Additions and Alterations. A. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make any alterations, improvements or additions to the Premises; provided, however, that Landlord’s consent shall not be required with respect to alterations, improvements or additions which (i) cost less than $50,000, (ii) do not involve any structural work in the Building and are not visible from the exterior of the Premises, (iii) do not involve any alterations to basic Building systems or affect the operation thereof, and (iv) do not require entry into another tenant’s premises. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s expense by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s hiring contractors which consent shall not be unreasonably withheld. Tenant shall promptly pay to Landlord’s or to Tenant’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord actual costs of such work including such costs sufficient to reimburse Landlord for overhead, general conditions, fees (including legal and other professional fees) and all other costs and expenses arising from Landlord’s involvement with such work, and, if Landlord acts as General Contractor or Subcontractor for all or any portion of the work, in addition to the foregoing, Landlord shall be entitled to 10% of the cost of such work performed by Landlord. Upon completion of such work, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord harmless from all costs, damages, liens and expenses related to such work other than work performed by Landlord, if any. All work done by Tenant and Landlord or its contractors pursuant to Article 8 or 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Lease. B. All alterations, improvements and additions to the Premises (other than Tenant’s trade fixtures, equipment and other movable personal property), whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall, without compensation to Tenant, become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear excepted, unless Landlord requests their removal (in which case Tenant shall remove the same as provided in Article 16.)
Appears in 1 contract
Additions and Alterations. A. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make any alterations, improvements or additions (collectively "Alterations") to the Premises; provided, however, that Landlord’s consent shall not be required with respect to alterations, improvements or additions which (i) cost less than $50,000, (ii) do not involve any structural work in the Building and are not visible from the exterior of the Premises, (iii) do not involve any alterations to basic Building systems or affect the operation thereof, and (iv) do not require entry into another tenant’s premises. If Landlord consents to said alterations, improvements or additionsany Alterations, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with (i) security for the payment of all costs to be incurred in connection with the Alterations, (ii) insurance against liabilities which may arise out of such workthe Alterations as are commercially reasonably available, and (iii) copies of the plans and specifications plus and permits necessary for such workthe Alterations. The work necessary Any Alterations, whether prior to make any alterations, improvements or additions subsequent to the Premises Commencement Date, shall be done completed at Tenant’s 's expense by employees contractors satisfactory to Landlord which are employed by Tenant, and shall be performed in accordance with any design criteria of or contractors hired by Landlord, except Landlord to the extent Landlord gives its preceding sentence of Section 8.A: Any Alteration, whether prior written consent to Tenant’s hiring contractors which consent shall not be unreasonably withheld. Tenant shall promptly pay to Landlord’s or to Tenant’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord actual costs of such work including such costs sufficient to reimburse Landlord for overhead, general conditions, fees (including legal and other professional fees) and all other costs and expenses arising from Landlord’s involvement with such work, and, if Landlord acts as General Contractor or Subcontractor for all or any portion of the work, in addition subsequent to the foregoingCommencement Date, Landlord shall be entitled to 10% of the cost of such work performed completed at Tenant's expense by Landlord. Upon completion of such work, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord harmless from all costs, damages, liens and expenses related to such work other than work performed by Landlord, if any. All work done by Tenant and Landlord or its contractors pursuant to Article 8 or 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Lease.
B. (i) All alterations, improvements and additions to the Premises (other than Tenant’s trade fixtures, equipment and other movable personal property)Alterations, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall, without compensation to Tenant, become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear exceptedshall, unless Landlord requests their removal, be relinquished to Landlord at the expiration or early termination of this Lease in good condition, order and repair, ordinary wear excepted.
(ii) Notwithstanding the foregoing, at the time Tenant requests Landlord's consent to any Alterations described in the preceding Section 8.A, Tenant may also simultaneously request Landlord in writing to state whether Landlord will require removal (in of any such Alterations at the termination of this Lease, and if Landlord fails to identify any such Alterations which case Landlord will reserve the right to require Tenant to remove upon termination of this Lease, Tenant shall thereafter have no obligation to remove the same as provided in Article 16any such Alterations not so identified by Landlord.)
