Common use of Tenant’s Work Clause in Contracts

Tenant’s Work. Tenant shall not make any installations, alterations, additions or improvements in or to the Premises, including, without limitation, any aperture in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, provided that (a) Landlord consent to non-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, which do not affect the plumbing, electrical, heating, ventilating, air-conditioning or other Building systems shall not be unreasonably withheld or delayed and (b) Landlord's consent shall not be required for the construction or relocation of partitions which do not extend into the dropped ceiling. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at all times free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premises. Tenant shall employ for such work only contractors approved by Landlord and shall require all contractors employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and comprehensive public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limits set forth in Section 1 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonable times and give notice of observed defects.

Appears in 1 contract

Samples: Extension of Lease (Mercury Computer Systems Inc)

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Tenant’s Work. Tenant shall not make any installations, alterations, additions or improvements in or to the Premises, including, without limitation, any aperture in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, provided that (a) Landlord consent to non-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, which do not affect the plumbing, electrical, heating, ventilating, air-conditioning or other Building systems shall not be unreasonably withheld or delayed and (b) Landlord's consent shall not be required for the construction or relocation of partitions which do not extend into the dropped ceiling. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall To procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Premises Premises; to do all such work in compliance with the applicable provisions of Sections 3.2 and shall perform 5.2.3 hereof; to do all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of laws; any work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work commenced by Tenant will be completed in accordance with the specifications set forth in Exhibit C or otherwise approved plans in writing by Landlord, whichever may be applicable, and specifications. Tenant shall keep that no liens for labor or materials will attach to the Premises with respect to any such work; to pay promptly when due the entire cost of any work on the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premises. Tenant shall ; to employ for such work only one or more responsible contractors approved by Landlord and shall whose labor will work without interference with other labor working on the Premises; to require all such contractors employed by Tenant to carry workerworkmen's compensation insurance in accordance with statutory requirements and comprehensive public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limits set forth in Section 1 1.1 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall ; and to save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Tenant shall have the right to make non-structural changes excluding changes to the HVAC or electrical systems that cost less than $25,000 without the Landlord's prior approval, provided that Tenant shall provide plans and specifications for such work to Landlord may inspect prior to the commencement of such work, and provided that such work shall be undertaken and promptly completed in compliance with the provisions of Tenant at reasonable times this section. Any other Tenant's work shall likewise be undertaken and give notice promptly completed in compliance with the provisions of observed defectsthis section and shall also require Landlord's prior written approval, which approval shall not be unreasonably withheld; any work for which no building permit is required, for example the installation of office furniture, work stations and modular partitions, shall not require the Landlord's prior written consent under this subsection.

Appears in 1 contract

Samples: Millipore Corp /Ma

Tenant’s Work. Tenant shall not make nor cause to be made any installationsAlterations or Utility installations in, alterationson, additions under or improvements in about the Premises without Landlord's prior written consent. Tenant may, however, at its sole cost and expense, make non-structural Alterations or Utility Installations to the interior of the Premises (excluding the roof) without Landlord's consent but upon notice to Landlord, so long as they are not visible from the outside of the Premises, includingdo not involve puncturing, without limitation, relocating or removing the roof or any aperture in the existing walls, partitions, ceilings or floors, without on changing or interfering with the fire sprinkler or fire detection systems and the cumulative cost thereof during each occasion obtaining Lease Year does not exceed $10,000.00. Said notice to Landlord shall include a detailed description of said work and plans therefore. Landlord shall have the prior written opportunity to review said notice and require reasonable modifications the proposed Alterations or Utility Installations. Any Alterations or Utility Installations that Tenant shall desire to make and which require the consent of Landlord, provided that (a) Landlord consent to non-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, which do not affect the plumbing, electrical, heating, ventilating, air-conditioning or other Building systems shall not be unreasonably withheld or delayed and (b) Landlord's consent shall not be required for the construction or relocation of partitions which do not extend into the dropped ceiling. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall procure at Tenant's sole cost and expense all necessary permits and licenses before undertaking any work on the Premises and shall be presented to Landlord in written form with detailed plans. Approval by Landlord shall not be deemed or construed to mean that Tenant's Plans comply with applicable laws, rules, regulations, ordinances, or codes. In the event that Landlord approves Tenant's Plans, Tenant shall submit all subsequent changes or amendments thereto to Landlord for its review and approval. If Landlord rejects Tenaxx'x Xlans, Tenant shall promptly revise and correct the same and promptly resubmit said plans and specifications to Landlord for its review and approval. Upon Landlord's approval of Tenant's Work, Tenant shall, at its sole cost and expense, promptly perform all such work Tenant's Work in a good and workmanlike manner employing using first-class new materials of good quality and so as to conform equipment, in accordance with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested Tenant's Plans which have been approved by Landlord, Tenant shall furnish to Landlord prior to the commencement of any work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed and in accordance with the approved plans requirements of all applicable Laws and specifications. Tenant shall keep the Premises at all times free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premises. Tenant shall employ for such work only contractors approved by Landlord and shall require all contractors employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and comprehensive public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limits set forth in Section 1 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonable times and give notice of observed defectsInsurance Regulations.

