Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 8 contracts
Sources: Triple Net Office Lease Agreement, Triple Net Office Lease Agreement, Triple Net Office Lease Agreement (Franklin Financial Network Inc.)
Leasehold Improvements. a. Following completion of Landlord’s Work (defined in Exhibit C hereto) and Tenant’s acceptance of the Premises from Landlord, subject to the “punch list” items and latent defects identified in accordance with Section 1(b) above, Tenant accepts the Premises same “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASEHOLD IMPROVEMENTS OR TO LANDLORD’S WORK, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant shall be entitled to a Tenant Improvement Allowance (defined and set forth in Exhibit C). Notwithstanding the Tenant Improvement Allowance, Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Except as may be covered by Tenant’s Improvement Allowance, Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 7 contracts
Sources: Triple Net Office Lease Agreement (Franklin Financial Network Inc.), Triple Net Office Lease Agreement (Franklin Financial Network Inc.), Triple Net Office Lease Agreement (Franklin Financial Network Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 5 contracts
Sources: Office Lease Agreement (Idine Rewards Network Inc), Office Lease Agreement (Omnisky Corp), Office Lease Agreement (PLM International Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 4 contracts
Sources: Office Lease Agreement (Ipayment Inc), Office Lease Agreement (Ipayment Inc), Office Lease Agreement (Saflink Corp)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) At its sole cost and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingexpense, Tenant shall have make the right improvements to the Leased Premises detailed on Exhibit C attached hereto. In making such improvements, the Tenant shall submit plans for such improvements to the Landlord for approval, which approval shall not be unreasonably withheld or delayed. The Tenant shall use a contractor to make interiorsuch improvements using a contractor approved by the Landlord, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do which approval shall not (i) affect the structure be unreasonably withheld or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesdelayed. Tenant shall make or cause to be responsible for made such improvements promptly, in a good workmanlike manner, in compliance with all applicable permits and authorizations and building and zoning laws and all laws, in accordance with the cost orders, rules and regulations of the Board of Fire Insurance Underwriters and any other body hereafter exercising similar functions having or asserting jurisdiction over the Leased Premises, and according to the plans approved by Landlord. All such alterations improvements shall become the property of Landlord at the expiration or signs. Tenant termination of the Lease Term and shall have be surrendered with the right to install its trade fixtures and equipment in, upon and about the Leased Premises; provided, however, that Landlord may condition its consent to any such improvements to a condition requiring Tenant shall to remove the same on or before any such improvements upon the expiration of this Lease, and if so requested by Landlord, promptly after any or termination of this Lease; the Lease Term and providedrestoring the Leased Premises to the condition which existed on the date Tenant took possession, further, subject to normal wear and tear and casualty and condemnation. In the event that Tenant shall promptly thereafter repair all damage caused desires to cause such improvements to be made prior to the Commencement Date and provided the Leased Premises by reason of is not otherwise occupied, Tenant is hereby granted a license to enter into the Leased Premises for such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit)purpose, losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant subject to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term obligations of this LeaseTenant under Section 6.3 hereof.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 3 contracts
Sources: Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc)
Leasehold Improvements. a. The facilities, materials and work to be furnished, installed and performed in the Premises by Landlord, at its expense, are hereinafter referred to as “Landlord’s Work”. Landlord shall utilize Building standard materials. In all other respects Tenant accepts the premises in their “as is” condition. Such other facilities, materials and work which may be undertaken by or for the account and at the expense of Tenant to equip, decorate and furnish the Premises for Tenant’s occupancy are hereinafter referred to as “AS IS” without any agreementsTenant’s Work”. Landlord’s approval of the plans, representations, understandings specification and working drawings for Tenant’s work shall create no responsibility or obligations liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Recognizing that the building is large and the needs of the tenants as to perform any alterationsspace may vary from time to time, repairs or improvements except as and in order for the Landlord to accommodate Tenant and prospective tenants, Landlord expressly set forth reserves the right, prior to and during the Term, at the Landlord’s sole expense, to move Tenant from the Premises and relocate Tenant in this Leaseother space of the Landlord’s choosing of approximately the same dimensions and size within the Building. ADDITIONALLYDuring a relocation period, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Landlord will use reasonable efforts not to unduly interfere with the Tenant’s business activities and to substantially complete the relocation within a reasonable time under all then-existing circumstances. Landlord’s obligation for the expenses of relocation will be the actual cost of relocating Tenant and Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent exercise of its election to samerelocate Tenant will not release Tenant in whole or in part from its obligations hereunder for the full Term. Notwithstanding the foregoingNo rights granted in this Lease to Tenant, Tenant shall have including the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure of quiet enjoyment will be deemed breached or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises interfered with by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameexercise of relocation right reserved herein.
Appears in 3 contracts
Sources: Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except Except for Minor Work (as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoinghereinafter defined), Tenant shall have not construct any Leasehold Improvements or otherwise alter the right to make interior, non-structural alterations to the Leased Premises without Landlord’s consentprior approval, so long and not until Landlord shall have first approved the plans and specifications therefor, which approvals shall not be unreasonably withheld. All such Leasehold Improvements and alterations (including Minor Work) shall be constructed and installed by Tenant at Tenant’s expense, using a licensed contractor first approved by Landlord (except such approval shall not be required for Minor Work), in substantial compliance with the approved plans and specifications therefor (if such plans and specifications are required hereunder) and in strict accordance with all Laws and Private Restrictions. All such construction and installation shall be done in a good and workmanlike manner using new materials (or such other materials as such Landlord shall expressly permit in writing) of good quality. Tenant shall not commence construction of any Leasehold Improvements or alterations do not until (i) affect the structure or electricalall required governmental approvals and permits shall have been obtained, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant all requirements regarding insurance imposed by this Lease shall be responsible for the cost of such alterations or signs. have been satisfied, and (iii) Tenant shall have given Landlord at least five (5) days’ prior written notice of its intention to commence such construction. The term “Minor Work,” as used herein, shall mean any construction or Leasehold Improvements or alteration of the right Leased Premises not involving any structural change or change in the character of the improvements, and involving a cost of less than one hundred thousand dollars ($100,000), provided that, for purposes of determining such cost, multiple construction or alteration projects shall be aggregated to install its trade fixtures the extent they are related to each other, whether undertaken simultaneously or sequentially. Landlord shall respond to Tenant’s requests for approval under this Paragraph 5.1 promptly (and equipment inimmediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request. All Leasehold Improvements shall remain the property of Tenant during the Lease Term but shall not be damaged, upon altered or removed from the Leased Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be surrendered to Landlord as a part of the realty and about shall then become Landlord’s property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the Premisesvalue or cost thereof; provided, however, that if Landlord shall require Tenant to remove any Leasehold Improvements in accordance with the provisions of Paragraph 15.1, then Tenant shall so remove the same on or before such Leasehold Improvements prior to the expiration of this Lease, and if so requested by Landlord, promptly after any or sooner termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalLease Term.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 3 contracts
Sources: Industrial Real Property Lease (Thermadyne Australia Pty Ltd.), Industrial Real Property Lease (Thermadyne Australia Pty Ltd.), Industrial Real Property Lease (Thermadyne Australia Pty Ltd.)
Leasehold Improvements. a. Tenant accepts Lessor shall complete the leasehold improvements to the Additional Demised Premises “AS IS” without as set forth in Exhibit "B", Work Letter, attached hereto and made a part hereof (the "Leasehold Improvements"). Lessor is under no obligation to make any agreements, representations, understandings structural or obligations on the part of Landlord to perform any other alterations, repairs decorations, additions, or improvements in or to Additional Demised Premises except as expressly set forth in this Exhibit "B". By taking possession of the Additional Demised Premises, it shall be conclusive evidence that Lessee has inspected the Additional Demised Premises (and has sufficient knowledge and expertise to make such inspection or has caused the Additional Demised Premises to be inspected on its behalf by one or more persons with such knowledge and expertise), that Lessee has accepted the Additional Demised Premises as being in good and satisfactory condition, suitable for the purposes herein intended and that the same comply fully with Lessor's covenants and obligations under the Lease with respect to the construction of Leasehold Improvements, except for any punch list items agreed to in writing by Lessor and Lessee. Lessee acknowledges and agrees that Lessor has made no representation or warranty, express or implied, as to the habitability, suitability, quality, condition or fitness of the Additional Demised Premises and Lessee waives, to the extent permitted by applicable law, any patent defects in the Additional Demised Premises and any claims arising therefrom, save and except those arising from any construction or repair obligations of Lessor expressly provided for in the Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions Notwithstanding anything contained in the immediately preceding two paragraphs to the contrary, Lessor shall provide a one time additional lessee improvement allowance of up to Ten Thousand and 00/100 Dollars ($10,000.00) for the completion of leasehold improvements within the Original Demised Premises nor post or attach or affix to (the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same"Additional Lessee Improvement Allowance"). Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant Lessor's Additional Lessee Improvement Allowance shall be responsible for the cost of such alterations or signsavailable to Lessee through and including December 31, 2002. Tenant Lessor shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise pay Lessee within thirty (30) days after notice upon Lessor's receipt of Lessee's paid invoices, lien waivers, and other documentation reasonably required by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameLessor.
Appears in 2 contracts
Sources: Lease Amendment (SBS Technologies Inc), Lease (SBS Technologies Inc)
Leasehold Improvements. a. Tenant accepts shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises “AS IS” without Landlord's prior approval if such action results in the removal or alteration of any agreementsmaterial portion of existing Improvements (including wall and floor coverings, representationsceilings, understandings lighting fixtures or obligations on other utility installations) and (a) the part cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to perform any alterations, repairs the Premises which could significantly affect the structural integrity or improvements except as expressly set forth the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises reconfigure demountable walls and partitions without Landlord’s 's prior written consent, so long as . All such alterations do approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) affect the structure or electricalall required governmental approvals and permits shall have been obtained, plumbing, or mechanical systems of the Premises; or (ii) decrease the value all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the Premises. commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be responsible made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the cost Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of such alterations or signsTenant during the Lease Term. Tenant shall have the right to install its trade fixtures remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and equipment inreturns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, upon all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and about shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the Premisesvalue or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the same on provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or before (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration of this Lease, and if so requested by Landlord, promptly after any or earlier termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalLease Term.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Sources: Lease (Objective Systems Integrators Inc), Lease (Objective Systems Integrators Inc)
Leasehold Improvements. a. Tenant accepts Landlord shall construct in the Premises “AS IS” without any agreements, representations, understandings or obligations the Leasehold Improvements (including the three (3) alternates) as are described on the part Tenant Improvement Summary below dated May 2, 2012 and the Preliminary Plan attached hereto as Exhibit “C1”. For clarity, the Landlord acknowledges and agrees that at the end of the Lease term (due to expiration or earlier termination in accordance with the terms of the Lease), the generator being provided will be owned in full by Tenant and Tenant may, at the expiration or earlier termination of the Agreement, remove such generator and upon removal Tenant shall repair any damage caused by such removal. In addition to the summary below, Landlord shall provide, based upon mutually acceptable plans, an allowance of One Hundred Thousand dollars ($100,000.00) to perform any alterationsbe utilized within the 13,250 SF “Expansion Premises” described on Exhibit “B” herein, repairs such being the Expansion Premises. This allowance shall be applied to coincide with an April 1, 2014 Base Rental Commencement Date or improvements except as expressly set forth such earlier date if Tenant gives Landlord written notice of such in accordance with the terms of this Lease. ADDITIONALLYAny modification to this summary shall be mutually agreed to by Landlord and Tenant with the cost difference reflected accordingly on any unamortized cost associated herein. The following Rules and Regulations are prescribed by Landlord in order to provide and maintain, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix best of Landlord’s ability, orderly, clean and desirable Premises, building and parking facilities for the tenants therein and to the exterior regulate conduct in and use of the Premises, any signs, air conditioners or other objects without memorializing the Building and parking facilities in such proposed alterations, attachments, or fixtures a manner as to minimize interference by others in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion proper use of the Premises by reason of Tenant. In the following Rules and Regulations, all references to Tenant include not only Tenant, but, also, Tenant’s acts or omissions or because of a claim against Tenantagents, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liensservants, within said thirty (30) day periodemployees, Landlord mayinvitees, at its sole optionlicensees, cancel or discharge the same and upon Landlord’s demandvisitors, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such lienspermitted assignees, including attorney fees in connection with same.and/or sublessees:
Appears in 2 contracts
Sources: Commercial Lease Agreement (Mavenir Systems Inc), Commercial Lease Agreement (Mavenir Systems Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant, except that Tenant may remove its vacuum system equipment prior to the exterior Termination Date, provided Tenant shall repair any damage caused by the installation or removal of such vacuum system equipment. Tenant shall remove, at Tenant's expense, unless Landlord, by written notice to Tenant otherwise advises Tenant within 30 days prior to the Termination Date that Tenant shall not remove, the following: (1) Cable (defined in Section 10(a)) installed by or for the exclusive benefit of Tenant and that is located within the Premises; (2) Auxiliary Generator and/or Fuel Supply (defined in Section 10(c)) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building; and (3) any or all Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory or office improvements (collectively referred to as "Required Removables"). Notwithstanding anything contained herein to the contrary, Landlord agrees that the Initial Alterations shall not be deemed Required Removables and may remain on the Premises at the end of the term and although Tenant shall not be required to remove any of the Initial Alterations, Tenant may remove the vacuum system equipment as provided above. Without limitation, it is agreed that Required Removables may include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems, building and roof penetrations, and property and equipment (including, without limitation, laboratory related equipment) permanently affixed to the Premises or to the Building systems, and structural alterations and modification of any type. The Required Removables designated by Landlord to be removed shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Required Removables required by Landlord to be removed or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and dispose of such Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. If Landlord elects to retain any of the Required Removables, Tenant covenants that (i) such Required Removables will be surrendered in good condition, free and clear of all liens and encumbrances and (ii) if Cable is to be surrendered, it shall be left in safe condition, properly labeled at each end and in each telecommunications/electrical closet and junction box. Tenant may remove its trade fixtures, so long as such fixtures are not permanently affixed to the Building or the Building systems and not contained in or located above the ceiling, outside the demising walls, beneath the floor of the Premises or in the interior walls of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible time it requests approval for the cost of such alterations Initial Alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs for a proposed Alteration (including reasonable attorneys’ fees and costs of suitdefined in Section 10 (c)), lossesmay request in writing that Landlord advise Tenant whether the Initial Alterations, liabilities, the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts Initial Alterations or omissions or because of the Alteration will be designated as a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty Required Removable. Within ten (3010) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodreceipt of Tenant's request, Landlord mayshall advise Tenant in writing as to which portions of the Alteration, at its sole optionif any, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samewill be considered to be a Required Removable.
Appears in 2 contracts
Sources: Lease Agreement (Kolltan Pharmaceuticals Inc), Lease Agreement (Kolltan Pharmaceuticals Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including any Alterations (defined in Section 9.03) but excluding Tenant’s Property (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant (including, but not limited to, work not completed any pantry and kitchen appliances installed by or for Tenant), provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), including any Cable (defined in Section 9.01 below), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant (the “Removal Notice”) delivered prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a workmanlike manner nature that would require removal and any contractor’srepair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). Required Removables shall include, mechanics’ or materialman’s liens asserted without limitation, vending machines, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same to as contemplated by the immediately preceding sentence. The Required Removables shall be canceled removed by Tenant before the Expiration Date or discharged earlier termination of record by bond this Lease or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said following the date of the Removal Notice if the date of the Removal Notice is not at lease thirty (30) day perioddays prior to the Expiration Date or earlier termination date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord maymay perform such work at Tenant’s expense. Tenant, at its sole optionthe time it requests approval for a proposed Alteration, cancel may request in writing that Landlord advise Tenant whether the Alteration, or discharge any portion thereof, is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameAlteration are Required Removables.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Loxo Oncology, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsAll Leasehold Improvements shall, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth provided in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to remain upon the Premises nor post at the end of the Term without compensation to Tenant. “Leasehold Improvements” shall mean and include all Initial Tenant Work and other leasehold improvements from time to time existing in or attach or affix to the exterior of the Premises, including without limitation any signssuch leasehold improvements (if any) that exist as of the Term Commencement Date under this Lease or that are made by or for the benefit of Tenant (or any party acting under or through Tenant) before the Term Commencement Date or thereafter from time to time during the Term. Landlord, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a by written notice to Tenant work letter (in form acceptable to Landlord) and obtaining at the time of Landlord’s prior written consent approval of the plans therefor, may require Tenant, at Tenant’s expense, to sameremove at the end of the Term any Leasehold Improvements that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Required Removables”). Notwithstanding the foregoingRequired Removables may include, Tenant shall have the right to make interiorwithout limitation, non-laboratory fixtures, laboratory equipment and specialized improvements for laboratory uses, raised floors, private baths and showers, vaults, rolling file systems, slab penetrations, structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure and modifications and any Cable installed by or electrical, plumbing, or mechanical systems on behalf of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the PremisesTenant; provided, however, that Tenant that, notwithstanding anything to the contrary contained in this Lease, but subject to Section 5 of Exhibit F attached hereto, Required Removables shall remove not include the Dedicated Venting System, the Back-Up Power and Supplemental System (as defined below), typical intercommunicating internal stairways or staircases or any standard core restroom facilities, the same on shall not be required to be removed by Tenant at the end of the Term, and Landlord shall indicate in writing at the time of Landlord’s approval of the Construction Documents whether or not such improvements are required to be removed by Tenant at the end of the Term. The Required Removables shall be removed by Tenant before the expiration of this Lease, and if so requested by Landlord, promptly after any or earlier termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalLease in accordance with Section 20.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Sources: Office Lease Agreement (Haemonetics Corp), Office Lease Agreement (Haemonetics Corp)
Leasehold Improvements. a. Tenant accepts (a) Lessee shall comply with the Premises provisions of Schedule 2 attached hereto entitled “AS ISConstruction of Initial Leasehold Improvements.” without any agreements, representations, understandings or obligations on Lessor shall be responsible only for the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth costs and expenses described in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions Schedule 3 and only to the Premises nor post or attach or affix extent that they do not exceed the respective allowances indicated in Schedule 3. All installations in excess thereof shall be for Lessee’s account, and Lessee shall pay, as additional rent hereunder, to the exterior Lessor an amount equal to Lessor’s actual cost therefor, including associated architectural and engineering fees, if any, plus a management cost recovery fee of ten percent (10%) to cover overhead within ten (10) days after being invoiced therefor. Additionally, Lessee shall pay all ad valorem taxes and increased insurance premiums that are payable on account of any of the Premisesleasehold improvements that are in addition to those items (or the quantities thereof) described on Schedule 3 hereto. Failure by Lessee to pay any sums described in Section 26(a) or the Schedules hereto in full within ten (10) days after its receipt of an invoice therefor will constitute failure to pay rent when due and an event of default by Lessee hereunder, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in giving rise to all remedies available to Lessor under this lease and at law for nonpayment of rent. Lessee shall deliver to Lessor a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems copy of the Premises; “as-built” plans and specifications made in or (ii) decrease the value of to the Premises. Tenant shall be responsible for It is stipulated that time is of the cost essence in connection with Lessee’s compliance with the terms of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalSchedule 2.
c. Tenant (b) Lessee shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs not be deemed to be the agent or representative of suit), losses, liabilities, or causes of action arising out of or relating to Lessor in making any such alterations, physical additions or improvements made by Tenant to the Premises, includingand shall have no right, but not limited topower or authority to encumber any interest in the Project in connection therewith other than Lessee’s leasehold estate under this Lease. However, work not completed in a workmanlike manner and should any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises Project or any interest therein (other than Lessee’s leasehold estate hereunder) by reason of TenantLessee’s acts or omissions or because of a claim against TenantLessee or its contractors, Tenant Lessee shall cause the same to be canceled cancelled or discharged of record by bond or otherwise within thirty ten (3010) days after notice by LandlordLessor. If Tenant Lessee shall fail to cancel or discharge said lien or liens, within said thirty ten (3010) day period, Landlord which failure shall be deemed to be a default hereunder, Lessor may, at its sole optionoption and in addition to any other remedy of Lessor hereunder, cancel or discharge the same and upon LandlordLessor’s demand, Tenant Lessee shall promptly reimburse Landlord Lessor for all reasonable costs incurred in canceling or discharging such lien or liens, including attorney fees in connection with same.
Appears in 2 contracts
Sources: Office Lease Agreement (Dexterity Surgical Inc), Office Lease Agreement (Dexterity Surgical Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, if any, will be considered to be Required Removables. In addition, Tenant shall cause not be required to remove any portion of the same to be canceled or discharged Tenant Improvements at the end of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameTerm.
Appears in 2 contracts
Sources: Annual Report, Office Lease Agreement (Infospace Com Inc)
Leasehold Improvements. a. All improvements constructed by Tenant accepts in the Premises (collectively, “AS ISLeasehold Improvements” or “Tenant's Work”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant given within sixty (60) days of the date the Leasehold Improvements are installed, may require Tenant to remove any agreementsLeasehold Improvements that are provided by or for the benefit of Tenant and Landlord determines Tenant shall remove (collectively referred to as “Required Removables”). Without limitation, representationsit is agreed that Required Removables may include internal stairways, understandings or obligations on demountable partitions, raised floors, floor reinforcements, vaults, rolling file systems and structural alterations and modifications of any type, special fire suppression systems and equipment. The Required Removables designated by Landlord shall be removed by Tenant before the part Termination Date. Tenant's possession of Landlord the Premises shall be subject to perform any alterations, repairs or improvements except as expressly set forth in all of the terms and conditions of this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions including the obligation to pay Rent on a per diem basis at the Premises nor post or attach or affix to rate in effect for the exterior last month of the Premises, Term. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any signs, air conditioners Required Removables or other objects without memorializing such proposed alterations, attachments, or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining Landlord’s prior written consent to samedispose of the Required Removables and perform the required repairs. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section 9.03), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within ten (10) Business Days after receipt of Tenant’s acts 's request, Landlord shall advise Tenant in writing as to which portions of the Alteration, if any, will constitute Required Removables. Landlord represents to Tenant that there is asbestos (“ACM”) in the ceiling of the Premises and unless same is required to be removed by applicable environmental Law, shall remain in the Premises. If applicable environmental Law requires that said ACM be removed as a result of Tenant's Work, or omissions or because of if Tenant's Work disturbs any ACM in the Center and as a claim against Tenantresult, the ACM must be removed pursuant to applicable Laws, Tenant shall cause remove same as part of Tenant's Work and in conformance with applicable environmental Law. In the same event that any other tenant in the Center performs work to be canceled or discharged of record by bond or otherwise its space that disturbs ACM within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodthe Premises, Landlord may, at its sole option, cancel or discharge will cause said tenant to comply with applicable laws with regard to the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameremoval of said ACM within the Premises.
Appears in 2 contracts
Sources: Office Lease (Basis Global Technologies, Inc.), Office Lease (Basis Global Technologies, Inc.)
Leasehold Improvements. a. (a) Tenant accepts shall receive from Landlord a tenant improvement allowance of $1,846,305.00 (the Premises “AS IS” without T.I. Allowance”) to be used for the purpose of purchasing, constructing and/or installing improvements to the Expansion Space. Landlord will cause the Expansion Space to be promptly prepared in accordance with the Work Letter attached as Exhibit B which hereby amends and replaces any agreementsprior work letter.
