Additional Covenants Regarding Alterations. (a) All Alterations shall be made (i) at Tenant’s sole expense, (ii) according to plans and specifications approved in writing by Landlord (to the extent plans, specifications, and/or Landlord’s consent is required), (iii) in compliance with all applicable Legal Requirements, (iv) by a licensed contractor, and (v) in a good and workmanlike manner. Tenant shall provide Landlord with as-built plans for any Alterations for which plans are used, regardless of whether the Alterations require Landlord’s consent hereunder. (b) Tenant shall keep the Premises and the Building free from any liens arising out of any work performed, materials ordered or obligations incurred by or on behalf of Tenant. Without limitation, Tenant shall be responsible for, and shall pay when due, all costs associated with the preparation of plans and the performance of Alterations, and the same shall be performed in a lien-free, good and workmanlike manner, and in accordance with applicable codes and requirements, including the requirements of the Americans with Disabilities Act (“ADA”). In the event that Tenant shall fail to pay the costs associated with Alterations on a timely basis, as a result of such failure, a statutory and/or common law lien is asserted against the Premises or the applicable Building, and Tenant shall fail, within ten (10) days after notice of such assertion, to cause (by payment, posting of a proper bond, or otherwise) such lien to be released of record, Landlord shall have the right (but not the obligation), at Tenant’s expense, to cause such lien to be bonded over or released of record. (c) Tenant shall ensure that all contractors and subcontractors performing Alterations are insured in amounts required by law. If Landlord requests, certificates of such insurance shall be delivered to Landlord. (d) Tenant agrees that Landlord will have the right to inspect any Alterations. In the performance of Alterations in accordance with this Lease, Tenant shall cause its contractor to use reasonable and diligent efforts not to interfere with ongoing operations on the rest of the Property outside of the Premises, to keep all construction areas clean and free of trash and debris, and otherwise to comply with any other reasonable rules and regulations established by Landlord with regard to construction activities. (e) Tenant shall provide copies of any warranties for Alterations and the materials and equipment which are incorporated into the Building and Premises in connection therewith, and either assign to Landlord, or enforce on Landlord’s behalf, all such warranties to the extent repairs and/or maintenance on warranted items would be covered by such warranties and are otherwise Landlord’s responsibility under this Lease.
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Additional Covenants Regarding Alterations. (a) All Except as otherwise set forth herein, all Alterations and Initial Improvements (as defined below) shall be made be: (i) at Tenant’s sole cost and expense, ; (ii) according to performed in accordance with plans and specifications approved in writing by Landlord (to the extent plansLandlord, specificationswhich approval shall not be unreasonably withheld, and/or Landlord’s consent is required), conditioned or delayed; (iii) performed and maintained in compliance with all applicable Legal Requirements, ; (iv) performed by a licensed contractorcontractors approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; and (v) performed and maintained in a good and workmanlike manner. Where reasonably requested by Landlord, Tenant shall provide Landlord with as-built plans for any Alterations and Initial Improvements for which plans are used, regardless of whether the Alterations or Initial Improvements require Landlord’s consent hereunder.
(b) Tenant shall keep the Premises and the Building free from any liens arising out of any work performed, materials ordered or obligations incurred by or on behalf of Tenant. Without limitation, Tenant shall be responsible for, and shall pay when due, all costs associated with the preparation of plans and the performance of Alterations, and the same shall be performed in a lien-free, good and workmanlike manner, and in accordance compliance with applicable codes and requirements, including the requirements of the Americans with Disabilities Act (“ADA”)all Legal Requirements. In the event that Tenant shall fail to pay the costs associated with Alterations on a timely basis, and as a result of such failure, a statutory and/or common law lien is asserted against the Premises or the applicable Building, and Tenant shall fail, within ten (10) days Business Days after notice of such assertion, to cause (by payment, posting of a proper bond, or otherwise) such lien to be released of record, Landlord shall have the right (but not the obligation), at Tenant’s expense, to cause such lien to be bonded over or released of record.
(c) Tenant shall ensure that all contractors and subcontractors performing Alterations and Initial Improvements are insured in amounts required by law. If Landlord requests, certificates of such insurance shall be delivered to Landlord. Tenant’s obligation to exonerate, indemnify, defend, protect and save Landlord Parties harmless, as set forth in Section 9, shall include without limitation all activities and work done by and on behalf of Tenant pursuant to Section 10 and shall commence on the date of execution hereof.