Appears in 1 contract

Samples: Letter Agreement (Brooktrout Technology Inc)

Tenant’s Work. On or before the Delivery Date, Landlord shall cause to be delivered to Tenant shall not make any installations, alterations, additions or improvements in or an accurate and complete set of all as-built drawings and architectural plans and specifications with respect to the Premises, including a utilities plan and finished floor elevation, and all mechanical, electrical and other plans and specifications and information (the “Shell Information”) pertaining to or used in connection with the construction of the Premises necessary for Tenant’s architect to prepare plans for Tenant’s initial improvement work at the Premises (“Tenant’s Work”). Tenant’s Work shall be compatible with the Shell Information and must comply with all applicable laws, ordinances and building codes (including, without limitation, the Americans With Disabilities Act of 1990, the Florida Americans With Disabilities Accessibility Implementation Act, and the related implementing regulations, codes, rules and accessibility guidelines, as such acts and related regulations, codes, rules and guidelines may be amended from time to time (collectively, the “ADA”)). Tenant shall have the right, without payment of rent or any aperture other charges, after the Execution Date and prior to the Delivery Date, whenever Tenant shall deem it appropriate, to enter the Premises to inspect the same and, at Tenant’s election, to commence Tenant’s Work; provided, however, that prior to the Delivery Date, any entry onto the Premises shall be at Tenant’s own risk and coordinated with Landlord so as to minimize any interference or disruption to Landlord’s Work. No such entry shall be deemed as Tenant’s acceptance of the Premises, nor shall Tenant be deemed to have assumed control of the Premises by so entering the Premises. All work performed in the wallsPremises by the Tenant shall be done in a good and first-class workmanlike manner and free of any liens on Landlord’s fee simple interest or on Tenant’s leasehold interest in the Premises. Any modifications to the Building’s structural, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, provided that (a) Landlord consent to non-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, which do not affect the plumbingmechanical, electrical, heatingplumbing components shall be approved by Landlord prior to Tenant constructing Tenant’s Work, ventilating, air-conditioning or other Building systems which approval shall not be unreasonably withheld withheld, delayed or delayed conditioned. All costs associated with such approved modifications shall be the sole responsibility of Tenant. Landlord agrees to do, execute, acknowledge and deliver all such further acts, instruments and assurances and to take all such further action (ball at no cost to Landlord) as shall be necessary or desirable to fully consummate and effect the completion of Tenant’s Work, including, but not limited to, providing Tenant and Tenant’s employees, agents, contractors and licensees with full and complete access to the Building and the Common Property surrounding the Building at all times from and after the Delivery Date. In the event that, in the course of completing Tenant’s Work, Tenant experiences any interference, interruption, delay or disturbance that is caused by Landlord or any party claiming by, through or under Landlord's consent , rent shall not be required axxxx on a per diem basis in proportion to such interference, interruption, delay or disturbance. Upon completion of Tenant’s Work, Tenant, at its expense, shall install its furniture, trade fixtures, and equipment so that Tenant can occupy the Premises for the construction or relocation use and purpose intended. Promptly following completion of partitions which do not extend into the dropped ceiling. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord’s Work, Tenant shall furnish deliver to Landlord prior to the commencement a complete set of any work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall keep “as built” drawings for the Premises at detailing all times free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premises. Tenant shall employ for such work only contractors approved by Landlord and shall require all contractors employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and comprehensive public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limits set forth in Section 1 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonable times and give notice of observed defectsTenant’s Work.

Appears in 1 contract

Samples: Weston Town Center South Office Building Lease (Ultimate Software Group Inc)

Tenant’s Work. Tenant shall not make any installations, alterations, additions or improvements in or to the Premises, including, without limitation, any aperture apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord; provided, provided however, that (ai) Landlord shall not unreasonably withhold or delay its consent to non-structural any installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, improvements which do not affect the plumbing, electrical, heating, ventilating, air-conditioning or other Building systems shall not be unreasonably withheld or delayed the structure of the Building or its components; and (bii) Landlord's consent shall not be required for any work that does not affect the construction Building systems or relocation the structure of partitions which do the Building or its components so long as such work shall not extend into the dropped ceilingcost in excess of $10,000 to complete. Any such work so approved consented to by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at all times free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premises. Tenant shall employ for such work only contractors approved by Landlord and shall require all contractors employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and comprehensive public commercial general liability insurance covering such contractors contractors, and naming Landlord, Landlord's property manager and Tenant as additional insureds, on or about the Premises in amounts that at least equal to the limits set forth in Section 1 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonable times and give notice of observed defects.