(b) If for any reason the Expansion Space should not he ready for occupancy by the Expansion Space Commencement Date, representationsLandlord shall not be liable or responsible for any claims, understandings damages or obligations on liabilities in connection therewith or by reason thereof, except for the part of Landlord to perform any alterations, repairs or improvements except rent abatement as expressly specifically set forth in this Lease. ADDITIONALLYExhibit B. Landlord shall provide Tenant a copy of the Use and Occupancy Certificate for the shell space (i.e. an occupancy certificate which remains subject to furniture and equipment installation by Tenant) upon completion of the improvements as set forth in Exhibit B which is attached hereto, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEand, LANDLORD MAKES NO WARRANTIESif requested by Tenant, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVEDthe final Use and Occupancy Certificate upon completion of Tenant’s installation of furniture and equipment.
b. (c) Tenant agrees that it will shall not make no exterior or structural allow to be made any alterations or physical additions in or to the Premises, or place safes, vaults or other heavy furniture or equipment within the Premises, without first obtaining the written consent of Landlord which consent shall not he unreasonably withheld so long as said alterations do not adversely impact on Building systems or structure. Provided, however, that any such alterations or physical additions to the Premises nor post such as trade fixtures, machinery, and equipment that are installed by Tenant and removable without adverse impact on the Building systems or attach structure shall remain the property of Tenant. All repairs, alterations or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) additions that affect the structure Building’s structural components or electricalthe Building’s mechanical, plumbing, or mechanical electrical and plumbing systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations made solely by Landlord or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalcontractor.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. d) Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises Building by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameplus an administrative fee equal to fifteen percent (15%) of such costs.
Appears in 2 contracts
Sources: Office Lease Agreement (Emdeon Inc.), Office Lease Agreement (Emdeon Inc.)
Leasehold Improvements. a. The following provisions govern Leasehold Improvements constructed by Tenant:
A. Tenant accepts shall not construct any Leasehold Improvements or otherwise alter the Premises “AS IS” without Landlord's prior approval if such action results in the demolition, removal, or material alteration of existing Improvements (including partitions, wall and floor coverings, ceilings, lighting fixtures or other utility installations) and if the cost of such construction or alteration exceeds Fifteen Thousand Dollars ($15,000) per work of improvement or if the cost of Leasehold Improvements done, under construction, or for which approval is sought during any agreementscalendar quarter exceeds Twenty-Five Thousand Dollars ($25,000). With respect to any Leasehold Improvements which must be approved by Landlord pursuant to the immediately preceding sentence, representationsTenant shall not commence construction of such Leasehold Improvements until Landlord shall have first approved the plans and specifications therefor, understandings or obligations on the part of which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord to perform shall have received Tenant's request for such approval. In no event shall Tenant make any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post which could significantly affect the structural integrity or attach or affix to the exterior design of the Premises, any signs, air conditioners or other objects Premises without memorializing such proposed alterations, attachments, or fixtures Landlord's prior approval.
B. All Leasehold Improvements requiring Landlord's approval shall be installed by Tenant in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant work letter shall not commence construction of any Leasehold Improvements until (in form acceptable to i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, and (iii) if reasonably requested by Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to make interior, non-structural alterations Landlord if there are any perils relating to the Premises without proposed construction not covered by insurance carried pursuant to Article 9. If Landlord so requests in writing with respect to Leasehold Improvements requiring Landlord’s consent's prior approval, so long as Tenant shall inform Landlord of Tenant's scheduled date for commencement of construction at least five (5) days prior to such alterations do not date of commencement.
C. At all times during the Lease Term, (i) affect Tenant shall maintain all plans and change orders prepared in connection with the structure construction of any Leasehold Improvements which required a building permit or electricalother governmental approval, plumbing, or mechanical systems of the Premises; or and (ii) decrease the value of the Premises. Tenant shall be responsible for the cost provide to Landlord copies of such alterations or signsplans and change orders (and, to the extent Tenant causes such to be prepared for its own use, "As-Built" plans) at any time that Landlord requests copies thereof.
D. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to install its trade fixtures and equipment in, upon and about remove only the Premises; provided, however, that Tenant shall remove the same on or before the expiration following kinds of this Lease, and if Leasehold Improvements so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair long as it repairs all damage caused by the installation thereof and returns the Premises to the Premises by reason condition existing prior to the installation of such installation Leasehold Improvements: (i) built-in cabinets, file drawers and bookcases; (ii) computer room air conditioning; (iii) canteen equipment; (iv) office cubicle systems; and (v) ornamental statues. At the expiration or removal.
c. sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not remove shall indemnify be surrendered to Landlord as a part of the realty and hold shall then become Landlord's property, and Landlord harmless from and against shall have no obligation to reimburse Tenant for all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason value or cost thereof. However, if Landlord so requires, at the expiration or earlier termination of Tenant’s acts or omissions or because of a claim against Tenantthe Lease Term, Tenant shall cause remove any Leasehold Improvements designated for removal by Landlord and shall restore the same Premises to be canceled or discharged the condition existing prior to the installation of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail such Leasehold Improvements to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.extent necessary to return the Premises to substantially the
Appears in 2 contracts
Sources: Lease (United Defense Lp), Lease (United Defense Lp)
Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. by Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord"Tenant's Property") shall be owned and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesinsured by Tenant. Tenant shall be responsible for the cost of remove all such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to Tenant's Property from the Premises by reason in accordance with the terms of such installation or removal.
c. Tenant shall indemnify Article XXXV hereof. Any and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or and improvements made by Tenant to the Premises, includingincluding any built-in furniture (collectively, but not limited "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any time prior to, work not completed in a workmanlike manner and any contractor’sor within six (6) months after, mechanics’ the expiration or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term earlier termination of this Lease.
d. Should Lease or Tenant's right to possession, require Tenant to remove any contractor’sLeasehold Improvements performed by or for the benefit of Tenant and all electronic, mechanic’s or other liens be filed against any portion of phone and data cabling as are designated by Landlord (the Premises by reason of "Required Removables") at Tenant’s acts or omissions or because of a claim against Tenant's sole cost. In the event that Landlord so elects, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise remove such Required Removables within thirty ten (3010) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by Landlordsuch removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant shall fail fails to cancel remove any specified Required Removables or discharge said lien or liensto perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within said thirty five (305) day perioddays after demand from Landlord, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for any and all reasonable costs incurred in canceling or discharging such liens, including attorney fees by Landlord in connection with samethe Required Removables.
Appears in 2 contracts
Sources: Standard Form Office Lease (Ritz Interactive, Inc.), Office Lease (Aht Corp)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems, laboratory equipment and structural alterations and modifications of any signs, air conditioners type. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs of same incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 business days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 2 contracts
Sources: Office Lease Agreement (Collegium Pharmaceutical, Inc), Office Lease Agreement (Collegium Pharmaceutical Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlorda) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant HLL shall have the right to make interiorelect, non-and in the circumstances described in Section 2.4(a) and this Section 2.6 the obligation to elect, upon 10 days prior written notice to Holdings, to fund the cost of any change to be made to any Vessel at the time that funding therefor is required under the applicable MOA, and to designate such change as a leasehold improvement (each a “Leasehold Improvement”); provided that any such change does not constitute a structural alterations change to the Premises without Landlord’s consentsubject Vessel and will not materially reduce its market value. If HLL makes any Leasehold Improvement to any Vessel, so long as title to such alterations do not Leasehold Improvement shall vest in and remain the property of (i) affect HLL to the structure or electricalextent that such Leasehold Improvement shall be readily removable from the Vessel without causing any material damage to the Vessel, plumbing, or mechanical systems of the Premises; or and (ii) decrease the value Owner to the extent that such Leasehold Improvement shall not be readily removable from the Vessel without causing material damage to the Vessel. Any change to any Vessel that HLL has funded as a Leasehold Improvement pursuant to this Section 2.6 shall not be taken into consideration in the determination of the PremisesAdjusted Average Purchase Price of such Vessel. Tenant To the maximum extent possible, and subject to Section 2.6(b), HLL shall elect to designate each change or modification to a Vessel as a Leasehold Improvement pursuant to this Section 2.6.
(b) If any change or modification to a Vessel that does not constitute a structural change would cause the Adjusted Average Purchase Price of such Vessel to exceed Fifty-six Million US Dollars ($56,000,000), HLL shall be responsible for the cost of required to make such alterations change or signs. Tenant modification as a Leasehold Improvement and shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of fund such installation or removalLeasehold Improvement in accordance with Section 2.6(a) above.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Sources: Agreement to Acquire and Charter (Horizon Lines, Inc.), Agreement to Acquire and Charter (Horizon Lines, Inc.)
Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” by Tenant ("Tenant's Property") shall be owned and insured by Tenant. Tenant shall remove all such Tenant's Property from the Premises in accordance with the terms of Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any agreementstime prior to, representationsor within six (6) months after, understandings the expiration or obligations on earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the part benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after written notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition, ordinary wear, tear and casualty excepted. If Tenant fails to remove any specified Required Removables or to perform any alterationsrequired repairs and restoration within the time period specified above, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLYLandlord, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEat Tenant's sole cost and expense, LANDLORD MAKES NO WARRANTIESmay remove, EXPRESS OR IMPLIEDstore, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior sell and/or dispose of the PremisesRequired Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures and all reasonable costs incurred by Landlord in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameconnection with the Required Removables. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof andLandlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to make interiorrequire Tenant to remove any vault, non-stairway, raised floor or structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to installed in the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term regardless of this Leasewhether Landlord timely notified Tenant that it would require such removal.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Sources: Sublease (Acacia Research Corp), Office Lease (Acacia Research Corp)
Leasehold Improvements. a. Tenant accepts shall not construct any Leasehold Improvements or otherwise alter the Leased Premises “AS IS” without Landlord’s prior approval, if the cost thereof exceeds five thousand dollars ($5,000) per work of improvement, and not until Landlord shall have first approved the plans and specifications therefor, which approvals shall not be unreasonably withheld, conditioned or delayed. In no event shall Tenant make any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Lease Premises nor post which could affect the structural integrity or attach or affix to the exterior design of the Premises, any signs, air conditioners or other objects Building without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent consent. All Leasehold Improvements constructed by Tenant shall be constructed by Tenant at Tenant’s expense, using a licensed contractor first reasonably approved by Landlord in substantial compliance with the approved plans and specifications therefor. All construction done by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until:
(i) all required governmental approvals and permits shall have been obtained;
(ii) all requirements regarding insurance imposed by this Lease have been satisfied;
(iii) Tenant shall have given Landlord at least five days’ prior written notice of its intention to same. Notwithstanding commence such construction;
(iv) Tenant shall have notified Landlord by telephone of the foregoingcommencement of construction on the day it commences; and
(v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount mutually satisfactory to Landlord and Tenant (but in the right event Landlord and Tenant cannot reasonably agree, then in an amount reasonably satisfactory to make interior, non-structural alterations Landlord) if there are any perils relating to the Premises without proposed construction not covered by the insurance carried pursuant to article 9 of this Lease. All Leasehold Improvements shall remain the property of Tenant during the Lease Term but shall not be damaged, altered, or removed by Tenant from the Leased Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be surrendered to Landlord as a part of the realty and shall then become Landlord’s consentproperty unless Landlord and Tenant otherwise agree in writing, so long as such alterations do not (i) affect the structure and Landlord shall have no obligation to reimburse Tenant for all or electrical, plumbing, or mechanical systems any portion of the Premises; value or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premisesthereof; provided, however, that if Landlord shall require Tenant shall to remove any Leasehold Improvements in accordance with the same on or before the expiration provisions of section 15.1 of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that then Tenant shall promptly thereafter repair all damage caused so remove such Leasehold Improvements prior to the Premises expiration of the Lease Term or by reason a later date mutually agreed upon in writing by Landlord and Tenant. Landlord shall not have the right to require Tenant to remove any Leasehold Improvements or alterations at the end of the Lease Term unless Landlord specifically reserved such right at the time it approved the installation of such installation Leasehold Improvement or removalalteration by written notice (“Removal Notice”).
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Sources: Multi Tenant Space Lease (Nevro Corp), Multi Tenant Space Lease (Nevro Corp)
Leasehold Improvements. a. Tenant accepts shall not construct any Leasehold Improvements or otherwise alter the Premises “AS IS” or Project without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent approval and not until Landlord shall have first approved the plans and specifications therefor (in each case not to samebe unreasonably withheld or delayed). Notwithstanding In no event shall Tenant make any alterations to the foregoingPremises or Project which could affect the structural integrity or the exterior design of the Premises or Project. All such approved Leasehold Improvements shall be installed by Tenant at Tenant’s expense using a licensed contractor first reasonably approved by Landlord in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained and copies of same have been provided to Landlord, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least ten (10) days prior written notice of its intention to commence such construction, and (iv) if requested by Landlord in its reasonable discretion, Tenant shall have the right obtained or caused its general contractor to make interior, non-structural alterations obtain contingent liability and broad form builders risk insurance and/or completion and performance bonds in an amount reasonably satisfactory to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for pay to Landlord a fee of 3 percent (3%) of the total cost of design and construction of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by work for Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to ’s services in protecting the Premises by reason of such installation or removal.
c. Tenant and shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs expenses incurred in canceling or discharging such liens, including attorney fees by Landlord in connection with samethe review, approval and supervision of any Leasehold Improvements made by Tenant. All Leasehold Improvements shall remain the property of Tenant during the Lease Term, but shall not be damaged, altered, or removed from the Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be removed from the Premises in accordance with the provisions of Section 16.2.
Appears in 2 contracts
Sources: Lease Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Lease Agreement (Avago Technologies LTD)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsshall, representationsat its own cost and expense, understandings or obligations on the part of Landlord to perform any alterations, repairs or furnish and install all leasehold improvements. Said improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable shall be subject to Landlord) and obtaining Landlord’s 's prior written consent to samethereto and shall be in accordance with the plans and specifications first approved by Landlord. Notwithstanding the foregoing, Tenant covenants and agrees that all work done by Tenant shall have be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations, and requirements of all governmental agencies, offices, departments, bureaus and board having jurisdiction and in full compliance with the right to make interiorrules, non-structural alterations to orders, directors, regulations and requirements of the Pacific Fire Rating Bureau and of any similar body. Tenant shall keep the Premises without Landlord’s consentand all improvements thereon, so long as such alterations do free from all liens and claims of mechanics, labors, materialmen and others for work done and materials furnished to Tenant and Tenant shall not (i) affect the structure create or electrical, plumbing, suffer to be created any lien or mechanical systems of the Premises; or (ii) decrease the value of encumbrance on the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment inAll alterations, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterationsdecorations, additions or improvements upon the Premises made by Tenant to shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, includingas a part thereof, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive at the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion end of the Premises Lease term, except that Landlord may, by reason of Tenant’s acts or omissions or because of a claim against written notice to Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within given at least thirty (30) days after notice prior to the end of the Lease term, require Tenant to remove all improvements installed by Tenant, and Tenant shall repair or, at Landlord's option, pay to Landlord all costs arising from such removal. All articles or personal property and all business and trade fixtures, machinery, and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, shall be and remain the property of Tenant and may be removed by Tenant at any time during the term of this Lease when Tenant is not in default hereunder. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodremove all of its effects from the Premises upon termination of this Lease for any cause whatsoever, Landlord may, at its sole option, cancel or discharge remove the same in any manner that Landlord shall choose, and store said effects with liability to Tenant for loss thereof, and Tenant agrees to pay Landlord upon demand any and all expense incurred in such removal, including court costs and attorney’s fees and storage charges on such effects for any length of time that the same shall be in Landlord's possession, or Landlord may, at its option, without notice, sell said effects or any of the same, at private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale upon any amounts due under this lease from Tenant to Landlord and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samethe expense incident to the removal of and sale of said effects.
Appears in 2 contracts
Sources: Lease Agreement (Global Food Technologies, Inc.), Lease Agreement (Global Food Technologies, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A.) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlords shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to five days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within ten days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, if any, will be considered to be Required Removables. Tenant shall cause not be required to remove any cable or wiring installed in the same to be canceled or discharged Premises as part of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameLeasehold Improvements.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)
Leasehold Improvements. a. Tenant accepts At its sole cost and expense, Landlord shall make the improvements to the Leased Premises “AS IS” without detailed on Exhibit D attached hereto in the time period(s) provided on such Exhibit D. Landlord shall make or cause to be made such Exhibit D improvements promptly, in a good workmanlike manner, in compliance with all applicable permits and authorizations and building and zoning laws and all laws, in accordance with the orders, rules and regulations of the Board of Fire Insurance Underwriters and any agreementsother body hereafter exercising similar functions having or asserting jurisdiction over the Leased Premises, representations, understandings or obligations on and according to the part plans approved by Landlord. All such improvements shall become the property of Landlord to perform any alterations, repairs at the expiration or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior termination of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) Lease Term and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for surrendered with the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Leased Premises; provided, however, that Landlord may condition its consent to any such improvements to a condition requiring Tenant shall to remove the same on or before any such improvements upon the expiration of this Lease, and if so requested by Landlord, promptly after any or termination of this Lease; the Lease Term and providedrestoring the Leased Premises to the condition which existed on the date Tenant took possession, further, subject to normal wear and tear and excepting condemnation or any casualty not caused by the gross negligence or willful misconduct of Tenant. In the event that Tenant shall promptly thereafter repair all damage caused desires to cause such improvements to be made prior to the Commencement Date and provided the Leased Premises by reason of is not otherwise occupied, Tenant is hereby granted a license to enter into the Leased Premises for such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit)purpose, losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant subject to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term obligations of this LeaseTenant under Section 6.3 hereof.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Sources: Lease (Esperion Therapeutics, Inc.), Lease (Esperion Therapeutics, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingincluding any Alterations (collectively, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation “Leasehold Improvements”) shall survive remain upon the Premises at the end of the Term of this Lease.
d. Should any contractor’swithout compensation to Tenant. Landlord, mechanic’s or other liens be filed against any portion of the Premises however, by reason of Tenant’s acts or omissions or because of a claim against Tenant, written notice to Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within at least thirty (30) days after notice prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable (defined in Section 9.01) installed by or for the benefit of Tenant for the purposes of the installation of telecommunications equipment, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal restrooms and showers, vaults, rolling file systems and structural alterations and modifications. Landlord agrees that Initial Alterations shall not be Required Removables so long as such Initial Alterations are consistent with the schematic drawing/floorplan attached as Exhibit L (provided that the IT Room shown thereon will not contain a raised floor and that the library shown thereon will not contain any rolling file). The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodperform its obligations in a timely manner, Landlord maymay perform such work at Tenant’s expense. Tenant, at its sole optionthe time it requests approval for a proposed Alteration, cancel may request in writing that Landlord advise Tenant whether the Alteration or discharge any portion of the same Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. However, it is agreed that Required Removables shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and upon Landlord’s demandtiles, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liensfluorescent lighting panels, including attorney fees in connection with samebuilding standard doors and non-glued down carpeting.
Appears in 2 contracts
Sources: Office Lease Agreement (Oxford Immunotec Global PLC), Office Lease Agreement (Oxford Immunotec Global PLC)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsAll Leasehold Improvements shall, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth provided in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to remain upon the Premises nor post or attach or affix to at the exterior end of the PremisesTerm without compensation to Tenant. “Leasehold Improvements” shall mean and include all Initial Tenant Work, any signs, air conditioners Alterations and other leasehold improvements from time to time existing in or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingincluding without limitation any such leasehold improvements (if any) that exist as of the applicable Delivery Date or Term Commencement Date under this Lease or that are made by or for the benefit of Tenant (or any party acting under or through Tenant) before the Term Commencement Date or thereafter from time to time during the Term. Landlord, by written notice to Tenant at the time of its approval of the Initial Tenant Work or Alteration, as applicable, may require Tenant, at Tenant’s expense, to remove any Initial Tenant Work or Alteration or portion thereof that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, private baths and showers, vaults, rolling file systems, structural alterations and modifications and any Cable installed by or on behalf of Tenant, but not limited toshall specifically exclude, work not completed in a workmanlike manner and without limitation, any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion Cable existing as of the Premises by reason applicable Delivery Date for each Phase Premises. If Landlord fails to notify Tenant of Tenant’s acts the requirement to remove such Initial Tenant Work, Alteration or omissions portion thereof at the time of its approval, such Initial Tenant Work or because of Alteration shall be deemed not to be a claim against TenantRequired Removable, and Tenant shall cause have no obligation to remove it at the same to be canceled or discharged end of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.the
Appears in 2 contracts
Sources: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)
Leasehold Improvements. a. Tenant accepts A. The parties shall make the improvements to the Premises as provided in the attached Exhibit 1. In all other respects, Tenant agrees to accept the Premises on an “AS IS” without basis, and Landlord has no obligation to do or pay for any agreementsleasehold improvements or plans. Except as expressly provided in the Initial Lease, representationsAmendment No. 1 or this Amendment, understandings Tenant shall not be entitled to any tenant improvement allowance, leasehold improvements or other work, or any free rent period or other economic incentives that may have been provided to Tenant in connection with entering into the Initial Lease or any prior Amendment.
B. Provided that Tenant is not in monetary default (beyond any applicable notice and cure period) under the Lease, Landlord shall provide Swing Space (as hereafter defined) to Tenant on the following terms and conditions:
(1) The Swing Space shall consist of approximately 3,500 to 5,000 rentable square feet of contiguous space at a location in the Building as designated by Landlord.
(2) Tenant shall give at least thirty (30) days written notice to Landlord of the date Tenant will commence construction of the Tenant Improvements (“Construction Commencement Date”). Landlord shall deliver the Swing Space to Tenant as of the Construction Commencement Date, and Tenant may thereafter occupy the Swing Space for a limited term (“Swing Space Term”) commencing on the Construction Commencement Date and continuing thereafter until the earlier to occur of: (a) Substantial Completion of the Tenant Improvements in the Premises pursuant to the attached Exhibit 1; or (b) August 31, 2019.
(3) Landlord shall not be liable nor shall the Lease be impaired by any delay or inability to deliver possession of the Swing Space; provided, that if Landlord is unable to deliver possession of the Swing Space to Tenant on or before the Construction Commencement Date, Tenant shall have the right, at its option and as its sole remedy, at any time after the Construction Commencement Date designated by Tenant and before delivery of the Swing Space, to elect to terminate its right to the Swing Space under this Paragraph 4B upon fifteen (15) days’ written notice to Landlord (“Swing Space Termination Notice”), and if the Swing Space is not delivered to Tenant within such fifteen (15) day period, Landlord shall pay the sum of $50,000.00 to Tenant within thirty (30) days after Landlord receives Tenant’s Swing Space Termination Notice, and neither Landlord nor Tenant shall have any further rights or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions relating to the Premises nor post or attach or affix Swing Space under this Paragraph 4B. In the event Landlord fails to pay the exterior sum of $50,000.00 to Tenant within such thirty (30) day period, then Tenant may deliver a second notice (an “Offset Notice”) to Landlord that specifies that the Swing Space Termination Notice has been given pursuant to Paragraph 4.B(3) of this Amendment and the unpaid amount of such $50,000, and that states conspicuously in bold type and in all capital letters at the top of the Premisesfirst page of such Offset Notice: “LANDLORD’S FAILURE TO PAY THE UNPAID AMOUNT OF SUCH $50,000 WITHIN TEN (10) DAYS AFTER RECEIPT OF THIS OFFSET NOTICE SHALL AUTHORIZE TENANT TO OFFSET SUCH UNPAID AMOUNT AGAINST THE MINIMUM RENTAL NEXT DUE UNDER THE LEASE”, any signs, air conditioners or other objects without memorializing and if Landlord fails to pay such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingunpaid amount within such ten-day period, Tenant shall have the right to make interior, non-structural alterations offset such unpaid amount against its Rent obligation as provided for in Paragraph 3.A. above in an amount not to exceed $50,000.00.