Appears in 1 contract
Samples: Lease Agreement
Additions and Alterations. A. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make any alterations, improvements or additions to the Premises; provided, however, that Landlord’s 's consent shall not be required with respect to nonstructural alterations, improvements or additions which (i) cost below finished ceilings costing less than $50,0005,000 to implement. Landlord hereby consents on the understanding that the applicable provisions of this Lease shall be complied with, to the installation of telephone and data lines by Tenant above the finished ceiling of the Premises provided Tenant uses reputable, qualified line installers for the purpose of such installation and obtains any and all permits required in connection with such installation prior to such installation. Tenant shall in all events provide notice to Landlord prior to commencing any alterations, improvements or additions (ii) do not involve with a summary description of the work to be done and a statement, pursuant to Paragraph 9, describing any structural work in Hazardous Materials to be brought into the Building and are in connection with the work) whether or not visible from the exterior of the Premises, (iii) do not involve any alterations to basic Building systems or affect the operation thereof, and (iv) do not require entry into another tenant’s premisesconsent is required. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work, requiring Tenant to perform such work at times designated by Landlord. The work necessary to make any alterations, improvements or additions to the Premises Premises, whether prior to or subsequent to the Commencement Date, shall be done at Tenant’s 's expense by employees of or contractors hired by Landlord, Landlord except to the extent Landlord gives its prior written consent to Tenant’s 's hiring its own contractors. It is understood that Landlord's consent to the hiring by Tenant of Tenant's own contractors which consent shall not may be unreasonably withheldwithheld if Landlord's permitting such hiring might reasonably be expected to adversely affect other construction in the Building or might reasonably be expected to result in an interruption of services provided to tenants of the Building. Tenant shall promptly pay to Landlord’s Landlord or to Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord actual costs a percentage of the cost of such work including (such costs percentage to be established on a uniform basis for the Office Section) sufficient to reimburse Landlord for all overhead, general conditions, fees (including legal and other professional fees) and all other costs and expenses arising from Landlord’s 's involvement with such work. In connection with seeking Landlord's approval, andTenant shall provide to Landlord plans and specifications regarding proposed alterations, if additions or improvements, as Landlord acts as General Contractor or Subcontractor for all or any portion of the workshall reasonably require, and Tenant shall, in addition to all other expenses which Tenant is obligated to pay to Landlord hereunder, pay to Landlord the foregoing, expense reasonably incurred by Landlord shall be entitled to 10% of in connection with the cost review of such work performed by Landlordinformation. Upon completion of such work, work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ ' affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall defend and hold Landlord Landlord, Landlord's lessor, any mortgagee, the MTA (hereinafter defined), the Property and the Building harmless from all costs, damages, liens and expenses related to such work other than work performed by Landlord, if anywork. All work done by Tenant and Landlord or its contractors pursuant to Article 8 Paragraphs 9 or 9 10 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Lease.
B. All alterations, improvements and additions to the Premises (other than Tenant’s trade fixtures, equipment and other movable personal property)Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall, shall without compensation to Tenant, Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear exceptedshall, unless Landlord requests their removal (in which case Tenant shall remove the same as provided in Paragraph 18), be relinquished to Landlord in good condition, ordinary wear excepted.
(a) Tenant shall obtain Landlord's prior written consent (which shall not be unreasonably withheld or delayed), use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Paragraph 10A, (b) any such installation, maintenance, replacement, removal or use shall not interfere with the use of any then existing Lines at the Building, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings or ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (g) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any laws, ordinances, rules or regulations or represent a dangerous or potentially dangerous condition (whether such Lines were installed by Tenant or any other party), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Building, (ii) create additional space for Lines at the Property, and (iii) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Building by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Paragraph 5A(vii) (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable finance charges) as provided in Paragraph 5A(vii). Notwithstanding anything to the contrary in this Lease, Landlord reserves the right to require that Tenant remove any or all Lines installed by or for Tenant within or serving the Premises upon termination of this Lease, provided Landlord notifies Tenant prior to or within thirty (30) days following such termination. Any Lines not required to be removed pursuant to this Article 16shall, at Landlord's option, become the property of Landlord (without payment by Landlord). If Tenant fails to remove such Lines as required by Landlord, or violates any other provision of this Paragraph, Landlord may, after twenty (20) days' written notice to Tenant, remove such Lines or remedy such other violation, at Tenant's expense (without limiting Landlord's other remedies available under this Lease or applicable Law). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Building, by any failure of the environmental conditions or the power supply for the Building to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.)