Appears in 1 contract

Samples: Broadvision Inc

Tenant’s Work. (i) Tenant shall not make any installationsdo the work, alterationsif any, additions or improvements in or to shown on Exhibit B as the Premises, including, without limitation, any aperture in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, provided that (a) Landlord consent to non-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, which do not affect the plumbing, electrical, heating, ventilating, air-conditioning or other Building systems shall not be unreasonably withheld or delayed and (b) Landlord's consent shall not be required for the construction or relocation of partitions which do not extend into the dropped ceiling. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Premises part of the Tenant (herein referred to as “Tenant’s Work”), at its expense, and shall perform all such work in a good and workmanlike manner employing materials in accordance with “Plans and Specifications” (as hereinafter defined) which have been prepared at Tenant’s expense and which have Landlord’s written approval prior to the commencement of good quality Tenant’s Work, which approval shall not be unreasonably withheld, conditioned or delayed. Among other items, Landlord’s review of said Plans and so Specifications may include potential impact on, and potential upgrades required to, base building systems. Landlord’s approval of Tenant’s Plans and Specifications, if given, shall not be deemed or construed as to conform a representation by Landlord that said Plans and Specifications comply with all applicable zoninglaw, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance or are adequate or appropriate for Tenant’s requirements. If requested Further, Landlord’s approval of Tenant’s Plans and Specifications, if given, may be conditioned upon Tenant payment for upgrades to base building systems required or necessitated by LandlordTenant’s Work, or upon a requirement that all or a portion of the Premises be separately metered or check metered for water or electrical consumption, or upon such other reasonable conditions as Landlord may impose. Tenant shall furnish and install any and all necessary trade fixtures, equipment and other items necessary for the proper conduct of Tenant’s business. “Plans and Specifications”, as used in this Section V(b) and in Section XIII, shall mean documents and drawings sufficient for contract bidding and work completion, and shall include, but not be limited to, architectural, mechanical, electrical and plumbing plans. All of the foregoing work and all work Tenant may undertake pursuant to Section XIII of this Lease shall be done in accordance with all laws, rules, regulations and ordinances applicable thereto, including, if necessary, compliance with the Americans With Disabilities Act, as amended from time to time, and the acquisition by Tenant of a Building Permit from the municipal department having jurisdiction, if required. In no event shall Landlord be required to provide or install any trade fixtures or equipment. Tenant agrees to employ for any work it may do pursuant to Sections V(b) and XIII of this Lease, one or more responsible contractors, the identity of which has been reasonably approved by Landlord prior to the commencement of such work, whose labor will not unreasonably interfere with other labor working in and about the Building and Property and with suppliers of materials for use in construction in and about the Building and Property, and especially Tenant agrees that it will not do or permit to be done anything which would cause any work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that labor difficulty in connection with any work by Tenant will be completed construction in accordance with and about the approved plans Building and specificationsProperty. Tenant shall keep the Premises at all times free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premises. Tenant shall employ for such work only contractors approved by Landlord and shall require all contractors employed by Tenant to carry worker's compensation insurance Worker’s Compensation Insurance in accordance with statutory requirements and comprehensive public liability insurance to carry Commercial General Liability Insurance and Automobile Liability Insurance covering such contractors on in or about the Premises Premises, Building and Property in amounts that at least equal the not less than Two Million Dollars ($2,000,000) combined single limits set forth for property damage, for injury or death of more than one person in Section 1 a single accident, and to submit certificates of insurance evidencing such coverage to Landlord prior to the commencement of such work, which name Landlord as an additional insured thereunder as its interest may appear. Tenant agrees to indemnify and hold harmless Landlord and its management agent from all claims, actions, demands and causes of actions occasioned by Tenant’s contractors being on or about the Premises, the Building, or the Property, and from Tenant’s contractors performing work in the Premises, including, but not limited to, any claims, actions, demands or causes of action asserted by any other tenants in the Building against Landlord as a result of breach of covenant of quiet enjoyment. All contractors, subcontractors, mechanics, laborers, materialmen, and others who perform any work, labor or services, or furnish any materials, or otherwise participate in the improvement of the Premises, shall be and are hereby given notice that Tenant is not authorized to subject Landlord’s interest in the Premises, Building or Property to any claim for mechanics’, laborers’ and materialmen’s liens, and all persons dealing directly or indirectly with Tenant may not look to the Premises, Building or Property as security for payment. Tenant shall save Landlord harmless harmless, and indemnified will exonerate and indemnify Landlord from and against all injuryexpenses, lossliens, claims or damage damages to either property or person which may or might arise by reason of the making of any person or property occasioned such additions, improvements, alterations and/or installations by or growing out on behalf of such work. Landlord may inspect the work of Tenant at reasonable times and give notice of observed defectsTenant.

Appears in 1 contract

Samples: Lease (Ace Comm Corp)

