, remove, at Tenant's expense, will make any or all Alterations on installed by Tenant and return the Premises which may be necessary by to their condition prior to the act or neglect installation of any other person or corporation (public or private)such Alterations, except for Landlordnormal wear and tear excepted, its agentsand in the event that Landlord fails to notify Tenant as and when required herein, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval then Tenant shall not be unreasonably withheld obligated to remove the Alterations. Landlord, at Landlord's option at the expiration or delayed; (b) Tenant shall furnish to Landlord an estimate earlier termination of the cost of the proposed workTerm, certified by the architect who prepared such plans and specifications; (c) may require Tenant to remove some or all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided Alterations installed without or not requiring Landlord's consent. With regard to Alterations not requiring Landlord. Before commencing any Alteration's consent, Tenant shall provide Landlord with a copies of all plans and specifications therefor prior to the construction thereof. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written certification that the Alteration does not have any adverse environmental impact notice of Tenant's intention to perform work on the premisesPremises, whether or not Landlord's consent is required, at least ten (10) business days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Landlord, at Landlord's option at the expiration or earlier termination of the Term, may require Tenant to remove some or all of any Alterations installed without Landlord's consent.
Appears in 1 contract
Samples: Hiway Technologies Inc
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, Upon the prior written consent of Landlord (which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentconditioned or delayed), provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, may make alterations, additions and improvements in the Premises; provided, that Tenant will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish required to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which obtain Landlord’s consent shall for any alterations, additions or improvements that cost less than $25,000 in the aggregate for any one project. In addition, Landlord will provide a $25,000 allowance in the first year of the Term to for certain Tenant improvements to the Premises. In the performance of such work, Tenant will hold Landlord harmless from any damage, loss or expense, and will comply in all material respects with all laws, ordinance, rules and regulations of any public authority, obtaining all necessary permits, approvals or authorizations. Tenant will not allow any liens to be required shall obtain commercial general liability, worker’s compensation and filed against the Premises; in the event of filing of a lien claim Tenant will promptly take such other liability insurance in such amounts action as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction to remove the lien, including, without limitation: (a) contractor’s , obtaining a bond, if required. All such alterations, additions and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior improvements to the commencement Premises (except trade fixtures) will be the property of Landlord, and will be surrendered with the Premises upon the expiration, cancellation, or prior termination of this Lease. Upon demand by Landlord given at least thirty (30) days prior to the end of the Term, Tenant will remove any alterations, additions or improvements made by Tenant, designated by Landlord to be removed, at Tenant’s sole cost and expense, unless such alterations, additions or improvements had previously been consented to by Landlord. In such event, Tenant will repair any damage to the Premises caused by such removal, and as far as reasonably possible, return the Premises to their condition prior to making of any construction activitysuch alterations, certificates improvements or additions. At the expiration, cancellation, or prior termination of this Lease, Tenant will have the right to remove all trade fixtures located on the Premises, which were installed by the Tenant prior to or after the Effective Date. However, in such event, Tenant will repair all damage caused to the Premises by such installation and removal, returning the Premises, as far as reasonably possible, to their condition prior to installation of such insurance coverages shall trade fixtures. Trade fixtures will not be provided deemed to Landlord. Before commencing include any Alterationheating, air conditioning, ventilation, plumbing or electrical equipment, or other fixtures relating primarily to general usage of the building or Premises, as opposed to fixtures specifically used for the operation of the Tenant’s particular type of business or that were installed by Tenant shall provide Landlord with a written certification that prior to or after the Alteration does not have any adverse environmental impact on the premisesEffective Date.
Appears in 1 contract
Alterations. Tenant shall be allowed to make reasonable alterations to the Property provided any such alterations are in accordance with all applicable building codes, are approved by Landlord IN WRITING and IN ADVANCE, which approval shall not unreasonably be withheld or delayed. All additions, or improvements affixed to the building by Tenant including carpeting, tile or other floor covering, wall covering, ceiling tile, etc. made with or without Landlord's written consent shall become part of the Property, and the property of Landlord upon installation or shall be removed by Tenant at the expiration or earlier termination of the Lease, at Landlord's election made by Landlord in writing to Tenant within five (5) days of the time any such additions or alterations shall have been approved by Landlord in accordance with this Section 11, or, if such additions or alterations are of a type that do not require Landlord's prior written approval, as provided below, then within five (5) days of written notice to Landlord that Tenant will undertake such additions or alterations, provided that if Landlord shall have failed to make such election, Tenant shall have the right either to remove any such additions or alterations at the end of the Term and, at Tenant's expense, make any restoration or repair required as a consequence of such removal, or to abandon any such additions or improvements, whereupon they shall remain as part of the Property. Trade fixtures and office furniture shall be installed so as to be readily removable without injury to the Property or any injury caused by said removal shall be repaired immediately at Tenant's expense. Said trade fixtures shall be removed from the Property before the end of this Lease or shall be deemed abandoned by Tenant. Tenant shall not at install or maintain any time equipment, partitions, furniture, etc. which the weight or the operation of which would tend to injure or be detrimental to the Property. Notwithstanding the foregoing, Landlord's consent shall not be required with respect to alterations that (a) cost less than $50,000.00 on a per-project basis (which $50,000.00 amount shall be deemed to increase annually during the Term of this Lease make any openings in based upon CPI), (b) do not affect the roof building's systems, structural components, or exterior walls (other than to a de minimus extent), and (c) do not adversely affect the market value or utility of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheldProperty. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining All other alterations require Landlord’s 's prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar yearwhich shall not unreasonably be withheld or delayed. No Alteration to the Premises for which Landlord’s consent is required In any event, all alterations by Tenant shall be commenced by Tenant until Tenant has furnished Landlord performed with a satisfactory certificate or certificates from an insurance company acceptable to Landlorddue diligence, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner consistent with industry standards in the Charleston, South Carolina area for design and construction of first-class office buildings, in compliance with all laws (including any applicable governmental lawXxxxxx Island restrictions), statute, ordinance or regulationand shall be promptly paid for by Tenant. Upon completion of any Alteration All alterations requiring Landlord's approval hereunder shall be made by Tenant hereunder, Tenant shall furnish Landlord with under the supervision of an engineer or architect and by a copy of the “as built” plans covering such construction. Tenant, at its sole cost general contractor and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) pursuant to plans and specifications therefor, prepared by a licensed architect, shall be submitted to and reasonably approved by Landlord. Notwithstanding anything in this Section 11, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) in all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, events Tenant shall provide Landlord with written notice of its intention or desire to make additions or alterations to the Property, such notice to set out in reasonably specific detail the nature and extent of such additions or improvements. In all events, upon request from Landlord, Tenant shall promptly provide to Landlord a written certification that the Alteration does not have copy of Tenant's construction plans, specifications, and budget for any adverse environmental impact on the premisesproposed additions or alterations.
Appears in 1 contract
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Centre from any proposed works to or at the Premises[ or the Centre]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises127]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and128 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent129 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];130 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 1 contract
Samples: modelcommerciallease.co.uk
Alterations. Without the prior written approval of Landlord, Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement cause to be made to the Premises any additions, renovations, alterations, improvements, reconstructions or changes (collectively, “"Alterations”") or any portion thereof without, (i) costing in each instance, the prior written consent excess of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) 50,000), in the aggregate per for any calendar year. No Alteration to year (ii) affecting the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate structural components, exterior, mechanical systems, fire sprinkler systems, exterior walls, floors, ceilings or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off roof of the Premises, arising out or (iii) requiring or resulting in any penetration of the roof, walls or floor of the Premises. Tenant shall submit to Landlord reasonably detailed plans and during specifications for all proposed Alterations when requesting Landlord's approval of the making proposed Alteration. Landlord shall not unreasonably withhold, condition or delay its approval of such Alterationsplans and specifications. Any Alteration All Alterations installed in compliance with this Section shall remain upon the Premises and shall become Landlord's property upon their installation unless otherwise agreed in writing by Tenant hereunder the parties. All Alterations shall be done in a good and workmanlike manner manner, in compliance conformity with any applicable governmental lawall Applicable Laws. All trade fixtures, statute, ordinance signs and other personal property installed in or regulation. Upon completion of any Alteration attached to the Premises by Tenant hereunder, must be new or like new when so installed or attached. Landlord may require Tenant shall furnish Landlord with to provide demolition and/or lien and completion bonds in a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance amount reasonably satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by give Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: at least twenty (a20) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior days' written notice prior to the commencement of any construction activityAlterations to the Premises. Landlord shall have the right to post notices of non-responsibility and any other notices required or permitted by Applicable Law to avoid liability for any work performed by or on behalf of Tenant. If Tenant makes or causes to be made any Alteration in violation of this Section, certificates then Landlord shall have the right to require Tenant to remove such Alteration and restore the Premises to the condition existing prior to the making of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.
Appears in 1 contract
Alterations. Except for non-structural Alterations that (i) do not exceed $25,000.00 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls (other than piercing non-structural walls with customary fasteners for the purpose of hanging pictures, shelving and the like), and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not at make or permit any time during the Term of this Lease make any openings Alterations in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior without first obtaining Landlord's written consent of Landlord which consent, as to non-structural or non-systems repairs, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with request Landlord's consent by delivering a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications written request therefor, prepared by a licensed architecttogether with such plans, shall be submitted to specifications and approved by other information as Landlord may reasonably request. Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s 's consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by deemed given unless Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: notifies Tenant otherwise within ten (a10) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to Business Days after the commencement of any construction activity, certificates delivery of such insurance coverages shall be provided written notice and other materials to Landlord. Before With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord's consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant's contractors and subcontractors have adequate insurance coverage naming Landlord and, if requested by Landlord, Liberty Property Trust and any other Affiliate of Landlord reasonably requested by Landlord, as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord's prior written approval of any contractor or subcontractor, such approval not to be unreasonably withheld, conditioned or delayed, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable out of pocket costs and expenses incurred by Landlord in connection with Landlord's review of Tenant's plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary (provided that if Landlord does not undertake the construction of the Alterations on Tenant's behalf, Tenant's obligation to reimburse Landlord for its costs and expenses shall be limited to those reasonable out-of-pocket costs and expenses incurred by Landlord to review Tenant's plans and specifications), and (v) upon Landlord's request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable evidence of Tenant's ability to pay for the Alterations. If Landlord does not respond to any written request made by Tenant to Landlord in accordance with a written certification this Section 12 within ten (10) Business Days after such request is received by Landlord, Landlord shall be deemed to have approved the request. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant's Alteration, excepting only normal wear and tear, casualty damage, or other conditions that Tenant is not required to remedy under this Lease. At Tenant's request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Notwithstanding the foregoing, Tenant shall not be required to remove improvements to the Premises constructed as part of the Tenant's Improvement Work. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the Alteration does installation and removal of them will not have affect any adverse environmental impact on structural portion of the premisesProperty, any Building System or any other equipment or facilities serving the Building or any occupant.
Appears in 1 contract
Samples: Lease Agreement (Tasty Baking Co)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make suffer to be made any alteration, addition or improvement to or of the Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, (collectively referred to herein as "alterations") without (i) the prior written consent of Landlord which consentLandlord, as to non-structural (ii) a valid building permit issued by the appropriate governmental authority and (iii) otherwise complying with all applicable laws, regulations and requirements of governmental agencies having jurisdiction and with the rules, regulations and requirements of any board of fire underwriters or non-systems repairs, shall not be unreasonably withheldsimilar body. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided alterations to the total cost of such non-structural Alteration is Premises costing in the aggregate less than Twenty Five Thousand Dollars ($20,000.005,000.00) per occurrence and less than Fifty Thousand Dollars year without the prior written consent of Landlord; provided, however, that ($50,000.00i) no such alterations shall be made to the structural elements or building systems in the aggregate per calendar yearPremises, (ii) Tenant shall give Landlord at least one (1) day written notice of its intent to commence such alterations, and (iii) Tenant shall comply with all other provisions of this paragraph 8 with respect to such alterations, other than the obligation to obtain Landlord's prior written consent thereto. No Alteration Landlord's consent to any requested alteration or agreement to permit alterations without Landlord's consent shall not create on the part of Landlord or cause Landlord to incur any responsibility or liability for such alteration's compliance with all laws, rules and regulations of federal, state, county, municipal and other governmental authorities. Any alteration made by Tenant (excluding moveable furniture and trade fixtures not attached to the Premises) shall at once become a part of the Premises and belong to Landlord. Without limiting the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels) , air conditioning, partitioning, drapery and carpet installations made by Tenant, regardless of how attached to the Premises, together with all other alterations that have become an integral part of the Project in which the Premises are a part, shall be and become part of the Premises and belong to Landlord upon installation and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of the lease. Any alterations made by Tenant shall be made by Tenant at its sole risk, cost and expense and only after Landlord's written approval of any contractor or person selected by Tenant for that purpose, and the same shall be made at such time and in such manner as Landlord may from time to time designate. Tenant shall, if required by Landlord, secure at Tenant's cost a completion and lien indemnity bond for such work. Upon the expiration or sooner termination of the term, Landlord may, at its sole option, require Tenant, at Tenant's sole cost and expense, to promptly both remove any such alteration made by Tenant and designated by Landlord to be removed and repair any damage to the Premises caused by such removal, and restore the Premises to the condition that existed prior to such alteration in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such restoration. Tenant improvements originally provided by Landlord shall not be alterations for which Landlord’s consent purposes of this lease. Any moveable furniture and equipment or trade fixtures remaining on the Premises at the expiration or other termination of the term shall become the property of the Landlord unless promptly removed by Tenant. If during the term any alteration, addition or change of the Premises is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate law, regulation, ordinance or certificates from an insurance company acceptable order of any public authority due to LandlordTenant's specific use, evidencing workmen’s compensation coverageoccupancy, and insurance coverage in amounts satisfactory or alteration to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will shall promptly make all Alterations on the same. If during the term any alterations, additions or changes to the Common Area or to the Project in which the Premises which may be necessary is located is required by the act law, regulation, ordinance or neglect order of any other person or corporation (public or private)quasi-public authority, except and it is impractical in Landlord's judgment for Landlordthe affected tenants to individually make such alterations, its agentsadditions or changes, employees Landlord shall make such alterations, additions or contractors. Before commencing any Alterations (a) plans changes and specifications therefor, prepared by a licensed architect, the cost thereof shall be submitted to a common area charge and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish pay its percentage share of such cost to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond as provided in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesparagraph 16.
Appears in 1 contract
Samples: Work Letter Agreement (Integrated Sensor Solutions Inc)
Alterations. Tenant shall not at make (or permit to be made) any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alterationchange, addition or improvement to the Premises (collectivelyincluding, “Alterations”without limitation, the attachment of any fixture or equipment) unless such change, addition or improvement (a) equals or exceeds the Building Standard and utilizes only new and first-grade materials, (b) is in conformity with all Legal Requirements, and is made after obtaining any portion thereof withoutrequired permits and licenses, in each instance, (c) is made with the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory (d) is made pursuant to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved in writing in advance by Landlord, which approval shall not be unreasonably withheld or delayed; (be) is made after Tenant shall furnish has provided to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved indemnification and/or bonds as are requested by Landlord, which approval shall not be unreasonably withheld or delayed; including, without limitation, a performance and (d) Tenant shall either furnish to Landlord a completion bond in such form and substance satisfactory to Landlord, or such other security reasonably amount as may be satisfactory to Landlord to protect against claims and liens for labor performed and materials furnished, and to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging any change, addition or improvement, (f) is carried out by persons approved in any construction activity writing by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liabilityLandlord who, worker’s compensation and such other liability insurance in such amounts as may be reasonably if required by Landlord, deliver to Landlord naming before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured insured, and providing liability coverage during (g) is done only at such time and in such manner as Landlord may reasonably specify. All such changes, improvements and additions (including all phases articles attached to the floor, wall or ceiling of construction includingthe Premises, except for items such as office furniture and cubicles) shall become the property of Landlord and shall, at Landlord’s election, be (y) surrendered with the Premises as part thereof at the termination or expiration of the Term, without limitation: any payment, reimbursement or compensation therefor, or (az) contractorremoved by Tenant, at Tenant’s expense, with all damage caused by such removal properly repaired by Tenant. Tenant shall indemnify, defend and owners protection; hold harmless Landlord from and against all liens, claims, damages, losses, liabilities and expenses, including attorneys’ fees, which may arise out of, or be connected in any way with, any such change, addition or improvement. Within ten (b10) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to days following the commencement imposition of any construction activitylien resulting from any such change, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationaddition or improvement, Tenant shall provide Landlord with cause such lien to be released of record by payment of money or posting of a written certification that proper bond. Tenant may remove Tenant’s trade fixtures, office supplies, movable office furniture and equipment not attached to the Alteration does not have any adverse environmental impact on Building, provided such removal is made prior to the premisesexpiration of the Term, no uncured Event of Default has occurred and Tenant promptly repairs all damage caused by such removal.
Appears in 1 contract
Alterations. No alterations, additions or improvements shall be made to the Premises or any part thereof by or on behalf of Tenant shall not at any time during without first submitting a detailed description thereof to Landlord and obtaining Landlord’s written approval. Tenant may, however, after prior written notice to the Term of this Lease Landlord, make any openings non-structural or decorative interior alterations which cost in the roof or exterior walls aggregate less than $25,000 per calendar year and which do not involve any building systems (e.g., relocation of systems furniture, installation and modification of data and communications equipment and cabling, repainting, wallcovering and carpeting). Landlord, at Landlord’s option, shall have the right to provide construction management for and on behalf of Tenant at Tenant’s sole expense constituting seven percent (7%) of the Building alteration’s total cost. All alterations, additions or make any improvements made by Tenant and all fixtures attached to the Premises (other than trade fixtures) shall become the property of Landlord and remain at the Premises or, at Landlord’s option, after written notice to Tenant, given by Landlord at the time of Landlord’s approval to such alteration, addition or improvement improvement, any or all of the foregoing which may be designated by Landlord shall be removed at the cost of Tenant before the expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Premises caused by the installation or removal. Notwithstanding anything in this Lease, unless otherwise requested by Landlord in writing, Tenant shall remove all Direct Tenant Work (collectivelydefined at Article 8(b) hereof) and shall repair all damage to the Premises caused by the installation or removal of such Direct Tenant Work. Tenant shall not erect or place, “Alterations”) or cause or allow to be erected or placed, any portion thereof withoutsign, advertising matter, lettering, stand, booth, showcase or other article or matter in each instanceor upon the Premises and/or the building of which the Premises are a part, without the prior written consent of Landlord. Landlord which consent, as to non-structural or non-systems repairs, approves the Tenant’s lobby signage depicted in the Tenant Construction Plans. Tenant shall not be unreasonably withheld. Notwithstanding place weights anywhere beyond the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy safe carrying capacity of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesstructure.
