Access by Tenant. A. Landlord shall permit Tenant, Xxxxxx’s Contractor(s) and Tenant’s agents, suppliers, and workmen to take possession of and enter the Premises, pursuant to the Lease, upon compliance with the requirements of this Rider by Xxxxxx, including, without limitation, the insurance requirements. The permission herein granted for the entry of Tenant and Xxxxxx’s Contractor(s) into the Building is conditioned upon Tenant and Tenant’s agents, contractors, workmen, suppliers and invitees working in harmony with and not interfering with Landlord’s contractors or their subcontractors or with contractors performing work in the Building for other tenants or occupants, not interfering with any occupants of the Building, complying with reasonable rules and regulations instituted by Landlord for the protection and completion of such work for other tenants or occupants. Landlord will use reasonable efforts to cause contractors performing work for other tenants or occupants in the Building not to unreasonably interfere with Xxxxxx’s contractors, but shall in no event have any liability with respect to any interference. If at any time such entry shall cause disharmony or unreasonable interference with any of Landlord’s employees, agents, contractors, their subcontractors, other tenants or occupants of the Building or others or if such disharmony or interference shall, in Landlord’s reasonable judgment, be imminently threatened, Landlord shall have the right to withdraw such permission upon not less than forty-eight (48) hours written notice; provided, however, that such permission shall remain in effect if Tenant has cured the same (or such interference or disharmony has ceased and Tenant has agreed and provided assurances to Landlord as it shall have reasonably requested, that such problem will not occur again) prior to the time of termination set forth in such notice. Tenant agrees that any such entry into and occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to covenant to pay Base Rent and Additional Rent, and further agrees that in connection therewith Landlord shall not be liable in any way for any injury, loss or damage which may occur to any property placed in the Premises, the same being strictly at Tenant’s sole risk, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors. Tenant shall allow Landlord access to the Premises, for inspection purposes, at all reasonable times. Tenant shall cause its contractors, for which it has contracted separately, prior to the commencement of any construction work in the Building, to indemnify, defend and hold Landlord, its designated agents, members, beneficiaries, partners, Management Agent, mortgagees, and all of their respective members, partners, shareholders, directors, officers, agents and employees harmless from all damages, claims, liability, and costs (including, without limitation, reasonable attorney’s fees) and expenses arising out of or connected with the activities of such contractor or any of its subcontractors or any of their respective agents or employees, suppliers or workmen in or about the Premises or the Building. Tenant shall (except to the extent of any indemnity recovered pursuant to the preceding sentence) indemnify, defend and hold Landlord, its designated agents, or any of its members, beneficiaries, partners, Management Agent, mortgagees, and all of their respective partners, members, shareholders, directors, officers, agents and employees harmless from all damages, claims, liability, and costs (including, without limitation, reasonable attorney’s fees) and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Premises or the Building. In addition, prior to the initial entry to the Building or the Premises by Tenant and by each contractor or subcontractor for Tenant, Tenant shall furnish Landlord with certificates of insurance covering Landlord, its designated agents, or any of its beneficiaries and the partners thereof, Management Agent, mortgagees and such additional parties as Landlord may reasonably designate as additional insured parties, with such coverages and in such amounts as Landlord may reasonably require in order to insure Landlord, its designated agents, or any of its beneficiaries and the partners thereof, its management agent, mortgagees and such additional parties, and all of their respective agents and employees, against liability for injury or death or damage to property of Landlord or its tenants or others, by reason of such entry or any activity or work carried on, in, on or about the Land, the Building or the Premises by or on behalf of Tenant. B. Notwithstanding Tenant’s right to separately contract for construction and completion of the Tenant Improvements, Tenant shall coordinate, and cause its contractors to coordinate with Landlord and its designated agents in relation to the scheduling of the days and times of construction, the use of Building loading docks, the delivery of materials and labor for the Premises, the elimination of rubbish and construction debris, and the days and times designated for the undertaking of any portion of the tenant improvements which will cause significant noise, vibration, or other conditions which might interfere with the business operations of other tenants or occupants of the Building taking into account the nature of such tenant or occupant’s business operations. Tenant shall cause Xxxxxx’s Architect to furnish to Landlord from time to time such other information as Landlord shall reasonably request in connection with the construction of the Tenant Improvements. Tenant shall require all contractors and subcontractors performing work on behalf of Tenant to provide protection against damage to the Building and work of other tenants or occupants to an extent that is satisfactory to Landlord in the reasonable exercise of its discretion. In any event, however, if such damage shall occur, and shall have been caused directly by Tenant or its contractors or any of their respective subcontractors, agents, employees or invitees, Tenant shall promptly restore and repair, or cause its contractor to promptly restore and repair, such damage, or Landlord or Landlord’s contractor may, at Landlord’s option and upon written notice to Tenant, restore and repair any such damage or permit any other tenant or its contractor to restore work for such tenant or occupant which has been damaged, in each case at Tenant’s sole cost.