Appears in 1 contract
Samples: Office Lease (Digitas Inc)
Additions and Alterations. A. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make any alterations, improvements or additions to the PremisesPremises subsequent to initial construction, the approval conditions for which are set forth in the Work Letter; provided, however, that Landlord’s consent shall not be required with respect to nonstructural alterations, improvements or additions which (i) cost below finished ceilings costing less than $50,000, (ii) 12,000 to implement and Landlord shall not unreasonably withhold its consent to other nonstructural alterations which do not involve materially adversely affect Building Systems. Tenant shall in all events provide at least five (5) business days’ notice to Landlord of any structural alterations, improvements or additions (with a summary description of the work in to be done and a statement, pursuant to Paragraph 9, describing any Hazardous Materials to be brought into the Building and are in connection with the work) whether or not visible from the exterior of the Premisesconsent is required. Landlord shall respond to requests for consents (a) within two (2) business days, (iii) do not involve any as to requests for decorative alterations to basic Building systems or affect the operation thereof, and (ivb) do not require entry into another tenant’s premiseswithin five (5) business days, as to requests for other nonstructural alterations. If Landlord consents to said alterations, improvements or additionsadditions after initial construction, it may impose such reasonable conditions with respect thereto as Landlord reasonably deems appropriateappropriate (but in no event shall Landlord be entitled to ask Tenant to remove at the end of the term any nonstructural alterations that are Customary Office Improvements, includingas defined below). Tenant shall have the right to tie into the Building security system, without limitationat Tenant’s sole cost and expense, insurance its HVAC alarm provided that plans for such tie-in shall be submitted to Landlord for approval and that Landlord, its employees, agents and contractors shall be held harmless against liabilities any and all damages, liabilities, claims and expenses which may arise out be incurred by Tenant arising from any failure of such work, and plans and specifications plus permits necessary for such workthe Building security system to provide any notice of failure of the Tenant’s system or any other level of security or alarm which might otherwise be anticipated to be provided by the Landlord’s security system. The work necessary to make any alterations, improvements or additions to the Premises Premises, whether prior to or subsequent to an applicable Commencement Date, shall be done at Tenant’s expense by employees of or contractors hired by Landlord, Landlord except to the extent Landlord gives its prior written consent to Tenant’s hiring contractors its own contractors, which consent shall not be unreasonably withheldwithheld or delayed. Initial construction of the Premises shall be accomplished by Tenant’s contractor using plans and specifications prepared by Tenant’s architect in accordance with the Work Letter. It is understood that Landlord’s consent to the hiring by Tenant of Tenant’s own contractors for any work subsequent to initial construction (the contractor for which has been approved by Landlord as provided in the Work Letter) may be withheld if Landlord’s permitting such hiring might reasonably be expected to result in an interruption of services provided to tenants of the Building by reason of labor difficulties. Tenant shall promptly pay to Landlord’s or to Tenant’s contractors, as or to Landlord if Landlord has hired the case may becontractor, when due, the actual cost of all such work and of all decorating required by reason thereofdecorating. In connection with seeking Landlord’s approval hereunder, Tenant shall also pay provide to Landlord actual costs of such work including such costs sufficient to reimburse plans and specifications regarding proposed alterations, additions or improvements, as Landlord for overheadshall reasonably require, general conditions, fees (including legal and other professional fees) and all other costs and expenses arising from Landlord’s involvement with such work, and, if Landlord acts as General Contractor or Subcontractor for all or any portion of the workTenant shall, in addition to all other expenses which Tenant is obligated to pay to Landlord hereunder, pay to Landlord the foregoing, actual reasonable out-of-pocket expense incurred by Landlord shall be entitled to 10% of in connection with the cost review of such work performed by Landlordinformation. Upon completion of such work, work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials, all in form reasonably satisfactory to Landlord. Tenant shall defend and hold Landlord Landlord, Landlord’s lessor, any mortgagee of Landlord, the MTA (hereinafter defined), the Property and the Building harmless from all costs, damages, liens and expenses related to such work other than work performed by Landlord, if anywork. All work done by Tenant and Landlord or its contractors pursuant to Article 8 Paragraphs 9 or 9 10 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Lease.