(4) Tenant shall not be obligated to pay any Minimum Rental or Tenant’s Pro Rata Share of Real Estate Taxes and Operating Expenses with respect to the Premises without Swing Space during the Swing Space Term.
(5) The Swing Space shall be delivered in “AS IS” condition. Any alterations or improvements, including the installation of telecommunications and computer cabling and equipment, desired by Tenant in the Swing Space shall be subject to Landlord’s consentprior written consent (not to be unreasonably withheld) and shall be performed at Tenant’s sole expense.
(6) Except as otherwise provided in this Paragraph or unless clearly inapplicable, so long as such alterations do not Tenant’s occupancy of the Swing Space shall be on all of the terms and conditions of the Lease, including, without limitation, the insurance and indemnity provisions of the Lease but excluding the payment of rent. Within ten (i10) affect days after written request by Landlord from time to time, Tenant shall execute a written confirmation concerning the structure or electricalterm, plumbinglocation, or mechanical systems any other matter relating to the Swing Space.
(7) Upon the expiration or termination of the Premises; Swing Space Term, Tenant shall completely vacate and surrender the Swing Space to Landlord in as good condition as when Tenant took possession (including the removal of any telecommunications and computer cabling and equipment installed by Tenant at Tenant’s expense), ordinary wear and tear excepted. The expiration or (ii) decrease the value termination of the Swing Space Term shall not terminate or modify the Lease Term with respect to the Premises. .
(8) If Tenant holds over in the Swing Space after the termination or expiration of the Swing Space Term, in addition to Landlord’s other rights and remedies under the law and the Lease: (a) Tenant shall be responsible pay Minimum Rental for the cost Swing Space at an annual rate of such alterations or signs. $16.00 per rentable square foot plus Tenant’s Pro Rata Share of Real Estate Taxes and Operating Expenses at the same rate per rentable square foot then payable by Tenant shall have the right to install its trade fixtures and equipment in, upon and about for the Premises; provided, however, that computed on a daily basis for each day Tenant shall remove remains in possession of the same on Swing Space for up to two (2) months after the termination or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Leasethe Swing Space Term; and provided(b) if Tenant holds over in the Swing Space beyond such two (2) additional months, furtherLandlord shall continue to pay such holdover rent but Landlord shall be entitled to immediately and lawfully retake possession of the Swing Space and to recover from Tenant all costs, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit)damages sustained by Landlord.
(9) During the Swing Space Term, losses, liabilities, or causes of action arising out of or relating Landlord reserves the right to any alterations, additions or improvements made by have access to the Swing Space upon reasonable prior notice to Tenant to perform its duties and obligations under the PremisesLease and to inspect and show the Swing Space. If the Swing Space is part of a larger undemised space, Landlord may at any time construct demising walls, doorways and corridors (at Landlord’s sole expense) with respect to the Swing Space and such additional space (including, without limitation, performing any associated demolition, separation, relocation and repair work). Said additional space, which does not constitute the Swing Space, shall be known as the “Non-Swing Space”. Tenant acknowledges that any such construction may be performed during Tenant’s occupancy and normal business hours; and Landlord and Tenant shall cooperate to reasonably minimize any interference with the performance of the construction and Tenant’s use of the Swing Space. Except as otherwise agreed in writing between the parties, Tenant shall not occupy any portion of any such Non-Swing Space, including, but not limited towithout limitation, work not completed in a workmanlike manner and any contractor’s, mechanics’ use for office purposes or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term incidental uses such as storage of this Leasefiles or equipment.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Sources: Lease Amending Agreement, Lease Amending Agreement (Winmark Corp)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, air conditioners or “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, shall remove all Cable (defined in Section 9.01 below). In addition, Landlord, by written notice delivered to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant’s expense, to remove any Alterations (the Cable and such other objects items collectively are referred to as “Required Removables”). At the time of approval by Landlord of the final plans for the Tenant Improvements, Landlord shall inform Tenant as to which, if any, of the Tenant Improvements will constitute Required Removables. Required Removables shall include, without memorializing such proposed alterationslimitation, attachmentsinternal stairways, or fixtures in a Tenant work letter raised floors, personal baths and showers, vaults, supplemental HVAC units (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameassociated mechanical infrastructure), rolling file systems and structural alterations and modifications and specialized non-standard office improvements (game room, bowling alley, etc.). Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration, including any initial Alterations or Tenant Improvements, may request in writing that Landlord advise Tenant whether the improvement is a Required Removable. In such event, if Landlord approves the Alteration(s) in question, Landlord shall have the right advise Tenant concurrently with such approval as to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems which portions of the Premises; proposed Alterations or (ii) decrease other improvements are Required Removables. Required Removables shall be removed by Tenant before the value of the PremisesTermination Date. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to by the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including removal of Required Removables to Landlord’s reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlordsatisfaction. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodperform its obligations in a timely manner, Landlord may, may perform such work at its sole option, cancel or discharge the same and upon LandlordTenant’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameexpense.
Appears in 2 contracts
Sources: Office Lease Agreement (ForgeRock, Inc.), Office Lease Agreement (ForgeRock, Inc.)
Leasehold Improvements. a. Tenant accepts shall receive a tenant improvement allowance of $18.00 per rentable square foot (the “Allowance”). Landlord will prepare the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlordaccordance with Tenant’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premisesapproved plans; provided, however, Landlord shall not be required (nor shall Tenant be allowed) to install any improvements that are not compatible with Landlord’s plans and specifications for the Building or which are not approved by Landlord or Landlord’s architect. The cost of any Tenant Improvements in excess of $18.00 per rentable square foot shall be borne by Tenant in accordance with the terms of the Work Letter Agreement attached hereto as Exhibit “B”.
b. If for any reason the Premises should not be ready for occupancy by the Commencement Date, Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof. Notwithstanding the above, Landlord recognizes that time is of the essence for Tenant to occupy the premises by the Commencement Date stated herein. Landlord will use its best efforts to take, or cause to be taken, any and all reasonable and necessary steps within Landlord’s dominion and control to ensure that the leasehold improvements as set forth on the construction documents prepared by Design Collective and dated August 10,1999 are complete so as to allow Tenant occupancy by the Commencement Date. Should Landlord have cause for concern as to the timely substantial completion of the leasehold improvements as set forth herein, it shall notify Tenant accordingly and permit Tenant the opportunity to prioritize, to the extent practible, the work on leasehold improvements to facilitate Tenant’s possession and occupancy with functionality of the premises most critical to Tenant’s business operations. Tenant shall remove notify Landlord in timely fashion of the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused improvements most criticial to the Premises by reason of such installation or removalTenant’s operation.
c. Tenant shall not make or allow to be made any alterations or physical additions in or to the Premises, or place safes, vaults or other heavy furniture or equipment within the Premises, without first obtaining the written consent of Landlord which consent shall not be unreasonably withheld so long as said alterations do not impact on Building systems or structure and are not visible from outside the Premises. All repairs, alterations or additions that affect the Building’s structural components or the Building’s mechanical, electrical and plumbing systems shall be made solely by Landlord or its contractor.
d. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialmanmaterialmen’s liens asserted in connection therewith. This indemnification obligation No portion of Landlord’s interest in the Building shall survive the Term be subject to attachment on account of this Lease.
d. any work performed by or on account of Tenant, and Tenant shall provide written notice of same to all of its contractors. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises Building by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameplus an administrative fee equal to fifteen percent (15%) of such costs.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Active Network Inc)
Leasehold Improvements. a. Tenant accepts Subject to the terms of Section 8 below, effective upon the Commencement Date, Sublessor shall convey to Sublessee ownership of all of the Current Leasehold Improvements located on the Premises and owned by Sublessor as of the Commencement Date. Such conveyance shall be “AS ISas is” without representations or warranties of any agreementskind whatsoever, representationsexpress, understandings implied or obligations statutory. Concurrently with the execution of this Sublease, Sublessor shall execute a xxxx of sale in the form attached hereto as Exhibit D (the “Xxxx of Sale”). Such Xxxx of Sale shall be deemed delivered by Sublessor to Sublessee only upon the commencement of this Sublease, and, if this Sublease does not commence, shall be void ab initio and of no effect. In the event of termination of this Sublease by reason of a default on the part of Landlord to perform Sublessee, the Current Leasehold Improvements, together with any alterations, repairs or other leasehold improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions made subsequent to the Premises nor post or attach or affix Commencement Date (“Future Leasehold Improvements”; the Current Leasehold Improvements and the Future Leasehold Improvements being sometimes collectively referred to herein as the “Leasehold Improvements”), shall automatically become the property of Sublessor. In the event of an early termination of this Sublease not due to the exterior fault of Sublessee, all such Leasehold Improvements shall be conveyed by Sublessee to Sublessor and Sublessor shall pay to Sublessee the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the fair market value of the PremisesLeasehold Improvements valued as of the date of termination and with fair market value calculated as provided below. Tenant shall be responsible In order to effect such conveyance (or, at Sublessor’s option in the event of a termination for Sublessee’s default, to confirm the cost ownership of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitLeasehold Improvements), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the PremisesSublessee shall take such actions and execute such documents as Sublessor may reasonably require, including, but not limited towithout limitation, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because execution of a claim against Tenant, Tenant shall cause the same to be canceled or discharged xxxx of record by bond or otherwise within thirty (30) days after notice by Landlordsale for such Leasehold Improvements. If Tenant shall fail Sublessee fails or refuses to cancel execute such documents or discharge said lien or lienstake such actions, within said thirty (30) day periodSublessee hereby appoints Sublessor as its attorney-in-fact with authority to execute such documents and take such actions, Landlord may, at its sole option, cancel or discharge the same which appointment is coupled with an interest and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameis irrevocable.
Appears in 2 contracts
Sources: Sublease Rights Agreement (Tesoro Corp /New/), Berth 121 Sublease Rights Agreement (Tesoro Logistics Lp)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant’s expense, to remove any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, including any Landlord Work, as such term may be defined in the Work Letter attached as Exhibit C, may request in writing that Landlord advise Tenant whether the Alteration, including any Landlord Work, or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the alteration or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameimprovements are Required Removables. Notwithstanding the foregoing, Tenant shall have the right to make interiorLandlord agrees that, non-structural alterations to except for any Cable, the Premises without Landlord’s consentimprovements identified on the Space Plans (as defined in the Work Letter attached as Exhibit C), so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems specifically shown thereon as of the Premises; or (ii) decrease the value of the Premises. Tenant date hereof, shall not be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removaldeemed Required Removables.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Sources: Office Lease Agreement (Akebia Therapeutics, Inc.), Office Lease Agreement (Akebia Therapeutics, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premisesother than Tenant’s personal property and trade fixtures (collectively, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord“Leasehold Improvements”) shall be owned by Landlord and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within thirty (30) days prior to the Termination Date, may require Tenant to remove, at Tenant’s consentexpense, so long as such alterations do not the following (ithe “Required Removables”): (1) affect Cable (defined in Section 9.1) installed by or for the structure exclusive benefit of Tenant and located in the Premises or electrical, plumbing, or mechanical systems other portions of the PremisesPremises or the Property; and (2) any Leasehold Improvements and Alterations that are performed by or for the benefit of Tenant (ii) decrease including, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type). The Required Removables designated by Landlord shall be removed by Tenant before the value of the PremisesTermination Date. Tenant shall be responsible for repair damage caused by the cost installation or removal of such alterations Required Removables, if Tenants fails to remove any Required Removables or signs. Tenant shall have the right to install its trade fixtures and equipment inperform related repairs in a timely manner, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; at Tenant’s expense, may remove and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion dispose of the Premises by reason of Tenant’s acts or omissions or because of a claim against Required Removables and perform the required repairs. Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. If Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (as defined in this Lease), may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration will be designated as a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall fail advise Tenant in writing as to cancel or discharge said lien or lienswhich portions of the Alteration, if any, will be considered to be Required Removables, and if Landlord does not respond within said thirty such ten (3010) day period, such Alterations will not be considered Required Removables (and, in such event, Landlord may, at its sole option, cancel or discharge shall not have the same and upon Landlord’s demand, right under the second sentence of this Section 8 to later require Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging to remove such liens, including attorney fees in connection with sameAlterations).
Appears in 2 contracts
Sources: Sublease Agreement, Landlord's Consent to Sublease (Zymogenetics Inc)
Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” by Tenant ("Tenant's Property") shall be owned and insured by Tenant. Tenant shall remove all such Tenant's Property from the Premises in accordance with the terms of Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any agreementstime prior to the expiration or earlier termination of this Lease or Tenant's right to possession, representationsrequire Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, understandings phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) Business Days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or obligations on earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the part of Landlord Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant fails to remove any specified Required Removables or to perform any alterationsrequired repairs and restoration within the time period specified above, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLYLandlord, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEat Tenant's sole cost and expense, LANDLORD MAKES NO WARRANTIESmay remove, EXPRESS OR IMPLIEDstore, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior sell and/or dispose of the PremisesRequired Removables and perform such required repairs and restoration work. Tenant, within fifteen (15) days after demand from Landlord, shall reimburse Landlord for any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures and all reasonable costs incurred by Landlord in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameconnection with the Required Removables. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof and Landlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to make interiorrequire Tenant to remove any vault, non-stairway, raised floor or structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to installed in the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term regardless of this Leasewhether Landlord timely notified Tenant that it would require such removal.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Sources: Standard Form Office Lease (Viewlocity Inc), Office Lease (Viewlocity Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any Any and all alterations, repairs or additions and improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signsall attached furniture, air conditioners equipment and non-trade fixtures (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation to Tenant. Any unattached and movable equipment or furniture, trade fixtures or other objects without memorializing personalty ("Tenant's Property") shall be owned and insured by Tenant. Landlord may, nonetheless, at any time within one (1) month after the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant (other than electronic, phone and data cabling) as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such proposed alterationsRequired Removables within ten (10) days after notice from Landlord, attachmentsprovided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to remove any evidence that the Required Removable in question has been removed. For example, if Tenant removes a work station, Tenant may be required to patch the portion of carpet upon which the work station was located and repaint the portion of the wall against which the work station was placed. If Tenant fails to remove the Required Removables after Landlord's request therefor, Landlord may remove, store or fixtures in a dispose of the Required Removables at Tenant's cost, and repair any damage caused by such removal and Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameshall pay Landlord as additional Rent hereunder, on demand, all such costs. Notwithstanding the foregoing, except for any vault, stairway, structural alterations or supplemental HVAC equipment installed in the Premises, Tenant shall not be required to remove any portion of the Initial Alterations. In addition, with respect to any subsequent alterations, additions or improvements performed by Tenant, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof. Landlord, within ten (10) days after receipt of Tenant's request, shall advise Tenant as to whether Landlord will require removal of such alteration, addition or improvement, or any particular portion thereof, provided, however, Landlord shall have the right to make interiorrequire Tenant to remove any vault, non-stairway or structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to in the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term regardless of this Leasewhether Landlord timely notified Tenant that it would require such removal.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Sources: Lease (First Capital Income Properties LTD Series Xi)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, air conditioners "Leasehold Improvements") shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, in compliance with the National Electric Code or other objects applicable Law, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove any Landlord Work or Alterations that, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as "Required Removables"). Required Removables shall include, without memorializing limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant's expense. Tenant, at the time it requests approval for a proposed alterationsAlteration, attachmentsincluding any Initial Alterations or Landlord Work, as such terms may be defined in the Work Letter attached as Exhibit C, may request in writing that Landlord advise Tenant whether the Alteration, including any Initial Alterations or Landlord Work, or fixtures in any portion thereof, is a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameRequired Removable. Notwithstanding the foregoing, Tenant shall have the right not be required to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Landlord Work shown on the Plans as of the date of this Lease. Within 10 days after receipt of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period's request, Landlord may, at its sole option, cancel shall advise Tenant in writing as to which portions of the alteration or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameother improvements are Required Removables.
Appears in 1 contract
Sources: Office Lease Agreement (Information Services Group Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables, but in no event shall any such holdover in the Premises constitute or other objects without memorializing such proposed alterationscreate a tenancy-at-will under existing applicable law. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, attachments, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or fixtures removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Sources: Office Lease Agreement (Gsi Technologies Usa Inc /De)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part All improvements (excluding Tenant's Property as defined in Article XV of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions ) to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, any signsin Landlord's reasonable judgment, air conditioners or other objects without memorializing such proposed alterationsare of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). No sooner than 180 days prior to the Termination Date, attachments, or fixtures Tenant may request in a Tenant work letter (in form acceptable writing that Landlord identify the then existing Required Removables that are required by Landlord to Landlord) and obtaining Landlord’s prior written consent to samebe removed by Tenant. Notwithstanding the foregoing, Tenant shall have the right not be required to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems remove any portion of the Premises; or (ii) decrease Landlord Work shown on the value Plans as of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration date of this Lease, as such terms are defined in Exhibit D. Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and if so requested showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, promptly Tenant may remain in the Premises for up to 5 days after any termination the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease; and provided, further, that including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall promptly thereafter repair all damage caused to by the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs removal of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by LandlordRequired Removables. If Tenant shall fail fails to cancel remove any Required Removables or discharge said lien or liensperform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and dispose of the Required Removables and perform the required repairs. Tenant, within said thirty (30) day period30 days after receipt of an invoice, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all the reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameby Landlord.