Appears in 2 contracts
Samples: Office Lease (Ameriquest, Inc.), Office Lease (Ameriquest, Inc.)
Access by Tenant. A. Landlord shall Landlord, at Landlord's sole discretion, may permit Tenant, Xxxxxx’s Contractor(s) Tenant and Tenant’s agents, suppliers, and workmen 's agents to take possession of and enter the Premises, pursuant Premises as licensees prior to the Leasedate specified as the commencement of the Term of said Lease in order that Tenant may do such other work as may be required by Tenant to make the Premises ready for Tenant's use and occupancy thereof. If Landlord permits such entry prior to the commencement of the Term, upon compliance with the requirements of this Rider by Xxxxxx, including, without limitation, the insurance requirements. The permission herein granted for the entry of Tenant and Xxxxxx’s Contractor(s) into the Building such license is conditioned upon Tenant and Tenant’s 's agents, contractors, workmen, mechanics, suppliers and invitees working in harmony with and not interfering with Landlord or Landlord’s contractors 's agents in constructing and installing the Work or their subcontractors doing any other work in or about the Premises or Building, or with contractors performing work in the Building for other tenants or occupantstenants, not interfering with any invitees and occupants of the Building, complying with reasonable rules and regulations instituted by Landlord for the protection and completion of such work for other tenants or occupants. Landlord will use reasonable efforts to cause contractors performing work for other tenants or occupants in the Building not to unreasonably interfere with Xxxxxx’s contractors, but shall in no event have any liability with respect to any interference. If at any time such entry shall cause disharmony or unreasonable interference with any of Landlord’s employees, agents, contractors, their subcontractors, other tenants or occupants of the Building or others or if threaten to cause such disharmony or interference shall, in Landlord’s reasonable judgment, be imminently threatenedtherewith, Landlord shall have the right to withdraw such permission license upon not less than fortytwenty-eight four (4824) hours hours' written notice; provided, however, that such permission shall remain in effect if Tenant has cured the same (or such interference or disharmony has ceased and Tenant has agreed and provided assurances notice to Landlord as it shall have reasonably requested, that such problem will not occur again) prior to the time of termination set forth in such noticeTenant. Tenant agrees that any such entry into and occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, Lease except as to the covenant to pay Base Rent and Additional Rentrent, and further agrees that in connection therewith Landlord shall not be liable in any way for any injury, loss or damage which may occur to any of Tenant's work or installations made in the Premises or to property placed in the Premisestherein, the same being strictly at Tenant’s sole riskand Tenant agrees to protect, except to the extent caused by the gross negligence or willful misconduct of defend, indemnify and save harmless Landlord or and Landlord’s 's principals, agents, employees or contractors. Tenant shall allow Landlord access to the Premises, for inspection purposes, at all reasonable times. Tenant shall cause its contractors, for which it has contracted separately, prior to the commencement of any construction work in the Building, to indemnify, defend and hold Landlord, its designated agents, members, beneficiaries, partners, Management Agent, mortgagees, and all of their respective members, partners, shareholders, directors, officers, agents beneficiaries and employees harmless from all liabilities, costs, damages, claims, liability, and costs (including, without limitation, reasonable attorney’s fees) fees and expenses arising out of or connected with the activities of such contractor or in any of its subcontractors or any of their respective agents or employees, suppliers or workmen in or about the Premises or the Building. Tenant shall (except to the extent of any indemnity recovered pursuant to the preceding sentence) indemnify, defend and hold Landlord, its designated agents, or any of its members, beneficiaries, partners, Management Agent, mortgagees, and all of their respective partners, members, shareholders, directors, officers, agents and employees harmless from all damages, claims, liability, and costs (including, without limitation, reasonable attorney’s fees) and expenses arising out of or way connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Premises or the Building. In addition, prior the event Tenant employs contractors to do work in the initial entry to the Building or the Premises by Tenant and by each contractor or subcontractor for TenantPremises, Tenant shall furnish secure and pay for Worker's Compensation, Employers Liability Insurance, and Comprehensive General