B. All alterations, improvements and additions to the Premises (other than Tenant’s trade fixtures, equipment and other movable personal property)Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall, which are not removed by Tenant (to the extent permitted and as provided in Paragraph 18) prior to the end of the Term shall without compensation to Tenant, Tenant become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear exceptedshall, unless Landlord requests has requited their removal as a condition of its consent to installation (in which case Tenant shall remove the same as provided in Article 16Paragraph 18), be relinquished to Landlord in good condition, ordinary wear and damage or condition resulting from the effects of casualty and eminent domain excepted. Notwithstanding the foregoing, Tenant shall not be obligated to remove any partitions, floor or wall coverings, or other normal office layout construction (“Customary Office Improvements”), or any improvements made pursuant to the Work Letter unless otherwise specified by Landlord in connection with Landlord’s approval of Tenant’s plans for initial construction of the Premises. Nothing contained herein shall be deemed to grant Landlord an ownership interest in Tenant’s trade fixtures, equipment or personal property (including, without limitation, the work stations and anti-static floor in the communications room) which shall remain Tenant’s property and may be removed during or at the end of the term of the Lease provided that Tenant shall repair any and all damage to the Premises caused by such removal. Tenant may install, maintain, replace, remove or use any communications or computer wires, cables and related devices (collectively the “Lines”) at the Property in or serving the Premises, provided: (a) Tenant shall obtain Landlord’s prior written consent to any such action (which consent shall not be unreasonably withheld or delayed), use an experienced and qualified contractor approved in writing by Landlord (which approval shall not be unreasonably withheld or delayed), and comply with all of the other provisions of Paragraph 10A, (b) any such installation, maintenance, replacement, removal or use shall not interfere with the use of any then existing Lines at the Building, (c) as to Lines installed after the initial buildout, an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined in Landlord’s reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings or ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises (other than Lines installed or used by Tenant), (f) Tenant’s rights shall be subject to the rights of any regulated telephone company, and (g) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines installed by Tenant located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any laws, ordinances, rules or regulations or causing a dangerous or potentially dangerous condition within thirty (30) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Building, (ii) create additional space for Lines at the Property, and (iii) reasonably monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic re-allocation of available space (if any) for, and (solely as to Lines installed by Landlord) the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Building by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Paragraph 5A(vi) (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, the cost of any capital improvements shall be included in Operating Expenses hereunder and shall be amortized (together with reasonable finance charges) as provided in Paragraph 5A(vi) and shall not be included in Operating Expenses if attributable to any particular tenant or tenants of the Property or would otherwise not be includable in Operating Expenses pursuant to exclusions under Paragraph 5A(vi). Tenant shall remove currently existing Lines in the Premises, including, without limitation, those above the existing finished ceiling in connection with Tenant’s construction, but Tenant shall have no obligation to remove any Lines installed by or for Tenant within or serving the Premises upon termination of this Lease. Any Lines not removed prior to the end of the Term shall, at Landlord’s option, become the property of Landlord (without payment by Landlord). Tenant shall not, without the prior written consent of Landlord in each instance, grant to any third party a security interest or lien in or on the Lines, and any such security interest or lien granted without Landlord’s written consent shall be null and void. Subject to Xxxxxxxxx 0X and except to the extent arising from the intentional or negligent acts of Landlord or Landlord’s agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant’s use of any Lines will be free from the following (collectively called “Line Problems”): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant’s requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Building, by any failure of the environmental conditions or the power supply for the Building to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause; provided, however, that Landlord shall use its best efforts to enforce the leases of other tenants in respect of matters relating to Line Problems. Subject to Paragraph 8C, under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant or relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.)