Tenant’s Work. Tenant shall not make any installations, ----------------------- alterations, additions or improvements in or to the Premises, including, without limitation, including any aperture apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, provided that (a) Landlord which consent to non-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, which do not affect the plumbing, electrical, heating, ventilating, air-conditioning or other Building systems shall not be unreasonably withheld or delayed and (b) delayed; provided, however, that Landlord's prior consent shall not be required for the construction with respect to nonstructural, non-mechanical and non-electrical changes or relocation alterations having an aggregate cost of partitions which do not extend into the dropped ceilingcompletion of less than $25,000.00. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor therefore approved by Landlord. Tenant shall procure at Tenant's sole expense all necessary permits pen-nits, licenses and licenses approvals before undertaking any such work on in the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work costing more than $50,000 to complete a bond lxxx xxxx in an amount satisfactory to, and from a surety acceptable to, Landlord, as well as payment and performance bonds or other security reasonably acceptable to Landlord Landlord, assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at all times free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premises. Tenant shall employ for such work only contractors and subcontractors approved by Landlord and Landlord, which approval will not be unreasonably withheld or delayed. All contractors performing work in the Premises shall require all be subject to the prior approval of Landlord, such approval not to be unreasonably withheld. All contractors employed by Tenant to shall carry worker's compensation insurance in accordance with statutory requirements and comprehensive public general liability insurance covering such contractors on or about the Premises contractors, and naming Landlord and Tenant as additional insureds, in amounts that at least equal to the limits set forth in Section 1 and to I. I. Said contractors shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save defend, hold Landlord harmless and indemnified indemnify Landlord from all injury, loss, claims or damage to any person or property occasioned by or growing arising out of such work. Landlord may inspect the work of Tenant at reasonable times and give notice of observed defects. Tenant shall keep the Premises and the Property at all times free of liens for labor and materials caused by, arising out of, or resulting from work performed by or on behalf of Tenant, or in connection with the use and/or occupancy of the Premises by Tenant. Tenant agrees promptly to discharge of record (either by payment or by filing of the necessary bond, or otherwise) any mechanics', materialmen, or other lien or like filing, including, any notice of contract against the Premises, the Building, the Property and/or any part thereof (including Landlord's interest therein), which liens may arise out of any payment due for, or purported to be due for, any labor, services, materials, supplies, or equipment alleged to have been furnished to or for the Tenant in, upon or about the Premises.

Appears in 1 contract

Samples: Lease Metro (International Wireless Inc)

Tenant’s Work. Tenant shall not make any installations, alterations, additions or improvements in or to the Premises, including, without limitation, any aperture apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, provided that (a) . Landlord will not unreasonably withhold or delay its consent to non-structural installationsstructural, alterations, additions non-mechanical and non-electrical alterations or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, which do not affect improvements to the plumbing, electrical, heating, ventilating, air-conditioning or other Building systems shall not be unreasonably withheld or delayed and (b) Landlord's consent shall not be required for the construction or relocation of partitions which do not extend into the dropped ceilingPremises. Any such work so approved consented to by Landlord shall be performed only in accordance with plans and specifications therefor reasonably approved by Landlord. Tenant shall procure at Tenant's ’s sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at all times free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premises. Tenant shall employ for such work only contractors approved by Landlord and shall require all contractors employed by Tenant to carry worker's ’s compensation insurance in accordance with statutory requirements and comprehensive public general liability insurance covering such contractors contractors, and naming Landlord and Tenant as additional insureds, on or about the Premises in amounts that at least equal to the limits set forth in Section 1 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonable times and give notice of observed defects. For the avoidance of doubt Landlord understands that GTC anticipates establishing a laboratory facility in the Laboratory Space which may include, but not be limited to the use of very small quantities of radioactive material under all applicable laws, including, without limitation, all applicable Environmental Laws (e.g. obtaining a Radiation Use Certificate) and in consideration of the issues set forth in Exhibit I of this Agreement.

Appears in 1 contract

Samples: Lease (GTC Biotherapeutics Inc)

Tenant’s Work. Tenant shall not make any installations, alterations, additions additions, or improvements in or to the Premises, including, without limitation, any aperture apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, provided that (a) Landlord consent to non-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, which do not affect the plumbing, electrical, heating, ventilating, air-conditioning or other Building systems shall not be unreasonably withheld or delayed and (b) Landlord's consent shall not be required for the construction or relocation of partitions which do not extend into the dropped ceiling. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor reasonably approved by Landlord. However, Xxxxxxxx’s consent shall not be required for any proposed installations, alterations, additions, or improvements that satisfy all of the following criteria (“Permitted Alterations”): (1) is not visible from the exterior of the Premises or Building; (2) will not affect the systems or structure of the Building; (3) does not require a building permit; and (4) will not, in the aggregate, cost more than $10,000.00. Further, installation and reconfiguration of racking in the Premises shall not require Landlord’s consent. Except for the requirement of obtaining Landlord’s prior written consent and the requirement of delivering plans to the Landlord, Permitted Alterations shall otherwise be subject to all the other provisions of this Section 10.05. Tenant shall procure at Tenant's ’s sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at specifications and that all times free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premisessubcontractors will be paid. Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry worker's ’s compensation insurance in accordance with statutory requirements and comprehensive public commercial general liability insurance covering such contractors on or about the Premises in amounts that at least equal the limits set forth in Section 1 with a combined single limit not less than $3,000,000 and to shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save indemnify and hold harmless Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonable times and give given notice of observed defects. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts and proof of payment for all labor and materials.

Appears in 1 contract

Samples: And Attornment Agreement (Universal Power Group Inc.)