Liability Insurance in forms and amounts acceptable to Landlord. All policies shall be endorsed to include Landlord with certificates of insurance covering Landlord, and its designated agents, or any of its beneficiaries employees and the partners thereof, Management Agent, mortgagees and such additional parties as Landlord may reasonably designate agents as additional insured parties, with such coverages and in such amounts as Landlord may reasonably require in order to insure Landlord, its designated agents, or any of its beneficiaries and the partners thereof, its management agent, mortgagees and such additional parties, and all of their respective agents and employees, against liability for injury or death or damage to property of Landlord or its tenants or others, by reason . Certified copies of such entry or any activity or work carried on, in, on or about the Land, the Building or the Premises by or on behalf of Tenant.
B. Notwithstanding Tenant’s right to separately contract for construction and completion of the Tenant Improvements, Tenant shall coordinate, and cause its contractors to coordinate with Landlord and its designated agents in relation to the scheduling of the days and times of construction, the use of Building loading docks, the delivery of materials and labor for the Premises, the elimination of rubbish and construction debris, and the days and times designated for the undertaking of any portion of the tenant improvements which will cause significant noise, vibration, or other conditions which might interfere with the business operations of other tenants or occupants of the Building taking into account the nature of such tenant or occupant’s business operations. Tenant shall cause Xxxxxx’s Architect to furnish to Landlord from time to time such other information as Landlord shall reasonably request in connection with the construction of the Tenant Improvements. Tenant shall require all contractors and subcontractors performing work on behalf of Tenant to provide protection against damage to the Building and work of other tenants or occupants to an extent that is satisfactory to Landlord in the reasonable exercise of its discretion. In any event, however, if such damage shall occur, and shall have been caused directly by Tenant or its contractors or any of their respective subcontractors, agents, employees or invitees, Tenant shall promptly restore and repair, or cause its contractor to promptly restore and repair, such damage, or Landlord or Landlord’s contractor maypolicies or, at Landlord’s option and upon written notice 's election, certificates of such insurance shall be delivered to Tenant, restore and repair Landlord prior to Tenant commencing any such damage or permit any other tenant or its contractor to restore work for such tenant or occupant which has been damaged, in each case at Tenant’s sole costthe Premises.
Appears in 1 contract
Samples: Lease (Orbitz Inc)
Access by Tenant. A. Landlord shall permit Tenant, Xxxxxx’s Contractor(s) and Tenant’s agents, suppliers, and workmen to take possession of and enter the Premises, pursuant to the Lease, upon compliance with the requirements of this Rider by Xxxxxx, including, without limitation, the insurance requirements. The permission herein granted for the entry of Tenant and Xxxxxx’s Contractor(s) into the Building is conditioned upon Tenant and Tenant’s 's agents to have reasonable access to the Premises seventy-five (75) days prior to the Substantial Completion Date (which access date is estimated to be June 1, 1996) in order that Tenant may perform special installations and make the Premises ready for Tenant's use and occupancy ("Beneficial Occupancy Date"). Landlord shall use reasonable efforts to have the Wafer Fabrication Area ready to accept Tenant's installations by the Beneficial Occupancy Date. All ventilation, mechanical systems, lighting, wall systems, filtration, process piping to point of connections, and wall, floor and ceiling finishes shall be complete as of the Beneficial Occupancy Date. The Wafer Fabrication Area shall be wiped down clean, starting on the date of Beneficial Occupancy Date, but a certification for cleanliness will not be provided as of the Beneficial Occupancy Date and such testing shall be subsequent to the filtration system being run through the purging operation. All dates regarding Beneficial Occupancy and Substantial Completion set forth in this Lease assumes that all clean rooms and Wafer Fabrication Area will be constructed with a "modified clean" protocol during construction. If Tenant requests that an "eight stage clean" protocol procedure be followed during construction, then notwithstanding any other provisions of this Lease substantial additional time will be required for the Beneficial Occupancy Date and the Substantial Completion Date. Such Tenant installation by Tenant shall not be deemed a Tenant acceptance of any portion of Landlord's Work. Tenant's occupancy upon the Beneficial Occupancy Date shall constitute a license only and not a lease and such license shall be conditioned upon:
a. Tenant working in harmony and not interfering with Landlord and Landlord's agents, contractors, workmen, suppliers mechanics and invitees working in harmony suppliers;
b. Tenant furnishing Landlord with such insurance and not interfering with Landlord’s contractors or their subcontractors or with contractors performing work in the Building for other tenants or occupants, not interfering with any occupants of the Building, complying with reasonable rules and regulations instituted by security as Landlord for the protection and completion may reasonably require against liabilities which may arise out of such work for other tenants or occupantsentry. Landlord will use reasonable efforts to cause contractors performing work for other tenants or occupants in the Building not to unreasonably interfere with Xxxxxx’s contractors, but shall in no event have any liability with respect to any interference. If at any time such entry shall cause disharmony or unreasonable interference with any of Landlord’s employees, agents, contractors, their subcontractors, other tenants or occupants of the Building or others or if such disharmony or interference shall, in Landlord’s reasonable judgment, be imminently threatened, Landlord shall have the right to withdraw such permission upon not less than forty-eight (48) hours written notice; provided, however, the license in the event that such permission shall remain in effect if Tenant has cured the same (or such interference or disharmony has ceased and Tenant has agreed and provided assurances to Landlord as it shall have reasonably requested, that such problem will not occur again) prior to the time of termination set forth in such noticeTenant's agents substantially interfere with Landlord's Work. Tenant agrees that any such entry into and occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to covenant to pay Base Rent and Additional Rent, and further agrees that in connection therewith Landlord shall not be liable in any way for any injury, loss loss, or damage which may occur to any of Tenant's property placed on or installations made in the PremisesPremises prior to the Commencement Date, the same being strictly at Tenant’s sole risk, except and Tenant agrees to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agentsprotect, employees or contractors. Tenant shall allow Landlord access to the Premisesdefend, for inspection purposes, at all reasonable times. Tenant shall cause its contractors, for which it has contracted separately, prior to the commencement of any construction work in the Building, to indemnify, defend and hold Landlord, its designated agents, members, beneficiaries, partners, Management Agent, mortgagees, and all of their respective members, partners, shareholders, directors, officers, agents and employees harmless Landlord from all liabilities, costs, damages, claims, liability, and costs (including, without limitation, reasonable attorney’s fees) fees and expenses arising out of or connected with the activities of such contractor or any of its subcontractors or any of their respective agents or employees, suppliers or workmen in or about the Premises or the Building. Tenant shall (except to the extent of any indemnity recovered pursuant to the preceding sentence) indemnify, defend and hold Landlord, its designated agents, or any of its members, beneficiaries, partners, Management Agent, mortgagees, and all of their respective partners, members, shareholders, directors, officers, agents and employees harmless from all damages, claims, liability, and costs (including, without limitation, reasonable attorney’s fees) and expenses arising out of or connected connection with the activities of Tenant or its agents, contractors, suppliers suppliers, or workmen in or about the Premises or the Building. In addition, prior except to the initial entry to extent caused by the Building negligence or the Premises by Tenant and by each contractor or subcontractor for Tenant, Tenant shall furnish Landlord with certificates willful misconduct of insurance covering Landlord, its designated 's agents, contractors or representative; and
c. Tenant paying any of its beneficiaries and the partners thereof, Management Agent, mortgagees and such additional parties as Landlord may reasonably designate as additional insured parties, with such coverages and in such amounts as Landlord may reasonably require in order to insure Landlord, its designated agents, or any of its beneficiaries and the partners thereof, its management agent, mortgagees and such additional parties, and all of their respective agents and employees, against liability for injury or death or damage Operating Expenses related to property of Landlord or its tenants or others, by reason of such entry or any activity or work carried on, in, Tenant's presence on or about the Land, the Building or the Premises by or on behalf of Tenant.