(d) Tenant agrees that Landlord will shall have the right to examine and inspect any AlterationsAlterations and Initial Improvements; provided, however, that no such examination or inspection shall constitute an approval or warranty or give rise to any liability of Landlord with respect to any thereof. In the performance of Alterations and Initial Improvements in accordance with this Lease, Tenant shall cause its contractor contractors to use reasonable and diligent efforts not to interfere with ongoing operations on the rest of the Property Building and other areas outside of the Premises, to keep all construction areas clean and free of trash and debris, and otherwise to comply with any other reasonable rules and regulations established by Landlord with regard to construction activities.
(e) Tenant shall provide copies of any warranties for Alterations and Initial Improvements and the materials and equipment which are incorporated into the Premises and the Building and Premises in connection therewith, and either assign to Landlord, or enforce on Landlord’s behalf, all such warranties to the extent repairs and/or maintenance on warranted items would be covered by such warranties and are otherwise Landlord’s responsibility under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Verastem, Inc.)
Additional Covenants Regarding Alterations. (a) All Alterations shall be made (i) at Tenant’s sole cost and expense, (ii) according to plans and specifications approved in writing by Landlord (to the extent plans, specifications, and/or Landlord’s consent is required), (iii) in compliance with all applicable Legal Requirements, (iv) by a licensed contractor, and (v) in a good and workmanlike manner. For any Alterations which require plans to be submitted in connection with building permit or building code requirements, Tenant shall provide Landlord with as-built plans for copies of any Alterations for which plans are usedsuch required plans, regardless of whether the Alterations require Landlord’s consent hereunder.
(b) Tenant shall keep the Premises and the Building free from any liens arising out of any work performed, materials ordered or obligations incurred by or on behalf of Tenant. Without limitation, Tenant shall be responsible for, and shall pay when due, all costs associated with the preparation of plans and the performance of Alterations, and the same shall be performed in a lien-free, good and workmanlike manner, and in accordance compliance with applicable codes and requirements, including the requirements of the Americans with Disabilities Act (“ADA”)all Legal Requirements. In the event that Tenant shall fail to pay the costs associated with Alterations on a timely basis, and as a result of such failure, a statutory and/or common law lien is asserted against the Premises or the applicable Building, and Tenant shall fail, within ten (10) days after notice of such assertion, to cause (by payment, posting of a proper bond, or otherwise) such lien to be released of record, Landlord shall have the right (but not the obligation), at Tenant’s expense, to cause such lien to be bonded over or released of record.
(c) Tenant shall ensure that all contractors and subcontractors performing Alterations are insured in amounts required by law. If Landlord requests, certificates of such insurance shall be delivered to Landlord. Tenant’s obligation to exonerate, indemnify, defend, protect and save Landlord and Landlord Parties harmless, as set forth in Section 9, shall include without limitation all activities and work done by and on behalf of Tenant pursuant to Sections 10 and 11, and shall commence on the date of execution hereof.
(d) Tenant agrees that Landlord will shall have the right to examine and inspect any Alterations; provided, however, that no such examination or inspection shall constitute an approval or warranty or give rise to any liability of Landlord with respect to any thereof. In the performance of Alterations in accordance with this Lease, Tenant shall cause its contractor contractors to use reasonable and diligent efforts not to interfere with ongoing operations on the rest of the Property outside of the Premises, to keep all construction areas clean and free of trash and debris, and to otherwise to comply with any other reasonable rules and regulations established by Landlord with regard to construction activities.
(e) Tenant shall provide copies of any warranties for Alterations and the materials and equipment which are incorporated into the Premises and the Building and Premises in connection therewith, and either assign to Landlord, or enforce on Landlord’s behalf, all such warranties to the extent repairs and/or maintenance on warranted items would be covered by such warranties and are otherwise Landlord’s responsibility under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Immunogen Inc)
Additional Covenants Regarding Alterations. (a) All Alterations and Initial Tenant Improvements (as defined herein) shall be made (i) at Tenant’s sole cost and expense, (ii) according to plans and specifications approved in writing by Landlord (to the extent planswhich approval shall not be unreasonably withheld, specifications, and/or Landlord’s consent is required), conditioned or delayed (iii) in compliance with all applicable Legal Requirements, (iv) by a licensed union contractor, and (v) in a good and workmanlike manner. Tenant shall provide Landlord with as-built plans for any Alterations for which plans are used, regardless of whether the Alterations require Landlord’s consent hereunder.