Appears in 1 contract
Sources: Office Lease Agreement (Actel Corp)
Leasehold Improvements. a. Landlord will construct the Building in ---------------------- substantial accordance with the building plans and specifications previously furnished to Tenant accepts ("Building Plans"), which Building Plans are identified in Exhibit D. Landlord will use its best efforts to substantially complete the construction of the Building in such a time frame, so as to facilitate the substantial completion of the improvements to the Leased Premises “AS IS” without by the targeted Commencement Date set forth in the Lease Summary (subject to the occurrence of the "Delay Events" defined later in this (S)9). Landlord will provide a tenant improvement allowance of $2,016,420 ("TI Allowance") for the construction of leasehold improvements to the Leased Premises below a finished ceiling ("Improvements"). To the extent the cost of the improvements ultimately approved by Landlord and Tenant is more or less than the aforementioned TI Allowance, then the annual Base Rent payable by Tenant during each year of the initial ten-year Lease Term will be increased (in the case of excess costs) or decreased (in the case of diminished costs), as the case may be, by an amount equal to 16.5% of such excess or diminished costs. Landlord and Tenant agree that, promptly following the parties' execution of this Lease, they will meet to develop approved preliminary specifications for the Improvements. Once Landlord and Tenant have approved preliminary specifications for the Improvements, Landlord will proceed with the preparation of the final architectural and engineering drawings, plans and specifications for the Improvements. Once those drawings, plans and specifications are completed, Landlord will deliver a full set thereof to Tenant for its review and approval. The approved final drawings, plans and specifications ("Final Plans") will be deemed incorporated herein by its reference. If, following the approval of the Final Plans, Tenant expresses a desire to make any agreementsrevisions thereto, representations, understandings Tenant will so notify Landlord and Landlord will then ask its general contractor to prepare a cost estimate for the making of such changes. Landlord will promptly notify Tenant of any increased costs or obligations on savings resulting from such changes and Tenant will have the part of right to require Landlord to cause such changes to be made to the final Plans; provided, however, that such changes will not unreasonably affect the structurally integrity or value of the Building. If the aggregate of all such changes results in a net increase or decrease in the cost of the construction of the Improvements, then any such difference will be taken into consideration in adjusting the Base Rent in the manner contemplated in the second paragraph of this (S)9. Tenant will have the right to select a bonded, licensed contractor to participate in open bidding for the contract to construct the Improvements. Landlord will keep Tenant fully apprised of and invite Tenant's participation in and review of all general contractor bids for the construction of the Improvements. Landlord will consult with Tenant with regard to the final selection of a general contractor to construct the Improvements. The general contractor ultimately selected to construct the Improvements will be a general contractor, which is reasonably acceptable to both Landlord and Tenant. If all of the bids received with respect to the construction of the Improvements are substantially higher than the TI Allowance, then Tenant will have the right to cause Landlord to revise the Final Plans and resubmit the same to the designated general contractors, asking them for a revised bid, so as to try to reduce the ultimate cost of such Improvements; provided, however, that any delay in Landlord's construction of the Improvements caused by the revision of such Final Plans and the resubmission thereof to the designated general contractors will be treated as a Tenant-caused delay within the meaning of this (S)9. Landlord agrees that all bids solicited by it from general contractors with respect to the construction of the Improvements will be required to include a schedule of values so as to facilitate the identification and computation of change orders and cost modifications. Finally, Tenant will have the right to select an independent construction management firm to supervise construction of the Improvements on Tenant's behalf, with all fees to be paid to such construction manager to be included in the TI Allowance. Landlord will cause the improvements to be constructed in accordance with the Final Plans. Landlord will conduct a "walk-through" of the Leased Premises with Tenant, so as to permit Tenant the right and opportunity to confirm that the improvements have been constructed in accordance with the Final Plans. Landlord will use its best efforts to substantially complete construction of the Improvements on or before the targeted Commencement Date set forth in the Lease Summary, subject to delays caused by the occurrence of events beyond its reasonable control, including, without limitation, labor troubles, inability to procure materials, restrictive governmental laws, actions and pronouncements, acts of God, unseasonable weather, Tenant's failure to timely respond to any matter submitted for its review, and Tenant's requested change orders ("Delay Events"). The establishment of the substantial completion date referred to in the immediately preceding sentence is predicated upon the various Construction Milestone Dates referred to in Exhibit E being met in a timely manner with respect to the preparation, submission and approval of all preliminary specifications and Final Plans. Tenant agrees that it will review and either review or specify its objections to any documents or drawings submitted to it for its review and approval hereunder within ten days after its receipt of the same. If Tenant fails to respond to any submission to it within ten days after its receipt of the same, then it will be deemed to have approved the same for all purposes of this Lease. Notwithstanding anything to the contrary contained herein, if Landlord's inability to substantially complete the improvements on or before the targeted Commencement Date set forth in the Lease Summary is attributable to Tenant-caused delays (including, without limitation, Tenant's failure to timely respond to any matter submitted for its review, delays caused by Tenant' s requested change orders or Tenant's failure to meet the Construction Milestone Dates referred to in Exhibit E), then the Commencement Date will remain as set forth in the Lease Summary, notwithstanding the fact that the Improvements are not yet substantially completed, and Tenant will, from and after the Commencement Date, have an obligation to pay Base Rent and perform any alterations, repairs or improvements except as expressly all of its other obligations and duties set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions If Landlord's failure to substantially complete the improvements to the Leased Premises nor post or attach or affix by the targeted Commencement Date set forth in the Lease Summary is attributable to any reason other than a Tenant-caused delay (as that term is defined above), then, subject to the exterior remaining provisions of this (S)9 with respect to the imposition of per diem penalties and the grant to Tenant of a right to terminate the Lease, the Commencement Date and the Termination Date will each be deferred by the number of days of the Premisesdelay in substantially completing the improvements to the Leased Premises and Tenant's obligation to pay Base Rent and perform all of its other obligations and duties set forth in this Lease will be similarly deferred until the deferred Commencement Date hereunder. If the Leased Premises are not substantially completed by November 1, 1996, for any signsreason other than the occurrence of any Delay Event, air conditioners or then Landlord will be obligated to pay a per diem penalty to Tenant equal to $967 per day for each day after November 1, 1996 until the Leased Premises are so substantially completed. If the Leased Premises are not substantially completed by January 1, 1997, for any reason other objects without memorializing such proposed alterationsthan the occurrence of any Delay Event, attachments, or fixtures in a then Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall will have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems terminate this Lease by delivering written notice of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right termination thereof to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same Landlord on or before January 31, 1997. For the expiration purposes of this Lease, and if so requested the improvements will be deemed "substantially completed" on the earlier of the date on which Tenant occupies the Leased Premises or the date on which a certificate of occupancy for the Improvements is issued by Landlord, promptly after any termination of this Lease; and provided, further, that the appropriate governmental authority. To the extent Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingoccupies a part, but not limited toall of the Leased Premises prior to the Commencement Date as it relates to the entire Leased Premises, work not completed in a workmanlike manner then all of the terms and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term conditions of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion Lease will nonetheless apply to Tenant's occupancy of such part of the Leased Premises prior to such Commencement Date and Tenant will pay Base Rent hereunder in an amount equal to the Base Rent payable hereunder for the entire Leased Premises, multiplied by reason a fraction having as its numerator the number of Tenant’s acts or omissions or because rentable square feet so occupied by Tenant and having as its denominator the total number of a claim against Tenant, Tenant shall cause rentable square feet contained within the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameLeased Premises.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, air conditioners or other objects “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without memorializing such proposed alterationscompensation to Tenant, attachmentsprovided that Tenant, or fixtures at its expense, shall remove all Cable (defined in a Tenant work letter (in form acceptable to LandlordSection 9.01 below) and obtaining that Tenant may remove any Alterations, improvements, fixtures and/or equipment which have not been paid for by Landlord, provided that Tenant repair any damage caused by such removal and restore the Premises to the condition existing prior to installation of the same. Tenant shall not be required to remove the Tenant Improvements constructed by Landlord in the Work Agreement. In addition, Landlord, by written notice delivered to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant’s prior written consent expense, to sameremove any Alterations (the Cable and such other items collectively are referred to as “Required Removables”), but shall not require Tenant to remove any improvements that were part of the Tenant Improvements. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, supplemental HVAC units (and associated mechanical infrastructure), rolling file systems and structural alterations and modifications and specialized non-standard office improvements (game room, bowling alley, etc.). Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration, including any initial Alterations or Tenant Improvements, may request in writing that Landlord advise Tenant whether the improvement is a Required Removable. In such event, if Landlord approves the Alteration(s) in question, Landlord shall have the right advise Tenant concurrently with such approval as to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems which portions of the Premises; proposed Alterations or (ii) decrease other improvements are Required Removables. Required Removables shall be removed by Tenant before the value of the PremisesTermination Date. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to by the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs removal of suit), losses, liabilities, or causes of action arising out of or relating Required Removables to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialmanLandlord’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlordsatisfaction. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodperform its obligations in a timely manner, Landlord may, may perform such work at its sole option, cancel or discharge the same and upon LandlordTenant’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameexpense.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts may construct any Leasehold ---------------------- Improvement which does not affect the Premises “AS IS” without any agreements, representations, understandings structural parts or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the PremisesBuilding without Landlord's prior approval. Any other Leasehold Improvements may be made only after obtaining Landlord's consent, which consent shall not be unreasonably withheld or delayed. Landlord shall be deemed to have consented to any signsLeasehold improvement, air conditioners if Landlord has not reasonably withheld its consent to any Leasehold Improvement within fifteen (15) days of Tenant's request for Landlord's consent to the Leasehold Improvement. All Leasehold Improvements constructed at Tenant's cost shall remain the property of Tenant during the Lease Term and may be removed from the Premises at any time. Landlord shall have no lien or other objects without memorializing such proposed alterationsinterest whatsoever in any Leasehold Improvement and within ten (10) days following Tenant's request, attachmentsLandlord shall execute documents in reasonable form to evidence Landlord's waiver of any right, title, lien, or fixtures interest in a Tenant work letter (Lessee's Leasehold Improvements located in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for restore all damage to the cost Premises caused by any removal of such alterations or signsTenant's Leasehold Improvements. Within ten (10) days following a request by Tenant, Landlord shall inform Tenant shall have whether it reserves the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that have any Leasehold Improvement installed by Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to removed from the Premises by reason Tenant upon termination of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts Except as otherwise provided herein, Landlord covenants and agrees to provide certain leasehold improvements at the Premises “AS IS” without any agreementsfor occupancy by Tenant, representationsat Tenant's expense, understandings or obligations on in accordance with the part of Plans and Specifications and finish schedules (collectively the "Leasehold Improvements"). Landlord agrees to perform any alterations, repairs or improvements provide Tenant an allowance ("Landlord's Allowance") for the Leasehold Improvements (except as expressly otherwise set forth herein) which Landlord's Allowance shall not exceed $19.00 per square feet of the Premises or $495,520.00. The quality of all Leasehold Improvements shall equal or exceed the standards set forth as Building Standard Work on Exhibit B attached hereto ("Building Standard Work") and such Building Standard Work shall serve as the minimum standards for such Leasehold Improvements. It is understood, however, that such Building Standard Work as set forth on Exhibit B is intended to set forth only the guidelines for minimum quality but that the ratios and square footage allocations set forth therein are not intended to be binding on Landlord in providing such Leasehold Improvements. In the event that the cost of the Leasehold Improvements does not equal the amount of Landlord's Allowance set forth herein, Tenant shall not be entitled to any credit, offset or deduction for any such surplus, it being understood that any such amount shall belong to Landlord. If the total cost of the Leasehold Improvements exceeds Landlord's Allowance as above stated, Tenant shall, upon receipt of Landlord's notice and invoice, reimburse Landlord in full for the excess cost differential within thirty (30) days of receipt thereof. Landlord's Allowance shall not be used for art work, office equipment, trade fixtures (including but not limited to audio visual equipment), telephone systems, interior plant landscape, movable furniture and furniture partition systems or movable telephone work stations. The foregoing items shall be installed by Tenant at its cost and expense. Landlord shall install any telephone work stations set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions the Plans and Specifications which are permanently affixed to the Premises nor post or attach or affix to Building and Landlord's Allowance may be used for such permanent telephone work stations. In addition, except as set forth in subparagraph (g) below, Landlord's Allowance shall not be used for the exterior removal of three corridors surrounding the atrium on the second floor of the Building (including the removal of any carpeting, wallpaper and ceiling lights and all ceilings, floors and walls in these corridors), nor for the removal of a corridor located on the west side of the second floor of the Building (which west side corridor provides passage to and from the bathrooms and the west end stair well). The foregoing corridors and related materials may be removed by Tenant at its cost and expense. Landlord shall prepare a Leasehold Improvement analysis, detailing a cost breakdown for each item outlined on the Plans and Specifications, including unit pricing, and give Tenant a copy of such analysis. With respect to carpeting and wallpaper in the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right ability to make interiordirect Landlord to purchase carpeting and wallpaper, non-structural alterations through Tenant's suppliers, if Tenant satisfactorily demonstrates to Landlord that Landlord's pricing is not as competitive as that of Tenant's suppliers. Tenant covenants and agrees that upon expiration of the term of this Lease, including any extension thereof, Tenant, at the election of Landlord, will remove all tenant improvements other than those which are part of the Work, and return the Premises without Landlord’s consent, so long to Landlord in the same condition as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the PremisesCommencement Date, except for reasonable wear and tear and occurrences pursuant to Sections 13 and 14 hereof. Landlord agrees to exercise such election by notifying Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right in writing 90 days prior to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, or any extension terms, if extended. In addition to Landlord's Allowance, the following items shall be provided by Landlord at Landlord's expense and if so requested by NOT charged against Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.'s Allowance:
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense certain improvements made by or for the benefit of Tenant such as: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Project; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Notwithstanding the foregoing to the contrary, under no circumstances shall Tenant be responsible for removing previous improvements made to the Building and in place when Tenant took possession of the Premises. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any signs, air conditioners Required Removables or other objects without memorializing such proposed alterations, attachments, or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts If the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners leased premise does not have a hangar or other objects without memorializing such proposed alterationsbuilding situated upon it, attachmentsthe Lessee shall within thirty (30) days of execution of this Lease provide the Lessor with plans and specifications for the hangar or other improvements to be placed upon the leased premises. If Lessor approves the submitted plans and specifications, or fixtures in a Tenant work letter the Lessee shall commence construction within six (in form acceptable 6) months from the date of this Lease and the construction shall be pursued with due diligence and completed within 6 months. If the lease fails to Landlord) and obtaining Landlord’s prior written consent comply with the time constraints as herein set forth, this Lease shall terminate at that time. Prior to same. Notwithstanding the foregoingcommencing construction of improvements, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant Lessee shall be responsible for completing Federal Aviation Administration Form 7460 - Notice of Proposed Construction or Alteration. A copy of the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures completed and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused signed form must be provided to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against Airport. Leasehold Improvements is defined as all costs (buildings, including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited toto hangars and/or improvements, work whether or not completed in a workmanlike manner and any contractor’spermanently attached to the Subject Property, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive placed and/or constructed on the Term Subject Property during the term of this Lease.
d. Should any contractor’s, mechanic’s Lease by the Lessee or other liens be filed against any portion of left by a prior Lessee having the Premises by reason of Tenant’s acts authority to sell said property to the Lessee. The Lessee shall own all improvements that it places or omissions or because of a claim against Tenant, Tenant shall cause constructs on the same to be canceled or discharged of record by bond or otherwise leased premises and agrees that within thirty (30) days after notice the termination of this Lease or expiration of the lease term, the Lessee shall remove all such improvements and all other property owned by Landlord. If Tenant shall fail the Lessee and to cancel or discharge said lien or liensrestore the leased premises to a neat, clean, orderly condition, remove all concrete foundations, and restore the surface of the leased premises within said thirty (30) -day period of time. Any buildings, improvements, or other property remaining on the leased premises after such 30-day period shall, at the option of the Lessor, become the property of the Lessor. In the event such removal or restoration is not completed by the Lessee within such 30-day period, Landlord maythe Lessor may remove or cause the removal of any such building, at its sole optionimprovements, cancel or discharge other property and restore or cause the restoration of the leased premises. The cost and expenses of same shall be paid by Lessee. Lessor shall be entitled to recover any such cost and upon Landlordexpenses from Lessee, together with all attorney’s demand, Tenant shall promptly reimburse Landlord for all reasonable fees and costs incurred by Lessor in canceling enforcing this Lease. Lessor may remove or discharging cause the removal of any such liens, including attorney fees in connection with samebuilding.
Appears in 1 contract
Sources: General Aviation Hangar Lease
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingincluding any Alterations (collectively, but "LEASEHOLD IMPROVEMENTS") shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at the time Landlord approves the plans and specifications for such improvements, may require Tenant, at its expense, to remove (a) any Cable (defined in Section 9.01) installed by or for the benefit of Tenant, and (b) Alterations that, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "REQUIRED REMOVABLES"). Tenant shall not limited tobe required to remove any item Landlord determines that a future tenant will use any such item that otherwise qualifies as a Required Removable, work then Tenant shall not completed be obligated to remove (or pay for) the same. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, safe deposit boxes and rolling file systems, the teller line, the ATM and night deposit (defined in Exhibit F), any specialized HVAC installed by or for Tenant, and structural alterations and modifications. However, it is agreed that Required Removables shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting. Subject to the foregoing and the terms of Section 25 hereof, none of the installations in the Premises as of the date hereof shall be designated Required Removables. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a workmanlike manner and any contractor’stimely manner, mechanics’ Landlord may perform such work at Tenant's expense. Tenant, at the time it requests approval for a proposed Alteration, including the Initial Alterations, may request in writing that Landlord advise Tenant whether the Alteration or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration, or Initial Alterations or any portion of Tenant’s acts or omissions or because of the Initial Alterations, is a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removable.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts Lessor may establish and amend (i) design criteria related to City Code compliance, design characteristics and appearance characteristics of the Leased Premises “AS IS” without and (ii) maintenance standards concerning the maintenance of the Leased Premises, together with (iii) compliance procedures (all three hereinafter collectively the "Design Criteria and Maintenance Standards"). The Design Criteria and Maintenance Standards will be posted in the offices of Lessor. Lessee will comply with the Design Criteria and Maintenance Standards. Any violation of the Design Criteria and Maintenance Standards that continues for a period of sixty (60) days after written notice of violation to Lessee by Lessor shall be a breach of this Lease by Xxxxxx. Any amendment to the Design Criteria and Maintenance Standards shall be made by the Board of Directors of Lessor, after posting notice of the proposal to amend fourteen (14) or more days in advance at the offices of Lessor and in the fashion, though fourteen days earlier, Lessor's Board of Directors utilizes to publish notice of the meeting at which the amendment is voted on. Any amendment shall become effective upon approval by the Board of Directors of Lessor. Notice of the amendment shall be promptly posted at the offices of Lessor and a copy shall be mailed to Lessee. The Lessee shall not erect, install, or renovate, or demolish any agreements, representations, understandings improvements or obligations structures of any kind on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Leased Premises nor post or attach or affix to the exterior without first obtaining approval of the plans and specifications thereof from Lessor and, prior to issuance of a building permit from the City of New Orleans Department of Safety and Permits, said plans and specifications shall be submitted and considered in accordance with the Design Criteria and Maintenance Standards adopted by the Lessor. All improvements or other structures on the Leased Premises, any signsincluding all Existing Improvements, air conditioners or other objects shall be maintained by the Lessee in good and safe condition, and in accordance with the Lessor's duly adopted Design Criteria and Maintenance Standards throughout the term hereof, said Lessee hereby assuming the sole cost and entire risk and expense of compliance with the terms of this Lease and Lessor's Design Criteria and Maintenance Standards, including all erection, installation, and maintenance associated therewith. In furtherance of, and without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding limiting the foregoing, Tenant Lessor shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible no responsibility for the cost of such any damage, injury, repair, maintenance or other work performed by or on behalf of Tenant in, on or at the Leased Premises, including the Existing Improvements, or any additional improvements to the Leased Premises made by the Lessee. Lessee, at its sole expense, shall be solely responsible for, the maintenance, repair, damage and any liability arising from or in connection with the Leased Premises, including the Existing Improvements, and any additional improvements or alterations or signs. Tenant made by the Lessee, and Lessor shall have no responsibility for any maintenance of, repair or damage to, or liability arising from or in connection with same. All improvements to the right Leased Premises made by Xxxxxx and all improvements to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant Leased Premises purchased by Xxxxxx from his predecessor in title (if any) shall remove remain the same on or before property of Lessee until the expiration termination of this Lease. Upon the termination of this Lease, for whatever cause except for the exercise of the right of eminent domain or expropriation (the right of the parties in an eminent domain or expropriation situation shall be governed by the provision herein bearing that title), the Lessor shall become the owner of all such improvements and if so requested by Landlord, promptly after shall not be responsible to Lessee or any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason other party for any reimbursement or other cost of such installation or removalimprovements.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Sources: Lease Agreement
Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. by Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord"Tenant's Property") shall be owned and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesinsured by Tenant. Tenant shall be responsible for the cost of remove all such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to Tenant's Property from the Premises by reason in accordance with the terms of such installation or removal.
c. Tenant shall indemnify Article XXXV hereof. Any and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or and improvements made by Tenant to the Premises, includingincluding any built-in furniture (collectively, but not limited to"Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, work not completed in a workmanlike manner and all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any contractor’s, mechanics’ time within six (6) months after the expiration or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term earlier termination of this Lease.
d. Should Lease or Tenant's right to possession, require Tenant to remove any contractor’sLeasehold Improvements performed by or for the benefit of Tenant and all electronic, mechanic’s or other liens be filed against any portion of phone and data cabling as are designated by Landlord (the Premises by reason of "Required Removables") at Tenant’s acts or omissions or because of a claim against Tenant's sole cost. In the event that Landlord so elects, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise remove such Required Removables within thirty ten (3010) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by Landlordsuch removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant shall fail fails to cancel remove any specified Required Removables or discharge said lien or liensto perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within said thirty five (305) day perioddays after demand from Landlord, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for any and all reasonable costs incurred in canceling or discharging such liens, including attorney fees by Landlord in connection with samethe Required Removables.
Appears in 1 contract
Sources: Office Lease (Symbion Inc/Tn)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. However, by written notice to Tenant at least 30 days prior to the Termination Date, Landlord may require Tenant, at its expense, to remove (a) any Cable (defined in Section 9.01) installed by or for the benefit of Tenant, and (b) any Identified Alterations or other objects Alterations installed after the date hereof that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without memorializing limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date, provided that, upon prior written notice delivered to Landlord at least 30 days before the Termination Date, Tenant may retain possession of the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables, in which event Tenant’s possession of the Premises during such proposed alterationsperiod shall be subject to all of the terms and conditions of this Lease, attachments, including the obligation to pay Base Rent and Additional Rent on a per diem basis at the rates in effect for the last month of the Term. Tenant shall repair damage caused by the installation or fixtures removal of Required Removables. If Tenant fails to perform its obligations in a Tenant work letter timely manner, Landlord may perform such work, in which event Tenant, within 30 days after receipt of written request (in form acceptable to together with an invoice) from Landlord) and obtaining Landlord’s prior written consent to same, shall reimburse Landlord for the reasonable cost incurred by Landlord for such work. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant shall have whether the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure Alteration or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodrequest, Landlord mayshall advise Tenant in writing as to which portions of the Alteration, at its sole optionif any, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samewill be Required Removables.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts Tenant, following the delivery of the Leased Premises “AS IS” without any agreementsby Landlord and the full and final execution and delivery of the Lease to which this Exhibit E-1 is attached and all prepaid rental, representationsthe Security Deposit and insurance certificates required under the Lease, understandings or obligations on shall have the part of Landlord right to perform any alterations, repairs or alterations and improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Leased Premises nor post or attach or affix to (the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same“Initial Alterations”). Notwithstanding the foregoing, Tenant and its contractors shall not have the right to make interior, non-structural alterations to perform the Initial Alterations in the Leased Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems unless and until Tenant has complied with all of the Premises; or (ii) decrease the value terms and conditions of Article 5 of the PremisesLease, including, without limitation, approval by Landlord of the final plans for the Initial Alterations and the contractors to be retained by Tenant to perform such Initial Alterations, and Exhibit E-2 attached hereto. Tenant shall be responsible for all elements of the cost design of such alterations or signs. Tenant shall have Tenant's plans (including, without limitation, compliance with law, functionality of design, the right to install its trade fixtures structural integrity of the design, the configuration of the Leased Premises and equipment inthe placement of Tenant's furniture, upon appliances and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Leaseequipment), and if so requested by Landlord, promptly after any termination 's approval of this Lease; and provided, further, that Tenant's plans shall in no event relieve Tenant shall promptly thereafter repair all damage caused of the responsibility for such design. In addition to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenantforegoing, Tenant shall cause be solely liable for all costs and expenses associated with or otherwise caused by Tenant's performance and installment of the same Initial Alterations (including, without limitation, any legal compliance requirements arising outside of the Leased Premises). Landlord's approval of the contractors to perform the Initial Alterations shall not be unreasonably withheld. The parties agree that Landlord's approval of the general contractor to perform the Initial Alterations shall not be considered to be canceled unreasonably withheld if any such general contractor (a) does not have trade references reasonably acceptable to Landlord, (b) does not maintain insurance as required pursuant to the terms of the Lease, (c) does not have the ability to be bonded for the work in an amount of no less than one hundred fifty percent (150%) of the total estimated cost of the Initial Alterations, (d) does not provide current financial statements reasonably acceptable to Landlord, (e) does not agree to comply with the terms and conditions of Exhibit E-2, or discharged (f) is not licensed as a contractor in the state/municipality in which the Leased Premises is located. Tenant acknowledges the foregoing is not intended to be an exclusive list of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail the reasons why Landlord may reasonably withhold its consent to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samea general contractor.
Appears in 1 contract
Sources: Office Space Lease Agreement (Extreme Networks Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord 8.01 All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, "Leasehold Improvements") shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, may remove any of Tenant's machinery or equipment which can be removed without damage to the Building. In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant's cost, to remove any Leasehold Improvements (whether or not made with Landlord's consent) prior to the Termination Date and to restore the Premises to their prior condition (such items which Landlord requires Tenant to remove as aforesaid collectively are referred to as "Required Removables"). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. In addition, Tenant shall ensure that the Premises are free of all unpleasant and objectionable odors. In no event, however, shall Tenant remove any of the following materials or equipment (which shall be deemed Landlord's property), without Landlord's prior written consent; unless the same shall have been installed by Tenant at its expense: any power wiring or wiring panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other objects without memorializing such proposed alterations, attachments, heating or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure air conditioning equipment; fencing or electrical, plumbing, or mechanical systems of the Premisessecurity gates; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlordsimilar building operating equipment. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodperform its obligations under this Section 8 in a timely manner, Landlord maymay perform such work at Xxxxxx's cost. Tenant, at its sole optionthe time it requests approval for a proposed Alteration, cancel may request in writing that Landlord advise Tenant whether the Alteration, or discharge any portion thereof, is a Required Removable. Within 10 days after receipt of Xxxxxx's request, Landlord shall advise Tenant in writing as to which portions of the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameAlterations are Required Removables.
Appears in 1 contract
Sources: Industrial Real Estate Lease Agreement (Aqua Power Systems Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable (defined in Section 9.01) installed by or other objects without memorializing such proposed alterationsfor the benefit of Tenant, attachmentsand (b) any Alterations that, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Following Landlord’s receipt of final, approved plans for the Initial Alterations (as defined in Exhibit C attached to this Lease) which plans are sufficient to obtain all required permits for the construction of the Initial Alterations, Tenant may request in writing and Landlord shall respond within 30 days following Landlord’s receipt of such written consent to samerequest, which items of the Initial Alterations, if any, shall be deemed Required Removables. Notwithstanding the foregoing, Tenant shall have not be required to remove at the right expiration or earlier termination of this Lease that portion of the Initial Alterations to make interiorBuilding 5 only which portion is constructed substantially in accordance with Exhibit J to this Lease (“Holding company Test-Fit Plan #3” prepared by RMW Architects) as reasonably and mutually determined by Landlord and Tenant. Required Removables shall include, non-without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations to and modifications. The designated Required Removables shall be removed by Tenant before the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the PremisesTermination Date. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to by the Premises by reason of such installation or removal.
c. removal of Required Removables. If Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating fails to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed perform its obligations in a workmanlike manner and any contractor’stimely manner, mechanics’ Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration is a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodrequest, Landlord may, at its sole option, cancel or discharge shall advise Tenant in writing as to which portions of the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameAlteration are Required Removables.