B. Notwithstanding Tenant’s right to separately contract for construction and completion of the Tenant Improvements, Tenant shall coordinate, and cause its contractors to coordinate with Landlord and its designated agents in relation to the scheduling of the days and times of construction, the use of Building loading docks, the delivery of materials and labor for the Premises, the elimination of rubbish and construction debris, and the days and times designated for the undertaking of any portion of the tenant improvements which will cause significant noise, vibration, or other conditions which might interfere with the business operations of other tenants or occupants of the Building taking into account the nature of such tenant or occupant’s business operations. Tenant shall cause Xxxxxx’s Architect to furnish to Landlord from time to time such other information as Landlord shall reasonably request in connection with the construction of the Tenant Improvements. Tenant shall require all contractors and subcontractors performing work on behalf of Tenant to provide protection against damage to the Building and work of other tenants or occupants to an extent that is satisfactory to Landlord in the reasonable exercise of its discretion. In any event, however, if such damage shall occur, and shall have been caused directly by Tenant or its contractors or any of their respective subcontractors, agents, employees or invitees, Tenant shall promptly restore and repair, or cause its contractor to promptly restore and repair, such damage, or Landlord or Landlord’s contractor may, at Landlord’s option and upon written notice to Tenant, restore and repair any such damage or permit any other tenant or its contractor to restore work for such tenant or occupant which has been damaged, in each case at Tenant’s sole cost.
Appears in 1 contract
Samples: Lease Agreement (Quantum Corp /De/)
Access by Tenant. A. Landlord shall permit Tenant, Xxxxxx’s Contractor(s) the General Contractor, the approved subcontractors and Tenant’s agents, suppliers, and workmen to take possession of and enter the Premises, pursuant to the Lease, upon compliance with the requirements of this Rider Work Letter by XxxxxxTenant, including, without limitation, the insurance requirements. The permission herein granted for the entry of Tenant and Xxxxxx’s Contractor(s) into the Building is conditioned upon Tenant and Tenant’s agents, contractors, workmen, suppliers and invitees working in harmony with and not interfering with Landlord’s contractors or their subcontractors or with contractors performing work in the Building for other tenants or occupantstenants, not interfering with any occupants of the Building, complying with reasonable rules and regulations instituted by Landlord for the protection and completion of the Shell and Core Work and of such work for other tenants or occupantstenants. Landlord will use reasonable efforts to cause contractors performing work for other tenants or occupants in the Building not to unreasonably interfere with XxxxxxTenant’s contractors, but shall in no event have any liability with respect to any interference. If at any time such entry shall cause disharmony or unreasonable interference with any of Landlord’s employees, agents, contractors, their subcontractors, other tenants or occupants of the Building subcontractors or others or if such disharmony or interference shall, in Landlord’s reasonable judgment, be imminently threatened, Landlord shall have the right to withdraw such permission upon not less than forty-eight (48) hours written notice; provided, however, that such permission shall remain in effect if Tenant has cured the same (or such interference or disharmony has ceased and Tenant has agreed and provided assurances to Landlord as it shall have reasonably requested, that such problem will not occur again) prior to the time of termination set forth in such notice. Tenant agrees that any such entry into and occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to covenant to pay Base Rent and Additional Rent, and further agrees that in connection therewith Landlord shall not be liable in any way for any injury, loss or damage which may occur to any property placed in the Premises, the same being strictly at Tenant’s sole risk, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors. Tenant shall allow Landlord access to the Premises, for inspection purposes, at all reasonable times. Tenant shall cause its contractors, for which it has contracted separately, prior to the commencement of any construction work in the Building, to indemnify, defend and hold Landlord, its designated agents, members, beneficiaries, partners, Management Agentmanagement agent, mortgagees, and all of their respective members, partners, shareholders, directors, officers, agents and employees harmless from all damages, claims, liability, and costs (including, without limitation, reasonable attorney’s attorneys’ fees) and expenses arising out of or connected with the activities of such contractor or any of its subcontractors or any of their respective agents or employees, suppliers or workmen in or about the Premises or the Building. Tenant shall (except to the extent of any indemnity recovered pursuant to the preceding sentence) indemnify, defend and hold Landlord, its designated agents, or any of its members, beneficiaries, partners, Management Agent, mortgagees, and all of their respective partners, members, shareholders, directors, officers, agents and employees harmless from all damages, claims, liability, and costs (including, without limitation, reasonable attorney’s fees) and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Premises or the Building. In addition, prior to the initial entry to the Building or the Premises by Tenant and by each contractor or subcontractor for Tenant, Tenant shall furnish Landlord with certificates of insurance covering Landlord, its designated agents, or any of its beneficiaries and the partners thereof, Management Agent, mortgagees and such additional parties as Landlord may reasonably designate as additional insured parties, with such coverages and in such amounts as Landlord may reasonably require in order to insure Landlord, its designated agents, or any of its beneficiaries and the partners thereof, its management agent, mortgagees and such additional parties, and all of their respective agents and employees, against liability for injury or death or damage to property of Landlord or its tenants or others, by reason of such entry or any activity or work carried on, in, on or about the Land, the Building or the Premises by or on behalf of Tenant.