(b) Tenant shall keep the Premises and the Building free from any liens arising out of any work performed, materials ordered or obligations incurred by or on behalf of Tenant. Without limitation, Tenant shall be responsible for, and shall pay when due, all costs associated with the preparation of plans and the performance of Alterations, Alterations and the same shall be performed in a lien-free, good and workmanlike manner, and in accordance compliance with applicable codes and requirements, including the requirements of the Americans with Disabilities Act (“ADA”)all Legal Requirements. In the event that Tenant shall fail to pay the costs associated with Alterations on a timely basis, and as a result of such failure, a statutory and/or common law lien is asserted against the Premises or the applicable Building, and Tenant shall fail, within ten fifteen (1015) days after notice of such assertion, to cause (by payment, posting of a proper bond, or otherwise) such lien to be released of record, Landlord shall have the right (but not the obligation), at Tenant’s expense, to cause such lien to be bonded over or released of record.
(c) Tenant shall ensure that all contractors and subcontractors performing Alterations are insured in amounts required by law. If Landlord requests, certificates of such insurance shall be delivered to Landlord. Tenant’s obligation to exonerate, indemnify, defend, protect and save Landlord Parties harmless, as set forth in Section 8, shall include without limitation all activities and work done by and on behalf of Tenant pursuant to this Section 9 and shall commence on the date of execution hereof.
(d) Tenant agrees that Landlord will shall have the right to examine and inspect any Alterations; provided, however, that no such examination or inspection shall constitute an approval or warranty or give rise to any liability of Landlord with respect to any thereof. In the performance of Alterations in accordance with this Lease, Tenant shall cause its contractor contractors to use reasonable and diligent efforts not to interfere with ongoing operations on the rest of the Property outside of the PremisesBuilding, to keep all construction areas clean and free of trash and debris, and otherwise to comply with any other reasonable rules and regulations established by Landlord with regard to construction activities.
(e) Tenant shall provide copies of any warranties for Alterations and the materials and equipment which are incorporated into the Premises and the Building and Premises in connection therewith, and either assign to Landlord, or enforce on Landlord’s behalf, all such warranties to the extent repairs and/or maintenance on warranted items would be covered by such warranties and are otherwise Landlord’s responsibility under this Lease.
(f) Landlord shall not have the right to charge any construction administration or supervision fee in connection with Tenant’s performance of Alterations; provided that Tenant will reimburse Landlord for any third party costs actually incurred by Landlord in the review of Tenant’s plans.
Appears in 1 contract
Samples: Sublease (Solid Biosciences Inc.)
Additional Covenants Regarding Alterations. (a) All Alterations shall be made (i) at Tenant’s sole expense, (ii) according to plans and specifications approved in writing by Landlord (to the extent plans, specifications, and/or Landlord’s consent is required), (iii) in compliance with all applicable Legal Requirements, (iv) by a licensed contractor, and (v) in a good and workmanlike manner. Tenant shall provide Landlord with as-built plans for any Alterations for which plans are used, regardless of whether the Alterations require Landlord’s consent hereunder.
(b) Tenant shall keep the Premises and the Building free from any liens arising out of any work performed, materials ordered or obligations incurred by or on behalf of Tenant. Without limitation, 15.4.1 Tenant shall be responsible for, for and shall pay when due, due all costs associated with the preparation of plans and the performance of Alterations, and the same shall be performed in a lien-free, first-class, and good and workmanlike manner, and in accordance with applicable codes and requirements, including the requirements of the Americans with Disabilities Act (“ADA”). In the event that (a) Tenant shall fail to pay the costs associated with Alterations on a timely basis, ; (b) as a result of such failure, a statutory and/or common law lien is asserted against the Premises or the applicable Building, ; and (c) Tenant shall fail, within ten thirty (1030) days after notice of such assertion, to cause (by payment, posting of a proper bond, or otherwise) such lien to be released of record, the same shall constitute a default by Tenant for all purposes of this Lease, and Landlord shall have the right (but not the obligation), at Tenant’s 's expense, to cause such lien to be bonded over or released of record. Unless otherwise approved by Landlord, Tenant shall only use new, first-class materials in connection with Alterations. All contractors and subcontractors performing any work on behalf of Tenant within the Premises shall be subject to Landlord's approval and licensed to do business in jurisdiction within which the Premises is located.