Appears in 1 contract
Leasehold Improvements. a. Commencing with the Demised Premises in their "as is" condition as of the date hereof, Landlord or its designated contractor shall install in the Demised Premises those initial improvements specified in final space plans and construction and engineering drawings approved by Landlord (the "Leasehold Improvements"). Landlord shall not be obligated to provide any improvements, and the Demised Premises shall be delivered containing no property of any kind, other than the Leasehold Improvements. Landlord or its contractor shall be available as reasonably required by Tenant accepts throughout the Premises “AS IS” without design construction process to provide Tenant with budgeting and value engineering assistance. Tenant shall pay all costs and expenses [including a fee for Landlord's construction management services in the amount of three percent (3%) of the cost of designing, engineering, purchasing and installing the Leasehold Improvements and the cost of any agreements, representations, understandings services provided by Landlord's architect or obligations on engineer] incurred in connection with the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions Leasehold Improvements to the Premises nor post or attach or affix to extent such costs and expenses exceed an allowance in the exterior amount of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures product of Twenty and 001100 Dollars ($20.00) multiplied by the number of square feet of rentable area contained within the Demised Premises (the "Allowance"). Except as provided in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingsentence which immediately follows this sentence, Tenant shall have not receive any credit, cash or otherwise, for any unused portion of the right Allowance. To the extent that the Allowance is not fully utilized in designing and constructing the Leasehold Improvements, Tenant shall be entitled to make interior, non-structural alterations use (a) up to the product of Five and 001100 Dollars ($5.00) multiplied by the number of square feet of rentable area contained within the Demised Premises without for the installation and removal of cabling, moving expenses and telecommunications equipment, and (b) up to the product of Seven and 001100 Dollars ($7.00) multiplied by the number of square feet of rentable area contained within the Demised Premises as a credit against Base Annual Rent. Tenant shall pay fifty percent (50%) of Landlord’s consent, so long as such alterations do not 's reasonable estimate of those costs and expenses (if any) which exceed the Allowance on or before the later to occur of (i) affect the structure or electrical, plumbingearlier to occur of (A) the date the preliminary space plan is prepared and delivered to Tenant, or mechanical systems (B) the date of Tenant's execution of the Premises; Lease, or (ii) decrease the value tenth (10th) day after the date Landlord gives Tenant notice of the PremisesLandlord's estimate of such expenses. Tenant shall be responsible for pay the cost remainder of such alterations or signsestimate within ten (10) days after Tenant's receipt of a notice stating that the Leasehold Improvements are fifty percent (50%) complete, as reasonably determined by Landlord. Tenant shall have pay for all such costs and expenses (minus any estimated payments made as aforesaid) when the right to install its trade fixtures Leasehold Improvements are substantially complete and equipment in, upon and about the Premises; provided, however, that Tenant receives a xxxx therefor. Tenant shall remove pay such xxxx, if any, no later than the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion earlier of the Premises by reason of Tenant’s acts Commencement Date or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty ten (3010) days after notice Tenant's receipt thereof. All amounts payable pursuant to this Exhibit by Landlord. If Tenant shall fail be considered Additional Rent and are subject to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameprovisions of the Lease.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingincluding any Alterations (collectively, but not limited to"Leasehold Improvements") shall remain upon the Premises at the end of the Term without compensation to Tenant, work not completed provided that Tenant, at its expense, in a workmanlike manner compliance with all applicable Laws, shall (a) close up any slab penetrations in the Premises and (b) remove Tenant installed Cable (as defined in this Lease), gas/tank lines and any contractor’sAlterations that, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term Landlord's reasonable judgment, are of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion a nature that would require removal and repair costs that are materially in excess of the Premises removal and repair costs associated with standard office improvements (such other items collectively are referred to as "Required Removables"). Tenant shall not be required to remove any of the improvements described in Exhibit C. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, supplemental HVAC units and equipment (however not including HVAC installed for the server room in the Premises), vaults, rolling file systems and structural alterations and modifications. The Tenant installed Cable and Required Removables shall be removed by reason Tenant within 10 days of Tenant’s acts the Expiration Date. At least 30 days prior to commencing the removal of any Cable or omissions Required Removables or because the closing of a claim against Tenantany slab penetrations, Tenant shall cause notify Landlord of its intention to remove such Cable or Required Removables or effect such closings, and provide to Landlord, for its approval, structural or other drawings describing the same to be canceled proposed removal, and if Landlord notifies Tenant within such 30 day period, Tenant shall not remove such Cable and/or Required Removables and/or close such slab penetrations, and the Cable and/or Required Removables not so removed shall become the property of Landlord upon the Expiration Date or discharged sooner termination of record the Term. Tenant shall repair damage caused by bond the installation or otherwise within thirty (30) days after notice by Landlordremoval of any Cable or Required Removables. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodperform its obligations in a timely manner, Landlord may, may perform such work at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameTenant's expense.
Appears in 1 contract
Sources: Lease Agreement (Summit Wireless Technologies, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults and rolling file systems. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any signs, air conditioners Required Removables or other objects without memorializing such proposed alterations, attachments, or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) Required Removables. Within 5 days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodreceipt of the final plans for the Landlord Work, Landlord mayshall advise Tenant in writing as to which portions of the Landlord Work, at its sole optionif any, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samewill be considered to be Required Removables.
Appears in 1 contract
Sources: Office Lease Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to time it requests approval for a proposed Alteration (defined in Section IX.C) and at the Premises without Landlord’s consent, so long as such alterations do not (i) affect time it submits the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible plans for the cost of such alterations Initial Improvements, may request in writing that Landlord advise Tenant whether the Alteration or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration or the Initial Alterations or any portion of the Initial Alterations will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts 's request, Landlord shall advise Tenant in writing as to which portions of the Alteration or omissions or because of a claim against Tenantthe Initial Alterations, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Sources: Office Lease Agreement (Zamba Corp)
Leasehold Improvements. a. 3.01 The following provisions shall apply to the construction of the Leasehold Improvements:
(a) All work involved in the completion of the Leasehold Improvements shall be carried out by Tenant accepts and its agents and contractors under the Premises “AS IS” without sole direction of Tenant, except that in the event that installation of any agreementsof the Leasehold Improvements affects, representationsconnects to or impacts the mechanical, understandings electrical or obligations on plumbing systems of the part Building or any space in the Building outside of the Leased Premises, Landlord's Representative (as described below) shall have full and absolute authority to stop or redirect the work as s/he deems necessary. Landlord shall cooperate with Tenant and its agents and contractors to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVEDpromote the efficient and expeditious completion of the Leasehold Improvements.
b. (b) Landlord shall be represented during the construction of the Leasehold Improvements by Property Manager ("Landlord's Representative"), who shall be given full and complete access to the Leased Premises and the Construction Documents while the Leasehold Improvements are being constructed. Tenant's agents and contractors shall cooperate fully with all requests of Landlord's representative.
(c) Tenant agrees that it will make no exterior or structural alterations or additions to construct the Premises nor post or attach or affix to Leasehold Improvements in accordance with the exterior construction Documents, and in compliance with all applicable building and safety codes. Tenant shall complete the construction of the PremisesLeasehold Improvements with as little disruption or interference as possible with the other tenants of the Building. Specifically, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding limiting the foregoing, Tenant shall have the right to make interior, non-structural alterations not block access to the Premises Building, obstruct walkways or parking spaces, or tie up passenger elevators, without first receiving Landlord’s 's prior written consent, so long as such alterations do not (i) affect nor shall Tenant cause any fire or safety hazards during the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalconstruction.
c. (d) Tenant shall indemnify hereby indemnifies and hold holds Landlord and its agents harmless from any and against all costs (including reasonable attorneys’ fees damages or injury to person and costs of suit), losses, liabilities, or causes of action property arising out of or relating to any alterations, additions or improvements made by Tenant related to the Improvements being performed to the Leased Premises, includingexcluding damage or injury caused by the acts, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ omissions or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive gross negligence on the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion part of the Premises by reason of Tenant’s acts Landlord or omissions or because of a claim against Tenant, its agents. Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for any expenses incurred by Landlord in making repairs to the Leased Premises or other areas of the Project or Building outside the Leased Premises, arising out of or related to the Improvements being performed hereunder.
3.02 If there are any changes in the Leasehold Improvements requested by, or on behalf of, Tenant from the work as reflected in the Construction Documents, each Such change must receive the prior written approval of Landlord, and Tenant shall bear the cost of all reasonable costs incurred such changes.
3.03 Tenant shall not commence construction of any work in canceling or discharging such liensthe Leased Premises until (a) Landlord has approved the Construction Documents and the Final cost for the construction of the Leasehold Improvements as required by the provisions hereof, including attorney fees and (b) Landlord shall have received Tenant's advance payment in connection with samean amount equal to the Tenant's Share, if any.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts Upon the Premises “AS IS” without any agreements, representations, understandings expiration or obligations on the part earlier termination of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to remove from the Premises all of Tenant's laboratory and related equipment, fixtures, trade fixtures, inventory and removable personal property which has been installed and paid for by Tenant (collectively, "Tenant's FF&E"), provided that Tenant returns the Premises to Landlord broom clean, and in good order, condition and repair, ordinary wear and tear and damage by fire and other casualty for which Landlord is required to make interior, non-structural alterations repairs hereunder excepted. All improvements (other than Tenant's FF&E) to the Premises (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord’s consent, so long as such alterations do not by written notice to Tenant within 30 days prior to the Termination Date, may require Tenant to remove, at Tenant's expense: (i1) affect Cable (defined in Section IX.A) installed by or for the structure exclusive benefit of Tenant and located in the Premises or electrical, plumbing, or mechanical systems other portions of the PremisesProject; (2) any Leasehold Improvements that are performed by or (ii) decrease for the value benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the Premisesremoval and repair costs associated with improvements to buildings of this kind; and (3) all laboratory equipment, benches, laboratory casework, hoods, cleanrooms, lab walls and equipment yard (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Project. The Required Removables designated by Landlord shall be responsible removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the cost sole purpose of such alterations or signs. Tenant removing the Required Removables and Tenant's FF&E. Tenant's possession of the Premises shall have be subject to all of the right to install its trade fixtures terms and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or removal of Required Removables or the Tenant's FF&E. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and if so requested dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, promptly after any termination of this Lease; and providedTenant, further, that Tenant shall promptly thereafter repair all damage caused to at the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs time it requests approval for a proposed Alteration (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), lossesor the Initial Alterations (defined in Exhibit D) may request in writing that Landlord advise Tenant whether the Alteration or the Initial Alterations, liabilitiesas the case may be, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration or the Initial Alterations, as the case may be, will constitute a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period's request, Landlord mayshall reasonably advise Tenant in writing as to which portions of the Alteration or the Initial Alterations, at its sole optionas the case may be, cancel or discharge the same and upon Landlord’s demandif any, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samewill constitute Required Removables.
Appears in 1 contract
Sources: Lease Agreement (Aerogen Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, shall remove any Cable (defined in Section 9.01 below), unless Landlord directs Tenant to leave such Cable in place as of the Termination Date. Tenant, at Tenant’s expense, shall remove any internal stairways, data centers, raised floors, personal baths and showers, vaults, rolling file systems, the Concrete Pads (defined in Section 9.04), and any portion(s) of the Cafeteria and/or Fitness Center other than in the location of the Cafeteria and/or Fitness Center, respectively, as of the Effective Date (collectively, the “Required Removables”) before the Termination Date. Tenant shall repair damage caused by the installation or other objects without memorializing removal of Required Removables. If Tenant fails to perform its obligations under this Article 8 in a timely manner, Landlord may perform such work at Tenant’s expense. Landlord shall, at the time it provides its approval for any proposed alterationsAlteration, attachmentsincluding any Initial Alterations, as such terms may be defined in the Work Letter attached as Exhibit C, advise Tenant in writing whether the particular Alteration, including any Initial Alterations, or fixtures in any portion thereof, will be included as a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingRequired Removable, provided, however, Tenant shall have remove the right to make interior, non-structural alterations Required Removables listed above in accordance with this Article 8 without further notification from Landlord unless prior to the Premises without Landlord’s consent, so long Termination Date Landlord directs Tenant to leave any of such Required Removables in place as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease Termination Date. Notwithstanding anything contained herein to the value of the Premises. contrary, in no event shall Tenant shall be responsible for the cost removal of such alterations or signs. Tenant shall have any supplemental HVAC units previously installed at the right to install its trade fixtures and equipment in, upon and about Property by Catamaran at the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion end of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameTerm.
Appears in 1 contract
Sources: Office Lease Agreement (Baxalta Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) Any and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or and improvements made by Tenant to the Premises, includingall attached furniture, but not limited toequipment and non-trade fixtures (collectively, work not completed in a workmanlike manner "Leasehold Improvements") shall be owned and any contractor’sinsured by Landlord and shall remain upon the Premises, mechanics’ all without compensation to Tenant. Any unattached and movable equipment or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’sfurniture, mechanic’s trade fixtures or other liens personalty ("Tenant's Property") shall be filed against owned and insured by Tenant. Landlord may, nonetheless, at any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise time within thirty (30) days after the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by Landlordsuch removal and perform such other work as is reasonably necessary to restore the Premises to a reasonably good condition less normal wear and tear. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodremove the Required Removables after Landlord's request therefor, Landlord maymay remove, store or dispose of the Required Removables at its sole optionTenant's cost, cancel or discharge the same and upon Landlord’s repair any damage caused by such removal and Tenant shall pay Landlord as additional Rent hereunder, on demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samecosts.
Appears in 1 contract
Sources: Office Lease (First Capital Income Properties LTD Series Xi)
Leasehold Improvements. a. (a) Tenant hereby accepts the Premises “AS ISas-is” without any agreementssubject to Landlord’s obligation to deliver the Premises in compliance with Exhibit C attached hereto. Tenant hereby agrees that the provisions of Exhibit D shall govern the construction of Tenant’s initial leasehold improvements. Once construction of the improvements has commenced and subject to Section 9.02(1) herein, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to construct the Premises nor post or attach or affix improvements in a commercially reasonable and diligent manner in accordance with Exhibit D attached hereto. Landlord agrees to the exterior of deliver the Premises, at Landlord’s expense, in Base Building Condition, as defined in Exhibit C attached hereto, on the Effective Date.
(b) Notwithstanding any signslanguage contained herein or in Exhibit D to the contrary, air conditioners if for any reason the Premises should not be ready for occupancy by the Commencement Date, Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof, however, the respective Rental Commencement Dates shall be extended on a day-for-day basis for each day of Landlord Delay, subject to the terms of Exhibit D.
(c) Except for Permitted Alterations (as defined below), Tenant shall not make or allow to be made any improvements, alterations or physical additions in or to the Premises, or place safes, vaults or other objects heavy furniture or equipment within the Premises, without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and first obtaining Landlord’s prior the written consent of Landlord which consent shall not be unreasonably withheld so long as said alterations are not unsightly from outside the Premises. Tenant shall deliver to sameLandlord a copy of the “as-built” plans and specifications for all alterations or physical additions so made in or to the Premises. Notwithstanding the foregoing, Tenant shall have the right to make interiornon-structural, non-structural MEP (mechanical, electrical, plumbing) alterations to (including painting and carpeting) without the Premises without Landlord’s consentconsent of Landlord (“Permitted Alterations”), so long as (i) Tenant notifies Landlord in writing of its intention to do such work at least ten (10) days prior to the initiation of such work, (ii) if any are prepared, Tenant provides to Landlord a copy of plans and specifications for such work, a construction schedule and a list of contractors and subcontractors, (iii) such 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 required building permits and certificates of occupancy, if any are required. Subject to Landlord’s reasonable prior approval of such improvements as part of Tenant’s Construction Documents, Landlord hereby acknowledges and agrees that Tenant shall be entitled to make improvements to the portion of the Building fire stairways that connect any floors occupied solely by Tenant. Such improvements may include, without limitation, paint, wallcoverings, carpeting or other floor covering, decorative railing, upgraded lighting and upgraded ceilings. Any and all such improvements shall be subject to compliance with applicable Building code requirements.
(d) Approval by Landlord of any of Tenant’s drawings and plans and specifications prepared in connection with any alterations, improvements, modifications or additions to the Premises or the Project shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or alterations, improvements, modifications or additions to which they relate, for any use, purpose or conditions, but such approval shall merely be the consent of Landlord as required hereunder. Any and all furnishing, equipping and improving of or other alteration and addition to the Premises shall be: (i) affect made at Tenant’s sole cost, risk and expense, and Tenant shall pay for Landlord’s actual third-party, out-of-pocket costs incurred to review the structure plans and specifications for any such alterations or electrical, plumbing, or mechanical systems of the Premisesadditions; or (ii) decrease performed in a prompt, good and workmanlike manner with labor and materials of such quality as Landlord may reasonably require; (iii) constructed in accordance with all plans and specifications approved in writing by Landlord prior to the value commencement of any such work (except for Permitted Alterations), which approval shall not be unreasonably withheld, conditioned or delayed; (iv) prosecuted diligently and continuously to completion so as to cause no interference with the normal business operations of other tenants in the Building, the performance of Landlord’s obligations under this lease or any mortgage or ground lease covering or affecting all or any part of the PremisesBuilding or the Land and any work being done by contractors engaged by Landlord with respect to or in connection with the Building; (v) performed by contractors approved in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; and (vi) Tenant shall obtain and furnish Landlord with a copy of the DeKalb County building permit and certificate of occupancy if required for any such improvement, and Tenant shall have no (and hereby waives all) right to payment or compensation for such building permit or certificate of occupancy. Tenant shall be responsible for the cost notify Landlord upon completion of such alterations, improvements, modifications or additions and Landlord shall inspect same for workmanship and compliance with the approved plans and specifications. Tenant and its contractors shall comply with all reasonable requirements Landlord may impose on Tenant or its contractors with respect to such work (including but not limited to, insurance, indemnity and bonding requirements), and shall deliver to Landlord a complete copy of the “as-built” or final plans and specifications for all alterations or signsphysical additions so made in or to the Premises (except for Permitted Alterations) within thirty (30) days of completing the work. Landlord will not be entitled to any construction management fee in connection with any Permitted Alterations but will be entitled to charge a five percent (5%) construction management fee for any other alterations, physical additions, modifications or improvements in or to the Premises for which Tenant selects Landlord to supervise such work.
(e) All alterations, physical additions, modifications or improvements in or to the Premises (including fixtures) shall, when made, become the property of Landlord and shall have the be surrendered to Landlord upon termination or expiration of this lease or termination of Tenant’s right to install its trade fixtures and equipment in, upon and about occupy the Premises, whether by lapse of time or otherwise, without any payment, reimbursement or compensation therefor; provided, however, that (i) Tenant shall retain title to and shall remove from the Premises movable equipment or furniture owned by Tenant, and (ii) Tenant repairs any damage caused thereby. Notwithstanding any of the foregoing to the contrary, Landlord shall have the right to require Tenant to remove any fixtures or leasehold improvements, alterations, additions or improvements including, without limitation, Tenant’s initial improvements to the Premises which are of a type not customary for normal office buildout (e.g., raised flooring, safes or vaults, dining rooms, etc.) including, without limitation, any cabling located outside of the Premises which shall include any cabling in the Building risers, chase, or between floors; provided, however, Landlord may only require such removal upon expiration or earlier termination of this lease if Landlord notified Tenant at the time Landlord approved Tenant’s plans that removal would be required. Landlord shall not have the right to require Tenant to remove standard office cabling or other computer or communication wiring that is located solely in the Premises. If Tenant does not remove such alterations, additions or improvements which Landlord is entitled to and requires Tenant to remove, Landlord has the right to remove the same on or before the expiration of this Lease, at Tenant’s sole cost and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalexpense.
c. (f) Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialmanmaterialmen’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. (g) Tenant shall have no power to act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the reversion or other estate of Landlord, the Project or the Premises. Should any contractor’s, mechanic’s or other liens liens, however, be filed against any portion of the Premises Project by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled cancelled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liensliens by bonding or otherwise in accordance with Georgia law, within said thirty (30) day 30)-day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs actually incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Sources: Lease Agreement (Homebanc Corp)
Leasehold Improvements. a. Tenant accepts shall comply with the Tenant improvement schedule attached hereto and made a part hereof as Exhibit "B". The Leased Premises “AS IS” without shall be remodeled and improved in accordance with Exhibit "B" and plans and specifications submitted and signed by Tenant. Landlord shall provide Tenant with a finish allowance of $15.00/square foot of Net Rentable Area ($111,405.00), plus demolition as set forth on Exhibit B-2 (the "Allowance"), to include space planning and design, construction, relocation costs, architectural and construction management, and MEP drawings. The Allowance shall include costs for demolition of partitions as shown on Exhibit "B-2" attached hereto. After receipt of the approved working drawings and pricing letter agreement described in said Exhibit "B", Landlord will partition and prepare said Leased Premises in accordance therewith; however, Landlord shall not be required to install any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs partitions or improvements except as expressly set forth which are not in this Leaseconformity with the plans and specifications for the Building or which are not approved by Landlord or Landlord's architect, and Landlord shall be required to bear the expense of installing only the items listed in Exhibit "B" hereto which can be installed at a cost not to exceed the Allowance. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior All installations in excess of the PremisesAllowance ("Tenant's Costs") shall be for Tenant's account, any signsand Tenant shall pay, air conditioners or other objects without memorializing such proposed alterationsas additional rent hereunder, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord, an amount therefor equal to Landlord's actual cost thereof, including associated architectural and engineering fees, if any, plus an additional charge of fifteen percent (15%) and obtaining Landlord’s prior written consent to samecover overhead, promptly upon being invoiced therefor. Notwithstanding the foregoingAdditionally, Tenant shall have the right pay all ad valorem taxes and increased insurance premiums that are payable on account of any of Tenant's improvements that are in addition to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not those items (ior quantities thereof) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesdescribed on Exhibit "B" hereto. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made Failure by Tenant to the Premises, including, but not limited to, work not completed pay any sums described in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted this Section 3.01 in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise full within thirty (30) days after notice its receipt of an invoice therefor will constitute failure to pay rent when due and an event of default by Tenant hereunder, giving rise to all remedies available to Landlord under this Lease and at law for nonpayment of rent. It is stipulated that time is of the essence in connection with Tenant's compliance with the terms of Exhibit "B". Landlord may make insubstantial changes in its preparation of the Leased Premises without Tenant's approval. Landlord may make substantial changes in its preparation of the Leased Premises only with Tenant's approval, which approval shall not be unreasonably withheld. Upon completion by Landlord of the work to be performed by it in preparation of the Leased Premises substantially in accordance with Exhibit "B", Landlord will tender possession of such premises to Tenant, and Tenant will accept and occupy the Leased Premises, if completed pursuant to Exhibit "B", subject to punch list items which Landlord will complete as soon as reasonably possible. The work to be performed by Landlord in the preparation of the Leased Premises shall be deemed to have been completed substantially in accordance with Exhibit "B", notwithstanding that adjustments may be required to be made by Landlord in its work and that minor items of Landlord's work have not been fully completed, so long as Tenant would be able to use the Leased Premises for the purpose provided hereunder upon performance of Tenant's own construction and installation of its fixtures and equipment. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Completion substantially in accordance with Exhibit "B" by Landlord may, at its sole optionbut need not be, cancel evidenced by a certificate of completion or discharge the same and upon certificate of substantial completion issued by Landlord’s demand's architect. Subject to Section 3.03, after such tender of possession by Landlord, Tenant may enter the Leased Premises under all the terms and conditions of this Lease (except that no rental shall promptly reimburse be payable until the commencement of the term as specified in Article 4 hereof) for the purpose of performing its construction work in the Leased Premises and installing its fixtures. Entry into possession by Tenant will constitute acknowledgment by Tenant that the Leased Premises are in the condition called for by this Lease and that Landlord for has performed all reasonable costs incurred in canceling or discharging such liensof Landlord's visible obligations relating to preparation of the Leased Premises, including attorney fees in connection with samebut subject to punch list items.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts A. Except as otherwise specifically provided elsewhere in this Lease or in the Work Letter Agreement, if any, attached hereto as Exhibit C and incorporated herein, all installations and improvements now or hereafter placed on or in the Premises “AS IS” without any agreementsby Landlord shall be for Tenant's account and at Tenant's cost, representations, understandings or obligations on the part of which cost shall be payable by Tenant to Landlord to perform any upon demand as additional Rent.