Appears in 1 contract
Additions and Alterations. A. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make any material alterations, improvements or additions to the Premises; provided, however, that Landlord’s . Said consent shall not be required with respect to unreasonably withheld if such alterations, improvements or additions which (i) cost less than $50,000, (ii) do not involve any structural work in adversely affect the Building and are not visible Building's structure or detract from the exterior Building's appearance from outside of the Premises, (iii) do not involve any alterations to basic Building systems or affect the operation thereof, and (iv) do not require entry into another tenant’s premises. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s 's expense by employees of or contractors hired by Landlord, at competitive prices, except to the extent Landlord gives its prior written consent to Tenant’s 's hiring contractors which consent shall not be unreasonably withheldcontractors. Tenant shall promptly pay to Landlord’s Landlord or to Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord actual costs of such work including such costs sufficient to reimburse Landlord for overhead, general conditions, fees (including legal and other professional fees) and all other costs and expenses arising from Landlord’s involvement with such work, and, if Landlord acts as General Contractor or Subcontractor for all or any portion of the work, in addition to the foregoing, Landlord shall be entitled to 10% of the cost of such work performed by Landlord. Upon completion of such workcompletion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ ' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Premises and Building harmless from all costs, damages, liens Liens and expenses related to such work other than work performed by Landlord, if anywork. All work done by Tenant and Landlord or its contractors pursuant to Article Paragraphs 8 or 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Lease.
B. All alterations, improvements and additions to the Premises (other than Tenant’s trade fixtures, equipment and other movable personal property)Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall, shall without compensation to Tenant, Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear exceptedshall, unless Landlord requests had requested their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Article 16Paragraph 19) be relinquished to Landlord in good condition, ordinary wear and tear excepted.)
Appears in 1 contract
Additions and Alterations. A. Tenant shall not, without the prior written consent of Landlord, which consent shall not unreasonably be unreasonably withheld, conditioned withheld or delayeddelayed (so long as the structural parts of the Building or Building systems are not involved), make any alterations, improvements or additions to the Premises; provided, however, that Landlord’s . Xxxxxxxx's refusal to give said consent shall not be required with respect to alterations, improvements or additions which (i) cost less than $50,000, (ii) do not involve any structural work in the Building and are not visible from the exterior of the Premises, (iii) do not involve any alterations to basic Building systems or affect the operation thereof, and (iv) do not require entry into another tenant’s premisesconclusive. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such workwork and "as-built" drawings or an accurately marked record set of drawings showing the actual location of said alterations, improvements and additions. The work necessary to make any alterations, improvements or additions to the Premises subsequent to the Commencement Date shall be done at Tenant’s 's expense by employees of of, or contractors hired by Landlordby, Landlord except to the extent Landlord gives its prior written consent to Tenant’s Xxxxxx's hiring its own contractors (which consent shall not be unreasonably withheld, except that Landlord may withhold consent in cases involving changes to, modifications of or impact upon Building Systems such as plumbing, HVAC and electrical). Tenant shall promptly pay to Landlord’s Landlord or to the Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord actual costs a percentage (not to exceed 10%) of the cost of such work including (such costs percentage to be established on a uniform basis for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees (including legal and other professional fees) and all other costs and expenses arising from Landlord’s 's involvement with such work, and, if Landlord acts as General Contractor or Subcontractor work forthwith upon being billed for all or any portion of the work, in addition to the foregoing, Landlord shall be entitled to 10% of the cost of such work performed by Landlordsame. Upon completion of such work, work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ ' affidavits and full and final waivers of all liens for labor, services or materialsmaterials all in form satisfactory to Landlord. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and expenses related to such work other than work performed by Landlord, if anywork. All work done by Tenant and Landlord or its contractors pursuant to Article Section 7 or 8 or 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Lease.
B. All alterations, improvements and additions to the Premises (other than Tenant’s trade fixtures, equipment and other movable personal property), whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall, without compensation to Tenant, become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear excepted, unless Landlord requests their removal (in which case Tenant shall remove the same as provided in Article 16.)
Appears in 1 contract
Samples: Lease (Tenfold Corp /Ut)
Additions and Alterations. A. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make any alterations, improvements or additions to the Premises; provided, however, that Landlord’s consent shall not be required with respect to alterations, improvements or additions which (i) cost less than $50,000, (ii) do not involve any structural work in the Building and are not visible from the exterior of the Premises, (iii) do not involve any alterations to basic Building systems or affect the operation thereof, and (iv) do not require entry into another tenant’s premises. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s 's expense by employees of or contractors hired by Landlord, Landlord except to the extent Landlord gives its prior written consent to Tenant’s 's hiring contractors which consent shall not be unreasonably withheld. Tenant shall promptly pay to Landlord’s Landlord or to Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord actual costs of such work including such costs sufficient to reimburse Landlord for overhead, general conditions, fees (including legal and other professional fees) and all other costs and expenses arising from Landlord’s involvement with such work, and, if Landlord acts as General Contractor or Subcontractor for all or any portion of the work, in addition to the foregoing, Landlord shall be entitled to 10% of the cost of such work performed by Landlord. Upon completion of such work, work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ ' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and expenses related to such work other than work performed by Landlord, if anywork. All work done by Tenant and Landlord or its contractors pursuant to Article 8 or 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Lease.