B. Notwithstanding Tenant’s right to separately contract for construction and completion of the Tenant Improvements, Tenant shall coordinate, and cause its contractors to coordinate with Landlord and its designated agents in relation to the scheduling of the days and times of construction, the use of Building loading docks, the delivery of materials and labor for the Premises, the elimination of rubbish and construction debris, and the days and times designated for the undertaking of any portion of the tenant improvements which will cause significant noise, vibration, or other conditions which might interfere with the business operations of other tenants or occupants of the Building taking into account the nature of such tenant or occupant’s business operations. Tenant shall cause Xxxxxx’s Architect to furnish to Landlord from time to time such other information as Landlord shall reasonably request in connection with the construction of the Tenant Improvements. Tenant shall require all contractors and subcontractors performing work on behalf of Tenant to provide protection against damage to the Building and work of other tenants or occupants to an extent that is satisfactory to Landlord in the reasonable exercise of its discretion. In any event, however, if such damage shall occur, and shall have been caused directly by Tenant or its contractors or any of their respective subcontractors, agents, employees or invitees, Tenant shall promptly restore and repair, or cause its contractor to promptly restore and repair, such damage, or Landlord or Landlord’s contractor may, at Landlord’s option and upon written notice to Tenant, restore and repair any such damage or permit any other tenant or its contractor to restore work for such tenant or occupant which has been damaged, in each case at Tenant’s sole cost.the
Appears in 1 contract
Samples: Lease Agreement (Calamos Asset Management, Inc. /DE/)
Access by Tenant. A. Landlord shall permit Tenant, Tenant and Xxxxxx’s Contractor(s) and Tenant’s 's agents, supplierssupplier, contractors and workmen to take possession of and enter the Premises, pursuant to the Leasedate set forth in Paragraph 1 hereof, upon execution and delivery of the Lease by both Landlord and Tenant and compliance with the requirements of this Rider Workletter by XxxxxxTenant, including, without limitation, the insurance requirements. The permission herein granted for the entry of Tenant and Xxxxxx’s Contractor(s) 's contractors into the Building is conditioned upon Tenant and Tenant’s 's agents, contractors, workmen, suppliers and invitees working in harmony with and not interfering with Landlord’s 's contractors or their subcontractors or with contractors performing work in the Building for other tenants or occupantstenants, not interfering with any occupants of the Building, complying with reasonable rules and regulations instituted by Landlord for the protection and completion of the Shell and Core Work and of such work for other tenants or occupantstenants, and complying with the provisions of Paragraph 5 hereof. Landlord will use reasonable efforts to cause contractors performing work for other tenants or occupants in the Building not to unreasonably interfere with Xxxxxx’s 's contractors, but shall in no event have any liability with respect to any interference. If at any time such entry shall cause disharmony or unreasonable interference with any of Landlord’s 's employees, agents, contractors, their subcontractors, other tenants or occupants of the Building subcontractors or others or if such disharmony or interference shall, in Landlord’s 's reasonable judgment, be imminently threatened, Landlord shall have the right to withdraw such permission upon not less than forty-eight (48) hours written notice; provided, however, that such permission shall remain in effect if Tenant has cured the same (or such interference or disharmony has ceased and Tenant has agreed and provided assurances to Landlord as it shall have reasonably requested, that such problem will not occur again) prior to the time of termination set forth in such notice. Tenant agrees that any such entry into and occupation of the Premises shall be deemed to be under all of the terms, covenants, conditions and provisions of the Lease, except as to covenant to pay Base Rent and Additional Rent, and further agrees that in connection therewith Landlord shall not be liable in any way for any injury, loss or damage which may occur to any property placed in the