B. Any and all alterations, repairs or additions and improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signsall attached furniture, air conditioners equipment and non-trade fixtures (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Any unattached and movable equipment or furniture, trade fixtures or other objects without memorializing such proposed alterationspersonalty of Tenant ("Tenant's Property") shall be owned and insured by Tenant. Landlord may, attachmentsnonetheless, require Tenant to remove any Leasehold Improvements performed by or fixtures in a for the benefit of Tenant work letter and all electronic, phone and data cabling as are designated by Landlord (in form acceptable to Landlordthe "Required Removables") and obtaining Landlord’s prior written consent to sameat Tenant's sole cost. Notwithstanding In the foregoingevent that Landlord so elects, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as remove such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same Required Removables on or before the expiration of this Lease, and if so requested by Landlord, promptly after any or earlier termination of this Lease; Lease and provided, further, that Tenant shall promptly thereafter repair all any damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodremove the Required Removables after Landlord's request therefor, Landlord maymay remove, store or dispose of the Required Removables at its sole optionTenant's cost, cancel or discharge the same and upon Landlord’s repair any damage caused by such removal and Tenant shall pay Landlord as additional Rent hereunder, on demand, all such costs. Landlord shall not require Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging to remove any usual office improvements such liensas gypsum board, including attorney fees in connection with samepartitions, ceiling grids and tiles, fluorescent lighting panels, building standard doors and carpeting.
Appears in 1 contract
Sources: Office Lease (Tenera Inc)
Leasehold Improvements. a. The Tenant accepts may make Leasehold Improvements provided that:
(a) the Premises “AS IS” without Tenant shall furnish the Landlord with professionally prepared plans and specifications therefore;
(b) such plans and specifications shall be approved by the Landlord and, at its election, any agreements, representations, understandings or obligations on Expert;
(c) the part Tenant shall advise the Landlord of the identity of its contractors and tradesmen and their respective labour affiliations;
(d) the Landlord shall either approve any contractors proposed by the Tenant to perform any alterationswork which may affect the structure, repairs the walls or improvements except as expressly set forth the systems of the Building or require that any such work be performed by either the Landlord or its contractors in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. which case the Tenant agrees that it will make no exterior or structural alterations or additions shall pay the Landlord's Cost on account thereof; the Landlord may refuse to allow the contractors and tradesmen of the Tenant access to the Premises nor post Building if their labour affiliations may conflict with those of the Landlord or attach those employed by it or affix if they are not competent;
(e) the Tenant shall produce evidence satisfactory to the exterior Landlord as to the existence of all necessary permits and sufficient insurance coverage;
(f) the Tenant shall pay the Landlord's Cost on account of the Premisesfees of any Expert appointed to review the plans and specifications whether or not the work proceeds;
(g) construction of the Leasehold Improvements shall be performed in accordance with the plans and specifications submitted to the Landlord and, where applicable, approved by the Landlord, subject to any signs, air conditioners conditions or other objects without memorializing such proposed alterations, attachments, or fixtures regulations imposed by the Landlord and in a good and workmanlike and expeditious manner using good quality materials;
(h) the Landlord may inspect construction as it proceeds (the onus being on the Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding advise the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, Landlord whenever any phase has been completed so long as such alterations do not that an inspection can be made); and
(i) affect if the structure or electrical, plumbing, or mechanical systems Tenant fails to observe any of the Premises; or (ii) decrease requirements of this section the value Landlord may require that construction stop and that the Premises be restored to their prior condition failing which the Landlord may do so and the Tenant shall pay the Landlord's Cost on account thereof. Upon installation of any Leasehold improvements, such Leasehold Improvements shall become the property of the Premises. Landlord and shall not be removed by the Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; except as hereinafter provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Sources: Lease Agreement (Pcsupport Com Inc)
Leasehold Improvements. a. Tenant accepts
(a) All Leasehold Improvements shall immediately upon their placement become the Landlord’s property without compensation to the Tenant. Subject to Sections 3.6(b) and 3.6(c), upon the termination of this Lease, all Leasehold Improvements in the Premises “AS IS” shall remain upon and be surrendered with the Premises as a part thereof without disturbance, molestation or injury to them and any agreementstrade fixtures not removed by the Tenant by the expiration or sooner termination of this Lease shall be the property of the Landlord absolutely, representationsfree of any liens or encumbrances and without payment therefor to the Tenant.
(b) The Landlord may, understandings by notice to the Tenant prior to or obligations on promptly after the termination of this Lease, require the removal, at the expense of the Tenant, of any or all of the Leasehold Improvements and require the Tenant to restore the Premises, and any other part of Landlord the Development affected thereby, to perform the condition in which they existed prior to the installation and removal of the foregoing and to repair forthwith of any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions damage to the Premises nor post or attach the Development caused by such removal, such work to be done forthwith by or affix at the direction of the Landlord and at the expense of the Tenant. Such removal and repair shall be completed if reasonably possible by the date of termination of this Lease and otherwise promptly thereafter. If the Tenant does not remove the Leasehold Improvements prior to the exterior expiry or earlier termination of the PremisesTerm, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant Landlord shall have the right to make interior, non-structural alterations do so and the Tenant shall pay to the Premises without Landlord’s consentLandlord on demand, so long as such alterations do not Additional Rent, all costs incurred by the Landlord in connection therewith, plus an administration fee of fifteen percent (i15%) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or costs.
(iic) decrease Notwithstanding anything herein contained, provided the value of Tenant has paid the Premises. Rent hereby reserved and performed and observed all the covenants and conditions herein contained, the Tenant shall be responsible for have, at the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration termination of this Lease, and if so requested by Landlordthe right to remove the Tenant’s Property provided that the Tenant repairs promptly following such removal, promptly after at its own expense, any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises or the Development caused by reason such removal, such work to be done by or at the direction of the Landlord and at the expense of the Tenant. If the Tenant does not remove the Tenant’s Property prior to the expiry or earlier termination of the Term, such installation Tenant’s Property shall, at the option of the Landlord, be deemed abandoned and become the property of the Landlord and may be removed from the Premises and sold or removal.
c. disposed of by the Landlord in such manner as it deems advisable and the Tenant shall indemnify and hold pay to the Landlord harmless from and against on demand, as Additional Rent, all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made incurred by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted Landlord in connection therewith. This indemnification obligation shall survive the Term , plus an administration fee of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion fifteen percent (15%) of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.costs.
Appears in 1 contract
Sources: Lease Agreement
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. However, air conditioners it is agreed that Required Removables shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors, non-glued down carpeting and any of the Landlord Work (as described in Exhibit D attached hereto). The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsAll Leasehold Improvements shall, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth provided in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to remain upon the Premises nor post or attach or affix to at the exterior end of the Premises, any signs, air conditioners Term without compensation to Tenant. “Leasehold Improvements” shall mean and include all Initial Tenant Work and other leasehold improvements from time to time existing in or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and including without limitation any contractor’s, mechanics’ such leasehold improvements (if any) that exist as of the applicable delivery date or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive Term Commencement Date under this Lease or that are made by or for the benefit of Tenant (or any party acting under or through Tenant) before the Term of this Lease.
d. Should any contractor’s, mechanic’s Commencement Date or other liens be filed against any portion of thereafter from time to time during the Premises by reason of Term. Leasehold Improvements shall expressly exclude Tenant’s acts or omissions or because Property which shall remain the property of a claim against TenantTenant unless otherwise expressly agreed to by Landlord and Tenant in writing. Landlord, by written notice to Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within at least thirty (30) days prior to the Term Expiration Date, may require Tenant, at Tenant’s expense, to remove any Initial Tenant Work or other Leasehold Improvements or other affixed installations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard improvements for the Permitted Use (“Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, private baths and showers, vaults, rolling file systems, structural alterations and modifications and any Cable installed by or on behalf of Tenant. Tenant, at the time it requests approval for a proposed Alteration, including any Initial Tenant Work, as such terms may be defined in the Work Letter attached as Exhibit C, may request in writing that Landlord advise Tenant whether the Alteration, including any Initial Tenant Work, or any portion thereof, is a Required Removable. Within ten (10) Business Days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodreceipt of Tenant’s request, Landlord may, at its sole option, cancel shall advise Tenant in writing as to which portions of the Alteration or discharge other Leasehold Improvements are Required Removables. The Required Removables shall be removed by Tenant before the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred expiration or earlier termination of this Lease in canceling or discharging such liens, including attorney fees in connection accordance with sameArticle 20.
Appears in 1 contract
Sources: Lease Agreement (Icosavax, Inc.)
Leasehold Improvements. a. Tenant accepts Any trade fixtures, equipment, personal property, furnishings, art and furniture, or other personalty brought into the Premises “AS IS” by Tenant ("Tenant's Property") which can be removed without any agreements, representations, understandings or obligations on material damage to the part Building shall be owned and insured by Tenant. Tenant shall remove all such Tenant's Property from the Premises in accordance with the terms of Landlord to perform any Article XXXV hereof. Any and all alterations, repairs or additions and improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including the Initial Alterations (as defined in Exhibit C), including any signsbuilt-in furniture other than Tenant's Property (collectively, air conditioners "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or other objects without memorializing such proposed alterationscredit to Tenant. Except as provided below, attachmentsLandlord may, nonetheless, at any time within six (6) months after the expiration or fixtures in a earlier termination of this Lease or Tenant's right to possession, require Tenant work letter to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (in form acceptable to Landlordthe "Required Removables") and obtaining Landlord’s prior written consent to sameat Tenant's sole cost. Notwithstanding In the foregoingevent that Landlord so elects, Tenant shalt remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall have Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value possession of the Premises. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any material damage caused by such removal. If Tenant fails to remove any specified Required Removables or to perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within ten (10) days after demand from Landlord, shall reimburse Landlord for any and all reasonable costs incurred by Landlord in connection with the Required Removables. Notwithstanding any provisions to the contrary, the Tenant shall not be responsible obligated to remove any of its Initial Alterations unless Landlord, within ten (10) days after the date on which it approves Tenant's final plans for the cost of Initial Alterations, notifies Tenant in writing that such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilitiesInitial Alterations, or causes applicable portion thereof, must be removed at the end of action arising out of or relating the Lease Term. In addition, with respect to any alterations, additions or improvements made performed by or on behalf of Tenant subsequent to the Initial Alterations, Tenant may request in writing at the time it submits its plans and specifications for such alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to the Premisesremove, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term at tr~e termination of this Lease.
d. Should Lease or Tenant's right to possession hereunder, SUCh alteration, addition or improvement, or any contractor’s, mechanic’s or other liens be filed against any particular portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, thereof and Landlord shall advise Tenant shall cause the same to be canceled or discharged of record by bond or otherwise in writing within thirty ten (3010) days after notice by Landlord. If Tenant shall fail receipt of Tenant's request as to cancel or discharge said lien or lienswhether Landlord will require removal; provided, within said thirty (30) day periodhowever, Landlord mayshall not require Tenant to remove any usual office improvements such as gypsum board, at its sole optionpartitions, cancel or discharge the same ceiling grids and upon Landlord’s demandtiles, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liensfluorescent lighting panels, including attorney fees in connection with same.building standard doors and carpeting that is not glued down 15
Appears in 1 contract
Sources: Office Lease (Trenwick Group Inc)
Leasehold Improvements. a. All Initial Tenant accepts Work and other leasehold improvements from time to time made in and to the Premises (collectively, “AS IS” without any agreementsLeasehold Improvements”) shall, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth provided in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to remain upon the Premises nor post or attach or affix to at the exterior end of the PremisesTerm without compensation to Tenant. Except as otherwise set forth hereinbelow in connection with any Required Removables Notice (as defined below), any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that by written notice to Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within given at least thirty (30) days prior to the Term Expiration Date, may require Tenant, at Tenant’s expense, to remove any Initial Tenant Work or other Leasehold Improvements or other affixed installations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, private baths and showers, vaults, rolling file systems and structural alterations and modifications. Tenant, at the time it requests approval for a proposed Alteration, including any Initial Tenant Work, may request in writing that Landlord advise Tenant whether the Alteration, including any Initial Tenant Work, or any portion thereof, is a Required Removable. Within ten (10) Business Days after notice by Landlord. If receipt of Tenant’s request and true and complete copies of the proposed plans and specifications for such proposed alterations or other improvements (including any Initial Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodWork), Landlord may, at its sole option, cancel shall advise Tenant in writing as to which portions of the alteration or discharge other improvements are Required Removables (a “Required Removables Notice”). The Required Removables shall be removed by Tenant before the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred expiration or earlier termination of this Lease in canceling or discharging such liens, including attorney fees in connection accordance with sameSection 20.
Appears in 1 contract
Sources: Office Lease Agreement (Atea Pharmaceuticals, Inc.)
Leasehold Improvements. a. Tenant accepts Any improvements to be made to the Premises “AS IS” without any agreementsother than the Landlord's Work as described in Section 3.1 above are herein referred to as the "Leasehold Improvements". Immediately after the execution hereof, representationsLandlord and Tenant will cooperate with one another to prepare final plans and specifications for the construction and installation of the Leasehold Improvements. Such final plans and specifications, understandings when approved in writing by Landlord and Tenant, shall be attached to this Lease as Exhibit "C-1" and shall become a part hereof. No failure or obligations refusal on the part of Landlord Tenant to perform any alterations, repairs approve final plans and specifications within a reasonable time after the execution hereof shall render this Lease void or improvements except as expressly voidable nor shall it delay the Commencement Date set forth in this LeaseArticle I(d) hereof. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. No delay caused by Tenant agrees that it will make no exterior during the construction or structural alterations or additions to the Premises nor post or attach or affix to the exterior installation of the Premises, any signs, air conditioners or other objects without memorializing Leasehold Improvements shall delay the Commencement Date of this Lease from what it would have been had such proposed alterations, attachments, or fixtures in a delay not occurred. Landlord and Tenant work letter acknowledge that Landlord has computed the Basic Rental by budgeting an allowance of $600,000.00 (in form acceptable the "Allowance") for the Leasehold Improvements to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of be constructed within the Premises. Landlord and Tenant shall be responsible acknowledge that the Allowance is not a firm budget nor final estimate of costs. Upon mutual approval of the final plans and specifications, Landlord agrees to obtain competitive bids for the cost of such alterations or signsthe Leasehold Improvements from no fewer than three (3) of the contractors listed on Schedule I attached hereto and made a part hereof. Landlord will provide to Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; providedcopies of any bids received by Landlord. It is understood, however, that Landlord need not necessarily select the contractor providing the lowest bid; however, unless Landlord provides Tenant a reasonable basis for rejecting the lowest bid, Landlord will select the contractor providing the lowest bid. Landlord shall promptly inform Tenant of Landlord's selection of the contractor and the final cost of the Leasehold Improvements. Should the total cost of the Leasehold Improvements exceed the Allowance, the Tenant shall remove pay such excess, in cash, to Landlord within ten (10) days following the same on or before date Landlord informs Tenant of such excess, and Landlord will not be required to commence construction of the expiration Leasehold Improvements until Tenant pays such Initial: ________ excess to Landlord. Any delay in Landlord's commencement of construction resulting from Tenant's failure to pay such amount to Landlord as required herein shall not delay the Commencement Date of this LeaseLease from what is would have been had such delay not occurred. Should the total cost of the Leasehold Improvements be less than the Allowance, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that the Tenant shall promptly thereafter repair all damage caused be entitled to receive such amount by crediting the first installment(s) of Basic Rental due to the Premises by reason of such installation or removalLandlord following the Abatement Period (as defined in Section 4.1 hereof).
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Following completion of Landlord’s Work (defined in Exhibit C hereto) and Tenant’s acceptance of the Premises from Landlord, subject to the “punch list” items and latent defects identified in accordance with Section 1(b) above, Tenant accepts the Premises same “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASELEASE (INCLUDING ALL EXHIBITS), LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASEHOLD IMPROVEMENTS OR TO LANDLORD’S WORK, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant shall be entitled to a Tenant Improvement Allowance (defined and set forth in Exhibit C). Notwithstanding the Tenant Improvement Allowance, Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Except as may be covered by Tenant’s Improvement Allowance, Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Sources: Triple Net Office Lease Agreement (Franklin Financial Network Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date (or at least 90 days prior to the Termination Date if Tenant requests in writing at least 100 days prior to the Termination Date that Landlord provide such written notice to Tenant on or before such 90 day period) require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables, but in no event shall any such holdover in the Premises constitute or other objects without memorializing such proposed alterationscreate a tenancy-at-will under existing applicable law. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, attachments, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or fixtures removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), including any Initial Alterations (as defined in EXHIBIT D), may request in writing that Landlord advise Tenant shall have whether the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure Alteration or electrical, plumbing, or mechanical systems any portion of the Premises; or (ii) decrease the value of the Premises. Tenant shall Alteration must be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, removed upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided. Within 10 days after receipt of Tenant's request, furtherLandlord shall advise Tenant in writing as to which portions of the Alteration, that Tenant shall promptly thereafter repair all damage caused if any, will be required to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term be removed upon termination of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingincluding any Alterations (defined in Section 9.03) (collectively, but not limited to“Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, work not completed provided that Tenant, at its expense, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant’s expense, to remove any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a workmanlike manner and timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, including any contractor’sInitial Alterations or Landlord Work, mechanics’ as such terms may be defined in the Work Letter attached as Exhibit C, may request in writing that Landlord advise Tenant whether the Alteration, including any initial Alterations or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’sLandlord Work, mechanic’s or other liens be filed against any portion of the Premises by reason thereof, is a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodrequest, Landlord may, at its sole option, cancel shall advise Tenant in writing as to which portions of the alteration or discharge other improvements are Required Removables. Landlord hereby agrees that none of the same and upon Landlord’s demand, Tenant Leasehold Improvements existing in the Premises as of the date of this Lease shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameconstitute Required Removables.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, in compliance with the National Electric Code or other objects applicable Law, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). Required Removables shall include, without memorializing limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed alterationsAlteration, attachmentsincluding any Initial Alterations or Landlord Work, as such terms may be defined in the Work Letter attached as Exhibit C, may request in writing that Landlord advise Tenant whether the Alteration, including any Initial Alterations or Landlord Work, or fixtures any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in a Tenant work letter (in form acceptable writing as to Landlord) and obtaining Landlord’s prior written consent to samewhich portions of the alteration or other improvements are Required Removables. Notwithstanding the foregoing, Tenant shall have the right not be required to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems remove any portion of the Premises; or (ii) decrease Landlord Work shown on the value Plans as of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration date of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of as such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed terms are defined in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.Exhibit C.
Appears in 1 contract
Sources: Office Lease Agreement (Neurobiological Technologies Inc /Ca/)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS (a) All installations OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT MODIFICATIONS TO THE PREMISESPREMISES shall be for Lessee's account, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSEand Lessee shall pay, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees as additional rent hereunder, to Lessor an amount equal to Lessor's actual cost therefor, including associated architectural and engineering fees, if any, plus a management cost recovery fee of TEN PERCENT (10%) to cover overhead within THIRTY (30) days after being invoiced therefor. Additionally, Lessee shall pay all ad valorem taxes and increased insurance premiums that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior are payable on account of any of the Premisesleasehold improvements that are in addition to those items (or the quantities thereof) described on Schedule 3 hereto. Failure by Lessee to pay any sums described in Section 26(a) or the Schedules hereto in full within THIRTY (30) days after its receipt of an invoice therefor will constitute failure to pay rent when due and an event of default by Lessee hereunder, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in giving rise to all remedies available to Lessor under this lease and at law for nonpayment of rent. Lessee shall deliver to Lessor a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems copy of the Premises; "as-built" plans and specifications made in or (ii) decrease the value of to the Premises. Tenant shall be responsible for It is stipulated that time is of the cost essence in connection with Lessee's compliance with the terms of such alterations or signsSchedule 2. Tenant shall have the right to install its trade fixtures and equipment inNOTWITHSTANDING ANYTHING TO THE CONTRARY, upon and about the Premises; providedLESSEE IS LEASING THE PREMISES IN AN "AS IS" CONDITION WITH NO MODIFICATIONS REQUIRED BY THE LESSOR. HOWEVER, howeverLESSEE MAY, that Tenant shall remove the same on or before the expiration of this LeaseAT ITS SOLE COST AND EXPENSE, and if so requested by LandlordMODIFY THE PREMISES AFTER RECEIVING WRITTEN APPROVAL FROM THE LESSOR, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalSUCH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED.
c. Tenant (b) Lessee shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs not be deemed to be the agent or representative of suit), losses, liabilities, or causes of action arising out of or relating to Lessor in making any such alterations, physical additions or improvements made by Tenant to the Premises, includingand shall have no right, but not limited to, work not completed power or authority to encumber any interest in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted the Project in connection therewith. This indemnification obligation shall survive the Term of therewith other than Lessee's leasehold estate under this Lease.
d. Should . However, should any contractor’s, mechanic’s mechanics' or other liens be filed against any portion of the Premises Project or any interest therein (other than Lessee's leasehold estate hereunder) by reason of Tenant’s Lessee's acts or omissions or because of a claim against TenantLessee or its contractors, Tenant Lessee shall cause the same to be canceled cancelled or discharged of record by bond or otherwise within thirty ten (3010) days after notice by LandlordLessor. If Tenant Lessee shall fail to cancel or discharge said lien or liens, within said thirty ten (3010) day period, Landlord which failure shall be deemed to be a default hereunder, Lessor may, at its sole optionoption and in addition to any other remedy of Lessor hereunder, cancel or discharge the same and upon Landlord’s Lessor's demand, Tenant Lessee shall promptly reimburse Landlord Lessor for all reasonable costs incurred in canceling cancelling or discharging such lien or liens, including attorney fees in connection with same.
Appears in 1 contract
Sources: Office Lease Agreement (Tanknology Environmental Inc /Tx/)
Leasehold Improvements. a. Tenant accepts With the Premises “AS IS” without any agreementsexception of the list provided by the Tenant, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or all improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvement”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense; (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant, and in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable provided that upon prior written notice to Landlord) , Tenant may remain in the premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables and obtaining perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitDefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IXA) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts (a) All Leasehold Improvements shall immediately upon their placement become the Landlord’s property without compensation to the Tenant. Subject to Sections 3.6(b) and 3.6(c), upon the termination of this Lease, all Leasehold Improvements in the Premises “AS IS” shall remain upon and be surrendered with the Premises as a part thereof without disturbance, molestation or injury to them and any agreementstrade fixtures not removed by the Tenant by the expiration or sooner termination of this Lease shall be the property of the Landlord absolutely, representationsfree of any liens or encumbrances and without payment therefor to the Tenant.
(b) The Landlord may, understandings by notice to the Tenant prior to or obligations on promptly after the termination of this Lease, require the removal, at the expense of the Tenant, of any or all of the Leasehold Improvements and require the Tenant to restore the Premises, and any other part of Landlord the Development affected thereby, to perform the condition in which they existed prior to the installation and removal of the foregoing and to repair forthwith of any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions damage to the Premises nor post or attach the Development caused by such removal, such work to be done forthwith by or affix at the direction of the Landlord and at the expense of the Tenant. Such removal and repair shall be completed if reasonably possible by the date of termination of this Lease and otherwise promptly thereafter. If the Tenant does not remove the Leasehold Improvements prior to the exterior expiry or earlier termination of the PremisesTerm, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant Landlord shall have the right to make interior, non-structural alterations do so and the Tenant shall pay to the Premises without Landlord’s consentLandlord on demand, so long as such alterations do not Additional Rent, all costs incurred by the Landlord in connection therewith, plus an administration fee of fifteen percent (i15%) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or costs.