(c) 15.4.2 Tenant shall ensure that all contractors and subcontractors performing Alterations are insured in amounts required by lawlaw and reasonably acceptable to Landlord. If Alterations may not commence, nor may Tenant permit its contractors and subcontractors to commence or continue any such work, until all required insurance has been obtained, and, if Landlord requests, until certificates of such insurance shall be have been delivered to Landlord. Such insurance policies shall name Landlord, Landlord's property manager, and Landlord's mortgagee(s) as additional insureds. Such certificates of insurance shall provide that no change or cancellation of such insurance coverage shall be undertaken without thirty (30) days' prior written notice to Landlord. In the event Tenant employs a contractor or subcontractor to perform all or part of any Alterations, Tenant shall purchase, or cause its contractor to carry, General Contractor's and Subcontractor's Required Minimum Coverages and Limits of Liability as follows, which coverages shall be in amounts required by law and reasonably acceptable to Landlord and in addition to any and all insurance required to be procured by Tenant pursuant to the terms of this Lease: Workers' Compensation, Employer's Liability Insurance, any insurance required by any Employee Benefit Act (or similar statute), Comprehensive General Liability Insurance (including Contractor's Protective Liability), Comprehensive Automotive Liability Insurance, and Builder's Risk insurance.
(d) 15.4.3 Tenant agrees that Landlord and its agents and managers will have the right to inspect any AlterationsAlterations made by Tenant's contractor(s) and subcontractor(s), and Tenant agrees to cooperate with Landlord to facilitate such inspections. In the performance of Alterations in accordance with this Lease, Tenant shall cause its contractor to use reasonable and diligent efforts not to interfere with ongoing operations on in the rest Building. Tenant's contractor shall be responsible for all utility costs associated with the performance of the Property outside of the PremisesAlterations and shall either supply its own electricity and other utilities, or shall reimburse Landlord for all utility consumption associated with such work. Tenant shall cause its contractor(s) to keep all construction areas clean and free of trash and debris, debris and shall otherwise to comply with any other reasonable rules and regulations established by Landlord with regard to construction activitiesactivities within the Building. Tenant's construction contract shall indemnify Tenant and Landlord from damages, losses and expenses associated with the acts and omissions of Tenant's contractor, its agents, employees and subcontractors. To the extent that any Alterations involve construction work which affects any exterior portions of the Building or Common Areas, Landlord may impose additional requirements as a condition of its approval of such Alterations to ensure that Tenant restores all affected areas of the Building's exterior and/or common areas to their original condition upon completion and otherwise protects and restores all affected work areas within the Building (including any portions of the Common Areas of the Building) utilized or affected in performing such Alterations.
(e) 15.4.4 Tenant shall provide to Landlord copies of all applications for permits, copies of all governmental inspection reports and/or certificates, and any and all notices or violations communicated to Tenant or its contractors by applicable governmental authorities, promptly upon receipt and/or submission thereof, as the case may be. Tenant agrees to comply (or to cause its contractors to comply) with all applicable federal, state and local laws, regulations and ordinances in the performance of Alterations, and to promptly rectify any violations of such laws caused by the acts or omission of Tenant, its employees, agents and/or contractors, and Tenant shall be responsible for any non-compliance by Tenant or its agents, employees and contractors. Tenant and its contractor performing Alterations shall (a) provide copies of warranties for Alterations and the materials and equipment which are incorporated into the Building and Premises in connection therewith, (b) provide to Landlord all operating and maintenance manuals for all equipment and materials incorporated into the Building and/or Premises as part of any Alterations, and (c) either assign to Landlord, or enforce on Landlord’s 's behalf, all such warranties to the extent repairs and/or maintenance on warranted items would be covered by such warranties and are otherwise Landlord’s 's responsibility under this Lease.