Tenant’s Work. In the event that Landlord permits Tenant to hire its own contractors for the performance of any Work, then in addition to the provisions of Section 7.01, the following shall apply: (i) prior to the commencement of the Work or the delivery of any materials to the Building, Tenant shall not make any installationssubmit to Landlord for Landlord’s reasonable approval, alterationsthe names and addresses of all contractors, additions or improvements in or to the Premisescontracts, necessary permits and licenses, certificates of insurance (including, without limitation, Worker’s Compensation, commercial general liability and adequacy of design insurance) and instruments of indemnification and waivers of lien against any aperture and all claims, costs, expenses, damages and liabilities which may arise in connection with the wallsWork, partitions, ceilings all in such form and amount as shall be reasonably satisfactory to Landlord; (ii) all such Work shall be done only by qualified and/or licensed (as applicable) union contractors or floors, without on each occasion obtaining the prior written consent of Landlord, provided that mechanics approved by Landlord (a) Landlord consent to non-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, which do not affect the plumbing, electrical, heating, ventilating, air-conditioning or other Building systems approval shall not be unreasonably withheld or delayed withheld) and at such time and in such manner as Landlord may from time to time reasonably designate; (iii) upon completion of any Work, Tenant shall furnish Landlord with as-built plans (if a building permit was needed in connection with such Work), contractors’ affidavits, full and final waivers of lien, receipted bills covering all labor and materials expended and used in connection with such Work, and (biv) Landlord's consent all such Work shall not be required for comply with all insurance requirements, all laws, ordinances, rules and regulations of all governmental authorities, and all collective bargaining agreements applicable to the construction or relocation of partitions which do not extend into the dropped ceiling. Any such work so approved by Landlord Building, and shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work done in a good and workmanlike manner employing materials and with the use of good quality grades of new materials. Without limitation to the generality of the foregoing, under no circumstances shall Tenant be allowed to access any risers, the roof, or any life-safety systems without the express written consent of Landlord, and so as to conform with Landlord may require that Tenant use Landlord’s preferred contractor provided the same is at market rates. At all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlordtimes during the term of this Lease, Tenant shall furnish ensure that all wiring and cabling that it installs within the Premises or Building complies with all provisions of local fire and safety codes, as well as with the National Electric Code. Further, upon the expiration or sooner termination of the Term, Tenant shall remove all wiring and cabling within the Premises and the Building (including the plenums, risers and rooftop) placed there by or at the direction of Tenant, unless excused in writing by Landlord. Without limitation to the remedies available to Landlord prior in the event that Tenant fails to comply with Tenant’s cabling and wiring removal and disposal obligation, Tenant shall forfeit such sums from the commencement Security Deposit (or otherwise pay to Landlord) an amount that Landlord reasonably believes necessary for the removal and disposal of any work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans such wires and specifications. Tenant shall keep the Premises at all times free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premises. Tenant shall employ for such work only contractors approved by Landlord and shall require all contractors employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and comprehensive public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limits set forth in Section 1 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonable times and give notice of observed defectscabling.

Appears in 1 contract

Samples: Office Lease (Catabasis Pharmaceuticals Inc)

Tenant’s Work. Tenant shall not make any installations, alterations, additions or improvements do no work in or to the Premises, including, without limitation, any aperture premises in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, provided that (a) Landlord consent to non-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, which do not affect the plumbing, electrical, heating, ventilating, air-conditioning or other Building systems shall not be unreasonably withheld or delayed and (b) Landlord's consent shall not be required preparation for the construction or relocation of partitions which do not extend into the dropped ceilinginitial occupancy hereunder. Any such work so approved done by Landlord the Tenant shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work done in a good and workmanlike manner employing materials of good quality in accordance with "plans and so specifications" (as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by hereinafter defined) which have Landlord, Tenant shall furnish to Landlord 's written approval prior to the commencement of Tenant's work. Tenant shall furnish and install any and all necessary trade fixtures, equipment and other items necessary for the proper conduct of Tenant's business. "Plans and Specifications", as used in this Section V(b) and in Section XIV shall mean documents and drawings sufficient for contract bidding and work costing more than $50,000 completion. All of the foregoing work and all work Tenant may undertake pursuant to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will Section XIV of this lease shall be completed done in accordance with all laws, rules, regulations and ordinances applicable thereto, including, if necessary, compliance with the approved plans Americans With Disabilities Act, and specificationsthe acquisition by Tenant of a Town of Wilmington Building Permit. In no event shall Landlord be required to provide or install any trade fixtures or equipment. Tenant agrees to employ for any work it may do pursuant to Sections V(b) and XIV of this lease one or more responsible contractors whose labor will work in harmony with other labor working in and on the Building and Property and with suppliers of materials for use in construction in and on the Building and Property, and especially Tenant agrees that he will not do or permit to be done anything which would cause any labor difficulty in connection with any construction in and the Building and Property. Tenant shall keep the Premises at all times free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premises. Tenant shall employ for such work only contractors approved by Landlord and shall require all such contractors employed by Tenant to carry workerWorkmen's compensation insurance Compensation Insurance in accordance with statutory requirements and comprehensive public liability insurance to carry Comprehensive Public Liability Insurance and Automobile Liability Insurance covering such contractors on in or about the Premises premises in amounts not less that at least equal the Five Hundred Thousand ($500,000) Dollars combined single limits set forth for property damage, for injury or death of more than one person in Section 1 a single accident and to submit certificates of insurance evidencing such coverage to Landlord prior to the commencement of such work. Tenant agrees to indemnify and hold harmless Landlord from all claims, actions, demands and causes of actions occasioned by Tenant's contractors being on or about the premises or the Building or the Property of which the same form a part and from Tenant's contractors performing work in the premises. All contractors, subcontractors, mechanics, laborers, materialmen, and others who perform any work, labor or services, or furnish any materials, or otherwise participate in the labor or services, or furnish any materials, or otherwise participate in the improvement of the premises shall be and are hereby given notice that Tenant is not authorized to subject Landlord's interest in the premises to any claim for mechanics', laborers' and materialmen's liens, and all persons dealing directly or indirectly with Tenant may not look to the premises as security for payment. Tenant shall save Landlord harmless from and indemnified from against all injuryexpenses, lossliens, claims or damage damages to either property or person which may or might arise by reason of the making of any person or property occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonable times and give notice of observed defectsadditions, improvements, alterations and/or installations.