Appears in 1 contract
Alterations. Tenant shall not at make no alterations, additions or improvements in or to the Premises without Landlord’s prior written consent. If Tenant shall request Landlord’s consent for any time during the Term of this Lease make alterations, additions or improvements, then Tenant shall submit detailed plans, specifications and an itemized budget for making such alterations, additions or improvements. Tenant shall pay to Landlord all costs incurred by Landlord for any openings architectural., engineering, supervisory or legal services in the roof or exterior walls of the Building or make connection with making a determination concerning consent for any alteration, addition or improvement requested by Tenant or in connection with making any correction to any work or improvement performed by or at the Premises (collectivelyrequest of Tenant. Landlord may impose any conditions and the requirements to any consent as Landlord shall in its discretion deem to be necessary or advisable, “Alterations”) including without limitation the hours when work may be performed. Any approved alteration, addition or improvement shall be made only by contractors or mechanics approved by Landlord. The review, approval, inspection or examination by Landlord or any portion thereof withoutof its agents of any plans, in each instancespecifications, the prior written consent of Landlord which consent, as to non-structural contractors or non-systems repairs, any other items shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining solely for Landlord’s prior written consentbenefit and to protect its interests, provided and neither Landlord nor its agents shall be deemed to have assumed any responsibility for the total cost quality of work of any contractor or the accuracy, sufficiency, quality or suitability of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar yearplans, specifications or other items. No Alteration to the Premises for Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord’s consent is required free access to mechanical installations or service facilities of the Building or interfere with the moving of Landlord’s equipment to or from the enclosures containing said installations or facilities. Tenant covenants and agrees that all work done by Tenant shall be commenced performed in full compliance with all laws, rules, orders, ordinances, regulations, permits and requirements of any insurance rating bureau used by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable insurers selected to carry Landlord, evidencing workmen’s compensation coverageinsurance, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereundersimilar body. Before commencing any work, Tenant shall furnish give Landlord with a copy at least ten (10) days written notice of the “as built” plans covering proposed commencement of such construction. work and shall, if required by Landlord, secure at Tenant, at its sole ’s own cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans a completion and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a lien indemnity bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord for said work and such other comprehensive general public liability insurance, builders risk insurance, and other such insurance coverages so as to insure payment for protect the completion insurable interests of all work free Landlord, Tenant, contractors and clear of lienssubcontractors in amounts and on forms as may be requested by Landlord. Tenant further covenants and agrees that any mechanic’s lien filed against the Premises or against the Building for work claimed to have been done, or materials claimed to have been furnished, will be discharged by Tenant, by bond or otherwise, within ten (10) days after the filing thereof, at the sole cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including without limitation, all contractors engaging wall coverings, floor coverings, built-in any construction activity cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the Term or upon earlier termination; provided, however, that Landlord may, by written notice to Tenant, require Tenant to remove all improvements, alterations and for the benefit of additions made by Tenant, and Tenant for which shall repair all damage resulting from such removal or, at Landlord’s consent option, shall be required shall obtain commercial general liability, worker’s compensation and pay to Landlord all costs arising from such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesremoval.
Appears in 1 contract
Alterations. (a) Tenant shall not at any time during the Term of this Lease make any openings no alterations, additions or improvements in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided and then only by contractors or mechanics approved by Landlord. Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with Landlord’s free access to mechanical installations or service facilities of the total cost Building or interfere with the moving of Landlord’s equipment to or from the enclosures containing said installations or facilities. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations and requirements of all governmental agencies, offices, and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Offices formerly known as the Pacific Fire Rating Bureau, and of any similar body. Before commencing any work, Tenant shall give Landlord at least ten days written notice of the proposed commencement of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence work and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar yearshall, if required by Landlord, secure at Tenant’s own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for said work. No Alteration to Tenant further covenants and agrees that any mechanic’s lien filed against the Premises or against the Building for which work claimed to have been done for, or materials claimed to have been furnished to, Tenant will be discharged by Tenant, by bond or otherwise, within ten days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord may, by written notice to Tenant given at the time Tenant requests Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterationsalteration (provided that Tenant’s request for consent specifically requires Landlord to make an election at the time of giving its consent), require Tenant to remove all partitions, counters, railings and the like installed by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord’s option, shall pay to Landlord all costs arising from such removal. Any Alteration by Tenant hereunder Unless Landlord elects to contract for such service (in which event the cost shall be done included in Operating Expenses), Tenant shall, at Tenant’s sole expense, enter into a good maintenance agreement for the service and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion maintenance of any Alteration HVAC units servicing the Premises with a reputable maintenance service company approved by Tenant hereunder, Landlord. Tenant shall furnish Landlord with a copy copies of all such service contracts, which shall provide that they may not be canceled or changed without at least 30 days’ prior written notice to Landlord. Without limiting the “as built” plans covering such construction. generality of Section 23.2 hereof, if Tenant, at any time during the term of this Lease or any extensions or renewals thereof, fails to enter into, maintain or provide Landlord with copies of such maintenance agreement, or to have such work performed, Landlord shall have the right (but not the obligation), in its sole and absolute discretion, to obtain such maintenance agreement and/or have such work performed, and at Landlord’s option, in its sole and absolute discretion, Tenant shall either reimburse Landlord for the cost of such maintenance agreement or pay the cost of such service directly to the vender, and in either case, Tenant shall pay an administrative fee of ten percent (10%) of the cost of such agreement to Landlord for each instance where Landlord obtains such maintenance agreement on behalf of Tenant, as Additional Rent. Tenant shall, at Tenant’s sole expense, will make enter into a service contract for the washing of all Alterations on windows (both interior and exterior surfaces) in the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by Premise with a licensed architect, shall be submitted to and contractor approved by Landlord, which approval shall not be unreasonably withheld or delayed; contract provides for the periodic washing of all such windows at least once every six (b6) months during the Lease Term. Tenant shall furnish Landlord with copies of all such service contracts, which shall provide that they may not be canceled or changed without at least 30 days’ prior written notice to Landlord. Without limiting the generality of Section 23.2 hereof, if Tenant, at any time during the term of this Lease or any extensions or renewals thereof, fails to enter into, maintain or provide Landlord with copies of such service contract, or to have such work performed, Landlord shall have the right (but not the obligation), in its sole and absolute discretion, to obtain such service contract and/or have such work performed, and at Landlord’s option, in its sole and absolute discretion, Tenant shall either reimburse Landlord for the cost of such service contract or pay the cost of such service directly to the vender, and in either case, Tenant shall pay an estimate administrative fee of ten percent (10%) of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish service contract to Landlord a bond in form and substance satisfactory to Landlordfor each instance where Landlord obtains such service contract on behalf of Tenant, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesAdditional Rent.
Appears in 1 contract
Samples: Lease (Hansen Medical Inc)
Alterations. Except as provided in this Section 10.1, Tenant shall not at install any time during the Term of this Lease signs, fixtures, improvements, nor make or permit any openings in the roof other alterations or exterior walls of the Building or make any alterationadditions (individually, addition or improvement to the Premises (an “Alteration”, and collectively, the “Alterations”) or any portion thereof without, in each instance, to the Premises without the prior written consent of Landlord Landlord, which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheldwithheld so long as any such Alteration does not affect the Building systems or the structural integrity or structural components of the Premises or the Building (collectively, “Structural Components”). Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural shall be permitted to undertake Alterations which do not affect the Structural Components without obtaining Landlord’s prior written consent, provided consent so long as the total cost of such non-structural Alteration is less than Twenty Thousand Dollars (same do not exceed $20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) 30,000 cumulatively in the aggregate per any one calendar year. No If any such Alteration to the Premises for which is expressly permitted by Landlord or any Alteration is undertaken without Landlord’s consent is required consent, Tenant shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable deliver at least ten (10) days prior notice to Landlord, evidencing workmenfrom the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility. In all events, Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s compensation coveragesole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and insurance coverage shall be installed by a licensed and insured contractor (reasonably approved by Landlord) in amounts satisfactory to Landlord compliance with all applicable Laws (including, but not limited to, the ADA), Development Documents, Recorded Matters, and protecting Landlord against public liability Rules and property damage Regulations. In addition, all work with respect to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall Alterations must be done in a good and workmanlike manner in manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any applicable laws, ordinances, rules and regulations of governmental law, statute, ordinance agencies or regulationauthorities. Upon completion In performing the work of any Alteration by such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Project, or the Common Areas for any other tenant of the project, and as not to obstruct the business of Landlord or other tenants in the Project, or interfere with the labor force working in the Project. As Additional Rent hereunder, Tenant shall furnish reimburse Landlord, within ten (10) days after demand, for actual legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a copy fee equal to five percent (5%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as built” plans covering Landlord may require, it being understood and agreed that all of such constructionAlterations shall be insured by Tenant in accordance with Section 12 of this Lease immediately upon completion thereof. Tenant, at its sole cost and expense, will make all Alterations on Tenant shall keep the Premises and the property on which may be necessary by the act or neglect Premises are situated free from any liens arising out of any other person work performed, materials furnished or corporation (public obligations incurred by or private)on behalf of Tenant. Tenant shall, except for Landlordprior to construction of any and all Alterations, cause its agents, employees or contractors. Before commencing any Alterations (acontractor(s) plans and specifications therefor, prepared by a licensed architect, shall be submitted and/or major subcontractor(s) to and approved provide insurance as reasonably required by Landlord, which approval shall not be unreasonably withheld or delayed; (b) and Tenant shall furnish provide such assurances to Landlord an estimate Landlord, including without limitation, waivers of lien, surety company performance bonds (with respect to Alterations, the cost of which exceeds $30,000) as Landlord shall require to assure payment of the proposed workcosts thereof to protect Landlord and the Project from and against any loss from any mechanic’s, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld materialmen’s or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.
Appears in 1 contract
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement alterations to the Premises (collectivelypremises, “Alterations”) including but not limited to installing aerials, lighting fixtures, dishwashers, washing machines, dryers or any portion thereof without, in each instance, the prior other items without first obtaining written consent of Landlord which consent, as to non-structural or non-systems repairs, permission from Landlord. Tenant shall not be unreasonably withheld. Notwithstanding the preceding sentencechange or install locks, Tenant may make non-structural Alterations paint, or wallpaper said premises without obtaining Landlord’s prior written consent. Tenant shall not place placards, provided signs, or other exhibits in a window or any other place where they can be viewed by other residents or by the total cost public. Landlord will not reimburse Tenant for any alterations done in violation of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which this section and/or without Landlord’s consent is required written consent. When Landlord so requests, Tenant must restore the premises to original condition immediately, or, with Landlord’s written permission, before the Lease end date. SMOKE ALARMS/DETECTORS & FIRE EXTINGUISHERS: Tenant shall be commenced by not remove any battery from smoke detectors/alarms, or in any other way interfere with the proper functioning of, or disable, said Devices or fire extinguishers. Tenant until shall notify Landlord immediately of a malfunctioning detector/alarm or fire extinguisher. NOISE AND DISRUPTIVE ACTIVITIES: Tenant has furnished or their guests and invitees shall not disturb, annoy, endanger or inconvenience other tenants of the building, neighbors, the Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlordhis agents, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to or workmen nor violate any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance nor commit or regulationpermit waste or nuisance in or about the premises. Upon completion of any Alteration by Tenant hereunderFurther, Tenant shall furnish Landlord not do or keep anything in or about the premises that will obstruct the public spaces available to other residents. Lounging or unnecessary loitering on the front steps, public balconies or the common hallways that interferes with a copy the convenience of other residents is prohibited. PETS: No dog, cat, or other four-legged pet or animal of any kind may be kept on or about the premises. If Tenant is found to be in violation of this provision, then this lease will immediately become null and void and Tenant shall relinquish all rights to further occupancy of the “as built” plans covering such constructionpremises. TenantTenant must receive written permission from Landlord to keep a bird or fish on premises. FURNISHINGS: No liquid filled furniture of any kind (water bed, at its sole cost and expense, will make all Alterations on the Premises which etc.) may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact kept on the premises. ABANDONMENT: It shall be deemed a reasonable belief by the Landlord that an abandonment of the premises has occurred where rent has been unpaid for 30 consecutive days and Tenant has been absent from unit for 30 consecutive days.
Appears in 1 contract
Samples: Lease Agreement
Alterations. Except as otherwise provided herein, after Completion of Tenant’s Work, Tenant shall not at make or cause to be made any time during the Term of this Lease make any openings alterations, additions, renovations, improvements or installations in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Leased Premises (collectively, hereinafter singularly referred to as an “Alteration” and collectively as “Alterations”) or any portion thereof without, in each instance, the without Landlord’s prior written consent of Landlord which consent, as to non-structural or non-systems repairs, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the preceding sentenceforegoing or anything to the contrary contained elsewhere in this Lease, Tenant may make non-structural or cause to be made any Alteration without Landlord’s consent provided that such Alteration does not (a) alter, impair or modify the structure or base Building systems, (b) materially change the floor area, total volume or height of the Building, (c) modify in any material respect the basic character and function of the Building, (d) materially modify the external appearance of the Building, (e) increase the overall square footage of enclosed building space on the Leased Premises or (f) cost in excess of $1,000,000.00 individually or in the aggregate in any 12 month period. Notwithstanding the foregoing, Tenant shall have the right, at any time and from time to time, as often and frequently as Tenant wishes, to make Alterations to the interior of the Building that are cosmetic in nature, including without limitation, painting and carpeting, as Tenant in Tenant’s sole and absolute discretion shall deem necessary or desirable, without the necessity of notifying Landlord thereof or securing Landlord’s permission or consent therefor. In the event of an emergency which threatens life, safety or property, Tenant shall have the right to make all necessary repairs and/or Alterations without obtaining Landlord’s consent which are reasonably required to xxxxx the emergency. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Lease, Tenant shall not install any fencing on the Leased Premises without Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld withheld, conditioned or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.
Appears in 1 contract
Samples: Lease Agreement
Alterations. (a) Tenant shall not at any time during make no alterations, additions or improvements in or to the Term of this Lease make any openings in the roof Premises without Landlord's prior written consent, and then only by contractors or exterior walls mechanics approved by Landlord. Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or make any alteration, addition Project or improvement interfere with the moving of Landlord's equipment to or from the Premises (collectively, “Alterations”) enclosures containing said installations or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheldfacilities. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of All such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder work shall be done at such times and in a good such manner as Landlord may from time to time designate. Tenant covenants and workmanlike manner agrees that all work done by Tenant shall be performed in full compliance with any applicable all laws, rules, orders, ordinances, regulations and requirements of all governmental lawagencies, statuteoffices, ordinance or regulation. Upon completion and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Offices formerly known as the Pacific Fire Rating Bureau, and of any Alteration by Tenant hereundersimilar body. Before commencing any work, Tenant shall furnish give Landlord with a copy at least ten days written notice of the “as built” plans covering proposed commencement of such construction. work and shall, if required by Landlord, secure at Tenant, at its sole 's own cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private)a completion and lien indemnity bond, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of lienssaid work. Tenant further covenants and agrees that all contractors engaging in any construction activity by and mechanic's lien filed against the Premises or against the Building or Project for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liabilitywork claimed to have been done for, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior or materials claimed to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationhave been furnished to, Tenant will be discharged by Tenant, by bond or otherwise, within ten days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall provide remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord with a may, by written certification that notice to Tenant, require Tenant to remove all partitions, counters, railings and the Alteration does not have any adverse environmental impact on the premiseslike installed by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal.
Appears in 1 contract
Samples: Office Lease (Rimini Street, Inc.)
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Estate from any proposed works to or at the Premises[ or the Estate]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises107]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and108 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent109 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];110 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 1 contract
Samples: modelcommerciallease.co.uk
Alterations. Both the Landlord and the Tenant shall will take into consideration any impact on the Environmental Performance of the Premises and the Building from any proposed works to or at the Premises[ or the Building]. The Tenant agrees to allow the Landlord (if the Landlord so wishes and upon reasonable prior notice) to install, at the Landlord’s own cost, separate metering of utilities used in the Common Parts and the Premises[ and the Landlord agrees to allow the Tenant to install separate [sub-]metering of the utilities used in the Premises116]. Underletting Defined terms This Schedule 8 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent, Service Charge and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at any time during [five yearly] intervals and otherwise on the Term same terms as in Schedule 2; and117 for change of use and alterations corresponding to those in this Lease; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent118 of the Landlord and the Tenant on terms corresponding to those in this Lease make any openings in the roof or exterior walls and a covenant not to assign part only of the Building or make Underlet Premises; [containing a covenant by the Undertenant not to create any alteration, addition or improvement to Sub-Underlease of the Premises (collectively, “Alterations”) whole or any portion thereof without, in each instance, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord which consent, as and the Tenant and a covenant by the Undertenant not to noncreate any Sub-structural Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or non-systems repairs, shall not be unreasonably withheld. Notwithstanding any part of the preceding sentence, Tenant may make non-structural Alterations Underlet Premises without obtaining Landlord’s the prior written consentconsent of the Landlord and the Tenant];119 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided the total cost Tenant and the Undertenant and not to assign part of such nonthe Sub-structural Alteration Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is less than Twenty Thousand Dollars ($20,000.00) per occurrence of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and less than Fifty Thousand Dollars ($50,000.00) the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy context of the “as built” plans covering such construction. Tenant, at its sole cost terms of this Lease and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost nature of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayedUnderlease; and (d) Tenant shall either furnish to Landlord a bond if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.this Lease;
Appears in 1 contract
Samples: modelcommerciallease.co.uk
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof make, or exterior walls of the Building or make permit to be made, any alteration, improvement or addition to, or improvement install, or permit to be installed, any fixture or equipment (other than desk top electrical equipment) in, the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, without the prior written consent of Landlord which consentLandlord; PROVIDED, as to nonHOWEVER, TENANT SHALL HAVE THE RIGHT WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD, TO MAKE NON-structural or non-systems repairsSTRUCTURAL, shall not be unreasonably withheldCOSMETIC ALTERATIONS WITH AN AGGREGATE COST OF LESS THAN TEN THOUSAND DOLLARS )$10,000.00), PROVIDED THAT TENANT NOTIFIES LANDLORD IN WRITING AT LEAST FIVE (5) BUSINESS DAYS IN ADVANCE OF THE NATURE AND EXTENT OF SUCH PROPOSED ALTERATIONS. Notwithstanding the preceding sentenceAll such alterations, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars improvements and additions ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration including all articles attached to the Premises for which Landlord’s consent is required floor, wall or ceiling of the Premises) shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to become the property of Landlord and protecting Landlord against public liability and property damage to any person shall, at Landlord's election, be (a) surrendered with the Premises as part thereof at the termination or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy expiration of the “as built” plans covering such construction. Term, without any payment, reimbursement or compensation therefor, or (b) removed by Tenant, at its sole cost and Tenant's expense, will make with all Alterations on damage caused by such removal repaired by Tenant. Tenant may remove Tenaxx'x xrade fixtures, office supplies, movable office furniture and equipment not attached to the Premises which may be necessary by Building provided such removal is made within five days after the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate expiration of the cost Term, no uncured Event of the proposed work, certified Default has occurred and Tenant promptly repairs all damage caused by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesremoval.
Appears in 1 contract
Samples: Lease Agreement (TRX Inc/Ga)
Alterations. Tenant shall You agree that you will not at any time during the Term of this Lease make any openings in the roof alterations, additions or exterior walls of the Building or make any alteration, addition or improvement improvements to the Premises (collectivelyincluding, “Alterations”without limitation, the roof and wall penetrations) or any portion thereof without, in each instance, without the prior written consent of Landlord Landlord: Tenant: RDM ----------- ------------- Landlord, which consent, as to non-structural or non-systems repairs, shall consent will not be unreasonably withheld, conditioned or delayed. Notwithstanding If Landlord shall consent to any alterations, additions or improvements proposed by you, you shall construct the preceding sentencesame in accordance with all governmental laws, Tenant ordinances, rules and regulations and all requirements of Landlord's and your insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by you to make the same. You may, without the consent of Landlord, but at your own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as you may make non-structural Alterations deem advisable, without obtaining Landlord’s altering the basic character of the Building and without overloading the floor or damaging the Building, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by you may be removed by you prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required termination of this Lease if you so elect, and shall be commenced removed by Tenant until Tenant has furnished Landlord with a satisfactory certificate the date of termination of this Lease or certificates from an insurance company acceptable upon earlier vacating of the Premises if required by Landlord; upon any such removal you agree to Landlord, evidencing workmen’s compensation coverage, restore the Premises to their original condition. All such removals and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder restoration shall be done accomplished in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance so as not to damage the primary structure or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy structural quality of the “as built” plans covering such constructionBuilding. TenantNotwithstanding the foregoing, at its sole cost and expense, will you may make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for without Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory 's prior consent but only after written notice to Landlord, or such other security reasonably satisfactory non-structural alterations which, in the aggregate, do not exceed $50,000. As to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees any alteration that all contractors engaging in any construction activity by and for the benefit of Tenant for which does not require Landlord’s consent shall be required shall obtain commercial general liability's consent, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall you will provide Landlord with a written certification that advance notification of the Alteration does not have any adverse environmental impact on making of the premisesalteration.