(iic) decrease Notwithstanding anything herein contained, provided the value of Tenant has paid the Premises. Rent hereby reserved and performed and observed all the covenants and conditions herein contained, the Tenant shall be responsible for have, at the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration termination of this Lease, and if so requested by Landlordthe right to remove the Tenant’s Property provided that the Tenant repairs promptly following such removal, promptly after at its own expense, any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises or the Development caused by reason such removal, such work to be done by or at the direction of the Landlord and at the expense of the Tenant. If the Tenant does not remove the Tenant’s Property prior to the expiry or earlier termination of the Term, such installation Tenant’s Property shall, at the option of the Landlord, be deemed abandoned and become the property of the Landlord and may be removed from the Premises and sold or removal.
c. disposed of by the Landlord in such manner as it deems advisable and the Tenant shall indemnify and hold pay to the Landlord harmless from and against on demand, as Additional Rent, all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made incurred by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted Landlord in connection therewith. This indemnification obligation shall survive the Term , plus an administration fee of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion fifteen percent (15%) of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samecosts.
Appears in 1 contract
Sources: Lease Agreement
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant’s expense, to remove any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”), provided that if Tenant has requested that Landlord advise Tenant as to whether any Alterations are Required Removables at the time Tenant requests approval for a proposed Alteration as provided below, and Landlord does not identify certain portions of the Alterations as Required Removables, then Landlord shall have no right to require Tenant to remove at the end of the Term any such portion of the Alteration which Landlord had not so identified as a Required Removable at the time Tenant requested approval of the Alteration. Required Removables shall include, without limitation, internal stairways (other than the internal stairway currently existing in the Premises as of the date of this Lease, as the same may be expanded in connection with the Initial Alterations), raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, including any Initial Alterations as such term may be defined in the Work Letter attached as Exhibit C, may request in writing that Landlord advise Tenant whether the Alteration, including any Initial Alterations or Landlord Work, or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the alteration or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameimprovements are Required Removables. Notwithstanding the foregoing, Tenant shall have the right to make interiorLandlord agrees that, non-structural alterations to except for the Premises without Landlord’s consentSecured Area (as herein defined) and the showers, so long the improvements identified on the Space Plans (as such alterations do not (i) affect defined in the structure or electricalWork Letter attached as Exhibit C), plumbing, or mechanical systems as specifically shown thereon as of the Premises; or (ii) decrease the value of the Premises. Tenant date hereof, shall not be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removaldeemed Required Removables.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Sources: Office Lease Agreement (Rapid7 Inc)
Leasehold Improvements. a. (a) Landlord agrees to cause to be performed, at Landlord’s sole cost and expense, the work more particularly described in Exhibit “B” and based on mutually approved plans and specifications dated (“Landlord’s Base Building Work”). In addition, Landlord agrees to cause to be performed the work more particularly described in “Exhibit B-1” attached hereto and made a part hereof (“Landlord’s TIA Work”) subject to “Landlord’s Work Cost Threshold” as hereinafter described. Both Landlord’s Base Building Work and Landlord’s TIA Work shall be performed by Landlord’s contractor in a lien-free, good and workmanlike manner. Though included in Landlord’s TIA Work and to be performed by Landlord’s contractor, all costs approved by Tenant accepts in advance and in writing related to data, cabling and security shall be borne by Tenant. Landlord and Tenant acknowledge and agree that Landlord’s TIA Work, as the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except same has been projected as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration date of this Lease, is expected to cost (exclusive of architectural and if so engineering fees and the costs of demolition (including removal of the mezzanine), construction of the stairway and repair or replacement of windows and blinds, all of which shall be borne solely by Landlord as part of Landlord’s Base Building Work and shall not be counted against Landlord’s Work Cost Threshold) no more than Eight Hundred Seventy-One Thousand Four Hundred and 00/100 Dollars ($871,400.00) ($40.00 per square foot of Premises Usable Area) (“Landlord’s Work Cost Threshold”). Subject to Section 34(b), any Excess Costs over and above Landlord’s Work Cost Threshold shall be borne equally (50-50) by Landlord and Tenant.
(b) Notwithstanding the foregoing and to the extent Tenant has requested by enhancements to either Landlord, promptly after any termination ’s Base Building Work or Landlord’s TIA Work following the date of this Lease; , as such requests have been made in writing (“Enhancements”), Landlord shall initially bear the costs of such Enhancements and providedthe actual cost of such Enhancements shall be handled as follows: at Tenant’s option, furtherup to Fifty-Four Thousand Four Hundred Sixty-Two and 50/100 Dollars ($54,462.50) ($2.50 per square foot of Premises Usable Area of 21,785 square feet), that Tenant shall promptly thereafter repair all damage caused to the Premises by reason extent the same is actually incurred, may be added to Annual Base Rent at an interest rate of Ten Percent (10%) over the ten (10) year term of the Lease and the balance of such installation or removal.
c. Tenant costs above the foregoing amount shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made be paid by Tenant to the Premises, including, but not limited to, work not completed Landlord in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise cash within thirty (30) days after notice by Landlord. If of the date Landlord delivers its written invoice for such costs.
(c) Landlord hereby agrees to allow Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge inspect the same and upon Premises from time-to-time over the course of Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameWork.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts All improvements tx xxx Premises (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises “AS IS” without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building; and (2) any agreementsLeasehold Improvements that are performed by or for the benefit of Tenant and, representationsin Landlord's reasonable judgment, understandings or obligations on are of a nature that would require removal and repair costs that are materially in excess of the part of Landlord removal and repair costs associated with standard office improvements (collectively referred to perform any alterationsas "Required Removables"). Without limitation, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLYit is agreed that Required Removables include internal stairways, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEraised floors, LANDLORD MAKES NO WARRANTIESpersonal baths and showers, EXPRESS OR IMPLIEDvaults, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or rolling file systems and structural alterations or additions to the Premises nor post or attach or affix to the exterior and modifications of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sametype. Notwithstanding the foregoing, if Tenant so requests, at the time which Tenant submits to Landlord the final construction plans for Tenant's initial Leasehold Improvements, Landlord shall have advise Tenant of those Leasehold Improvements which shall be deemed to be Required Removables. The Required Removables designated by Landlord shall be removed by Tenant before the right Termination Date, provided that upon prior written notice to make interiorLandlord, non-structural alterations to Tenant may remain in the Premises without Landlord’s consent, so long as such alterations do not (i) affect for up to 5 days after the structure or electrical, plumbing, or mechanical systems Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises; or (ii) decrease the value Premises shall be subject to all of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures terms and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and if so requested dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, promptly after any termination of this Lease; and providedTenant, further, that Tenant shall promptly thereafter repair all damage caused to at the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs time it requests approval for a proposed Alteration (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have not construct any Leasehold Improvements or otherwise alter the right to make interior, non-structural alterations to the Leased Premises without Landlord’s consent, so long as prior approval if the cumulative cost therefor exceeds Ten Thousand Dollars ($10,000.00) or such alterations do not (i) affect work affects the structure structural parts or electrical, plumbing, or mechanical systems exterior of the Premises; Building, and not until Landlord shall have first approved the plans and specifications therefor, which approvals shall not be unreasonably withheld or (ii) decrease delayed. All such approved Leasehold Improvements shall be installed by Tenant at Tenant’s expense, using a licensed and financially sound contractor first approved by Landlord, in substantial compliance with the value approved plans and specifications therefor. All construction done by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of the Premisesgood quality. Tenant shall be responsible for the cost not commence construction of such alterations or signs. any Leasehold improvements until (a) all required governmental approvals and permits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease shall have been satisfied, (c) Tenant shall have given Landlord at least five (5) days prior written notice of the right actual date for which such construction shall commence, (d) Tenant shall have notified Landlord by telephone of the commencement of construction on or before the day it commences, and (e) Tenant shall have obtained contingent liability and broad form builder’s risk insurance in an amount satisfactory to install its trade fixtures Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. All Leasehold Improvements shall remain the property of Tenant during the Lease Term but shall not be altered or removed from the Leased Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be surrendered to Landlord as part of the realty and equipment inshall then become Landlord’s property, upon and about Landlord shall have no obligation to reimburse Tenant for all or any portion of the Premisesvalue or cost thereof; provided, however, that if Landlord requires Tenant to remove any Leasehold Improvements in accordance with the provisions of Article 15, then Tenant shall so remove such Leasehold Improvements and restore the same on or before Leased Premises to their condition prior to the installation of such improvements prior to the expiration of this Lease, and if so requested by Landlord, promptly after any or sooner termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalLease Term.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. Attached to this Lease as part of Exhibit D are the preliminary specifications for the improvements to be made to the Leased Premises ("Improvements"). Following the execution of this Lease, Tenant will proceed with the preparation of the final architectural and engineering drawings, plans and specifications for the Improvements and shall be reimbursed for costs and expenses for such architect's and engineering fees in the amount set forth in Section 7 of Exhibit F attached hereto and incorporated herein. Once those drawings, plans and specifications are completed, Tenant will deliver a full set thereof to Landlord for its review and approval, The approved final drawings, plans and specifications ("Final Plans") are incorporated herein by this reference. In accordance with the Final Plans, Tenant, at Tenant's expense (subject to Tenant's Allowance set forth below) will perform and complete, or cause to be performed and completed, such specified construction and finishing of the Leased Premises, (hereinafter referred to as "Work"). The Work shall be completed by Tenant's contractor in accordance with the terms of Exhibit D and all applicable laws, rules and regulations. Any Work (other than Tenant's trade fixtures and other personal property) shall, upon installation, become the property of Landlord and shall be surrendered to Landlord at the end or other expiration of the Term of this Lease. The Tenant shall be provided a tenant improvement allowance in the amount of $35.20 per rentable square foot for the initial Improvements ("Tenant's Allowance"). Such Tenant's Allowance shall be paid by Landlord to Tenant throughout the construction of the Improvements in accordance with the provisions set forth on Exhibit D. In the event the cost to complete the Work exceeds the Tenant's Allowance, Tenant shall be solely responsible for the payment of all additional sums charged by such contractors in connection with the Improvements. Tenant will use best efforts to cause the Improvements to be constructed in accordance with the Final Plans on or before the targeted Commencement Date set forth in the Lease Summary. Any of the following is individually a "Landlord Delay" and collectively, the "Landlord Delays":
a. Landlord fails to provide Tenant accepts with access to the Leased Premises “AS IS” without sufficient for the commencement of construction of the Improvements, or fails or refuses to provide Tenant, its agents and contractors, in any agreementsmaterial manner, representationsaccess to and use of the Building and Leased Premises or any Building facilities or services (including freight elevators) required for the orderly and efficient performance of the work necessary to complete the Improvements at any time thereafter,
b. Unless deemed approved pursuant to the Work Letter, understandings Landlord fails to timely approve any matter requiring Landlord's approval (in this regard, if there is no stated time for response, then within a reasonable time), and
c. Any act or obligations omission on the part of the Landlord or any other tenants of the Building or Landlord's or such other tenant's architects, contractors, agents, employees or invitees interferes with or delays Tenant's construction of the Improvements, which interference causes a delay in Improvements, or which interference causes a delay in Tenant's ability to perform the Improvements as a result of any alterations, repairs or improvements except as expressly set forth in Hazardous Substance remediation that is not the responsibility of Tenant under this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right be required to make interior, non-structural alterations notify Landlord within 24 hours after Tenant's actual knowledge of any delay for such delay to the Premises without Landlord’s consent, so long as such alterations do not constitute a "Landlord Delay". Landlord and Tenant agree that each will review and either approve or specify its objections to any documents or drawings submitted to it for its review and approval hereunder within ten (i10) affect the structure or electrical, plumbing, or mechanical systems business days after its receipt of the Premises; same. Any objections will be specifically enumerated. If Tenant or Landlord fails to respond to any submission to it within ten (ii10) decrease the value business days after its receipt of the Premises. Tenant shall same, then it will be responsible for the cost of such alterations or signs. Tenant shall deemed to have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove approved the same for all the purposes of this Lease. If the Improvements are not substantially completed on or before the expiration target Commencement Date set forth in the Lease Summary solely due to Landlord Delays, then the Commencement Date will be deferred for the period of this Leasesuch Landlord Delays and the Termination Date will be deferred by the number of days equal to the deferral in the Commencement Date. In the event the substantial completion of the Improvements does not occur on or before October 12, 2000, due solely to Landlord Delays (time is of the essence with respect to such date), then Tenant shall be entitled to a rent credit equal to one day's Base Rent for each day of Landlord Delays. Except for Landlord Delays, the Commencement Date will remain as set forth in the Lease Summary notwithstanding the fact that the Improvements are not yet substantially completed, and if so requested by LandlordTenant will, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against after the Commencement Date, have an obligation to pay Base Rent, estimated Operating Expense payments and perform all costs (including reasonable attorneys’ fees of its other obligations and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed duties set forth in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. Leasehold Improvements shall not include Tenant’s Property (as defined in Article XV. below), which items shall at all times be owned by Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesProject; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard improvements to buildings of this kind (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 15 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (defined in Section IX.C), may request in writing that Landlord advise Tenant shall have whether the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbingAlteration, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration, will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personal property brought into the Premises “AS IS” without any agreements, representations, understandings or obligations by Tenant including the bank trade fixtures described on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter Exhibit E (in form acceptable to Landlord"Tenant's Property") shall be owned and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesinsured by Tenant. Tenant shall be responsible for the cost of remove all such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to Tenant's Property from the Premises by reason in accordance with the terms of such installation or removal.
c. Tenant shall indemnify Article XXXVII hereof. Any and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any other alterations, additions or and improvements made by Tenant to the Premises, includingincluding any built-in furniture (collectively "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, but not limited all without compensation, allowance or credit to Tenant, unless paid for by Tenant. Landlord may, nonetheless, at any time prior to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after, the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any or all (as designated by Landlord) Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by Landlordsuch removal and perform such other work as is reasonably necessary to restore the Premises to the condition existing prior to the installation of the Required Removables. If Tenant shall fail fails to cancel remove any specified Required Removables or discharge said lien or liensto perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within said thirty five (305) day perioddays after demand from Landlord, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for any and all reasonable costs incurred in canceling or discharging such liens, including attorney fees by Landlord in connection with samethe Required Removables. In no event, shall Tenant be required to remove any of the Landlord Work.
Appears in 1 contract
Leasehold Improvements. a. Landlord shall, as soon as possible after the Effective Date, complete all of the design, construction, maintenance, and repair work described in Schedule B (“Leasehold Improvements”). Landlord shall be solely responsible for all costs and expenses, as well as any and all required jurisdictional agency approvals, in any way associated with the Leasehold Improvements. Tenant accepts shall be entitled, at any time after the Premises Effective Date, to inspect the work performed by Landlord.
(a) Landlord shall, immediately upon completing the Leasehold Improvements, provide Tenant with written notice confirming such completion and containing, as an attachment, a detailed invoice (with supporting documentation) specifying the exact costs paid by Landlord in completing the Leasehold Improvements. Tenant shall, within ten (10) days after receiving such notice, perform an inspection of the Leasehold Improvements for the purpose of reasonably determining whether the Leasehold Improvements have been fully completed in accordance with Schedule B. Tenant shall, within ten (10) days after completing the inspection, provide Landlord with written notice either approving or disapproving of the Leasehold Improvements (“AS ISInspection Notice”). If Tenant provides Landlord with an Inspection Notice approving the Leasehold Improvements or fails to provide an Inspection Notice, the “Commencement Date” without any agreements, representations, understandings or obligations of this Lease shall commence on the part first day of Landlord the month that immediately succeeds the month in which Tenant provided or was obligated to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVEDprovide the Inspection Notice.
b. (b) If Tenant provides an Inspection Notice disapproving of any of the Leasehold Improvements, then the following terms shall apply: Tenant must specify, in the Inspection Notice, any issues, deficiencies, or outstanding items in connection with the Leasehold Improvements (“Outstanding Work”). Landlord shall, as soon as possible after receiving the Inspection Notice, complete the Outstanding Work and provide Tenant with written notice confirming such completion and containing, as an attachment, an updated invoice (with supporting documentation) specifying the exact costs paid by Landlord in completing the Leasehold Improvements (inclusive of the Outstanding Work). Once Tenant reasonably determines that the Outstanding Work has been performed, Tenant shall promptly notify Landlord of such determination in writing (“Outstanding Work Completion Notice”) and the “Commencement Date” of this Lease shall commence on the first day of the month that succeeds the month in which the Tenant provided the Outstanding Work Completion Notice. ▇▇▇▇▇▇ agrees that it will make no exterior not unreasonably delay or structural alterations or additions to the Premises nor post or attach or affix to the exterior withhold its approval of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter Outstanding Work.
(in form acceptable to Landlordc) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible reimburse Landlord for the cost costs paid (as evidenced by the invoice and supporting documentation provided to Tenant as set forth in the paragraphs above) by Landlord in completing the Leasehold Improvements, up to a maximum amount of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment inForty-Seven Thousand Four Hundred Dollars ($47,400), upon and about the Premises; provided, however, that Tenant shall remove the same payable in equal monthly installments on or before the expiration first day of this Leaseeach calendar month during the Initial Term. For avoidance of doubt and illustration purposes only, and if so requested by LandlordLandlord paid costs of Twenty-One Thousand Dollars ($21,000) in completing the Leasehold Improvements, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused would pay Landlord a monthly reimbursement amount equal to One Hundred Seventy-Five Dollars ($175) during the Initial Term. Notwithstanding anything contained herein to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit)contrary, losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements reimbursements made by Tenant pursuant to this section shall not be considered Base Rent (as defined in Section 2.01 below) and will not be subject to any interest or annual increases. In addition, the Parties agree and understand that the Tenant will provide Landlord with the reimbursements referenced in this section only during the Initial Term (and not during any Renewal Term). If this Lease is terminated pursuant to this Agreement prior to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion expiration of the Premises by reason Initial Term and such termination is not the result of Tenant’s acts or omissions or because of a claim against Tenantdefault, Tenant shall cause not owe any further payment under this section to Landlord after the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameeffective termination date.
Appears in 1 contract
Sources: Lease Agreement
Leasehold Improvements. a. Tenant accepts shall not construct any Leasehold Improvements or otherwise alter the Leased Premises “AS IS” without Landlord's prior written approval if the cost or value thereof exceeds One thousand, and 00/100 ($1,000.00) and not until Landlord shall have first approved in writing the plans and specifications therefor, which approvals shall not be unreasonably withheld. In no event shall Tenant make any agreementsalterations to the Leased Premises which could affect the structural integrity or design of the Building. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense using a licensed contractor first approved by Landlord and in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, representations(ii) all requirements regarding insurance imposed by this Lease have been satisfied, understandings or obligations (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the part of Landlord to perform any alterationsday it commences, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter and (in form acceptable to v) if requested by Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to make interior, non-structural alterations Landlord if there are any perils relating to the Premises without Landlord’s consentproposed construction not covered by insurance carried pursuant to Article 9. All Leasehold Improvements shall remain the property of Tenant during the Lease Term but shall not be damaged, so long as such alterations do not (i) affect the structure or electrical, plumbingaltered, or mechanical systems removed from the Leased Premises. At the expiration or sooner termination of the Premises; or (ii) decrease the value Lease Term, all Leasehold Improvements shall be surrendered to Landlord as a part of the Premises. Tenant realty and shall be responsible for the cost of such alterations or signs. Tenant then become Landlord's property, and Landlord shall have the right no obligation to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that reimburse Tenant shall remove the same on for all or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts value or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.cost thereof;
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts All improvements to the Premises (other than Tenant’s Property (as defined in Section 14(a)(i) below) made by or for the benefit of Tenant, including Tenant’s Work pursuant to the Work Letter and Alterations (as defined in Section 8(c) below) (collectively, “AS IS” Leasehold Improvements”), shall, upon the expiration or earlier termination of this Lease, be owned by Landlord and shall remain upon the Premises without compensation to Tenant. Notwithstanding the foregoing to the extent Landlord delivers to Tenant a sixty (60) day written notice, prior to the expiration or earlier termination of this Lease, instructing Tenant that any agreementsof the following Required Removables (defined below) shall remain upon the Premises, representationsTenant shall remove at Tenant’s cost and expense: (a) Cable (defined in Section 8(a)) installed by or for the exclusive benefit of Tenant, understandings excluding any Cable installed as part of Tenant’s Work constructed pursuant to Exhibit B or obligations installed by Tenant in or on the part Building or other portions of the Premises following the Commencement Date (i.e., after Tenant’s initial build-out); and (b) any Leasehold Improvements that are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements, unless at the time Landlord provided its consent to perform any alterationssuch Leasehold Improvements, repairs Landlord expressed in writing that such Leasehold Improvements may remain upon and after the expiration or earlier termination of this Lease and surrender of the Premises (collectively referred to as “Required Removables”). The parties hereto agree that Required Removables (i) include without limitation the lab improvements except as expressly set forth above slab and made within the interior of the first floor of the Building including the removal of interior walls such that Tenant surrenders the Premises to Landlord in a “shell” condition, with ceiling grid reasonably intact, and sealed concrete floors (all excluding ordinary wear and tear and damage by casualty and condemnation excepted). The Required Removables shall be removed by Tenant on or before the Expiration Date or earlier termination of this Lease. ADDITIONALLYTenant shall be responsible for any repairs required as a result of the removal of the Required Removables, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEand if any such damage is not repaired by Tenant, LANDLORD MAKES NO WARRANTIESTenant shall reimburse Landlord for the reasonable cost to repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Required Removables in a timely manner, EXPRESS OR IMPLIEDLandlord, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISESat Tenant’s expense, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSEmay remove and dispose of the Required Removables. Tenant, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. within ten (10) business days after delivery of an invoice and reasonable supporting documentation therefor, shall reimburse Landlord for repair and/or removal costs incurred by Landlord pursuant to this Section. Tenant, within six months before the expiration of the Term of the Lease, may request in writing that Landlord identify Leasehold Improvements that are not Required Removals, and Landlord shall respond to such request within thirty (30) days. Landlord shall not unreasonably withhold its consent to any request by Tenant agrees that it will make no exterior be permitted to surrender Leasehold Improvements that are compatible with general office use, i.e., would not interfere with or structural alterations increase the cost of the future improvement, use and maintenance of the Premises for general office purposes, including without limitation any HVAC system installed by Tenant; provided, however, if the HVAC system or additions any other Required Removable that is integral to the Premises nor post or attach or affix to the exterior use of the PremisesBuilding, any signsis not compatible with general office use, air conditioners Tenant shall (i) dampen and decrease the HVAC output of the then existing HVAC such that HVAC operations are restored to flow rates and energy usage in line with requirements of a standard office environment; and (ii) remove and replace the Required Removable with equipment or other objects without memorializing such proposed alterationsimprovements that are compatible with general office use, attachmentsas reasonably approved by Landlord, each at the expiration or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameearlier termination of this Lease. Notwithstanding In connection with the foregoingLeasehold Improvements, Tenant shall have the right to make interiorinstall a backup generator, non-structural alterations subject to Landlord’s prior written approval (not to be unreasonably withheld, conditioned or delayed) with respect to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost location and configuration of such alterations or signs. Tenant shall have the right to install its trade fixtures generated, and equipment in, upon and about the Premises; provided, however, provided that Landlord may require that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalas a Required Removable.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts A. Except as otherwise specifically provided elsewhere in this Lease or in the Work Letter Agreement, if any, attached hereto as Exhibit C and Incorporated herein, all Installations and Improvements now or hereafter placed on or In the Premises “AS IS” without any agreementsshall be for Tenant's account and at Tenant's cost, representations, understandings or obligations on the part of which cost shall be payable by Tenant to Landlord to perform any upon demand as additional
B. Any and all alterations, repairs additions and improvements to the Premises, all attached furniture, equipment and non-trade fixtures (collectively, "Leasehold Improvements") shall, to the extent included In the Landlord Work, be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Any unattached and movable equipment or furniture, trade fixtures or other personalty of Tenant, including computer, communications and security systems, and the wiring therefor, ("Tenant's Property") shall be owned and insured by Tenant, provided that Tenant shall also be required to insure any additions, alterations and improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions performed to the Premises nor post or attach or affix subsequent to the exterior performance of the PremisesLandlord Work by Landlord. Landlord may, nonetheless, require Tenant to remove any signs, air conditioners Leasehold Improvements performed by or for the benefit of Tenant (other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlordthan the Landlord Work) and obtaining Landlord’s prior written consent to sameall electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. Notwithstanding In the foregoingevent that Landlord so elects, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as remove such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same Required Removables on or before the expiration of this Lease, and if so requested by Landlord, promptly after any or earlier termination of this Lease; Lease and provided, further, that Tenant shall promptly thereafter repair all any damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodremove the Required Removables after Landlord's request therefor, Landlord maymay remove, store or dispose of the Required Removables at its sole optionTenant's cost, cancel or discharge the same and upon Landlord’s repair any damage caused by such removal and Tenant shall pay Landlord as additional Rent hereunder, on demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samecosts.