Appears in 1 contract

Samples: Ascent Pediatrics Inc

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Tenant’s Work. Tenant shall not make any installations, alterations, additions or improvements in or to the Premises, including, without limitation, any aperture in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, provided that (a) Landlord consent to nonTenant shall complete the build-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation out of partitions the Premises and installation of computer cabling, which do not affect the plumbing, electrical, heating, ventilating, air-conditioning or other Building systems shall not be unreasonably withheld or delayed install its fixtures and (b) Landlord's consent shall not be required for the construction or relocation of partitions which do not extend into the dropped ceiling. Any such work so approved by Landlord shall be performed only equipment in accordance with plans and specifications therefor approved by that part of Exhibit B entitled "Tenant's Work". Landlord may perform any part of Tenant's Work if Tenant fails to perform any of Tenant's Work or if, in Landlord's reasonable judgment, it is necessary to coordinate the opening of or maintain the existing operation of the Shopping Center. Tenant shall procure at reimburse Landlord for any of Tenant's sole expense Work performed by the Landlord within ten (10) days after Landlord presents an invoice for the work to Tenant. During the course of Tenant's Work, Tenant shall be responsible for collecting and removing all necessary permits trash and licenses before undertaking construction debris. Landlord may elect to furnish trash or construction debris receptacles. If the Landlord provides trash or construction debris receptacles, Tenant shall reimburse Landlord for the cost (as reasonably estimated by Landlord) of the receptacles and for removing Tenant's trash. In addition, Tenant shall reimburse Landlord (as reasonably estimated by Landlord) for any work on temporary electricity or other utilities furnished by Landlord to the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specificationsrequired construction barricades. Tenant shall keep perform any other work necessary to open its store for business, including obtaining all approvals and certificates of occupancy. The Premises shall be stocked with suitable merchandise by Tenant, fully staffed and open for business to the Premises at all times free of liens for labor and materialspublic, and Tenant shall promptly bond off any liens made against the Premises. Tenant shall employ for such work only contractors approved by Landlord and shall require all contractors employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and comprehensive public liability insurance covering such contractors on or about before the Premises in amounts that at least equal the limits set forth in Section 1 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonable times and give notice of observed defectsCommencement Date.

Appears in 1 contract

Samples: Lease Agreement (Americabilia Com Inc)

Tenant’s Work. Except as otherwise described in this Section 10.4, Tenant shall not make any installations, alterations, additions or improvements in or to the Premises, including, without limitation, any aperture appertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of LandlordLandlord (i) which consent, provided that (a) Landlord consent as to non-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, which improvements that do not affect the plumbing, electrical, heating, ventilating, air-conditioning or other Building systems or the structure of the Premises or the Building, shall not be unreasonably withheld or delayed and (bii) Landlord's which consent shall not be required for the construction or relocation of partitions which do necessary as to cosmetic improvements (i.e., painting and carpeting) that does not extend into the dropped ceilingcost more than $10,000 in any one instance. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications (except for cosmetic improvements) and a construction schedule therefor reasonably approved in advance by Landlord. Tenant shall procure at Tenant's ’s sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. Prior to commencing any work at the Premises, Tenant shall provide Landlord with a copy of the executed contract with the general contractor for such work. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at all times free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premises. Tenant shall employ for such work only contractors approved by Landlord Landlord, which approval shall not be unreasonably withheld, and shall require all contractors employed by Tenant to carry worker's ’s compensation insurance in accordance with statutory requirements and comprehensive commercial public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limits set forth in Section 1 limit of $2,000,000 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Subject to compliance with the terms of Section 10.6 of this Lease, Landlord may inspect the work of Tenant at reasonable times and give notice of observed defects.. Subject to the above provisions of this Section 10.4, including the submission of final plans and specifications to Landlord for Landlord’s approval, and so long as Tenant’s engineer or architect certifies to Landlord that such items, once installed, will either be compatible with the Building’s plumbing, electrical and mechanical systems or Tenant will perform such upgrades or modification to the applicable systems in the Building necessary to achieve such compatibility (subject to Landlord’s prior written approval of Tenant’s request to perform the same and to the plans and specifications for the same, which approval shall not be unreasonably withheld, delayed or conditioned), Tenant shall have the right to install the specialized tenant improvements that are mutually agreed to by Landlord and Tenant after the date hereof (the “Approved Specialized Tenant Improvements”). Once the Approved Specialized Tenant Improvements are agreed to, Landlord and Tenant shall enter into a letter agreement acknowledging the same and acknowledging that the list of such agreed to items shall be deemed to be attached to this Lease as Exhibit E. Tenant shall perform all necessary maintenance, repairs and replacements of the Approved Specialized Tenant Improvements throughout the Lease Term. Landlord acknowledges and agrees that Xxxxxxxx has reviewed and approved the space plan attached hereto as Exhibit F (the “Space Plan”). Landlord shall not unreasonably withhold, delay or condition its approval of the final plans and specifications (the “Final Plans”) for the leasehold improvements shown on the Space Plan and the Approved Specialized Tenant Improvements so long as such final plans are, in Landlord’s good faith judgment, substantially in accordance with the Space Plan and Exhibit E and do not contain any material modifications and so long as such Final Plans are accompanied by the certification referred to above in this paragraph. If the Final Plans contain any material modifications to the Space Plan or Exhibit E, Xxxxxxxx’s approval of the Final Plans will not be unreasonably withheld, conditioned or delayed so long as such Final Plans are accompanied by the certification referred to above in this