Appears in 1 contract
Alterations. Tenant Notwithstanding any provisions of the Lease incorporated herein to the contrary, Subtenant shall not at any time during the Term of this Lease make any openings alterations, improvements or installations in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Subleased Premises (collectively, “Alterations”) or any portion thereof without, without in each instance, instance obtaining the prior written consent of both Landlord which consentand Sublandlord. Subtenant acknowledges that the Landlord and Sublandlord may grant, as withhold or condition its consent in its sole discretion. If Sublandlord and Landlord consent to non-structural any such alterations, improvements or non-systems repairsinstallations, Subtenant shall perform and complete such alterations, improvements and installations at its expenses, in compliance with applicable laws and in compliance with Section 13 and other applicable provisions of the Lease. If Subtenant performs any alterations, improvements or installations without obtaining the prior written consent of both Landlord and Sublandlord, Sublandlord may remove such alterations, improvements or installations, restore the Subleased Premises and repair any damage arising from such a removal or restoration after providing Subtenant with all appropriate notice and cure periods, and Subtenant shall be liable to Sublandlord for all costs and expenses incurred by Sublandlord in the performance of such removal, repairs or restoration. Notwithstanding any terms herein or incorporated herein by reference to the contrary, Subtenant shall not be unreasonably withheld. Notwithstanding the preceding sentenceobligated to pay Sublandlord any review or approval fees, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentany construction management or oversight fees, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) or any other fees in the aggregate per calendar year. No Alteration connection with conducting approved alterations to the Premises for which Landlord’s consent is required Sublease Premises; provided, however, that Subtenant shall reimburse Sublandlord such “review fees”, if any, that may be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory owing to Landlord and protecting Landlord against public liability and property damage pursuant to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in Lease as a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion result of any Alteration attempts by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of Subtenant to undertake any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior alterations to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesSubleased Premises.
Appears in 1 contract
Alterations. Tenant shall not at make or suffer to be made any time during alterations, additions, or improvements, including, but not limited to, the Term attachment of this Lease make any openings in the roof fixtures or exterior walls of the Building equipment in, on, or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion part thereof without, or the making of any improvements in each instance, excess of $5,000.00 non-structural as required by Article 7 without the prior written consent of Landlord Landlord, which consentmay be withheld in Landlord's Reasonable discretion. Any alteration, additions or improvements to be done by Tenant as to non-structural part of Tenant's initial occupancy shall be specified in Exhibit B. Any alteration, addition, or non-systems repairsimprovement in, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration on or to the Premises for which Landlord’s consent is required including carpeting, but excepting movable furniture and personal property of Tenant removable without material damage to the properly or the Premises, shall be commenced and remain the property of Tenant during the Term but shall, unless Landlord elects otherwise, become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term and title shall pass to Landlord under this Lease as by a bill of sale. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. In the event landlord consents to the making of any such alteration, addition, or improvement by Tenant, at Xxxxxx's sole cost and expense. All alterations, additions or improvements proposed by Tenant until shall be constructed in accordance with all government laws, ordinances, rules and regulations and Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable shall, prior to construction, provide such assurances to Landlord, evidencing workmen’s compensation coverageincluding but not limited to, waivers of lien, surety company performance bonds and insurance coverage personal guaranties of individuals of substance, as Landlord shall require to assure payment of the costs thereof and to protect landlord against any loss from any mechanics', materialmen's or other liens. Tenant shall pay in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage addition to any person sums due pursuant to Article 4 above any increase in real estate taxes attributable to any such alteration, addition, or propertyimprovement for so long, on or off the Premises, arising out of and during the making of Term, as such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulationincrease is ascertainable. Upon completion the expiration or sooner termination of any Alteration by Tenant hereunderthe Term as herein provided, Tenant shall furnish upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with a copy of the “as built” plans covering such construction. Tenantall due diligence, at its sole cost and expense, will make all Alterations on the repair and restore Premises which may be necessary to their original condition, reasonable wear and tear and loss by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared casualty covered by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesArticle 23 excepted.
Appears in 1 contract
Samples: Infiniti Solutions LTD
Alterations. 10.1.1 Tenant shall will not at install any time during the Term of this Lease signs, fixtures, improvements, nor make or permit any openings in the roof other alterations or exterior walls of the Building or make any alterationadditions (individually, addition or improvement to the Premises (an “Alteration,” and collectively, the “Alterations”) or any portion thereof without, in each instance, to the Premises without the prior written consent of Landlord Landlord, which consentconsent shall be requested by Tenant not less than thirty (30) days prior to the commencement thereof, as to non-structural or non-systems repairs, and which consent shall not be unreasonably withheld, conditioned or delayed so long as any such Alteration is in compliance with Section 10 of this Lease and does not affect the Building Systems or the structural integrity of the Premises or the Building, and is not visible from the exterior of the Premises. If any such Alteration is expressly permitted by Landlord in writing, Tenant shall deliver at least ten (10) business days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility. In all events, Tenant shall obtain all permits or other governmental approvals and deliver a copy of same to Landlord prior to commencing any of such work. All Alterations shall be at Tenant’s sole cost and expense and shall be installed by a licensed contractor (reasonably approved by Landlord) in compliance with all Legal Requirements (including, but not limited to, the ADA). Tenant shall keep the Premises and the Property free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. In the event that a lien is recorded on the Premises or the Property, Tenant shall have thirty (30) days from the date of recordation to either remove the lien or deliver a bond to Landlord for the lien in an amount equal to 150% of the lien. Failure to do so shall be deemed a Default of this Lease. Tenant shall, prior to construction of any and all Alterations, cause its contractor(s) and subcontractor(s) to provide proof of insurance as reasonably required by Landlord. Notwithstanding the preceding sentenceforegoing, Tenant may, without Landlord consent, but upon at least thirty (30) days’ prior notice to Landlord, make Alterations which (i) are non-structural, (ii) do not adversely affect the Building systems, (iii) are not changes to the façade of a Building or visible from the exterior of any Building (provided that Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentchanges to the Project site, such as landscaping changes or installation of benches and tables, pursuant to this clause, provided the total cost same meet all of such nonthe other conditions of this clause), (iv) do not require a building permit, and (v) cost, in the aggregate as determined for each rolling twelve-structural Alteration is month period during the Term, less than Twenty Thousand Three and 00/10 Dollars ($20,000.003.00) per occurrence gross square foot of the Premises, which amount shall be increased by two and less than Fifty Thousand Dollars one-half percent ($50,000.002.5%) in each year during the aggregate per calendar yearInitial Term. No Alteration Tenant hereby agrees to the Premises for which provide copies of all plans of such Alterations, regardless of whether Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to required. 10.1.2 Landlord, evidencing workmen’s compensation coverageas part of Landlord's review process for Tenant's Alterations, will identify and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by advise Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by specialized, non-standard leasehold improvements that are beyond typical life science improvements and lab/office ratios in the San Diego market (collectively, “Specialty Alterations”), which Landlord will require that Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantremove, at its Tenant’s sole cost and expense, will make all Alterations on upon the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate expiration of the cost Term or earlier termination of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall this Lease. If an Alteration does not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which require Landlord’s consent under this Article 10, Tenant may request that Landlord provide a determination of whether such Alteration is a Specialty Alteration, which Landlord shall provide to Tenant in writing within ten (10) business days of Tenant’s request and receipt of all plans and other information reasonably requested by Landlord in order to make such determination. Additionally, Tenant shall be required shall obtain commercial general liabilityto repair any damage caused to the Premises by the installation and removal of such items, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s , capping off all such connections behind the walls of the Premises and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coveragerepairing any holes. Prior to During any restoration period beyond the commencement expiration or earlier termination of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationthe Term, Tenant shall provide pay Rent to Landlord as provided herein as if said space were otherwise occupied by Tenant. Landlord may, with respect to Specialty Alterations, by written notice to Tenant given at the time Landlord approves the applicable Specialty Alterations, or given following any earlier termination of this Lease due to a written certification that Tenant Default, require Tenant, at Tenant’s expense, to remove any Specialty Alterations within the Alteration does Premises and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to a building standard tenant improved condition as determined by Landlord. Tenant shall not have otherwise be required to remove any adverse environmental impact on Alterations except as expressly specified in this Section 10.1.2 or in the premises.Work Letter. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any
Appears in 1 contract
Samples: Neurocrine Biosciences Inc
Alterations. Tenant 10.%2.%3.%4. Borrower shall obtain Lender’s prior written consent prior to permitting Mortgage Borrower or Operating Company to perform any alterations to any Improvements, which consent shall be subject to the Deemed Approval Standard, except with respect to alterations that are reasonably likely to have a material adverse effect on Borrower’s, Senior Mezzanine Borrower’s, Mortgage Borrower’s or Operating Company’s financial condition, the value of the Collateral, the Senior Mezzanine Collateral, the Property or the Property’s Net Operating Income. Notwithstanding the foregoing, Lender’s consent shall not be required in connection with any alterations that will not have a material adverse effect on Borrower’s, Senior Mezzanine Borrower’s, Mortgage Borrower’s or Operating Company’s financial condition, the value of the Collateral, the Senior Mezzanine Collateral, the Property or the Property’s Net Operating Income, provided that such alterations are made in connection with (a) tenant improvement work performed pursuant to the terms of any Lease executed on or before the date hereof, (b) tenant improvement work performed pursuant to the terms and provisions of a Lease and not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements, (c) alterations performed in connection with the Restoration of the Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of the Mortgage Loan Agreement, (d) alterations permitted to be performed by Manager (provided Manager is a Non-Affiliated Manager) without the approval of Mortgage Borrower or Operating Company under the terms of the Management Agreement (provided the Management Agreement is a Non-Affiliated Management Agreement), or (e) alterations performed pursuant to an Approved Annual Budget. If the total unpaid amounts due and payable with respect to alterations constituting a single project to the Improvements at the Property (other than such amounts (I) to be paid or reimbursed by Tenants under the Leases (II) for which there are then funds expressly reserved pursuant to the applicable Approved Annual Budget in the Reserve Funds, the Manager-Held Reserves or the Mezzanine Reserve Funds, or (III) to the extent of which (x) Mortgage Lender shall then be holding a Completion Guaranty from Guarantor in accordance with Sections 5.1.21(b) of the Mortgage Loan Agreement, (y) Senior Mezzanine Lender shall then be holding a Completion Guaranty from Guarantor in accordance with Sections 5.1.21(b) of the Senior Mezzanine Loan Agreement, or (z) Lender shall then be holding a Completion Guaranty from Guarantor in accordance with Sections 5.1.21(b)) shall at any time during exceed the Term Threshold Amount, then subject to Section 5.1.21(b)(ii) below, Borrower shall cause Mortgage Borrower to promptly deliver to Lender, upon Lender’s request, as security for the payment of this Lease make such amounts and as additional security for Borrower’s obligations under the Loan Documents any openings in the roof or exterior walls of the Building following: (A) cash, (B) U.S. Obligations (C) other securities having a rating acceptable to Lender and, at Lender’s option, with respect to which the Approved Rating Agencies have provided a Rating Agency Confirmation or make any alteration, addition or improvement (D) a Letter of Credit. Such security shall be in an amount equal to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent excess of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration unpaid amounts with respect to alterations to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations Improvements on the Premises which Property over the Threshold Amount and Lender may be necessary by apply such security from time to time at the act or neglect option of any other person or corporation (public or private), except Lender to pay for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesalterations.
Appears in 1 contract
Samples: Junior Mezzanine Loan Agreement (Ashford Hospitality Prime, Inc.)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof no alterations, additions or exterior walls of the Building or make any alteration, addition or improvement improvements to the Premises (collectivelywithout the prior written consent of Landlord, “Alterations”) which consent shall not be unreasonably withheld for non-structural alterations; provided however, Tenant shall be permitted to make such alterations, additions or any portion thereof without, in each instance, improvements to the Premises without the prior written consent of Landlord which (but upon prior written notice to Landlord) that (i) are decorative or cosmetic in nature (consisting of painting, wall coverings and floor coverings, including carpeting), (ii) do not require Tenant to obtain a building permit in connection therewith; (iii) do not affect the structure of the Building or any operating systems of the Building; (iv) do not violate or render invalid the certificate of occupancy for the Building or the Premises; and (v) the total costs thereof do not exceed $25,000 in the aggregate during any 12 month period. If any such improvement requires approval by or notice to the lessor of a superior lease or the holder of a mortgage, no work shall proceed until such approval has been received or such notice has been given. Landlord may impose, as a condition to its consent, any requirements that Landlord, in its discretion, may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to non-structural or non-systems repairsthe manner, time and contractor for performance of the work. Landlord may require that Tenant enter into an agreement with Landlord for the work to be performed by Landlord's contractor, in which event Tenant shall not be unreasonably withheldpay to Landlord, the cost of construction as incurred by Landlord. Notwithstanding Should Landlord authorize Tenant to perform the preceding sentencework with a contractor approved by Landlord, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentshall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, provided regulations and ordinances. In any event, Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the total cost of such nonthe work. Under no circumstances shall Tenant make any improvement, which incorporates asbestos-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off containing construction materials into the Premises, arising out of . Tenant shall perform all alterations and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done improvements in a diligent, good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion using materials of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and quality reasonably approved by Landlord. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, which approval all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall not become the property of Landlord and shall be unreasonably withheld surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant, require Tenant to remove by the Expiration Date or delayed; sooner termination date of this Lease all or any alterations, decorations, fixtures, additions, improvements and the like installed either by or for Tenant or by Landlord at Tenant's request, and to repair any damage to the Premises arising from that removal. Within thirty (b30) days after completion of Tenant’s alterations, additions or improvements requiring the submission of plans to Landlord, Tenant shall furnish to Landlord an estimate a complete set of the cost of the proposed work, certified by the architect who prepared such “as-built” plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent such alterations, additions or improvements shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required insured by Landlord naming Landlord as an additional insured and providing liability coverage during all phases Tenant pursuant to Article X of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesthis Lease immediately upon completion thereof.
Appears in 1 contract
Samples: Office Lease (Model N, Inc.)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any Tenant alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, (collectively "Alterations") without in each instance, the prior written consent of Landlord Landlord; which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheld. Notwithstanding , provided, however, upon notice to, but without the preceding sentenceconsent of Landlord, Tenant may shall have the right to make any Alterations where same are non-structural Alterations without obtaining Landlord’s prior written consentstructural, provided do not require openings on the total cost roof or exterior walls of such non-structural Alteration is less than Twenty Thousand Dollars the Building, do not affect any Building system, and do not exceed TWENTY FIVE THOUSAND AND NO/100 ($20,000.0025,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) DOLLARS in the aggregate per calendar yearin any twelve (12) month period. No Alteration to the Premises for which Landlord’s 's consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to LandlordLandlord in accordance with Article IX hereof, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “"as built” " plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations for which Landlord's approval is required hereunder: (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which Landlord (such approval shall not be unreasonably withheld or delayed); (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesPremises. Prior to the commencement of any construction activity for which Landlord's consent shall be required, certificates of such insurance coverages shall be provided to Landlord and renewal certificates shall be delivered to Landlord prior to the expiration date of the respective policies.
Appears in 1 contract
Samples: Neoforma Com Inc
Alterations. Tenant Section 8.1 Landlord shall not at any time during make the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement initial improvements to the Premises (collectively, the “AlterationsLandlord’s Work”) in accordance with the terms and conditions contained in the work letter, plans and construction estimate set forth in Exhibit D (the “Work Letter”). The patties agree that Landlord is responsible to pay One Hundred Seventy Five Thousand & 00/100 ($175,000.00) Dollars toward the cost of Landlord’s Work, and that Tenant shall pay the cost of Landlord’s Work in excess of this sum to the contractor prior to Landlord’s payment of the above sum. Other than for the Landlord’s Work, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any portion part thereof withoutexcept as otherwise expressly provided herein or agreed upon in writing by Landlord, in each instanceand the patties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises, the prior written consent of Landlord’s Premises or the Property except as specifically herein set forth in writing and Tenant shall accept the Premises in their “AS-IS, WHERE IS” condition. Landlord which consentshall “Substantially Complete” the Landlord’s Work, as evidenced by delivery to non-structural or non-systems repairsTenant of a certificate executed by the Landlord certifying that the Landlord’s Work has been constructed in substantial accordance with Exhibit D and all Legal Requirements, shall not be unreasonably withheldby no later than the Scheduled Completion Date (as hereinafter defined). Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining in the event that Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary Work would have been Substantially Completed by the Scheduled Completion Date but for any act or neglect omission of Tenant or any other person or corporation (public or private)of its employees, except for Landlord, its agents, employees agents or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor, Tenant’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior changes to the commencement Work Letter or Tenant’s failure to complete any preparatory work which Tenant is responsible to perform (each, a “Tenant Delay”), the Commencement Date shall not be delayed by the term of any construction activity, certificates the Tenant Delay. By taking possession of such insurance coverages shall be provided to Landlord. Before commencing any Alterationthe Premises, Tenant shall provide Landlord with a written certification be deemed to have accepted the Premises as being in good and satisfactory order, condition and repair for its intended use under this Lease except for that portion of the Alteration does not have any adverse environmental impact on Premises that is within the premises.area of the Landlord’s Work. “
Appears in 1 contract
Samples: Lease Agreement (Brooklyn ImmunoTherapeutics, Inc.)
Alterations. Tenant shall not make, or suffer to be made, any alterations, improvements or additions in, on, about or to the Premises or any part thereof, without the prior written consent of Landlord and without a valid building permit issued by the appropriate governmental authority. As a condition to giving such consent. Landlord may require that Tenant agree to remove any such alterations, improvements or additions at any time during the Term termination of this Lease make Lease, and to restore the Premises to their prior condition. Unless, as a condition of Landlord's consent, Landlord requires that Tenant remove any openings in the roof such alterations, improvement or exterior walls of the Building or make addition, any alteration, addition or improvement to the Premises, except movable furniture and trade fixtures not affixed to the Premises, shall become the property of Landlord upon termination of the Lease and shall remain upon and be surrendered with the Premises at the termination of this Lease. Without limiting the generality of the foregoing, all heating, lighting, electrical (collectivelyincluding all wiring, “Alterations”) conduit, outlets, drops, buss xxxts, main and subpanels), air conditioning, partitioning, drapery, and carpet installations made by Tenant regardless of how affixed to the Premises, together with all other additions, alterations and improvements that have become an integral part of the Building, shall be and become the property of the Landlord upon termination of the Lease, and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of this Lease. If, during the term hereof, any alteration, addition or change of any sort to all or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statuteregulation, ordinance or regulation. Upon completion order of any Alteration by Tenant hereunderpublic agency, Tenant shall furnish Landlord with a copy of promptly make the “as built” plans covering such construction. Tenant, same at its sole cost and expense. If during the term hereof, will make all Alterations on any alteration, addition, or change to the Premises which may be necessary Parcel is required by the act law, regulation, ordinance or neglect order of any other person or corporation (public or private)agency, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of make the same and the cost of the proposed worksuch alteration, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work addition or change shall be submitted to and approved paid by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesTenant.