Appears in 1 contract
Additional Covenants Regarding Alterations. (a) All A Except as otherwise provided in Exhibit C with respect to the TI Work, all Alterations shall be made (i1) at Tenant’s 's sole cost and expense, (ii2) according to plans and specifications approved in writing by Landlord (to the extent plans, specifications, and/or Landlord’s 's consent is required), (iii3) in compliance with all applicable Legal RequirementsLaws, (iv4) by a contractor approved by Landlord and duly licensed contractorin the jurisdiction in which the Premises is located, and (v5) using only new, first-class materials, (6) in a good and workmanlike mannermanner conforming in quality and design with the Premises existing as of the date of this Lease, and (7) in a manner so as not to unreasonably interfere with, or cause unreasonable disturbance to, ongoing operations in the Building. Tenant shall provide Landlord with as-built plans for any Alterations for which plans are used, regardless of whether the Alterations require Landlord’s consent hereunder.
(b) B Tenant shall keep the Premises and the Building Property free from any liens arising out of in connection with any work performed, materials ordered or obligations incurred Alterations performed by or on behalf of Tenant. Without limitation, Tenant shall be responsible for, and shall pay when due, all costs associated with the preparation of plans and the performance of Alterations, and the same shall be performed in a lien-free, good and workmanlike manner, and in accordance with applicable codes and requirements, including the requirements of the Americans with Disabilities Act (“ADA”). In the event that Tenant shall fail to pay the costs associated with Alterations on a timely basis, as a result of such failure, a statutory and/or common law lien is asserted against the Premises or the applicable Building, and Tenant shall fail, within ten (10) days after notice of such assertion, to cause (by payment, posting of a proper bond, or otherwise) such lien to be released of record, Landlord shall have the right (but not the obligation), at under Tenant’s expense, to cause such lien to be bonded over or released of record.
(c) 's direction. C Tenant shall ensure that all contractors and subcontractors performing Alterations are (i) insured in amounts required by lawlaw and as set forth below, and (ii) bonded (or at Landlord's sole option, bondable) for work involving a cost in excess of $40,000. If Alterations may not commence, nor may Tenant permit its contractors and subcontractors to commence or continue any such work, until all required insurance has been obtained, and, if Landlord requests, until certificates of such insurance shall be have been delivered to Landlord.
(d) Tenant agrees that Landlord will have the right to inspect any Alterations. In the performance of Alterations in accordance with this LeaseWithout limitation, Tenant shall cause its contractor to use reasonable procure and diligent efforts not keep in effect during the performance of such Alterations the following General Contractor's and Subcontractor's Required Minimum Coverages (having policy limits reasonably acceptable to interfere Landlord): Worker's Compensation, Employer's Liability Insurance, any insurance required by any Employee Benefit Act (or similar statute), Comprehensive General Liability Insurance (including Contractor's Protective Liability), Comprehensive Automotive Liability Insurance (having a minimum limit of $1,000,000 per occurrence and $2,000,000 aggregate), and Builder's Risk insurance (in an amount commensurate with ongoing operations on the rest value of the Property outside improvements being constructed). Such insurance policies shall be issued by companies reasonably acceptable to Landlord. Landlord, Landlord's property manager, and Landlord's mortgagee(s) shall be named as additional insureds. Certificates of the Premises, such insurance shall provide that no change or cancellation of such insurance coverage shall be undertaken without sixty (60) days' prior written notice to Landlord. D Tenant shall cause its contractor(s) to keep all construction areas clean and free of trash and debris, debris and shall otherwise to comply with any other reasonable rules and regulations established by Landlord with regard to construction activities.
(e) activities within the Building. Tenant's construction contract shall indemnify Tenant and Landlord from damages, losses and expenses associated with the acts and omissions of Tenant's contractor, its agents, employees and subcontractors. Tenant shall provide to Landlord copies of all applications for permits, copies of all governmental inspection reports and/or certificates, and any and all notices or violations communicated to Tenant or its contractors by applicable governmental authorities, promptly upon receipt and/or submission thereof, as the case may be. Tenant and its contractor performing Alterations shall (a) provide to Landlord copies of warranties for Alterations and the materials and equipment which are incorporated into the Building and Premises in connection therewith, (b) provide to Landlord all operating and maintenance manuals for all equipment and materials incorporated into the Building and/or Premises as part of any Alterations, and (c) either assign to Landlord, or (to the extent not assignable) enforce on Landlord’s 's behalf, all such warranties on Alterations to the extent repairs and/or maintenance on of warranted items would be are covered by such warranties and are would otherwise be Landlord’s 's responsibility under this Lease.
Appears in 1 contract
Samples: Lease Agreement (TechTarget Inc)