Appears in 1 contract

Samples: Avant Immunotherapeutics Inc

Tenant’s Work. Tenant shall not make any installations, alterations, additions or improvements in or to the Premises, including, without limitation, any aperture apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, provided that (a) . Landlord will not unreasonably withhold or delay its consent to non-structural installationsstructural, alterations, additions non-mechanical and non-electrical alterations or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, which do not affect improvements to the plumbing, electrical, heating, ventilating, air-conditioning or other Building systems shall not be unreasonably withheld or delayed and (b) Landlord's consent shall not be required for the construction or relocation of partitions which do not extend into the dropped ceilingPremises. Any such work so approved consented to by Landlord shall be performed only in accordance with plans and specifications therefor reasonably approved by Landlord. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at all times free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premises. Tenant shall employ for such work only contractors approved by Landlord and shall require all contractors employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and comprehensive public general liability insurance covering such contractors contractors, and naming Landlord and Tenant as additional insureds, on or about the Premises in amounts that at least equal to the limits set forth in Section 1 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonable times and give notice of observed defects.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Genzyme Transgenics Corp)

Tenant’s Work. Tenant shall not make any installations, alterations, additions or improvements (collectively, the "Improvements") in or to the PremisesPremises costing in the aggregate more than Ten Thousand Dollars ($10,000) and/or requiring a building permit, including, without limitation, any aperture apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, provided that (a) Landlord which consent to non-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, which do not affect the plumbing, electrical, heating, ventilating, air-conditioning or other Building systems shall not be unreasonably withheld or delayed and (b) Landlord's consent shall not be required for the construction or relocation of partitions which do not extend into the dropped ceilingwithheld. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Plans and specifications pertaining to any proposed Improvements must be submitted to Landlord for approval, along with the name of the contractor to perform such work, at least thirty (30) days prior to the commencement of construction of the Improvements. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If reasonably requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant to be performed by, or on behalf of, Tenant, will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at all times free of liens for labor and materials. If any such lien is filed, and Landlord may, but shall not be required to, take such action as Landlord in its sole discretion deems necessary to remove all such liens, Tenant shall promptly bond off any liens made against pay to Landlord upon demand the Premisesamounts expended by Landlord in causing such removal, together with interest thereon at the Delinquency Rate (as hereinafter defined) from and including the date of Landlord's expenditure until the date Landlord is reimbursed by Tenant. In connection with the construction of all Improvements, Tenant shall employ for such work only contractors approved by Landlord engage a contractor (licensed to conduct business in the Commonwealth of Massachusetts) who shall obtain and shall require all contractors employed by Tenant to carry worker's maintain general liability insurance and property damage insurance and workers' compensation insurance in accordance with statutory requirements amounts not less than required of Tenant under Section 6 and comprehensive public liability such policies (excluding the workers' compensation insurance) shall name Landlord as an additional insured and will be issued by insurance covering companies licensed to do business in the Commonwealth of Massachusetts, satisfactory to Landlord and having an A.M. Best's rating of not less than A. Certificates of insurance relative to such contractors on or about the Premises in amounts that at least equal the limits set forth in Section 1 and to submit certificates evidencing such coverage policies shall be delivered to Landlord prior to the commencement of such workconstruction of any Improvements. Tenant shall save Landlord harmless and indemnified from all injuryinjuries, losslosses, costs (including, without limitation), claims or damage and damages to any person or property occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonable times and give notice of observed defects.

Appears in 1 contract

Samples: Ilc Technology Inc

Tenant’s Work. Tenant shall not make any installations, alterations, additions additions, or improvements in or to the Premises, including, without limitation, any aperture apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord. Landlord agrees that it will not unreasonably withhold, provided that (a) Landlord condition or delay its consent to non-structural installations, any alterations, additions improvements or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, installations which do not affect the plumbing, electrical, heating, ventilating, air-conditioning structure of the Building or other Building any systems shall not be unreasonably withheld or delayed and (b) Landlord's consent shall not be required for serving the construction or relocation of partitions which do not extend into the dropped ceilingBuilding. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Premises and shall perform Perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at specifications and that all times free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premisessubcontractors will be paid. Tenant shall employ for such work only contractors approved by Landlord and shall require all contractors employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and comprehensive public commercial general liability insurance covering such contractors on or about the Premises in amounts that at least equal the limits set forth in Section 1 with a combined single limit not less than $3,000,000 and to shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save indemnify and hold harmless Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property Premises occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonable times and give given notice of observed defects. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts and proof of payment for all labor and materials.