Appears in 1 contract
Samples: Sublease Agreement (Netgear Inc)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make suffer to be made any alteration, addition or improvement to or of the Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, (collectively referred to herein as "alterations") without (i) the prior written consent of Landlord which consentLandlord, as to non-structural (ii) a valid building permit issued by the appropriate governmental authority and (iii) otherwise complying with all applicable laws, regulations and requirements of governmental agencies having jurisdiction and with the rules, regulations and requirements of any board of fire underwriters or non-systems repairs, shall not be unreasonably withheldsimilar body. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided alterations costing in the total cost of such non-structural Alteration is aggregate less than Twenty Five Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.005,000) in any one year of the aggregate per calendar yearterm without the prior written consent of Landlord, provided that Tenant promptly informs Landlord in writing of the nature of the alterations, the cost thereof and the contractor engaged or proposed to be engaged to perform such work, and provided further that all such work complies with clauses (ii) and (iii) above. No Alteration Landlord's consent to any requested alteration shall not create on the part of Landlord or cause Landlord to incur any responsibility or liability for such alteration's compliance with all laws, rules and regulations of federal, state, county, municipal and other governmental authorities. Any alteration made by Tenant (excluding moveable furniture and trade fixtures not attached to the Premises) shall at once become a part of the Premises and belong to Landlord. Without limiting the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels), air conditioning, partitioning, drapery and carpet installations made by Tenant, regardless of how attached to the Premises, together with all other alterations that have become an integral part of the Project in which the Premises are a part, shall be and become part of the Premises and belong to Landlord upon installation and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of the lease. Regardless of whether Landlord's consent is required in connection with the making of any alteration by Tenant, the same shall be made by Tenant at its sole risk, cost and expense and only after Landlord's written approval of any contractor or person selected by Tenant for that purpose, and the same shall be made at such time and in such manner as Landlord may from time to time designate. Tenant shall, if required by Landlord, secure at Tenant's cost a completion and lien indemnity bond for such work. Upon Tenant's request, Landlord shall advise Tenant in writing whether it reserves the right to require Tenant to remove any Alterations from the Premises upon termination of the Lease. Upon the expiration or sooner termination of the term, Landlord may, at its sole option, require Tenant, at Tenant's sole cost and expense, to promptly both remove any such alteration made by Tenant and designated by Landlord to be removed and repair any damage to the Premises for which Landlord’s consent caused by such removal and shall restore the Premises to the surrender condition as provided in paragraph 23 herein. Any moveable furniture and equipment or trade fixtures remaining on the Premises at the expiration or other termination of the term shall become the property of the Landlord unless promptly removed by Tenant. If during the term any alteration, addition or change of the Premises is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statuteregulation, ordinance or regulation. Upon completion order of any Alteration by Tenant hereunderpublic authority, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will shall promptly make all Alterations on the same. If during the term any alterations, additions or changes to the Common Area or to the Project in which the Premises which may be necessary is located is required by the act law, regulation, ordinance or neglect order of any other person or corporation (public or private)quasi-public authority, except and it is impractical in Landlord's judgment for Landlordthe affected tenants to individually make such alterations, its agentsadditions or changes, employees Landlord shall make such alterations, additions or contractors. Before commencing any Alterations (a) plans changes and specifications therefor, prepared by a licensed architect, the cost thereof shall be submitted to a common area charge and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish pay its percentage share of such cost to Landlord an estimate of as provided in paragraph 16. All trade fixtures, personal property and Alterations installed in the cost of the proposed work, certified by the architect who prepared such plans and specifications; Premises at Tenant's expense (c"Tenant's Property") all contracts for any proposed work shall be submitted to deemed Tenant's property and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish be entitled to Landlord a bond in form all depreciation, amortization and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord tax benefits with a written certification that the Alteration does not have any adverse environmental impact on the premisesrespect thereto.
Appears in 1 contract
Samples: Entire Agreement (Novacept Inc)
Alterations. Following the construction of the initial Tenant Improvements in the Premises by Tenant pursuant to the provisions of the Work Agreement (Exhibit D) attached hereto, Tenant shall not at any time during the Term of this Lease make any openings in the roof alterations, additions or exterior walls of the Building or make any alteration, addition or improvement improvements to the Premises (collectively, the “Alterations”) or any portion thereof without, in each instance, without the prior written consent of Landlord Landlord, which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheld, conditioned or delayed so long as any such proposed Alterations will not adversely affect the Building Structure, the Building Systems or any other portion of the Business Park; except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises. Notwithstanding Tenant shall furnish complete plans and specifications to Landlord for its approval at the preceding sentencetime Tenant requests Landlord’s consent to any Alterations if the desired Alterations: (i) may affect the Building’s Systems or Building’s Structure; (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority; (iii) will cost in excess of Two Hundred Thousand Dollars ($200,000.00); or (iv) will require a building permit or similar governmental approval to undertake. Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord’s actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations, not to exceed Ten Thousand Dollars ($10,000) per project. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense by a contractor approved in writing by Xxxxxxxx, such approval not to be unreasonably withheld, conditioned or delayed. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may make non-structural Alterations without obtaining require. Without Landlord’s prior written consent, provided Tenant shall not use any portion of the total cost Common Areas either within or without the Project or Complex, as applicable, in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project or Complex, as applicable, in order to comply with any applicable Laws, then Tenant shall reimburse Landlord within thirty (30) days of Landlord’s demand for all costs and expenses incurred by Landlord in making such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to shall remain on and be surrendered with the Premises for which upon the expiration or sooner termination of this Lease, unless as part of Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished to an Alteration, Landlord with a satisfactory certificate designates that it will require the removal and repair of such Alteration at the expiration or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to earlier termination of the Lease. If Landlord and protecting Landlord against public liability and property damage to any person or property, on or off requires the Premises, arising out of and during the making removal of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make forthwith and with all due diligence (but in any event not later than ten (10) days after the expiration or earlier termination of the Lease) remove all or any portion of any Alterations on made by Tenant which are designated by Landlord to be removed (including without limitation stairs, bank vaults, and cabling, if applicable) and repair and restore the Premises which may be necessary in a good and workmanlike manner to a condition that is substantially similar to their original condition, reasonable wear and tear and modifications due to a change in applicable Law excepted. All construction work done by Tenant within the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, Premises shall be submitted performed in a good and workmanlike manner with new or like-new materials of first-class quality, lien-free and in compliance with all Laws, and in such manner as to cause a minimum of interference with other construction in progress and approved with the transaction of business in the Project or Complex, as applicable. Xxxxxx agrees to indemnify, defend and hold Landlord harmless against any loss, liability or damage resulting from such work in accordance with Section 11(d) hereof, and Tenant shall, if requested by Landlord, which furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any alterations, additions or improvements (or the plans therefor) shall not be unreasonably withheld constitute a representation or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved warranty by Landlord, which approval shall not be unreasonably withheld nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or delayed; with all applicable Laws, and (d) Tenant shall either furnish to Landlord be solely responsible for ensuring all such compliance. All voice, data, video, audio and other low voltage control transport system cabling and/or cable bundles installed in the Building by Tenant or its contractor shall be (A) plenum rated and/or have a bond composition makeup suited for its environmental use in form accordance with NFPA 70/National Electrical Code; (B) labeled every 3 meters with the Tenant’s name and substance satisfactory to Landlordorigination and destination points; (C) installed in accordance with all EIA/TIA standards and the National Electric Code; (D) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of cable pathways, or such other security reasonably satisfactory to Landlord to insure payment for the completion outlet identification numbers, locations of all work free wall, ceiling and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by floor penetrations, riser cable routing and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liabilityconduit routing (if applicable), worker’s compensation and such other liability insurance in such amounts information as Landlord may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coveragerequest. Prior to the commencement of any construction activity, certificates of such insurance coverages The routing plan shall be provided available to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that and its agents at the Alteration does not have any adverse environmental impact on the premisesBuilding upon request.
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Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alterationwill not, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s 's prior written consent, provided make alterations, additions or improvements in or about the total cost Premises and will not do anything to or on the Premises which will increase the rate of fire insurance on the Building. It is expressly understood and agreed that, other than the Tenant Improvements, Landlord is not requiring Tenant to make such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence improvements to the Premises, and less than Fifty Thousand Dollars ($50,000.00) Landlord and Tenant agree that no improvements by Tenant shall be deemed "Improvements," within the meaning of the Florida Construction Lien Law. All contractors, subcontractors, mechanics, laborers, materialmen, and others who perform any work, labor or services, or furnish any materials, or otherwise participate in the aggregate per calendar year. No Alteration improvement of the Premises shall be and are hereby given notice that Tenant is not authorized to subject Landlord's interest in the Building or the Property to any claim for construction, mechanics', laborers' and materialmen's liens, and all persons dealing directly or indirectly with Tenant may not look to the Premises as security for payment. Landlord has recorded a notice of the foregoing in the Public Records of Palm Beach County, Florida, pursuant to the provisions of Section 713.10, Florida Statutes. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which Landlord’s consent is required may or might arise by reason of the making of any such additions, improvements, alterations and/or installations by Tenant. Tenant shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate regard to all improvements and alterations made to or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off about the Premises, arising out including, without limitation, the Tenant Improvements, comply with the building codes, regulations and laws now or hereafter to be made or enforced in the municipality, county and/or state which have jurisdiction over such work. All alterations, additions or improvements of and during the making of such Alterations. Any Alteration a permanent nature made or installed by Tenant hereunder to the Premises shall be done in a good and workmanlike manner in compliance with any applicable governmental lawbecome the property of Landlord at the expiration of this Lease, statuteunless Landlord, ordinance or regulationby Notice to Tenant given no later than thirty (30) days prior to the end of the Lease, elects to relinquish its right thereto. Upon completion of any Alteration by Tenant hereunderIn such event, Tenant shall furnish Landlord with a copy of remove the “as built” plans covering such construction. Tenant, same at its sole cost and expense, will make all Alterations on expense and shall repair any damage to the Building or the Premises which may be necessary caused by said removal. Prior to making any alterations, including the act or neglect of any other person or corporation Tenant Improvements, Tenant (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (ai) shall submit to Landlord detailed plans and specifications therefor(including layout, prepared by architectural, mechanical and structural drawings) for each proposed alteration drawn in compliance with all applicable codes, ordinances and laws and shall not commence any such alteration without first obtaining Landlord's written approval of such plans and specifications, it being understood that neither Landlord's approval of such plans and specifications nor the construction of such Tenant Improvements pursuant to a licensed architectcontract between Landlord and a contractor, shall be submitted to deemed a warranty or representation by Landlord that the plans and specifications for such Tenant Improvements comply with applicable codes, ordinances and laws, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any government or quasi-governmental bodies and ensure that all work is performed in strict accordance with the plans and specifications approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (biii) Tenant shall furnish to Landlord an estimate evidence of the cost of the proposed workinsurance for worker's compensation (covering all persons to be employed by Tenant, certified by the architect who prepared and Tenant's contractors and subcontractors in connection with such plans alteration) and specifications; comprehensive public liability (cincluding property damage coverage) all contracts insurance in such form, with such companies, for any proposed work shall be submitted to such periods and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as Landlord may be reasonably require, naming Landlord and its agents as additional insureds. Upon completion of such alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such alteration required by any governmental or quasi-governmental bodies, if applicable, and shall furnish Landlord naming Landlord with copies thereof. All alterations shall be constructed in a good, workmanlike manner and strictly conform to the plans and specifications approved by Landlord; shall be of a quality that equals or exceeds the then current standard for the Building; all materials and equipment to be incorporated in the Premises as an additional insured a result of all alterations shall be new and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurancefirst quality; and (d) statutory worker’s compensation coverage and employer’s liability coverageno such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. Prior Landlord, at its option, may require Tenant to remove any additions installed by Tenant and/or repair any alterations made by Tenant to the commencement Premises, at Tenant's sole cost and expense, if such physical additions and/or alteration (i) were not pre-approved by Landlord in accordance with the provisions of any construction activity, certificates this Subparagraph B; or (ii) the contractor performing such work was not approved of by Landlord in accordance with the provisions of Subparagraph 7D below; or (iii) the quality of workmanship and/or quality of materials utilized in connection with such insurance coverages shall be provided to work do not comply with the standards set forth in this Subparagraph B; or (iv) such work was not performed in strict accordance with the plans and specifications approved by Landlord. Before commencing If Landlord elects to require that Tenant remove any Alterationsuch additions or repair any such alterations in accordance with the prior paragraph, Tenant shall provide do so within thirty (30) days of the date Landlord gives Tenant Notice of Landlord's election. If Tenant fails to correct such matters with a written certification that said thirty (30) day period, Landlord, may, but shall not be obligated to, remove such additions and/or repair such alterations and Tenant shall reimburse Landlord for all costs therefor, plus twenty percent (20%) to reimburse Landlord for its overhead and construction management services associated therewith. Tenant shall not, at any time prior to or during the Alteration does not have Term, directly or indirectly employ, or permit the employment of, any adverse environmental impact on contractor, mechanic or laborer in the premisesPremises, whether in connection with any alteration or otherwise, if such employment will unreasonably interfere or cause any material conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant or others. In the event of any such unreasonable interference or material conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately. All alterations to which Landlord has consented shall be at Tenant's sole cost and expense, unless such alterations are Tenant Improvements for which an Improvement Allowance (defined below) shall be paid.
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Alterations. Tenant Alterations" shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make mean any alteration, addition addition, or improvement in or on or to the Premises (collectivelyof any kind or nature, “Alterations”) or including any portion thereof without, in each instance, improvements made before Tenant's occupancy of the Premises. Tenant shall make no Alterations without the prior written consent of Landlord, which consent may be withheld or conditioned in Landlord's sole discretion. However, Landlord which consent, as will not unreasonably withhold or delay consent to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentinterior Alterations, provided that they do not involve demolition of improvements, affect utility services or Building systems, are not visible from outside the total cost Premises, do not affect Landlord's insurance coverages for the Building, and do not require other alterations, additions, or improvements to areas outside the Premises. Tenant shall reimburse Landlord, on demand, for the actual out-of-pocket costs for the services of such nonany third party employed by Landlord to review or prepare any Alteration-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises related plan or other document for which Landlord’s 's consent or approval is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to required. Landlord, evidencing workmen’s compensation coverageor its agent or contractor, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off may supervise the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion performance of any Alteration by Tenant hereunderAlterations, and, if so, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish pay to Landlord an estimate amount equal to 5% of the cost of the proposed work, certified as a supervisory fee. Except as expressly set forth in this Lease, Landlord has made no representation or promise as to the condition of the Premises, Landlord shall not perform any alterations, additions, or improvements to make the Premises suitable and ready for occupancy and use by Tenant, and Tenant shall accept possession of the architect who prepared such plans and specifications; (c) all contracts Premises in its then "as-is", "where-is" condition, without representation or warranty of any kind by Landlord. Except for any proposed work shall to be submitted to and approved performed by Landlord, which approval shall not be unreasonably withheld before any Alterations are undertaken by or delayed; and (d) on behalf of Tenant, Tenant shall either furnish obtain Landlord's approval of all contractors performing such Alterations, and shall deliver to Landlord a bond in form any governmental permit required for the Alterations and substance satisfactory shall require any contractor performing work on the Premises to obtain and maintain, at no expense to Landlord, workers' compensation and employer's liability insurance, builder's risk insurance in the amount of the replacement cost of the applicable Alterations (or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be amount reasonably required by Landlord naming Landlord as Landlord), commercial general liability insurance, written on an additional insured occurrence basis with minimum limits of $2 million per occurrence limit, $2 million general aggregate limit, $2 million personal and providing liability coverage during all phases of construction includingadvertising limit, without limitation: and $2 million products/completed operations limit (a) contractor’s and owners protection; (b) blanket including contractual liability coverage; (c) liability, broad form property damage and contractor's protective liability coverage); commercial automobile liability insurance, on an occurrence basis on the then most current ISO form, including coverage for owned, non-owned, leased, and hired automobiles, in the minimum amount of $1 million combined single limit for bodily injury and property damage; and (d) statutory worker’s compensation excess liability insurance in the minimum amount of $5 million. Contractor's insurance shall contain an endorsement insuring the Landlord Parties as additional insureds and shall be primary and non-contributory over any other coverage and employer’s liability coverage. Prior available to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, The Contractor's insurance shall also comply with the requirement of the Insurance article. All Alterations by Tenant shall provide Landlord also comply with a written certification that Landlord's rules and requirements for contractors performing work in the Alteration does not have any adverse environmental impact on the premisesProject.
Appears in 1 contract
Samples: Office Lease (Riot Blockchain, Inc.)
Alterations. a. Tenant shall not at any time during the Term of this Lease make any openings no alterations, decorations, additions or improvements in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s 's prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar yearthen only by contractors or mechanics approved by Landlord. No Alteration to the Premises for which Landlord’s consent is required Tenant agrees that there shall be commenced by Tenant until Tenant has furnished Landlord no constructions of partitions or other obstructions, which might interfere with a satisfactory certificate Landlord's free access to mechanical installations or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of facilities. All such Alterations. Any Alteration by Tenant hereunder work shall be done at such times and in a good such manner as Landlord may from time to time designate. Tenant covenants and workmanlike manner agrees that all work done by Tenant shall be performed in full compliance with any applicable all laws, rules, orders, ordinances, directions, regulations, and requirements of all governmental lawagencies, statuteoffices, ordinance departments, bureaus and boards having jurisdiction and in full compliance with the rules, orders, directions, regulations, and requirements of the Pacific Fire Rating Bureau, or regulation. Upon completion of any Alteration by Tenant hereundersimilar body. Before commencing any work, Tenant shall furnish give Landlord with a copy at least five (5) days written notice of the “as built” plans covering proposed commencement of such construction. Tenantwork and shall, if required by Landlord, secure at its sole tenant's own cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private)a completion and lien indemnity bond, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of lienssaid work. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, or materials claimed to have been furnished to tenant, will be discharged by Tenant by bond or otherwise, within ten (10) days after the filing thereof, at the cost and expense of Tenant. All alterations, decorations, additions or improvements upon the Premises, made by either party, including (without limiting the generality of the foregoing) all contractors engaging wall covering, built-in cabinet work, paneling, and the like, shall, unless Landlord elects otherwise, become the property of Landlord and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, expect that Landlord may, by written notice to Tenant, given at the time such work is performed, require Tenant to remove all partitions counters, railings, and the like installed by Tenant, and tenant shall repair any construction activity by damage to the Premises arising from such removal or at Landlord's option, shall pay to the Landlord's costs of such removal and for repair. Notwithstanding anything contained in the benefit of foregoing to the contrary, Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction includinghave the right, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior the consent of Landlord, to make certain minor alterations or improvements to the commencement of any construction activityPremises costing in the aggregate not greater than $10,000, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationprovided, however, that Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesnotice of its intent to perform such work in advance of such performance.