Appears in 1 contract
Sources: Office Lease (Phoenix International Life Sciences Inc)
Leasehold Improvements. a. (a) No alteration, addition, improvement, or refinishing of or to the Leased Premises may be made by Tenant accepts without the Premises “AS IS” without any agreements, representations, understandings or obligations on the part prior written consent of Landlord to perform and without Landlord's approval of Tenant's plans and specifications therefor, which consent and approval may not be unreasonably withheld or delayed. Any permanent improvement made by Tenant becomes the property of Landlord upon the installation of such permanent improvement. Any other alteration, addition or improvement made by Tenant and any alterationsbuilding fixture installed by Tenant which constitutes a fixture (including wall-to-wall carpeting, repairs light and plumbing fixtures, wall paneling and air-conditioning equipment) becomes the property of Landlord upon the expiration or improvements except as expressly set forth in sooner termination of this Lease. ADDITIONALLYAt the termination of this Lease, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant is to surrender the Leased Premises as provided in Article XIII. Tenant is to pay or cause to be paid all costs for work done by it or caused to be done by it on the Leased Premises. Tenant agrees that it will make no exterior to indemnify and hold Landlord free and harmless against liability, loss, damage, costs, reasonable attorneys' fees and all other expenses on account of claims or structural alterations liens of laborers or additions to materialmen or others for work performed or materials or supplies furnished for Tenant or persons claiming under Tenant. This indemnity survives the Premises nor post expiration or attach or affix to the exterior earlier termination of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to samethis Lease. Notwithstanding the foregoing, Tenant shall have the right to may make interior, non-structural alterations minor improvements to the Leased Premises without Landlord’s consent, the prior written consent of Landlord so long as such alterations minor improvements do not (i) affect the structure or structural, mechanical, electrical, plumbingsecurity, sprinkler, energy management, or mechanical life safety systems of the Building or Leased Premises; , (ii) require the issuance of a building permit, or (iii) exceed $5,000.00.
(b) Without limiting Landlord's right to otherwise reasonably reject any proposed alteration, addition or improvement, Landlord will not be deemed unreasonable for rejecting any alteration or addition which (i) affects any structural or exterior element of the Building, any area or element outside of the Leased Premises or any facility serving any area of the Building outside of the Leased Premises, or (ii) decrease will require unusual expense to readapt the value Leased Premises to normal use after the Expiration Date or increase the cost of insurance on the Building unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost or that such readaptation will be made prior to the Expiration Date without expense to Landlord.
(c) All of Tenant's alterations are to be performed by Landlord's general contractor or by contractors or workmen first approved by Landlord, which approval will not be unreasonably withheld or delayed. Except for work to be performed by Landlord's general contractor, Tenant, before its work is started, must:
(i) secure all licenses and permits necessary therefore; (ii) deliver to Landlord a statement of the Premisesnames of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them; and (iii) cause each contractor to: (A) carry workmen's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance and property damage insurance with such limits as Landlord may reasonably require, and (B) deliver to Landlord certificates of all such insurance. Tenant shall be responsible for agrees to pay promptly when due the entire cost of any work done on the Leased Premises by Tenant, its agents, employees or independent contractors. If Landlord so requests and the cost of such alterations or signswork exceeds $5,000, Tenant must promptly obtain from Tenant's contractors performing any such work a performance and payment bond on the latest AIA form covering such contractor's obligees and in which Landlord is named as a dual obligee. Tenant shall have must provide Landlord drawings of any alterations made by Tenant, which drawings are to depict the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration location of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or including wall and door locations, electrical services and mechanical systems. All improvements made by Tenant to hereunder must be consistent with Applicable Law and the Premises, including, but not limited to, general demeanor of the Building. All such work not completed must be done in a good and workmanlike manner and be diligently prosecuted, and may not interfere with any contractor’strade union or the like performing work on the Building, mechanics’ the Adjoining Building or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive Parking Garage on behalf of Landlord, or Landlord's relationship (including a strike or work stoppage) with such trade union or the Term of this Leaselike.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements(a) All Leasehold Improvements in, representationson, understandings for, or obligations on the part of Landlord to perform any alterationswhich serve, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, shall immediately become the absolute property of the Landlord upon affixation or installation, without compensation therefor to the Tenant, but the Landlord shall have no obligation to repair, replace, operate, maintain, insure or be responsible in any signsway for them, air conditioners all of which shall be the Tenant’s responsibility. Subject to subsections 3.4(b) and 3.4(c), upon the expiration or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration termination of this Lease, all Leasehold Improvements in the Premises, including all fixed partitions (including floor to ceiling partitions which, although demountable, involve attachment to any floor, ceiling or permanent wall such that they cannot be removed without damage to the Premises but excluding the Tenant’s movable partitions such as free standing partitions or partial height partitions which can be removed without damage to the Premises and if so requested which shall be deemed to be removable trade fixtures) shall remain upon and be surrendered with the Premises as a part thereof without disturbance, molestation or injury and the same and any trade fixtures not removed by Landlordthe Tenant are the property of the Landlord absolutely, free of any liens or encumbrances and without payment therefor to the Tenant.
(b) The Landlord may, by notice to the Tenant prior to or promptly after any the expiration or other Termination of this Lease, require: the removal forthwith, at the expense of the Tenant, of the Tenant’s trade fixtures and those Leasehold Improvements installed in connection with the Tenant’s communication infrastructure, kitchen, cafeteria, fitness centre and daycare. If such notice is given prior to the expiration or other termination of this Lease; , such removal shall be completed by such expiration or termination.
(c) Notwithstanding anything herein contained, provided the Tenant has paid the Rent hereby reserved and providedperformed and observed all the covenants and conditions herein contained, further, that the Tenant shall promptly thereafter repair all have, at the expiration or other termination of this Lease, the right to remove its trade fixtures, provided that the Tenant repairs by the expiration or other termination of this Lease, at its own expense, any damage caused to the Premises caused by reason of such installation removal, such work to be done by or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to at the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion direction of the Premises by reason Landlord and at the expense of the Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Sources: Lease (Ritchie Bros Auctioneers Inc)
Leasehold Improvements. a. Tenant accepts All improvements to the Premises “AS IS” (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant given at least 60 days prior to the Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed after the Commencement Date by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building; and (2) any agreementsLeasehold Improvements that are performed by or for the benefit of Tenant after the Commencement Date and, representationsin Landlord's reasonable judgment, understandings are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type, but Required Removables shall not include any such items installed before the Commencement Date. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or obligations on removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and dispose of the part Required Removables and perform the required repairs. Tenant, within 30 days after receipt of Landlord to perform any alterations, repairs or improvements except as expressly an invoice (which shall be accompanied by reasonable supporting documentation of the amounts set forth in this Lease. ADDITIONALLYsuch invoice), EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to shall reimburse Landlord for the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to reasonable costs incurred by Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Sources: Participation and Put Option Agreement (Inktomi Corp)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or A. All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises(collectively, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord"Leasehold Improvements") shall be owned by Landlord and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to remain upon the Premises without compensation to Tenant. However, Landlord’s consent, so long by written notice to Tenant given at least 60 days prior to the Termination Date, may require Tenant to remove, at Tenant's expense the following (collectively referred to as such alterations do not "Required Removables"): (i1) affect Cable (defined in Section IX.A) installed after the structure Commencement Date by or electrical, plumbing, for the exclusive benefit of Tenant and located in the Premises or mechanical systems other portions of the PremisesBuilding; (2) any Leasehold Improvements that are performed by or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost benefit of such Tenant after the Commencement Date; and (3) the Cafeteria Improvements (as defined in Section VIII.B below). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premisesmodifications of any type; provided, however, that with the exception of the Cafeteria Improvements, Required Removables shall not include any such items installed before the Commencement Date. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice (which shall be accompanied by reasonable supporting documentation of the amounts set forth in such invoice), shall reimburse Landlord for the reasonable costs incurred by Landlord.
B. As used in this Section VIII, the "Cafeteria Improvements" consist only of the kitchen equipment and fixtures, and the plumbing, electrical and ventilating systems or equipment installed for the purpose of providing food service in the existing kitchen and dining facility within the Premises (the "Cafeteria"). Prior to the Termination Date, Tenant shall remove the same on or before the expiration of this LeaseCafeteria Improvements, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, except that Tenant shall promptly thereafter repair all damage caused only be required to appropriately "cap" or otherwise close off unexposed plumbing and ventilating equipment located within the Premises by reason walls and patch holes in the walls resulting from removal of such installation or removalthe Cafeteria Improvements. In addition, Tenant shall demolish the interior wall within the Cafeteria and remove the suspended ceiling, light fixtures and floor covering within the Cafeteria to return the ceiling and floor to "shell" condition.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs C. Notwithstanding any contrary provision of Section VIII.A above, Tenant, at the time it requests approval for a proposed Alteration (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, by written notice to Tenant at least thirty (30) days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable (defined in Section 9.01) installed by or other objects for the benefit of Tenant, and (b) any Alteration that Landlord has notified Tenant, at the time Tenant requested approval for a proposed Alteration, that such Alteration could have to be removed (collectively referred to as “Required Removables”). Notwithstanding anything to the contrary contained herein, except for Cable and for those items listed on Exhibit L hereto, which shall be removed by Tenant at the expiration or earlier termination of this Lease, none of the Initial Alterations (as defined in Exhibit C) shall be deemed to be Required Removables or required to be removed by Tenant on or before the Termination Date. Subject to the preceding sentence, Required Removables shall include, without memorializing such proposed alterationslimitation, attachmentsinternal stairways, raised floors, personal restrooms and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or fixtures removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work and in such event Tenant work letter shall reimburse Landlord within thirty (in form acceptable to Landlord30) and obtaining days of invoice for Landlord’s prior written consent reasonable out-of-pocket costs for such work. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to samewhich portions of the Alteration are Required Removables. However, it is agreed that Required Removables shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible liable for the cost removal of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against TenantInitial Alterations, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred as that term is defined in canceling or discharging such liens, including attorney fees in connection with same.Exhibit C.
Appears in 1 contract
Sources: Office Lease Agreement (Karyopharm Therapeutics Inc.)
Leasehold Improvements. a. Tenant accepts All leasehold improvements, alterations, fixtures or permanent drywall partitions made, erected or installed in the Premises “AS IS” without any agreementsby the Tenant, representationsincluding carpeting and light fixtures, understandings shall become the property of the Landlord upon installation or obligations on affixation and upon the part expiration or other termination of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to Lease they shall remain upon and be surrendered with the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameas part thereof. Notwithstanding the foregoing, (i) the Landlord may, by notice to the Tenant, require the removal immediately prior to the end of the Term, at the expense of the Tenant, of all leasehold improvements, alterations, fixtures and partitions installed by or on behalf of the Tenant shall and the restoration of the Premises, such work to be done by or at the direction of the Landlord, and (ii) if the Tenant is not in default under this Lease it shall, at the end of the Term, have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install remove its trade fixtures fixtures, data communication equipment and cabling, telephone and PBX equipment inand cabling, upon computer equipment and about the Premises; providedcabling, howevercustom cabinets, that Tenant shall remove the same on furniture and equipment, work stations whether or before the expiration of this Leasenot bolted, wired or affixed, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all non standard light fixtures provided it repairs the damage caused to the Premises by reason of such their installation or removal.
c. . Any trade fixtures not removed by the Tenant prior to the end of the Term shall thereupon become the property of the Landlord. No trade fixtures, furniture or equipment may be removed by the Tenant from the Premises during the Term unless it is being replaced by similar new furniture or equipment. If the Tenant fails to perform any obligation set out in this Section the Landlord shall have the right to perform it, in which case the Tenant shall indemnify and hold pay to the Landlord harmless from and against all costs (including reasonable attorneys’ fees and as Additional Rent the costs of suit)such work. The Landlord shall be entitled to all insurance proceeds and expropriation compensation payable with respect to all such leasehold improvements, losses, liabilities, or causes of action arising out of or relating to any alterations, additions fixtures and partitions whether such proceeds or improvements made by Tenant to compensation is payable or paid before or after the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion end of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameTerm.
Appears in 1 contract
Sources: Lease Agreement (Ids Intelligent Detection Systems Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlorda) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingExcept for Minor Work, Tenant shall have not construct any Leasehold Improvements or otherwise alter the right to make interior, non-structural alterations to the Leased Premises without Landlord’s consent's prior approval, so long as and not until Landlord shall have first approved the plans and specifications therefor, which approvals shall not be unreasonably withheld, conditioned or delayed. If Landlord does not object to proposed Leasehold Improvements within fifteen (15) business days after being presented with plans and specifications therefor in accordance with this Paragraph 5.1, such proposed Leasehold Improvements shall be deemed approved. All such Leasehold Improvements and alterations do (including Minor Work) and all demolition shall be performed, constructed and installed by Tenant at Tenant's expense, in substantial compliance with the approved plans and specifications therefor (if such plans and specifications are required hereunder) and in strict accordance with all Laws and Private Restrictions. All such construction and installation and demolition shall be done in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements or alterations or commence any demolition until (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or all required governmental approvals and permits shall have been obtained and (ii) decrease all requirements regarding insurance imposed by this Lease shall have been satisfied. The term "Minor Work" as used herein, shall mean any construction of Leasehold Improvements not involving any structural change or substantial change in the character of the Improvements, and involving a cost of less than Two Hundred Thousand Dollars ($200,000); provided that, for purposes of determining such cost, multiple construction or alteration projects shall be aggregated to the extent they are related to each other, whether undertaken simultaneously or sequentially. All Leasehold LOT B Improvements shall remain the property of Tenant during the Lease Term but shall not be damaged, altered or removed from the Leased Premises. If any Minor Work involves a cost of less than Fifty Thousand Dollars ($50,000), Tenant shall neither be required to obtain Landlord's prior consent therefor nor shall Tenant be required to give any prior notice thereof to Landlord. If any Minor Work involves a cost of in excess of Fifty Thousand Dollars ($50,000), but less than Two Hundred Thousand Dollars ($200,000), Tenant shall not be required to obtain Landlord's prior consent therefor but shall give Landlord ten (10) days prior written notice of its intention to commence such construction or alteration together with any then available plans and specifications. Following completion of construction or alteration of any Leasehold Improvement, Tenant shall furnish to Landlord copies of all plans, specifications or drawings prepared by Tenant in connection with such Leasehold Improvement. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be surrendered to Landlord as a part of the Leased Premises and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value of the Premises. Tenant shall be responsible for the or cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premisesthereof; provided, however, that if Landlord shall require Tenant to remove any Leasehold Improvements (not constructed or installed in accordance with Paragraph 5.1 or Paragraph 6.2), in accordance with the provisions of Paragraph 15.1, then Tenant shall so remove the same on or before such Leasehold Improvements prior to the expiration of this Lease, and if so requested by Landlord, promptly after any or sooner termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalLease Term.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Sources: Lease Agreement (Corporate Office Properties Trust Inc)
Leasehold Improvements. a. Tenant accepts shall not construct any Leasehold Improvements or otherwise alter the Leased Premises “AS IS” without Landlord’s prior approval, if the cost thereof exceeds five thousand dollars ($5,000) per work of improvement, and not until Landlord shall have first approved the plans and specifications therefore, which approvals shall not be unreasonably withheld, conditioned or delayed. In no event shall Tenant make any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Lease Premises nor post which could affect the structural integrity or attach or affix to the exterior design of the Premises, any signs, air conditioners or other objects Building without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameconsent. Notwithstanding All Leasehold Improvements constructed by Tenant shall be constructed by Tenant at Tenant’s expense, using a licensed contractor first reasonably approved by Landlord in substantial compliance with the foregoing, approved plans and specifications therefor. All construction done by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until:
(i) all required governmental approvals and permits shall have been obtained;
(ii) all requirements regarding insurance imposed by this Lease have been satisfied;
(iii) Tenant shall have the right given Landlord at least five days’ prior written notice of its intention to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as commence such alterations do not construction;
(iiv) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have notified Landlord by telephone of the right commencement of construction on the day it commences; and
(v) if reasonably requested by Landlord, Tenant or its contractor shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to install its trade fixtures Landlord if there are any perils relating to the proposed construction not covered by the insurance carried pursuant to article 9 of this Lease. All Leasehold Improvements shall remain the property of Tenant during the Lease Term but shall not be damaged, altered, or removed by Tenant from the Leased Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be surrendered to Landlord as a part of the realty and equipment inshall then become Landlord’s property, upon and about Landlord shall have no obligation to reimburse Tenant for all or any portion of the Premisesvalue or cost thereof; provided, however, that if Landlord shall require Tenant shall to remove any Leasehold Improvements in accordance with the same on or before the expiration provisions of section 15.1 of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that then Tenant shall promptly thereafter repair all damage caused so remove such Leasehold Improvements prior to the Premises by reason expiration of the Lease Term. Landlord shall not have the right to require Tenant to remove any Leasehold Improvements or Alterations at the end of the Lease Term unless Landlord specifically reserved such right at the time it approved the installation of such installation Tenant Improvement or removalAlteration by written notice (“Removal Notice”).
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (as defined in Section 9.03) (collectively, air conditioners or other objects “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without memorializing such proposed alterationscompensation to Tenant, attachmentsprovided that Tenant, or fixtures at its expense, shall remove any Cable (defined in a Section 9.01 below). Landlord, however, except as specifically set forth below, by written notice to Tenant work letter (at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove any Alterations made after the Commencement Date that, in form acceptable to Landlord) and obtaining Landlord’s prior written consent reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to sameas “Required Removables”). Notwithstanding the foregoing, subject to Section I.D of the Work Letter, Tenant shall only be required to remove Initial Alterations installed pursuant to the Work Letter to the extent such Initial Alterations are non-typical general office improvements, and only the Required Removables designated by Landlord in accordance with Section I.D of the Work Letter shall be removed by Tenant before the Termination Date. Upon prior written notice to Landlord, Tenant may remain in the Premises for up to five (5) days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises during such five (5) day period shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term, provided that if Tenant remains in possession of the Premises after the expiration of such five (5) day period, such occupancy shall be subject to the terms of Section 22 below. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications installed by Tenant. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, within thirty (30) days after receipt of an invoice shall reimburse Landlord for the reasonable costs incurred by Landlord in connection with such repair and removal. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration will be considered a Required Removables, provided that within the last 60 days of the Term, Tenant shall have the right to make interior, non-structural alterations to confirm with Landlord in writing that Landlord still requires the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same Required Removables to be canceled or discharged of record removed by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameTenant.
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Leasehold Improvements. a. Tenant accepts shall not construct any Leasehold Improvements or otherwise alter the Premises “AS IS” without Landlord's prior approval and not until Landlord shall have first approved the plans and specifications therefor, which approval shall not be unreasonably withheld. In no event shall Tenant make any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post which could affect the structural integrity or attach or affix to the exterior of the Premises. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense using a licensed contractor first reasonably approved by Landlord in substantial compliance with the approved plans and specifications therefor. Landlord may require, among other things, as a condition of approval of such contractor, that such contractor at all times during the period of construction of the Leasehold Improvements carry general liability insurance with such coverages and liability limits as may be reasonably required by Landlord, and worker's compensation insurance in compliance with Law, issued by insurance companies licensed to do business in the state of California, and naming Landlord as an additional insured on all such policies where applicable. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence construction of any signsLeasehold Improvements until (i) all required governmental approvals and permits shall have been obtained, air conditioners (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the commencement of construction on the day it commences, and (v) if requested by Landlord in its reasonable discretion, Tenant shall have obtained contingent liability and broad form builders' risk insurance or other objects without memorializing such proposed alterationscompletion and performance bonds in an amount reasonably satisfactory to Landlord, attachmentsnaming Landlord as an additional insured; provided, however, that no performance bonds shall be required for the initial Tenant Improvements made pursuant to Section 5.4 if (a) Tenant provides Landlord with at least five (5) days' written notice prior to commencement of construction, stating that Landlord needs to post a notice of non-responsibility on the Premises and (b) Tenant shall cooperate with Landlord in the posting and maintaining of the notice. In the event that no notice, or fixtures an insufficient notice, of non-responsibility is posted through no fault of Landlord, upon Landlord's request, Tenant shall stop construction work on the Premises until a proper, legally valid notice is posted. All Leasehold Improvements shall remain the property of Tenant during the Lease Term, but shall not be damaged, altered, or removed from the Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that if Landlord requires Tenant to remove any Leasehold Improvements in a accordance with the provisions of Section 15.2, then Tenant work letter (in form acceptable shall so remove such Leasehold Improvements prior to Landlord) and obtaining Landlord’s prior written consent to samethe expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall have may construct nonstructural alterations, additions and improvements ("Alterations") in the right to make interiorPremises, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations which do not (i) affect the structure or HVAC, electrical, plumbing, or mechanical systems other building service centers, and are not visible outside of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for Premises without Landlord's prior approval, if the cost of such alterations or signswork does not exceed Twenty-Five Thousand Dollars ($25,000) and if Tenant provides Landlord with notice prior to commencement of the work, in order to permit Landlord to post a notice of non-responsibility. Upon written request of Tenant, Landlord shall advise Tenant shall have in writing whether it reserves the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that require Tenant shall to remove the same on or before Alterations that are the expiration subject of this Lease, and if so requested by Landlord, promptly after any the request from the Premises upon termination of this the Lease; and provided, further, . Landlord shall provide a written response within fifteen (15) days indicating that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by will allow Tenant to leave the PremisesAlterations in place. If no response is received, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation then it shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion presumed that Landlord has reserved its right to require removal of the Premises by reason Alterations that are the subject of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samerequest.
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