Premises, the same being strictly at .at Tenant’s 's sole risk, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors. Tenant shall allow Landlord access to the Premises, for inspection purposes, at all reasonable times. Tenant shall cause its contractors, for which it has contracted separately, prior to the commencement of any construction work in the Building, to indemnify, defend and hold Landlord, its designated agents, members, any of its beneficiaries, partnersthe partners thereof, Management Agentits management agent, mortgagees, and all of their respective members, partners, shareholders, directors, officers, agents and employees harmless from all damages, claims, liability, and costs (including, without limitation, reasonable attorney’s 's fees) and expenses arising out of or connected with the activities of such contractor or any of its subcontractors or any of their respective agents or employees, suppliers or workmen in or about the Premises or the Building. Tenant shall (except to the extent of any indemnity recovered pursuant to the preceding sentence) indemnify, defend and hold Landlord, its designated agents, or any of its members, beneficiaries, partnersthe partners thereof, Management Agentits management agent, mortgagees, and all of their respective partners, members, shareholders, directors, officers, agents and employees harmless from all damages, claims, liability, and costs (including, without limitation, reasonable attorney’s ' fees) and expenses arising out of or connected with the activities of Tenant or its agents, contractors, suppliers or workmen in or about the Premises or the Building. In addition, prior to the initial entry to the Building or the Premises by Tenant and by each contractor or subcontractor for Tenant, Tenant shall furnish Landlord with certificates of insurance covering Landlord, its designated agents, or any of its beneficiaries and the partners thereof, Management Agentits management agent, mortgagees and such additional parties as Landlord may reasonably designate as additional insured parties, with such coverages coverage's and in such amounts as Landlord may reasonably require in order to insure Landlord, its designated agents, or any of its beneficiaries and the partners thereof, its management agent, mortgagees and such additional parties, and all of their respective agents and employees, against liability for injury or death or damage to property of Landlord or its tenants or others, by reason of such entry or any activity or work carried on, in, on or about the Land, the Building or the Premises by or on behalf of Tenant.
B. Notwithstanding Tenant’s right to separately contract for construction and completion of the Tenant Improvements, Tenant shall coordinate, and cause its contractors to coordinate with Landlord and its designated agents in relation to the scheduling of the days and times of construction, the use of Building loading docks, the delivery of materials and labor for the Premises, the elimination of rubbish and construction debris, and the days and times designated for the undertaking of any portion of the tenant improvements which will cause significant noise, vibration, or other conditions which might interfere with the business operations of other tenants or occupants of the Building taking into account the nature of such tenant or occupant’s business operations. Tenant shall cause Xxxxxx’s Architect to furnish to Landlord from time to time such other information as Landlord shall reasonably request in connection with the construction of the Tenant Improvements. Tenant shall require all contractors and subcontractors performing work on behalf of Tenant to provide protection against damage to the Building and work of other tenants or occupants to an extent that is satisfactory to Landlord in the reasonable exercise of its discretion. In any event, however, if such damage shall occur, and shall have been caused directly by Tenant or its contractors or any of their respective subcontractors, agents, employees or invitees, Tenant shall promptly restore and repair, or cause its contractor to promptly restore and repair, such damage, or Landlord or Landlord’s contractor may, at Landlord’s option and upon written notice to Tenant, restore and repair any such damage or permit any other tenant or its contractor to restore work for such tenant or occupant which has been damaged, in each case at Tenant’s sole cost.
Appears in 1 contract
Samples: Lease Agreement (Improvenet Inc)