Appears in 1 contract
Alterations. Tenant Borrower shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the obtain Lenxxx’x prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with alterations to any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by LandlordImprovements, which approval consent shall not be unreasonably withheld or delayed; . Notwithstanding the foregoing, Lender’s consent shall not be required in connection with any alterations that will not have a material adverse effect on Borrowers’ financial condition, Borrower’s ability to perform its obligations under the Loan Documents or the value of any Individual Property, provided that such alterations are made in connection with (a) tenant improvement work performed pursuant to the terms of any Lease executed on or before the date hereof (or, after the date hereof, which are approved or deemed approved or which do not require Lender approval hereunder), (b) tenant improvement work performed pursuant to the terms and provisions of a Lease and not materially and adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements (unless the Tenant shall furnish is obligated to Landlord an estimate maintain or repair any structural components of the cost of the proposed workany Improvements pursuant to its Lease), certified by the architect who prepared such plans and specifications; (c) all contracts for alterations performed in connection with the Restoration of any proposed work shall be submitted to Individual Property after the occurrence of a Casualty or Condemnation in accordance with the terms and approved by Landlordprovisions of this Agreement, which approval shall not be unreasonably withheld or delayed; and (d) Tenant alterations required to comply with Legal Requirements or the terms of the Loan Documents or (e) alterations the aggregate cost of which is less than the Threshold Amount. If the total unpaid amounts due and payable with respect to alterations to the Improvements with respect to an Individual Property or any portion thereof (other than such amounts to be paid or reimbursed by Tenants under the Leases or paid with insurance or condemnation proceeds or reserves established pursuant to the Loan Documents) shall either furnish at any time exceed the Threshold Amount, Borrower shall promptly deliver to Landlord a bond in form and substance satisfactory to Landlord, or such other Lender as security reasonably satisfactory to Landlord to insure payment for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents any of the following: (A) cash, (B) U.S. Obligations, (C) other securities having a rating reasonably acceptable to Lender and that, at Lender’s option (if a Securitization has occurred), the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the initial, or, if higher, then current ratings assigned to any Securities or any class thereof in connection with any Securitization or (D) a completion and performance bond or an irrevocable Letter of all work free Credit (payable on sight draft only) issued by a financial institution having a rating by S&P of not less than “A-1+” if the term of such bond or Letter of Credit is no longer than three (3) months or, if such term is in excess of three (3) months, issued by a financial institution having a rating that is reasonably acceptable to Lender and clear that, at Lender’s option (if a Securitization has occurred), the applicable Rating Agencies have confirmed in writing will not, in and of liensitself, result in a downgrade, withdrawal or qualification of the initial, or, if higher, then current ratings assigned to any Securities or class thereof in connection with any Securitization. Tenant further agrees that all contractors engaging Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements on the Property (or any construction activity portion thereof) (other than such amounts to be paid or reimbursed by Tenants under the Leases) over the Threshold Amount and Lender may apply such security from time to time at the option of Lender to pay for such alterations. Lender shall return such security to Borrower when the remaining cost for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to applicable alteration triggering the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that security is reduced below the Alteration does not have any adverse environmental impact on the premisesThreshold.
Appears in 1 contract
Alterations. Tenant Borrower shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the obtain Lxxxxx’s prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with alterations to any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by LandlordImprovements, which approval consent shall not be unreasonably withheld or delayed; . Notwithstanding the foregoing, Lender’s consent shall not be required in connection with any alterations that will not have a material adverse effect on Borrowers’ financial condition, Borrower’s ability to perform its obligations under the Loan Documents or the value of any Individual Property, provided that such alterations are made in connection with (a) tenant improvement work performed pursuant to the terms of any Lease executed on or before the date hereof (or, after the date hereof, which are approved or deemed approved or which do not require Lender approval hereunder), (b) tenant improvement work performed pursuant to the terms and provisions of a Lease and not materially and adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements (unless the Tenant shall furnish is obligated to Landlord an estimate maintain or repair any structural components of the cost of the proposed workany Improvements pursuant to its Lease), certified by the architect who prepared such plans and specifications; (c) all contracts for alterations performed in connection with the Restoration of any proposed work shall be submitted to Individual Property after the occurrence of a Casualty or Condemnation in accordance with the terms and approved by Landlordprovisions of this Agreement, which approval shall not be unreasonably withheld or delayed; and (d) Tenant alterations required to comply with Legal Requirements or the terms of the Loan Documents or (e) alterations the aggregate cost of which is less than the Threshold Amount. If the total unpaid amounts due and payable with respect to alterations to the Improvements with respect to an Individual Property or any portion thereof (other than such amounts to be paid or reimbursed by Tenants under the Leases or paid with insurance or condemnation proceeds or reserves established pursuant to the Loan Documents) shall either furnish at any time exceed the Threshold Amount, Borrower shall promptly deliver to Landlord a bond in form and substance satisfactory to Landlord, or such other Lender as security reasonably satisfactory to Landlord to insure payment for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents any of the following: (A) cash, (B) U.S. Obligations, (C) other securities having a rating reasonably acceptable to Lender and that, at Lender’s option (if a Securitization has occurred), the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the initial, or, if higher, then current ratings assigned to any Securities or any class thereof in connection with any Securitization or (D) a completion and performance bond or an irrevocable Letter of all work free Credit (payable on sight draft only) issued by a financial institution having a rating by S&P of not less than “A-1+” if the term of such bond or Letter of Credit is no longer than three (3) months or, if such term is in excess of three (3) months, issued by a financial institution having a rating that is reasonably acceptable to Lender and clear that, at Lender’s option (if a Securitization has occurred), the applicable Rating Agencies have confirmed in writing will not, in and of liensitself, result in a downgrade, withdrawal or qualification of the initial, or, if higher, then current ratings assigned to any Securities or class thereof in connection with any Securitization. Tenant further agrees that all contractors engaging Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements on the Property (or any construction activity portion thereof) (other than such amounts to be paid or reimbursed by Tenants under the Leases) over the Threshold Amount and Lender may apply such security from time to time at the option of Lender to pay for such alterations. Lender shall return such security to Borrower when the remaining cost for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to applicable alteration triggering the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that security is reduced below the Alteration does not have any adverse environmental impact on the premisesThreshold.
Appears in 1 contract
Alterations. Tenant Borrower shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the obtain Lender’s prior written consent of Landlord which consent, as to non-structural or non-systems repairs, which consent shall not be unreasonably withheld, conditioned or delayed, to any alterations to the Improvements that may have a material adverse effect on Borrower’s or Mortgage Borrower’s financial condition, the use, operation or value of any Individual Property, the Collateral, the Mezzanine A Collateral, any Mortgage Principal’s general partner interest in the related Mortgage Borrower Entity, any Mezzanine A Principal’s general partner interest in the related Mezzanine A Borrower Entity or the net operating income of any Individual Property or the Collateral (an “Alteration”), other than (a) tenant improvement work performed pursuant to the terms of any Lease executed on or before the date hereof, or of any Lease executed subsequent to the date hereof if Lender shall have approved (or shall be deemed to have approved) such Lease pursuant to Section 5.1.17 hereof, (b) tenant improvement work performed pursuant to the terms and conditions of a Lease and not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or (except in the case of customary tenant signage) the exterior of any building constituting a part of any Improvements, (c) alterations performed in connection with the restoration of an Individual Property after the occurrence of a casualty in accordance with the terms and conditions of this Agreement and the Mortgage Loan Documents or (d) the capital improvements identified in Schedule 5.1.20 annexed hereto. Any approval by Lender of the plans, specifications or working drawings for Alterations of any Individual Property shall not create responsibility or liability on behalf of Lender for their completeness, design, sufficiency or their compliance with Applicable Laws. Lender may condition any such approval upon receipt of a certificate of compliance with Applicable Laws from an independent architect, engineer, or other person reasonably acceptable to Lender. If the total unpaid amounts due and payable with respect to an Alteration to the Improvements of any Individual Property (other than such amounts to be paid or reimbursed by tenants under the Leases or Alterations not requiring approval under clauses (a) through (d) above) shall at any time exceed an amount equal to the lesser of (x) five percent (5%) of the Allocated Loan Amount for such Individual Property and (y) $2,500,000 (the “Threshold Amount”; and any such Alteration a “Material Alteration”), Borrower shall promptly deliver or cause to be delivered to Lender, (i) as security for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents, any of the following: (1) cash, (2) U.S. Obligations, (3) other securities having a rating reasonably acceptable to Lender or, if a Securitization has occurred, the applicable Rating Agencies have confirmed in writing that such securities delivered will not, in and of themselves, result in a downgrade, withdrawal or qualification of the initial, or if higher, the then current ratings assigned in connection with such Securitization, (4) a completion bond and performance bond or (5) a Letter of Credit (the security described in clauses (1) through (5) above being sometimes referred to hereinafter, collectively, as the “Material Alteration Security”), and (ii) if a Securitization has occurred, written confirmation from the applicable Rating Agencies that any such Material Alteration shall not result in the downgrade, withdrawal or qualification of the initial, or, if higher, the current ratings assigned to the Securities in connection with a Securitization. The Material Alteration Security shall be in an amount equal to the excess of (x) the total unpaid amounts with respect to Material Alterations to the Improvements (other than such amounts to be paid or reimbursed by Tenants under Leases or to be paid from Reserve Funds or Alterations not requiring approval under clauses (a) through (d) above) over (y) the Threshold Amount. Upon Borrower’s request therefor, Lender shall disburse any Material Alteration Security that is cash to Borrower to pay for Material Alterations or permit Borrower to partially reduce any non-cash Material Alteration Security for work completed and paid for with respect to Material Alterations from time to time, subject to the same conditions to the release and disbursement of Required Repair Funds. Provided that no Event of Default then exists, upon completion of the Material Alteration, as determined by Lender in its reasonable discretion, Lender shall cancel the Material Alteration Security or disburse or return to Borrower the Material Alteration Security, as applicable. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentBorrower shall be relieved of its obligation to deposit the security for certain alterations described above if either (A) Mortgage Borrower is required to and does deliver such security to Mortgage Lender in accordance with the Mortgage Loan Documents or (B) Mezzanine A Borrower is required to and does deliver such security to Mezzanine A Lender in accordance with the Mezzanine A Loan Documents, provided and in any such case Lender has received evidence reasonably acceptable to Lender of the total cost delivery of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisessecurity.
Appears in 1 contract
Samples: Mezzanine B Loan Agreement (Archstone Smith Operating Trust)
Alterations. Tenant shall not make any alterations to the Premises or any other aspect of the Project, without Landlord's prior written consent, which consent Landlord may withhold in its reasonable but subjective discretion. All permitted alterations must be performed in compliance with Landlord's standard rules and regulations regarding alterations. All alterations will become the property of Landlord and will remain upon and be surrendered with the Premises at any time during the end of the Term of this Lease make Lease; provided, however, Landlord may require Tenant to remove any openings in or all alterations at the roof or exterior walls end of the Building Term of this Lease. If Tenant fails to remove by the expiration or make any alterationearlier termination of this Lease all of its personal property, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof withoutalterations identified by Landlord for removal, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantmay, at its option, treat such failure as a hold-over pursuant to Subparagraph 11(b) above, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and/or alterations as abandoned and, at Tenant's sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans expense and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory addition to Landlord's other rights and remedies tinder this Lease, at law or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitationequity: (a) contractor’s remove and owners protectionstore such items; and/or (b) blanket contractual upon ten (10) days' prior notice to Tenant, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Tenant shall be liable for all costs of disposition of Tenant's abandoned property and Landlord shall have no liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverageto Tenant with respect to any such abandoned property. Prior Landlord agrees to apply the commencement proceeds of any construction activitysale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, certificates storage and/or sale of such insurance coverages shall items), with any remainder to be provided paid to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesTenant.
Appears in 1 contract
Samples: Nanosensors Inc
Alterations. (a) Tenant shall not at make or allow any time during alterations, additions, or improvements to the Term Premises or any part of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without), in each instance, the without Landlord's prior written consent of Landlord which consent, as to non-structural or non-systems repairs, which shall not be unreasonably withheld. Notwithstanding Consent, however, may be conditioned on the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coveragereceipt by, and insurance coverage in amounts satisfactory to approval of, Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making a set of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared for the alterations no later than ten (10) business days prior to the scheduled construction of the alterations as well as the use by Tenant of a licensed architect, shall be submitted to and contractor or contractors approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of . Notwithstanding the cost of the proposed workforegoing, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval 's consent shall not be unreasonably withheld required for any Alterations which do not affect the Building structure, Building systems, or delayedpenetrate the floor or ceiling of the Premises and which cost less than Twenty Thousand Dollars ($20,000) annually, provided each such Alteration is otherwise made in compliance with the terms of this Lease. Landlord may withhold approval of any contractor which does not meet the qualifications requirements of any Landlord lender; including the requirement that such contractor employ union labor in accordance with the Labor Covenant (contained in Exhibit S). The installation of furnishings, fixtures, equipment, or decorative improvements, none of which shall affect operating systems or the structure of the Premises shall not constitute Alterations. All Alterations and (d) any furnishings, fixtures, equipment, or decorative improvements remaining on the Premises after the termination or earlier expiration of this Lease shall immediately become Landlord's property and, at the termination or earlier expiration of this Lease, shall remain on the Premises without compensation to Tenant. Provided Landlord identifies such Alterations for possible removal at the time of Landlord's initial approval for installation, and further provided Landlord subsequently elects by notice to Tenant to have Tenant remove same at the end of the Term, then Tenant shall either furnish cause such removal and/or restoration to be done at Tenant's sole cost and expense and Tenant shall restore the portions of the Premises subject to such removal to the condition of as of the Commencement Date of this Lease. If Landlord a bond in form requires Tenant to remove any Alterations and substance satisfactory to Landlordany furnishings, fixtures, equipment, or decorative improvements and Tenant fails to cause such removal and/or restoration on or prior to the termination or other security reasonably satisfactory to Landlord to insure payment for the completion earlier expiration of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent this Lease, such failure shall be required shall obtain commercial general liabilitydeemed a holdover under Section 13(b) of this Lease, worker’s compensation and such in addition to any other liability insurance in such amounts as may be reasonably required by damages owing Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationunder this Section, Tenant shall provide owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease, shall be performed in accordance with all applicable laws and at Tenant's sole expense. Tenant will indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease. The foregoing notwithstanding, nothing in this Section 11 shall require Tenant to remove the initial Tenant Improvements installed by Landlord in accordance with a written certification that the Alteration does not have any adverse environmental impact on the premises.Approved Tenant Improvement Drawings as set forth in Exhibit C.
Appears in 1 contract
Samples: Kana Communications Inc
Alterations. 3. Tenant shall make no changes in or to the demised premises of any nature without Owner’s prior written consent, such approval not at any time during the Term of this Lease make any openings to be unreasonably withheld, delayed or conditioned in the roof or exterior walls accordance with Article 48 of the Building or make any alteration, addition or improvement rider to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, Lease. Subject to the prior written consent of Landlord which consentOwner, as and to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentenceprovisions of this article and Article 48 of the rider, Tenant at Tenant’s expense, may make non-structural Alterations without obtaining Landlord’s prior written consentalterations, provided installation, additions or improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines (unless such utility services or plumbing and electrical lines are located entirely within and serve solely the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00demised premises) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is demised premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate any governmental or quasi-governmental bodies and (upon completion) certificates from an insurance company acceptable to Landlordof final approval thereof, evidencing workmen’s compensation coverageif required, and insurance coverage in amounts satisfactory shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord Owner and protecting Landlord against public liability Tenant agrees to carry and will cause Tenant’s contractors and subcontractor to carry such xxxxxxx’x compensation, general liability, personal and property damage insurance as Owner may reasonably require. If any mechanic’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to any person have done for, or propertymaterials furnished to, on Tenant, whether or off not done pursuant to this article, the Premises, arising out of and during the making of such Alterations. Any Alteration same shall be discharged by Tenant hereunder within thirty (30) days after notice thereof to Tenant (which may be served simultaneously with a notice of default under Article 17, below), at Tenant’s expense, by payment or filing a bond as permitted by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant’s behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant at the time that Owner consents to such installation, elects to relinquish Owner’s rights thereto and to have them removed by Tenant, in which event, the same shall be done removed from the premises by Tenant prior to the expiration of the lease, at Tenant’s expense. Nothing in a good this article shall be construed to give Owner title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and workmanlike manner in compliance with any applicable governmental lawequipment, statute, ordinance or regulation. Upon completion but upon removal of any Alteration such from the premises or upon removal of other installations as may be required by Tenant hereunderOwner, Tenant shall furnish Landlord with a copy immediately and at its expense, repair and restore the premises substantially to the condition existing prior to installation, wear and tear and casualty excepted, and repair any damage to the demised premises or the building due to such removal All property permitted or required to be removed by Tenant at the end of the “as built” plans covering such construction. term remaining in the premises, or upon Tenant’s vacating, surrender or removing prior thereto, after Tenant’s removal shall be deemed abandoned and may, at its sole cost and expensethe election of Owner, will make all Alterations on the Premises which either be retained as Owner’s property or may be necessary removed from the premises by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which LandlordOwner at Tenant’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesexpense.
Appears in 1 contract
Samples: Agreement of Lease (American Realty Capital New York Recovery Reit Inc)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any Tenant alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without(collectively, "Alterations") without in each instance, the prior written consent of Landlord which consentLandlord; provided, as however, upon notice to, but without the consent of Landlord, Tenant shall have the right to make any Alterations where same are non-structural structural, do not require openings on the roof or non-systems repairsexterior walls of the Improvements, shall do not be unreasonably withheld. Notwithstanding the preceding sentenceaffect any Building system, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars do not exceed FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) in the aggregate per calendar yearin any twelve (12)-month period. No Alteration to the Premises for which Landlord’s 's consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s 's compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterationsalterations, additions or improvements. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “"as built” " plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations Alterations, involving an estimated cost of more than FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00): (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which Landlord (such approval shall not be unreasonably withheld or delayed); (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s 's consent shall be required shall obtain comprehensive/commercial general liability, worker’s 's compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming the Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s 's and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s 's compensation coverage and employer’s 's liability coverage. Prior to ; (e) coverage under the commencement structural work act of any construction activitythe State of Illinois; and (f) environmental liability, certificates of such insurance coverages shall be provided to Landlordif applicable. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesPremises. Prior to the commencement of any construction activity for which Landlord's consent shall be required, certificates of such insurance coverages (and original policies with respect to environmental liability insurance) shall be provided to Landlord.