Appears in 1 contract

Samples: Lease Agreement (Petco Animal Supplies Inc)

Tenant’s Work. Tenant shall not make any installations, alterations, additions or improvements in or to the Premises, including, without limitation, any aperture in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, provided that (a) Landlord consent Tenant shall be responsible for making any alterations or improvements to non-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of computer cablingthe Premises required by Tenant, which shall be at Tenant’s sole cost and expense. Tenant shall cause an architect licensed in the State of Florida to prepare complete construction plans and specifications for said initial alterations and improvements (“Tenant’s Plans”) in accordance with the requirements of Exhibit C attached hereto. Tenant’s Plans shall be subject to review and approval by Landlord as provided in Exhibit C. Landlord shall respond to Tenant’s Plans (either by approval, request for additional information, request for revision or communication of a reason for failure to approve) within seven (7) Business Days (as defined in the Rules and Regulations) after the date of Landlord’s receipt of Tenant’s Plans or any resubmission, plus such additional period of time, not to exceed an additional ten (10) Business Days, as may be necessary for review of Tenant’s Plans by a third-party architect, engineer or other consultant if Landlord determines that any aspect of Tenant’s Plans requires such third-party review. Until Landlord shall have unconditionally approved all of Tenant’s Plans, Tenant, shall deliver to Landlord such additional information, documentation and/or revisions to Tenant’s Plans as are necessary to obtain Landlord’s approval of Tenant’s Plans and this process shall continue until Tenant’s Plans are approved by Landlord and Tenant. Landlord’s approval of Tenant’s Plans shall not be unreasonably withheld or delayed provided the same do not affect the structural elements of the Building, equal or exceed Building standards in quality, do not adversely affect or require any modifications to the plumbing, electrical, heating, ventilating, air-conditioning conditioning, mechanical, electrical or other Building life-safety systems shall of the Building, are not be unreasonably withheld or delayed and (b) Landlord's consent shall not be required for the construction or relocation visible from outside of partitions which do not extend into the dropped ceiling. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications therefor approved by Landlord. Tenant shall procure at Tenant's sole expense all necessary permits and licenses before undertaking any work on the Premises and shall not increase Taxes or Insurance Costs nor require Landlord to perform all such any work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at all times free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premises. Tenant shall employ for such work only contractors approved by Landlord and shall require all contractors employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and comprehensive public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limits set forth in Section 1 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Landlord may inspect the work of Tenant at reasonable times and give notice of observed defectsProperty.

Appears in 1 contract

Samples: AxoGen, Inc.

Tenant’s Work. Except as otherwise described in this Section 10.4, Tenant shall not make any installations, alterations, additions or improvements in or to the Premises, including, without limitation, any aperture apertures in the walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of LandlordLandlord (i) which consent, provided that (a) Landlord consent as to non-structural installations, alterations, additions or improvements, including, without limitation, construction or relocation of partitions and installation of computer cabling, which improvements that do not affect the plumbing, electrical, heating, ventilating, air-conditioning or other Building systems or the structure of the Premises or Building, shall not be unreasonably withheld or delayed and (bii) Landlord's which consent shall not be required for the construction or relocation of partitions which do necessary as to cosmetic improvements (i.e., painting and carpeting) that does not extend into the dropped ceilingcost more than $150,000 in any one instance. Any such work so approved by Landlord shall be performed only in accordance with plans and specifications (except for cosmetic improvements) and a construction schedule therefor reasonably approved in advance by Landlord. Tenant shall procure procure, at Tenant's ’s sole expense expense, all necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. Prior to commencing any work at the Premises, Tenant shall provide Landlord with a copy of the executed contract with the general contractor for such work. If requested by Landlord, Tenant shall furnish to Landlord prior to the commencement of any such work costing more than $50,000 to complete a bond or other security acceptable to Landlord assuring that any work by Tenant will be completed in accordance with the approved plans and specifications. Tenant shall keep the Premises at all times free of liens for labor and materials, and Tenant shall promptly bond off any liens made against the Premises. Tenant shall employ for such work only contractors approved by Landlord Landlord, which approval shall not be unreasonably withheld, and shall require all contractors employed by Tenant to carry worker's ’s compensation insurance in accordance with statutory requirements and comprehensive commercial public liability insurance covering such contractors on or about the Premises in amounts that at least equal the limits set forth in Section 1 limit of $2,000,000 and to submit certificates evidencing such coverage to Landlord prior to the commencement of such work. Tenant shall save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work. Subject to compliance with the terms of Section 10.6 of this Lease, Landlord may inspect the work of Tenant at reasonable times and give notice of observed defects.

Appears in 1 contract

Samples: Lease (Celldex Therapeutics, Inc.)

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