Appears in 1 contract
Samples: Stericycle Inc
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alterationnot, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the without Landlord’s prior written consent of Landlord (which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheld, conditioned or delayed by Landlord), make or cause to be made any “material” Tenant Improvements. Notwithstanding For purposes of this Lease the preceding sentenceterm “material” Tenant Improvements shall mean all Tenant Improvements which (i) affect the structure, systems (i.e. electrical, mechanical, plumbing, sewerage, elevator and/or “HVAC”) or exterior appearance of the Facility, (ii) reduce the present fair market value of the Premises by more than $10,000.00 in any one (1) instance or by more than $100,000.00 in the aggregate, (iii) require the demolition of existing improvements on the Premises which, taken together with the additions to be made by Tenant, result in a net reduction in the present fair market value by more than $10,000.00 in any one (1) instance or by more than $100,000.00 in the aggregate, or (iv) cost in excess of $10,000.00 (it being hereby agreed to that the various dollar amounts set forth above in this sentence shall each be increased by three percent (3%) for each Lease Year during the Term following the first Lease Year). The phrase material Tenant may make non-structural Alterations without obtaining Landlord’s Improvements shall not include wallpaper or carpeting that needs to be replaced, or other cosmetic changes to the interior of the Premises. Tenant shall give Landlord prior written consentnotice of any intended Tenant Improvements, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which whether or not Landlord’s consent is required for such work. Tenant may, but shall not be required to, request that Landlord agree in writing prior to the installation of a specific Tenant Improvement that Tenant may remove such Tenant Improvement at the expiration or earlier termination of this Lease. All Tenant Improvements, whether made by Landlord or Tenant in or upon the Premises shall, unless Landlord has consented to or requests their removal by Tenant, become Landlord’s property and shall remain upon the Premises at the termination of the Lease by lapse of time or otherwise, without compensation to Tenant. If, prior to the installation of any Tenant Improvements, Landlord agrees that such Tenant Improvements can remain or must be removed upon the expiration of the Term, Landlord’s decision shall be commenced by Tenant until Tenant has furnished irrevocable unless the parties otherwise mutually agree in writing. If Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off requires the Premises, arising out of and during the making removal of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunderitems as provided above, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make remove such items prior to the termination of the Lease or Tenant’s right to possess the Premises, and repair any damage to the Premises caused by the installation of such items and/or by their removal, failing which Landlord may remove the same and repair the Premises and Tenant shall pay the cost thereof to Landlord upon demand. Notwithstanding anything contained herein to the contrary the following items of property may be removed from the Premises by Tenant if such removal may be done without material structural damage to the Facility: Tenant’s movable furniture and other personal property, and, to the extent not included in the Plans or installed as a replacement of items included in the Plans: Tenant’s trade fixtures and equipment. If Tenant does not remove such property by the earlier of (i) the date when Tenant vacates the Premises, and (ii) the expiration of the Term or sooner termination of this Lease or Tenant’s right to possess the Premises, then Landlord may, at its option and at Tenant’s sole cost and expense, remove (and repair or restore any damage to the Premises caused by such removal), store and warehouse such property at a location or locations determined by Landlord in its sole discretion. Regardless or whether Landlord elects to take any of the actions specified in the immediately preceding sentence, within fifteen (15) days after the later to occur of the date of eviction, expiration or termination, as the case may be, at Landlord’s option, Tenant shall be conclusively presumed to have forever abandoned such property, in which event Landlord may, at its option, elect to: (A) at Tenant’s sole cost and expense, without accepting title to such property, remove (and repair or restore any damage to the Premises caused by such removal), destroy, discard or otherwise dispose of all Alterations or any part thereof without incurring liability to Tenant or to any other person; or (B) deem such abandonment as a conclusive presumption that Tenant has conveyed such proper to Landlord under this Lease as a xxxx of sale without payment or credit by Landlord and, in either such event, without releasing Tenant from any obligations pursuant to this Section 14. Tenant shall pay Landlord upon demand all of the expenses incurred in taking any of the actions described in this grammatical paragraph, which obligation shall survive the expiration of the Term or sooner termination of this Lease. All Tenant Improvements shall (i) be paid for by Tenant, (ii) comply with all applicable Guarantees, Legal Requirements and insurance requirements, (iii) be made in a good and workmanlike manner and incorporate only good grades of materials, (iv) be performed by reputable contractors reasonably acceptable to Landlord (as determined by Landlord on the Premises which may be necessary basis of creditworthiness, skill, experience with regard to the scope of work required and reputation in the Atlanta community of contractors, all such factors in fair and reasonable relationship to the scope, size, and duration of the work required by the act or neglect of any other person or corporation Tenant) employed by Tenant under written contracts previously approved in writing by Landlord (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; ), and (bv) be performed subject to any other conditions Landlord may reasonably impose including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Improvements and insurance against liabilities which may arise out of such work, as determined by Landlord. Notwithstanding the requirements in the preceding sentence, the requirements specified in clauses (iv) and (v) above shall only apply to “material” Tenant Improvements hereunder. Tenant shall permit Landlord to supervise the construction of any Tenant Improvements. Tenant shall reimburse Landlord, as Additional Rent hereunder, for any fees, costs, charges and expenses incurred by Landlord to any third parties in connection with Landlord’s review of any plans, specifications or drawings related to “material” Tenant Improvements. In addition, Landlord shall charge a supervising fee with respect to “material” Tenant Improvements equal to the greater of $500.00 or three percent (3%) of the total cost of such work including without limitation, all labor and material costs, if Tenant’s employees or contractors perform such work. Tenant shall pay to Landlord, within fifteen (15) days after being billed therefor from time to time, and/or to Tenant’s contractor as the case may be, when due, the cost of all such work and all applicable reimbursements and supervision fees, and if payment is made directly to Tenant’s contractor, upon completion of all such work, Tenant shall deliver to Landlord evidence of payment and full and final waivers of all liens for labor, services or materials. Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior prior to the commencement of any construction activityTenant Improvement, copies of all plans and specifications prepared at Tenant’s expense by architects and engineers acceptable to Landlord, and building permits and certificates of appropriate insurance and evidence of payment thereof, if such permits or insurance coverages are required; provided, however, that plans and specifications shall not be provided required with respect to “non-material” Tenant Improvements unless otherwise required by any applicable Legal Requirements. Tenant shall furnish to Landlord, promptly after completion of any “material” Tenant Improvement, as-built plans and specifications for such Tenant Improvement. Before commencing any Alteration, Tenant shall provide indemnify, defend and hold all Landlord Related Parties harmless from all costs, damages, liens and expenses related to any Tenant Improvements performed by or under the direction of Tenant, whether performed in compliance with a this Section 14 or any other conditions imposed by Landlord; provided, however, such indemnity (and the covenant against liens provided in Section 16 hereof) shall not apply in the event: (i) Landlord or its contractors perform the Tenant Improvements pursuant to this Section 14; (ii) Tenant timely pays Landlord all costs, expenses, fees and reimbursements due hereunder in connection with such Tenant Improvements; and (iii) Tenant Related Parties do not cause Landlord Related Parties to incur additional costs, damages, expenses or liabilities in connection with any such Tenant Improvement (any such additional costs, damages, expenses or liabilities caused by Tenant Related Parties being covered by Tenant’s indemnity and covenant against liens). For purposes of this Lease, the term “non-material” Tenant Improvements shall mean any Tenant Improvements that do not constitute “material” Tenant Improvements hereunder requiring Landlord’s prior written certification consent as provided herein. Landlord agrees that Tenant may make or cause to be made any “non-material” Tenant Improvements without first obtaining Landlord’s prior written consent, subject to the Alteration does not have any adverse environmental impact on the premisesother terms and conditions of this Section 14.
Appears in 1 contract
Samples: Agreement (Cryolife Inc)
Alterations. (a) Tenant shall not at any time during make no alterations, additions or improvements in or to the Term of this Lease make any openings in the roof Premises, without Landlord's prior written consent, and then only by contractors or exterior walls mechanics approved by Landlord. Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or make any alteration, addition Project or improvement interfere with the moving of Landlord's equipment to or from the Premises (collectively, “Alterations”) enclosures containing said installations or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheldfacilities. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of All such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder work shall be done at such times and in a good such manner as Landlord may from time to time designate. Tenant covenants and workmanlike manner agrees that all work done by Tenant shall be performed in full compliance with any applicable all laws, rules, orders, ordinances, regulations and requirements of all governmental lawagencies, statuteoffices, ordinance or regulation. Upon completion and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Offices formerly known as the Pacific Fire Rating Bureau, and of any Alteration by Tenant hereundersimilar body. Before commencing any work, Tenant shall furnish give Landlord with a copy at least ten days written notice of the “as built” plans covering proposed commencement of such construction. work and shall, if required by Landlord, secure at Tenant, at its sole 's own cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private)a completion and lien indemnity bond, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of lienssaid work. Tenant further covenants and agrees that all contractors engaging in any construction activity by and mechanic's lien filed against the Premises or against the Building or Project for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liabilitywork claimed to have been done for, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior or materials claimed to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationhave been furnished to, Tenant will be discharged by Tenant, by bond or otherwise, within ten days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all wall-covering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall provide remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord with a may, by written certification that notice to Tenant, require Tenant to remove all partitions, counters, railings and the Alteration does not have any adverse environmental impact on the premiseslike installed by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal.
Appears in 1 contract
Samples: Sublease Agreement (GP Investments Acquisition Corp.)
Alterations. Tenant shall may not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any improvement, alteration, addition or improvement change to the Premises or to any mechanical, plumbing or HVAC facilities or other systems serving the Premises (collectively, an “AlterationsAlteration”) or any portion thereof without, in each instance, the without Landlord’s prior written consent of Landlord which consent, as to non-structural or non-systems repairs, which consent shall be requested by Tenant not less than thirty (30) days before commencement of work and shall not be unreasonably withheld, conditioned or delayed by Landlord. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining provided that Landlord receives ten (10) business days’ prior notice, Landlord’s prior written consentconsent shall not be required for (a) any Alteration that is decorative only (e.g., provided carpet installation or painting) and not visible from outside the total cost of such non-structural Premises, or (b) any Alteration that (i) is less than Twenty Thousand Dollars reasonably estimated ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which together with any other Alterations performed without Landlord’s consent pursuant to this sentence during the 12-month period ending on the date of such notice) to cost less than $250,000.00, (ii) is required not visible from outside the Premises, and (iii) does not affect any structural component or major system of the Building. For any Alteration, (a) Tenant, before commencing work, shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable deliver to Landlord, evidencing workmenand obtain Landlord’s compensation coverageapproval of, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (b) Landlord, in its reasonable discretion, may require Tenant to obtain security for performance satisfactory to Landlord (but, in the case of this clause (b), only if the cost of such Alteration exceeds $500,000.00); (c) all contracts for any proposed work Tenant shall be submitted deliver to and approved Landlord “as built” drawings (in CAD format, if requested by Landlord), which approval shall not be unreasonably withheld or delayedcompletion affidavits, full and final lien waivers, and all governmental approvals; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to pay Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which upon demand, Landlord’s consent shall be required shall obtain commercial general liabilityreasonable out-of-pocket expenses incurred in reviewing the work; provided, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction includinghowever, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and that this clause (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior shall not apply to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesImprovements.
Appears in 1 contract
Samples: Office Lease (Atmel Corp)
Alterations. Tenant shall not make or permit to be made any alterations, additions or improvements in, upon or to the Leased Premises, or any part of the Leased Premises, without the prior written consent of Landlord. In the event such consent is obtained, all such alterations, additions or improvements shall be performed at the expense of Tenant and in a good, workmanlike manner, free from faults and defects and in accordance with all applicable laws and building codes and plans and specifications approved by Landlord. Tenant shall not allow any time during construction liens to attach to the Term Leased Premises or Building in connection with any such alteration, and the failure of Tenant to have any such lien released or bonded over within ten (10) days after written notice from Landlord shall constitute a default under this Lease. In addition, Tenant shall indemnify, defend and hold Landlord harmless from any and all costs and expenses incurred by Landlord in connection with such construction liens, including, without limitation, attorneys fees and costs of litigation. All alterations, additions or improvements (except trade fixtures) so made and installed by Tenant shall become part of the realty, shall become the property of Landlord and shall remain for the benefit of Landlord at the end of the term or other expiration of this Lease make in as good condition as they were when installed, reasonable wear and tear excepted; provided, however, that any openings in the roof or exterior walls of the Building or make any such alteration, addition or improvement to remaining at the Premises (collectively, “Alterations”) end of the term or any portion thereof without, in each instance, the prior written consent other expiration of Landlord which consent, as to non-structural or non-systems repairsthis Lease, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced upon demand made by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmenbe removed by Tenant, at Tenant’s compensation coverageexpense, and insurance coverage in amounts satisfactory Tenant shall repair any damage caused by such removal, restoring the Leased Premises to Landlord and protecting Landlord against public liability and property damage its condition prior to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental lawalteration, statute, ordinance addition or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesimprovement.
Appears in 1 contract
Samples: Lease (Clarion Technologies Inc/De/)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings Except for non-structural, non-exterior, non-building systems alterations costing less than $50,000 in the roof aggregate in any 12-month period, Tenant may make no alterations or exterior walls of the Building or make any alteration, addition or improvement improvements to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, without the prior written consent of Landlord, which Landlord may not unreasonably withhold, condition or delay; provided that irrespective of the cost of an alteration, any alteration that is structural, effects building systems or is to the exterior of the Premises shall required the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion. At the time that Landlord gives consent, as Landlord will state whether Landlord will require Tenant to non-structural or non-systems repairs, remove the alterations at the end of the Lease Term and to restore the Premises to their condition before Tenant made the alterations. Tenant shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make noninstall any “through-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such nonthe-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) wall” or “through-the-window” heaters or air-conditioners in the aggregate per calendar yearPremises. No Alteration Tenant shall make any approved alterations in accordance with all applicable laws and regulations, with all required building permits, and with arrangements acceptable to Landlord to eliminate risk of mechanic’s or construction liens attaching to the Building or to the Premises. Tenant indemnifies Landlord against any cost or expense incurred by Landlord to investigate, contest, or satisfy any mechanic’s or construction lien on the Building or the Premises that results from any alterations authorized or contracted for which Landlord’s consent is required by Tenant. All alterations shall be commenced made by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmenat Tenant’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on including any alterations required to the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees Building that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably are required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior alteration Tenant makes to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesPremises.
Appears in 1 contract
Alterations. Tenant shall not make any alterations to the Premises or any other aspect of the Development, without Landlord's prior written consent, which consent Landlord may withhold in its reasonable but subjective discretion. All permitted alterations must be performed in compliance with Landlord's standard rules and regulations regarding alterations. All alterations will become the property of Landlord and will remain upon and be surrendered with the Premises at any time during the end of the Term of this Lease; provided, however, Landlord may require Tenant to remove any or all alterations at the expiration or earlier termination of this Lease. If Tenant fails to remove by the expiration or earlier termination of this Lease make any openings in the roof or exterior walls all of the Building or make any alterationits personal property, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof withoutalterations identified by Landlord for removal, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantmay, at its option, treat such failure as a hold-over pursuant to Subparagraph 11 (b) above, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and/or alterations as abandoned and, at Tenant's sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory addition to Landlord's other rights and remedies under this Lease, at law or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitationequity: (a) contractor’s remove and owners protectionstore such items; and/or (b) blanket contractual upon ten (10) days' prior notice to Tenant, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Tenant shall be liable for all costs of disposition of Tenant's abandoned property and Landlord shall have no liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverageto Tenant with respect to any such abandoned property. Prior Landlord agrees to apply the commencement proceeds of any construction activitysale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, certificates storage and/or sale of such insurance coverages shall items), with any remainder to be provided paid to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesTenant.
Appears in 1 contract
Samples: Probusiness Services Inc
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement alterations to the Premises (collectivelyPremises, “Alterations”) or including any portion thereof withoutchanges to the existing landscaping, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s 's prior written consent, provided the total cost of such except for non-structural Alteration is less than Twenty alterations that do not in the aggregate exceed Fifteen Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.0015,000.00) in any twelve (12) month period. As to any alterations made by Tenant, Tenant shall notify Landlord of the aggregate per calendar year. No Alteration nature of such alterations prior to the commencement of such alterations. Non-structural alterations include the construction and removal of interior non-load bearing walls. If Landlord gives its consent to such alterations or such alterations do not require Landlord's consent pursuant to the other provisions of this par14, Landlord may post notices in accordance with the laws of the state in which the Premises for which are located. All alterations made by Tenant, whether or not subject to the approval of Landlord’s consent is required , shall be commenced performed by Tenant until and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the Term, elect to require Tenant has furnished to remove some or all of the alterations which Tenant may have made to the Premises. If Landlord with a satisfactory certificate so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or certificates from an insurance company acceptable within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off Tenant's alteration of the Premises, arising out of and during Tenant shall contract with a contractor approved by Landlord for the making construction of such Alterations. Any Alteration by Tenant hereunder alterations, shall be done in a good secure all appropriate governmental approvals and workmanlike manner permits, and shall complete such alterations with due diligence in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) . Tenant shall furnish to Landlord an estimate of pay all costs for such construction and shall keep the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work Premises free and clear of liens. Tenant further agrees that all contractors engaging in any mechanics' liens which may result from construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesTenant.
Appears in 1 contract
Samples: Media Arts Group Inc
Alterations. Tenant Borrower shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the obtain Lender’s prior written consent of Landlord which consent, as to non-structural or non-systems repairs, which consent shall not be unreasonably withheld, conditioned or delayed, to any alterations to the Improvements that may have a material adverse effect on Borrower’s or Mortgage Borrower’s financial condition, the use, operation or value of any Individual Property, the Collateral, the Mezzanine A Collateral, any Mortgage Principal’s general partner interest in the related Mortgage Borrower Entity, any Mezzanine A Principal’s general partner interest in the related Mezzanine A Borrower Entity or the net operating income of any Individual Property or the Collateral (an “Alteration”), other than (a) tenant improvement work performed pursuant to the terms of any Lease executed on or before the date hereof, or of any Lease executed subsequent to the date hereof if Lender shall have approved (or shall be deemed to have approved) such Lease pursuant to Section 5.1.17 hereof, (b) tenant improvement work performed pursuant to the terms and conditions of a Lease and not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or (except in the case of customary tenant signage) the exterior of any building constituting a part of any Improvements, (c) alterations performed in connection with the restoration of an Individual Property after the occurrence of a casualty in accordance with the terms and conditions of this Agreement and the Mortgage Loan Agreement or (d) the capital improvements identified in Schedule 5.1.20 annexed hereto. Any approval by Lender of the plans, specifications or working drawings for Alterations of any Individual Property shall not create responsibility or liability on behalf of Lender for their completeness, design, sufficiency or their compliance with Applicable Laws. Lender may condition any such approval upon receipt of a certificate of compliance with Applicable Laws from an independent architect, engineer, or other person reasonably acceptable to Lender. If the total unpaid amounts due and payable with respect to an Alteration to the Improvements of any Individual Property (other than such amounts to be paid or reimbursed by tenants under the Leases or Alterations not requiring approval under clauses (a) through (d) above) shall at any time exceed an amount equal to the lesser of (x) five percent (5%) of the Allocated Loan Amount for such Individual Property and (y) $2,500,000 (the “Threshold Amount”; and any such Alteration a “Material Alteration”), Borrower shall promptly deliver or cause to be delivered to Lender, (i) as security for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents, any of the following: (1) cash, (2) U.S. Obligations, (3) other securities having a rating reasonably acceptable to Lender or, if a Securitization has occurred, the applicable Rating Agencies have confirmed in writing that such securities delivered will not, in and of themselves, result in a downgrade, withdrawal or qualification of the initial, or if higher, the then current ratings assigned in connection with such Securitization, (4) a completion bond and performance bond or (5) a Letter of Credit (the security described in clauses (1) through (5) above being sometimes referred to hereinafter, collectively, as the “Material Alteration Security”), and (ii) if a Securitization has occurred, written confirmation from the applicable Rating Agencies that any such Material Alteration shall not result in the downgrade, withdrawal or qualification of the initial, or, if higher, the current ratings assigned to the Securities in connection with a Securitization. The Material Alteration Security shall be in an amount equal to the excess of (x) the total unpaid amounts with respect to Material Alterations to the Improvements (other than such amounts to be paid or reimbursed by Tenants under Leases or to be paid from Reserve Funds or Alterations not requiring approval under clauses (a) through (d) above) over (y) the Threshold Amount. Upon Borrower’s request therefor, Lender shall disburse any Material Alteration Security that is cash to Borrower to pay for Material Alterations or permit Borrower to partially reduce any non-cash Material Alteration Security for work completed and paid for with respect to Material Alterations from time to time, subject to the same conditions to the release and disbursement of Required Repair Funds. Provided that no Event of Default then exists, upon completion of the Material Alteration, as determined by Lender in its reasonable discretion, Lender shall cancel the Material Alteration Security or disburse or return to Borrower the Material Alteration Security, as applicable. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentBorrower shall be relieved of its obligation to deposit the security for certain alterations described above if either (A) Mortgage Borrower is required to and does deliver such security to Mortgage Lender in accordance with the Mortgage Loan Documents or (B) Mezzanine A Borrower is required to and does deliver such security to Mezzanine A Lender in accordance with the Mezzanine A Loan Documents, provided and in any such case Lender has received evidence reasonably acceptable to Lender of the total cost delivery of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisessecurity.
Appears in 1 contract
Samples: Mezzanine B Loan Agreement (Archstone Smith Operating Trust)
Alterations. Tenant shall will not at any time during the Term of this Lease make or permit anyone to make any openings alterations, decorations, additions, or improvements, structural or otherwise, in or to the roof demised premises or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “"Alterations”") or any portion thereof without, in each instance, without the prior written consent of Landlord which consentLandlord; provided, as to non-structural or non-systems repairshowever, that Landlord's consent shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make required for non-structural Alterations which cost less than $25,000 to perform. All Alterations permitted by Landlord must conform to all rules, regulations, and requirements of the federal, state, and municipal governments, and conform harmoniously with the Building's design and interior decoration. Tenant shall and does hereby indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, or damages to person or property which may or might arise by reason of the making of any Alterations. If any Alteration is made without obtaining Landlord’s the prior written consentconsent of Landlord, provided Landlord may correct or remove the total same, and Tenant shall be liable for any and all expenses incurred by Landlord in the performance of this work. All Alterations made by either party shall, at Landlord's election, immediately become the property of Landlord and shall remain upon and be surrendered with the demised premises as a part thereof at the end of the term hereof without disturbance, molestation, or injury. Should Landlord elect that any Alterations installed by Tenant be removed upon the expiration or termination of this Lease, Tenant shall remove the same at Tenant's sole cost and expense and if Tenant fails to remove the same, Landlord may remove the same at Tenant's expense and Tenant shall reimburse Landlord for the cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence removal together with any and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for all damages which Landlord’s consent is required shall be commenced Landlord may sustain by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making reason of such Alterations. Any Alteration default by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises.
Appears in 1 contract
Samples: Office Lease (Radio One Inc)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make suffer to be made any alteration, addition or improvement to or of the Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, (collectively referred to herein as "alterations") without (i) the prior written consent of Landlord which consentLandlord, as to non-structural (ii) a valid building permit issued by the appropriate governmental authority and (iii) otherwise complying with all applicable laws, regulations and requirements of governmental agencies having jurisdiction and with the rules, regulations and requirements of any board of fire underwriters or non-systems repairs, shall not be unreasonably withheldsimilar body. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) alterations costing in the aggregate per calendar yearless than $10,000 in any one year of the term without the prior written consent of Landlord, provided that Tenant promptly informs Landlord in writing of the nature of the alterations, the cost thereof and the contractor engaged or proposed to be engaged to perform such work, and provided further that all such work complies with clauses (ii) and (iii) above. No Alteration Landlord's consent to any requested alteration shall not create on the part of Landlord or cause Landlord to incur any responsibility or liability for such alteration's compliance with all laws, rules and regulations of federal, state, county, municipal and other governmental authorities. Any alteration made by Tenant (excluding moveable furniture and trade fixtures not attached to the Premises) shall at once become a part of the Premises and belong to Landlord. Without limiting the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels), air conditioning, partitioning, drapery and carpet installations made by Tenant, regardless of how attached to the Premises, together with all other alterations that have become an integral part of the Project in which the Premises are a part, shall be and become part of the Premises and belong to Landlord upon installation and shall not be deemed trade fixtures and, subject to Landlord's right to require removal and restoration as specified herein, shall remain upon and be surrendered with the Premises at the termination of the lease. If Landlord consents to the making of any alteration by Tenant, the same shall be made by Tenant at its sole risk, cost and expense and only after Landlord's written approval of any contractor or person selected by Tenant for that purpose, and the same shall be made at such time and in such manner as Landlord may from time to time designate. Tenant shall, if required by Landlord, secure at Tenant's cost a completion and lien indemnity bond for such work. Upon the expiration or sooner termination of the term, Landlord may, at its sole option, require Tenant, at Tenant's sole cost and expense, to promptly remove any such alteration made by Tenant and designated by Landlord to be removed, repair any damage to the Premises caused by such removal and restore the Premises to their condition prior to Tenant's alteration, normal wear and tear excepted. Any moveable furniture and equipment or trade fixtures remaining on the Premises at the expiration or other termination of the term shall become the property of the Landlord; provided, however, in addition to all other remedies available to Landlord at law or in equity, Landlord may (i) require Tenant to remove same or (ii) remove same at Tenant's cost, and Tenant shall be liable to Landlord for which Landlord’s consent all damages incurred by Landlord related thereto. If during the term any alteration, addition or change of the Premises is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate law, regulation, ordinance or certificates from an insurance company acceptable order of any public authority, due to LandlordTenant's particular use, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person occupancy or property, on or off alteration of the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will shall promptly make all Alterations on the same. If during the term any alteration, addition or change to the Premises which may be necessary is not due to Tenant's particular use, occupancy or alteration of the Premises, to the Common Area, or to the Project in which the Premises is located is required by the act law, regulation, ordinance or neglect order of any other person or corporation (public or private)quasi-public authority, except and it is impractical in Landlord's judgment for Landlordthe affected tenants to individually make such alteration, its agentsaddition or change, employees Landlord shall make such alteration, addition or contractors. Before commencing any Alterations (a) plans change and specifications therefor, prepared by a licensed architect, the cost thereof shall be submitted to a common area charge and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish pay its percentage share of such cost to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond as provided in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesparagraph 16.
Appears in 1 contract
Samples: Lease (Exodus Communications Inc)
Alterations. (a) Tenant shall not at any time during make no changes in or to the Term Demised Premises which are of this Lease make any openings in a structural nature or which affect the roof or exterior walls of the Building without Landlord’s prior written consent, which consent may be granted or make any alteration, addition or improvement withheld in its sole discretion. Notwithstanding anything contained herein to the Premises contrary (but subject to the requirements set forth in Paragraph 3 of the printed form portion of this lease), Tenant may, upon prior written notice to, but without requiring the consent of, Landlord, perform non-structural and interior Alteration(s) (as hereinafter defined). Further supplementing Paragraph 3 of the printed form portion of this lease, with respect to any and all alterations, installations, additions and improvements (each, an “Alteration” and collectively, “Alterations”) permitted by Landlord to be performed by or on behalf of Tenant in the Demised Premises (including, without limitation, those non-structural, interior Alterations which do not require Landlord’s prior consent), Tenant will deliver to Landlord certificates evidencing Worker’s Compensation Insurance and Contractor’s General Liability Insurance in the amount reasonably satisfactory to Landlord (but in no event less than the amounts set forth in paragraph 59 herein) prior to the commencement of such work. Any and all Alterations and any portion thereof withoutand all structures or fixtures, except those fixtures described on Exhibit “B” annexed hereto and made a part hereof and/or movable trade fixtures not attached to the realty, installed by or on behalf of Tenant shall be deemed attached to the freehold and automatically become the property of Landlord upon installation, unless Landlord shall elect, in each instancewriting, the prior otherwise (such written notice to be delivered to Tenant with Landlord’s consent of the Alteration(s), if consent is required, or within fifteen (15) days after Tenant’s written notice to Landlord which consentof the Alteration(s), if no consent is required). If Landlord elects to have Tenant remove same at the expiration of the term of this lease, Tenant shall, prior to the expiration or sooner termination of the term of this lease, perform such removal and repair, at its own cost and expense, any damage to the Demised Premises caused by said removal. In no event shall Tenant be required to remove any structures or fixtures installed as to non-structural or non-systems repairs, shall not be unreasonably withheldpart of the Initial Interior Work. Notwithstanding the preceding sentenceforegoing removal requirements, Landlord may, at its option, in lieu of requiring Tenant may make non-structural Alterations without obtaining Landlord’s prior written consentto perform such removal and restoration, provided invoice Tenant for the total good faith estimated cost for performing such work and Tenant shall pay such invoice, as additional rent, within thirty (30) days of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar yearinvoice. No Alteration With respect to the Premises any mechanic’s lien for which Landlord’s consent Tenant is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate responsible for removing or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant bonding hereunder, Tenant shall furnish reimburse Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost for all costs and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required expenses incurred by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction in connection therewith (including, without limitation: (a) contractor, reasonable attorneys fees and disbursements of Landlord and any sums payable to Landlord’s and owners protection; (b) blanket contractual liability coverage; (c) broad lender in connection therewith). Supplementing Paragraph 30 of the printed form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior portion of this lease, in the event Tenant makes any installations, changes, modifications or alterations to the commencement of any construction activitysprinkler systems and/or sprinkler equipment serving the Demised Premises, certificates of such insurance coverages same shall be provided subject to Landlord. Before commencing any Alteration’s supervisory fee of 5% of the cost thereof which shall be payable, Tenant shall provide as additional rent, to Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premises(or, at Landlord’s request, to Landlord’s construction affiliate).
Appears in 1 contract
Alterations. Tenant shall be allowed to make reasonable alterations to the Property provided any such alterations are in accordance with all applicable building codes, are approved by Landlord IN WRITING and IN ADVANCE, which approval shall not unreasonably be withheld or delayed. All additions, or improvements affixed to the building by Tenant including carpeting, tile or other floor covering, wall covering, ceiling tile, etc. made with or without Landlord's written consent shall become part of the Property, and the property of Landlord upon installation or shall be removed by Tenant at the expiration or earlier termination of the Lease, at Landlord's election made by Landlord in writing to Tenant within five (5) days of the time any such additions or alterations shall have been approved by Landlord in accordance with this Section 11, or, if such additions or alterations are of a type that do not require Landlord's prior written approval, as provided below, then within five (5) days of written notice to Landlord that Tenant will undertake such additions or alterations, provided that if Landlord shall have failed to make such election, Tenant shall have the right either to remove any such additions or alterations at the end of the Term and, at Tenant's expense, make any restoration or repair required as a consequence of such removal, or to abandon any such additions or improvements, whereupon they shall remain as part of the Property. Trade fixtures and office furniture shall be installed so as to be readily removable without injury to the Property or any injury caused by said removal shall be repaired immediately at Tenant's expense. Said trade fixtures shall be removed from the Property before the end of this Lease or shall be deemed abandoned by Tenant. Tenant shall not at install or maintain any time equipment, partitions, furniture, etc. which the weight or the operation of which would tend to injure or be detrimental to the Property. Notwithstanding the foregoing, Landlord's consent shall not be required with respect to alterations that (a) cost less than $50,000.00 on a per-project basis (which $50,000.00 amount shall be deemed to increase annually during the Term of this Lease make any openings in based upon CPI), (b) do not affect the roof building's systems, structural components, or exterior walls (other than to a de minimus extent), and (c) do not adversely affect the market value or utility of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheldProperty. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining All 10 <PAGE> other alterations require Landlord’s 's prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar yearwhich shall not unreasonably be withheld or delayed. No Alteration to the Premises for which Landlord’s consent is required In any event, all alterations by Tenant shall be commenced by Tenant until Tenant has furnished Landlord performed with a satisfactory certificate or certificates from an insurance company acceptable to Landlorddue diligence, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner consistent with industry standards in the Charleston, South Carolina area for design and construction of first-class office buildings, in compliance with all laws (including any applicable governmental lawXxxxxx Island restrictions), statute, ordinance or regulationand shall be promptly paid for by Tenant. Upon completion of any Alteration All alterations requiring Landlord's approval hereunder shall be made by Tenant hereunder, Tenant shall furnish Landlord with under the supervision of an engineer or architect and by a copy of the “as built” plans covering such construction. Tenant, at its sole cost general contractor and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) pursuant to plans and specifications therefor, prepared by a licensed architect, shall be submitted to and reasonably approved by Landlord. Notwithstanding anything in this Section 11, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) in all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, events Tenant shall provide Landlord with written notice of its intention or desire to make additions or alterations to the Property, such notice to set out in reasonably specific detail the nature and extent of such additions or improvements. In all events, upon request from Landlord, Tenant shall promptly provide to Landlord a written certification that the Alteration does not have copy of Tenant's construction plans, specifications, and budget for any adverse environmental impact on the premisesproposed additions or alterations. 12.
Appears in 1 contract
Samples: Lease Agreement
Alterations. Subject to the provisions of this Article 6, Tenant shall not at any time during the Term of this Lease have no right to make any openings in the roof changes, alterations or exterior walls of the Building or make any alteration, addition or improvement to the Premises additions (collectively, “Alterations”) to the Improvements at any single Demised Property that involve structural changes or any portion thereof withoutthat cost in the aggregate in excess of US$50,000.00 per Demised Property, which amount shall be adjusted annually in proportion to increases in the CPI, in each instance, the case without prior written consent of Landlord, which Landlord which consentagrees it will not withhold unreasonably; provided, however, in no event shall any Alterations be made that, after completion, would: (i) reduce the value of the Improvements as they existed prior to non-the time that said Alterations are made; or (ii) adversely affect the structural or non-systems repairsintegrity of the Improvements; provided further, that Landlord shall not be unreasonably withheldwithhold its consent (1) to any Alterations (“Required Alterations”) that (x) have been approved by all applicable Governmental Authorities, (y) are required by the franchisor of the applicable Permitted Restaurant Brand, and (z) otherwise comply with subsections (i) and (ii) above, and (2) provided that no Default has occurred and is continuing. Notwithstanding the preceding sentenceTenant shall not install any underground storage tanks and any above ground storage tanks shall include secondary containment sufficient to prevent spills, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration overfills or tank ruptures from causing a release to the Premises for which Landlord’s consent is required environment. Any and all Alterations made by Tenant shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmenat Tenant’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activityconstruction, certificates of such insurance coverages including Alterations that cost less than US$50,000.00 per Demised Property, which amount shall be provided adjusted annually in proportion to Landlord. Before commencing any Alterationincreases in the CPI (but excluding Minor Projects), Tenant shall deliver promptly to Landlord detailed cost estimates for any such proposed Alterations, as well as all drawings, plans and other information regarding such Alterations (such estimates, drawings, plans and other information are collectively referred to herein as the “Alteration Information”). Notwithstanding the foregoing, in no event shall Tenant have an obligation to provide any Alteration Information to Landlord for its review and approval as to Required Alterations. Landlord’s review and/or approval (if required) of any Alteration Information shall in no event constitute any representation or warranty of Landlord regarding (x) the compliance of any Alteration Information with a written certification that any applicable Law, (y) the presence or absence of any defects in any Alteration Information, or (z) the safety or quality of any of the Alterations constructed in accordance with any plans or other Alteration Information. Landlord’s review and/or approval of any of the Alteration does Information shall not have preclude recovery by Landlord against Tenant based upon the Alterations, the Alteration Information, or any adverse environmental impact on defects therein. In making any and all Alterations, Tenant also shall comply with all of the premises.following conditions:
Appears in 1 contract
Samples: Disturbance and Attornment Agreement (Morgans Foods Inc)
Alterations. Tenant Subject to obtaining all applicable governmental permits and approvals, and the consents of Master Sublandlord and Master Landlord, Subtenant shall not have the right, at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alterationSubtenant's sole cost and expense, addition or improvement to upgrade to the Premises primary building lobby and an upgrade the first floor "break area" by constructing a kitchen according to the preliminary plans attached hereto as Exhibit F (collectivelythe "Initial Alterations"). Prior to beginning the Initial Alterations, “Alterations”) or any portion thereof withoutSubtenant shall submit detailed, in each instance, the prior written consent final plans to Sublandlord for Sublandlord's review and approval. Sublandlord's approval of Landlord which consent, as to non-structural or non-systems repairs, such plans shall not be unreasonably withheld, and if Sublandlord consents thereto, Sublandlord shall use reasonable efforts to obtain the consent of Master Sublandlord and Master Landlord. If the Initial Alterations by Subtenant are permitted or consented to as aforesaid, Subtenant shall comply with all of the covenants of Sublandlord contained in the Master Sublease pertaining to the performance of such alterations. In addition, Subtenant shall indemnify, defend and hold harmless Sublandlord against liability, loss, cost, damage, liens and expense imposed on Sublandlord arising out of the performance of Alterations by Subtenant. Notwithstanding the preceding sentenceforegoing, Tenant may Subtenant shall not make non-structural Alterations any alterations in or additions to the Sublease Premises if to do so would constitute a default under the Master Sublease or the Master Lease. Subtenant shall make no other alterations or improvements to the Sublease Premises ("Alterations") without obtaining Landlord’s the prior written consent, provided the total cost approval of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by LandlordSublandlord, which approval shall not be unreasonably withheld withheld, conditioned or delayed; delayed (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to delivered or withheld within fifteen (15) days after request therefor), and approved by Landlord, which the approval shall not be unreasonably withheld or delayed; of Master Landlord and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesMaster Sublandlord.
Appears in 1 contract
Samples: Sub Sublease Agreement (Remedy Corp)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings no structural changes in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Demised Premises (collectivelyof any nature without Landlord's prior written consent provided, “Alterations”) or any portion thereof withouthowever, in each instance, that Tenant shall be permitted without the prior written consent of Landlord which consentto make non-structural alterations to the Demised Premises, the cost of which, individually, do not exceed, $25,000.00 and which, when taken in any one-year period, do not exceed $75,000.00 in the aggregate, provided that such alterations do not adversely affect the exterior or interior of the Building, the Certificate of Occupancy of the Building, or the structure or working systems of the Building or adversely affect other Building tenants. Furthermore, as to any non-structural alterations which exceed the initial amounts or any adjusted amounts, Tenant shall not perform such non-systems repairsstructural alterations without the prior written consent of the Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. It is understood by the parties that Landlord shall be deemed to approve any request for consent by Tenant under this Article 3 if Landlord fails to give Tenant written notice approving, denying or requesting additional information within twenty (20) days from the date Tenant has submitted plans to Landlord. Notwithstanding the preceding sentenceforegoing, Tenant may, at its sole cost, install floor coverings, objects of art, wall and ceiling coverings, paneling, building standard window blinds and trims regardless of cost without Landlord's consent. Also notwithstanding Article 3, Tenant shall have no obligation to remove from the Demises Premises any fixtures, paneling, partitions, railings or like installations, solely to the extent installed by Landlord. With regards to Tenant's initial work, the plans and specifications in respect of which shall be responded to in writing by Landlord within ten (10) business days after Tenant submits a request for approval of the same to Landlord. If Landlord shall not respond to Tenant's requested approval of its plans and specifications within such ten (10) business day period, then Landlord shall be deemed to have approved such plans and specifications. Notwithstanding the foregoing, Tenant must use Landlord's base building contractor for any electrical work in and to or from any base building electrical service rooms, provided Landlord's contractor provides its service at competitive market rates and quality. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Landlord hereby agrees, at no cost and expense to it, to cooperate reasonably with Tenant and agrees to execute all documents necessary for the procuring of any governmental consents, permits, etc. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Landlord may reasonably require. If any mechanic's lien is filed against the Demised Premises or the Building for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Article, the same shall be discharged by Tenant within thirty (30) days after Tenant receives written notice of the filing thereof at Tenant's expense, by either payment, the posting of a statutory bond required by law or otherwise (e.g., by summary judgment for a facial irregularity). Notwithstanding the foregoing, Tenant may make remove any of the fixtures and equipment delineated on Exhibit E provided it repairs any damage occasioned by said removal. The foregoing notwithstanding Landlord reserves the right at any time sixty (60) days prior to the Expiration Date to require Tenant to remove any non-structural Alterations without obtaining Landlord’s prior written consentBuilding Standard installations. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant's removal of any fixtures, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence office furniture, equipment and less than Fifty Thousand Dollars ($50,000.00) like installations, installed in the aggregate per calendar year. No Alteration Demised Premises from time to the Premises for which Landlord’s consent is required shall be commenced time by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to LandlordTenant, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion but upon removal of any Alteration by Tenant such furniture, fixtures and equipment from the Demised Premises or upon removal of other installations as may be permitted hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, immediately and at its sole cost and expense, will make all Alterations on repair and restore the Demised Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of condition existing prior to the installation, ordinary wear and tear, obsolescence and damage by casualty, pursuant to Article 9, excepted, and repair any construction activity, certificates of damage to the Demised Premises or the Building due to such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesremoval.
Appears in 1 contract
Samples: Office Lease (Intira Corp)
Alterations. Tenant Borrower shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, the obtain Lexxxx’s prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with alterations to any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by LandlordImprovements, which approval consent shall not be unreasonably withheld or delayed; . Notwithstanding the foregoing, Lender’s consent shall not be required in connection with any alterations that will not have a material adverse effect on Borrower’s financial condition, Borrower’s ability to perform its obligations under the Loan Documents or the value of any Individual Property, provided that such alterations are made in connection with (a) tenant improvement work performed pursuant to the terms of any Lease executed on or before the date hereof (or, after the date hereof, which are approved or deemed approved or which do not require Lender approval hereunder), (b) tenant improvement work performed pursuant to the terms and provisions of a Lease and not materially and adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements (unless the Tenant shall furnish is obligated to Landlord an estimate maintain or repair any structural components of any Improvements pursuant to its Lease), (c) alterations performed in connection with the Restoration of any Individual Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Agreement, (d) alterations required to comply with Legal Requirements or the terms of the Loan Documents or (e) alterations that are reasonably expected to cost less than the Threshold Amount, in the aggregate (provided that, for the avoidance of doubt, the cost of the proposed work, certified by the architect who prepared such plans purchasing and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval installing equipment shall not be unreasonably withheld included in the calculation of such aggregate cost). If the total unpaid amounts due and payable with respect to alterations to the Improvements with respect to an Individual Property or delayed; and any portion thereof (dother than such amounts to be paid or reimbursed by Tenants under the Leases or paid with insurance or condemnation proceeds or reserves established pursuant to the Loan Documents) Tenant shall either furnish at any time exceed the Threshold Amount, Borrower shall promptly deliver to Landlord a bond in form and substance satisfactory to Landlord, or such other Lender as security reasonably satisfactory to Landlord to insure payment for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents any of the following: (A) cash, (B) U.S. Obligations, (C) other securities having a rating reasonably acceptable to Lender and that, at Lender’s option (if a Securitization has occurred), the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the initial, or, if higher, then current ratings assigned to any Securities or any class thereof in connection with any Securitization or (D) a completion and performance bond or an irrevocable Letter of all work free Credit (payable on sight draft only) issued by a financial institution having a rating by S&P of not less than “A-1+” if the term of such bond or Letter of Credit is no longer than three (3) months or, if such term is in excess of three (3) months, issued by a financial institution having a rating that is reasonably acceptable to Lender and clear that, at Lender’s option (if a Securitization has occurred), the applicable Rating Agencies have confirmed in writing will not, in and of liensitself, result in a downgrade, withdrawal or qualification of the initial, or, if higher, then current ratings assigned to any Securities or class thereof in connection with any Securitization. Tenant further agrees that all contractors engaging Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements on the Property (or any construction activity portion thereof) (other than such amounts to be paid or reimbursed by Tenants under the Leases) over the Threshold Amount and Lender may apply such security from time to time at the option of Lender to pay for such alterations. Lender shall return such security to Borrower when the remaining cost for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to applicable alteration triggering the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that security is reduced below the Alteration does not have any adverse environmental impact on the premisesThreshold.
Appears in 1 contract
Alterations. Tenant shall not at any time during the Term of this Lease agrees that it will make any openings in the roof no alterations, additions or exterior walls of the Building or make any alteration, addition or improvement improvements to the Premises (collectively, “Alterations”) or any portion thereof without, in each instance, without the prior written consent of the Landlord and that all alterations, additions or improvements made by or for the Tenant, including, without limitation, any and all subdividing partitions, walls or railings of whatever type, material or height, excepting movable office furniture installed at the expense of Tenant, shall, when made, become the property of the Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the end of the Lease term, unless Landlord shall notify Tenant to remove same, in which consentlatter event Tenant shall comply to the end that the Premises shall be restored to the same condition in which they were found prior to the Commencement Date, as to non-structural or non-systems repairs, normal wear and tear excepted. Tenant shall not be unreasonably withheld. Notwithstanding core drill or in any other manner attempt to penetrate or penetrate the preceding sentence, Tenant may make non-structural Alterations floors of the Buildings without obtaining permission of Landlord’s prior written consent, provided . In the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration event that Tenant constructs any improvements to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out then those improvements must be constructed (a) using, at least, finishes which are standard to the Buildings and according to plans and specifications and using only contractors and subcontractors approved by Landlord in advance, and (b) in compliance with all applicable laws, ordinances, rules, building codes, and regulations of Federal, State, municipal and during county authorities, including without limitation, the making procurement of such Alterations. Any Alteration by Tenant hereunder shall be done a building permit, and (c) in a diligent, good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulationmanner. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with obtain a copy of the “Builders' Risk Insurance Policy in such amount as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved is reasonably requested by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases that it will not be canceled without giving Landlord at least 15 days prior written notice thereof. Any mechanical or electrical work and any penetration of construction including, without limitation: (a) contractor’s floors must be performed by Landlord's contractors and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coveragesubcontractors. Prior to the commencement Upon completion of any such construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationby Tenant, Tenant shall provide must furnish Landlord with a written certification that complete set of as-built plans and specifications for the Alteration does same. Tenant will not have permit and will indemnify Landlord and hold it harmless from any adverse environmental impact on mechanic's or materialmen's liens against the premisesPremises, in connection with any such improvements.
Appears in 1 contract
Alterations. Tenant shall not at make or suffer to be made any time during alterations, additions, or improvements, including, but not limited to, the Term attachment of this Lease make any openings in the roof fixtures or exterior walls of the Building equipment in, on, or make any alteration, addition or improvement to the Premises (collectively, “Alterations”) or any portion part thereof without, or the making of any improvements in each instance, excess of $5,000.00 non-structural as required by Article 7 without the prior written consent of Landlord Landlord, which consentmay be withheld in Landlord's reasonable discretion. Any alteration, additions or improvements to be done by Tenant as to non-structural part of Tenant's initial occupancy shall be specified in Exhibit B. Any alteration, addition, or non-systems repairsimprovement in, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration on or to the Premises for which Landlord’s consent is required including carpeting, but excepting movable furniture and personal property of Tenant removable without material damage to the properly or the Premises, shall be commenced and remain the property of Tenant during the Term but shall, unless Landlord elects otherwise, become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term and title shall pass to Landlord under this Lease as by a bill of sale. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. In the event landlord consents to the making of any such alteration, addition, or improvement by Tenant, at Xxxxxx's sole cost and expense. All alterations, additions or improvements proposed by Tenant until shall be constructed in accordance with all government laws, ordinances, rules and regulations and Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable shall, prior to construction, provide such assurances to Landlord, evidencing workmen’s compensation coverageincluding but not limited to, waivers of lien, surety company performance bonds and insurance coverage personal guaranties of individuals of substance, as Landlord shall require to assure payment of the costs thereof and to protect landlord against any loss from any mechanics', materialmen's or other liens. Tenant shall pay in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage addition to any person sums due pursuant to Article 4 above any increase in real estate taxes attributable to any such alteration, addition, or propertyimprovement for so long, on or off the Premises, arising out of and during the making of Term, as such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulationincrease is ascertainable. Upon completion the expiration or sooner termination of any Alteration by Tenant hereunderthe Term as herein provided, Tenant shall furnish upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with a copy of the “as built” plans covering such construction. Tenantall due diligence, at its sole cost and expense, will make all Alterations on the repair and restore Premises which may be necessary to their original condition, reasonable wear and tear and loss by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared casualty covered by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesArticle 23 excepted.
Appears in 1 contract
Samples: Infiniti Solutions LTD
Alterations. (a) Tenant shall not at any time during make no alterations, additions or improvements in or to the Term Premises without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord. Tenant agrees that there shall be no construction of this Lease make any openings in the roof partitions or exterior walls other obstruction which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or make any alteration, addition interfere with the moving of Landlord's equipment to or improvement to from the Premises (collectively, “Alterations”) enclosures containing said installations or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheldfacilities. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of All such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder work shall be done at such times and in a good such manner as Landlord may from time to time designate. Tenant covenants and workmanlike manner agrees that all work done by Tenant shall be performed in full compliance with any applicable all laws, rules, orders, ordinances, regulations and requirements of all governmental lawagencies, statuteoffices, ordinance or regulation. Upon completion and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Offices formerly known as the Pacific Fire Rating Bureau, and of any Alteration by Tenant hereundersimilar body. Before commencing any work, Tenant shall furnish give Landlord with a copy at least ten (10) days written notice of the “as built” plans covering proposed commencement of such construction. work and shall, if required by Landlord, secure at Tenant, at its sole 's own cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private)a completion and lien indemnity bond, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of lienssaid work. Tenant further covenants and agrees that all contractors engaging in any construction activity by and mechanic's lien filed against the Premises or against the Building for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liabilitywork claimed to have been done for, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior or materials claimed to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationhave been furnished to, Tenant will be discharged by Tenant, by bond or otherwise, within ten (10) days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall provide remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord with a may, by written certification that notice to Tenant, require Tenant to remove all partitions, counters, railings and the Alteration does not have any adverse environmental impact on the premiseslike installed by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal.
Appears in 1 contract
Samples: Work Letter Agreement (Xacct Technologies 1997 LTD)
Alterations. (a) Landlord shall deliver the Premises to Tenant in its "as-is" condition on the Commencement Date. Tenant acknowledges that Landlord shall have no obligation to alter or refurbish the Premises or to construct any improvements or alterations in the Premises for Tenant's benefit. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make suffer to be made any alteration, addition or improvement to or of the Premises (collectively, “Alterations”) or any portion part thereof without, in each instance, (collectively referred to herein as "alterations") without (i) the prior written consent of Landlord Landlord, which consent, as to non-structural or non-systems repairs, consent shall not be unreasonably withheldwithheld or delayed, (ii) a valid building permit issued by the appropriate governmental authority if required by law, and (iii) otherwise complying with all applicable laws, regulations and requirements of governmental agencies having jurisdiction and with the rules, regulations and requirements of any board of fire underwriters or similar body. Notwithstanding the preceding sentenceforegoing, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration alterations to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate that are nonstructural and do not affect the electrical, mechanical or certificates from an insurance company acceptable to Landlordheating, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenantventilation and/or air conditioning systems, at its Tenant's sole cost and expense, will make in an amount not to exceed Ten Thousand Dollars ($10,000.00) per year, without Landlord's prior written consent, but subject to compliance with all Alterations the other terms and conditions set forth in this Paragraph 8. Landlord's consent to any requested alteration shall not create on the part of Landlord or cause Landlord to incur any responsibility or liability for such alteration's compliance with all laws, rules and regulations of federal, state, county, municipal and other governmental authorities. Any alteration made by Tenant (excluding moveable furniture and trade fixtures not attached to the Premises) shall at once become a part of the Premises which may be necessary by and belong to Landlord. Without limiting the act or neglect of any other person or corporation foregoing, all heating, lighting, electrical (public or privateincluding all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels), except for Landlordair conditioning, its agentspartitioning (other than movable partitions installed by Tenant), employees or contractors. Before commencing any Alterations (a) plans drapery and specifications thereforcarpet installations made by Tenant, prepared by regardless of how attached to the Premises, together with all other alterations that have become an integral part of the Project in which the Premises are a licensed architectpart, shall be submitted and become part of the Premises and belong to Landlord upon installation and approved shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of the lease. If Landlord consents to the making of any alteration by Tenant, the same shall be made by Tenant at its sole risk, cost and expense and only after Landlord's written approval of any contractor or person selected by Tenant for that purpose, which approval shall not be unreasonably withheld or delayed; (b) Tenant delayed and the same shall furnish be made at such time and in such manner as Landlord may reasonably from time to Landlord an estimate of time designate. If the cost of the proposed workany alteration will exceed One Hundred Thousand Dollars ($100,000.00), certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved Tenant shall, if required by Landlord, which approval secure at Tenant's cost a completion and lien indemnity bond for such work. Upon Tenant's written request at the time Landlord consents to any alteration as provided herein, Landlord shall not notify Tenant whether Landlord requires such alteration to be unreasonably withheld or delayed; and (d) removed upon the expiration of the term of this Lease. Unless Landlord has notified Tenant shall either furnish to otherwise at the time Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior consents to the commencement alterations, upon the expiration or sooner termination of the term, Landlord may, at Landlord's sole option, require Tenant, at Tenant's sole cost and expense, to promptly both remove such alterations made by Tenant and repair any construction activitydamage to the Premises caused by such removal, certificates and restore the Premises to the condition that existed prior to such alteration in accordance with all applicable laws, statutes, building codes, and regulations in effect as of the date of such insurance coverages shall be provided to Landlordrestoration. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact Any moveable furniture and equipment or trade fixtures remaining on the premisesPremises at the expiration or other termination of the term shall become the property of the Landlord unless promptly removed by Tenant.
Appears in 1 contract
Samples: Lease (Atmi Inc)
Alterations. Tenant shall not at any time during the Term of this Lease make any openings in the roof or exterior walls of the Building or make any alteration, addition or improvement alterations to the Premises (collectivelyPremises, “Alterations”) or to the Project, including any portion thereof without, in each instance, changes to the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations existing landscaping without obtaining Landlord’s 's prior written consent. If Landlord gives its consent to such alterations Landlord may post notices in accordance with the laws of the state in which the premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, provided except that Landlord may, within 30 days before or 30 days after expiration of the total term, elect to require Tenant to remove any alterations which Tenant may have made to the premises. If Landlord so elects, at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence alterations, shall secure ail appropriate governmental approvals and less than Fifty Thousand Dollars ($50,000.00) permits, and shall complete such alterations with due diligence in compliance, with plans and specifications approved by Landlord. All such construction shall be performed in a manner which will not interfere with the aggregate per calendar yearquiet enjoyment of other tenants of the Project. No Alteration to Tenant shall pay all costs for such construction and shall keep the Premises for and the Project free and clear of all mechanics' Dens which may result from construction by Tenant. If Landlord gives its consent, no such alterations will proceed without Landlord’s consent is required 's prior written approval of Xxxxxx's contractor, which shall be commenced conditioned on proof of insurance by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, Xxxxxx's contractor for public liability and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public automobile liability and property damage insurance with limits not less than $1,000,000/$250,000/$500,000 respectively endorsed to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the “as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of liens. Tenant further agrees that all contractors engaging in any construction activity by and for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liability, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming show Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s for worker's compensation as required and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; detailed and (d) statutory worker’s compensation coverage specifications for such work. Tenant will keep the Premises and employer’s liability coverage. Prior to the commencement Property free from any liens arising out of any construction activitywork performed, certificates materials furnished or obligations incurred by Tenant, its agents or contractors. Xxxxxx agrees that should any lien be posted on the property due to work performed, materials furnished or obligations incurred by it, that it will immediately notify and proceed to remove such lien. Tenant further acknowledges that it will remain liable to Landlord and indemnify it for any costs or damages to Landlord or the property as a result of such insurance coverages shall liens. Xxxxxxxx has the right to post and keep posted in the Premises and/or Property, any notices that may be provided by law or which landlord may deem to be proper for the protection of Landlord. Before commencing any Alteration, Tenant shall provide Landlord with a written certification that the Alteration does not have any adverse environmental impact on the premisesPremises and/or Property from such liens.
Appears in 1 contract
Samples: Integcom Corp
Alterations. (a) Tenant shall not at any time during make no alterations, additions or improvements in or to the Term of this Lease make any openings in the roof Premises without Landlord's prior written consent, and then only by contractors or exterior walls mechanics approved by Landlord. Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or make any alteration, addition interfere with the moving of Landlord's equipment to or improvement to from the Premises (collectively, “Alterations”) enclosures containing said installations or any portion thereof without, in each instance, the prior written consent of Landlord which consent, as to non-structural or non-systems repairs, shall not be unreasonably withheldfacilities. Notwithstanding the preceding sentence, Tenant may make non-structural Alterations without obtaining Landlord’s prior written consent, provided the total cost of All such non-structural Alteration is less than Twenty Thousand Dollars ($20,000.00) per occurrence and less than Fifty Thousand Dollars ($50,000.00) in the aggregate per calendar year. No Alteration to the Premises for which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen’s compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder work shall be done at such times and in a good such manner as Landlord may from time to time designate. Tenant covenants and workmanlike manner agrees that all work done by Tenant shall be performed in full compliance with any applicable all laws, rules, orders, ordinances, regulations and requirements of all governmental lawagencies, statuteoffices, ordinance or regulation. Upon completion and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Insurance Service Offices formerly known as the Pacific Fire Rating Bureau, and of any Alteration by Tenant hereundersimilar body. Before commencing any work, Tenant shall furnish give Landlord with a copy at least ten days written notice of the “as built” plans covering proposed commencement of such construction. work and shall, if required by Landlord, secure at Tenant, at its sole 's own cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private)a completion and lien indemnity bond, except for Landlord, its agents, employees or contractors. Before commencing any Alterations (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and approved by Landlord, which approval shall not be unreasonably withheld or delayed; and (d) Tenant shall either furnish to Landlord a bond in form and substance satisfactory to Landlord, or such other security reasonably satisfactory to Landlord to insure payment for the completion of all work free and clear of lienssaid work. Tenant further covenants and agrees that all contractors engaging in any construction activity by and mechanic's lien filed against the Premises or against the Building for the benefit of Tenant for which Landlord’s consent shall be required shall obtain commercial general liabilitywork claimed to have been done for, worker’s compensation and such other liability insurance in such amounts as may be reasonably required by Landlord naming Landlord as an additional insured and providing liability coverage during all phases of construction including, without limitation: (a) contractor’s and owners protection; (b) blanket contractual liability coverage; (c) broad form property damage insurance; and (d) statutory worker’s compensation coverage and employer’s liability coverage. Prior or materials claimed to the commencement of any construction activity, certificates of such insurance coverages shall be provided to Landlord. Before commencing any Alterationhave been furnished to, Tenant will be discharged by Tenant, by bond or otherwise, within ten days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall provide remain upon, and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord with a may, by written certification that notice to Tenant, require Tenant to remove all partitions, counters, railings and the Alteration does not have any adverse environmental impact on the premiseslike installed by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal.
Appears in 1 contract