B. All alterations, improvements and additions to the Premises (other than Tenant’s trade fixtures, equipment and other movable personal property)Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall, shall without compensation to Tenant, Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear exceptedshall, unless Landlord requests their removal (in which case Tenant shall remove the same as provided in Article 16Section 18), be relinquished to Landlord in good condition, ordinary wear excepted.)
Appears in 1 contract
Additions and Alterations. A. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make any alterations, improvements or additions to the Premises; provided, however, that . Landlord’s 's refusal to give said consent shall not be required with respect to alterations, improvements or additions which (i) cost less than $50,000, (ii) do not involve any structural work in the Building and are not visible from the exterior of the Premises, (iii) do not involve any alterations to basic Building systems or affect the operation thereof, and (iv) do not require entry into another tenant’s premisesconclusive. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work, requiring Tenant to perform such work at times designated by Landlord. The work necessary to make any alterations, improvements or additions to the Premises Premises, whether prior to or subsequent to the Commencement Date, shall be done at Tenant’s 's expense by employees of or contractors hired by Landlord, Landlord except to the extent Landlord gives its prior written consent to Tenant’s 's hiring its own contractors. It is understood that Landlord's consent to the hiring by Tenant of Tenant's own contractors which consent shall not may be unreasonably withheldwithheld if Landlord's permitting such hiring might reasonably be expected to adversely affect other construction in the Building or might reasonably be expected to result in an interruption of services provided to tenants of the Building. Tenant shall promptly pay to Landlord’s Landlord or to Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. , Tenant shall also pay to Landlord actual costs a percentage of the cost of such work including (such costs percentage to be established on a uniform basis for the Office Section) sufficient to reimburse Landlord for all overhead, general conditions, fees (including legal and other professional fees) and all other costs and expenses arising from Landlord’s 's involvement with such work. In connection with seeking Landlord's approval, andTenant shall provide to Landlord plans and specifications regarding proposed alterations, if additions or improvements, as Landlord acts as General Contractor or Subcontractor for all or any portion of the workshall reasonably require, and Tenant shall, in addition to all other expenses which Tenant is obligated to pay to Landlord hereunder, pay to Landlord the foregoing, expense incurred by Landlord shall be entitled to 10% of in connection with the cost review of such work performed by Landlordinformation. Upon completion of such work, work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ ' affidavits and full and final waivers of all liens for labor, services or materials, all in form satisfactory to Landlord. Tenant shall defend and hold Landlord Landlord, Landlord's lessor, any mortgagee, the MTA (hereinafter defined), the Property and the Building harmless from all costs, damages, liens and expenses related to such work other than work performed by Landlord, if anywork. All work done by Tenant and Landlord or its contractors pursuant to Article 8 Paragraphs 9 or 9 10 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Lease.
B. All alterations, improvements and additions to the Premises (other than Tenant’s trade fixtures, equipment and other movable personal property)Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall, shall without compensation to Tenant, Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear exceptedshall, unless Landlord requests their removal (in which case Tenant shall remove the same as provided in Article 16Paragraph 18), be relinquished to Landlord in good condition, ordinary wear excepted.)
Appears in 1 contract
Samples: Office Lease (Artificial Life Inc)
Additions and Alterations. A. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make any alterations, improvements (except normal decorating) or additions to the Premises; provided, however, that . Landlord’s consent shall not be required with respect to unreasonably withheld so long as such alterations, improvements or and additions which (i) cost less than $50,000, (ii) are consistent with the permitted uses of the Premises set forth in Paragraph 5.B. hereof and do not involve any adversely affect the mechanical, electrical or structural work in the Building and are not visible from the exterior components or common systems of the Premises, (iii) do not involve any alterations to basic Building systems or affect the operation thereof, and (iv) do not require entry into another tenant’s premisesBuilding. If Landlord consents to said alterations, improvements or additions, it Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such workwork and “as-built” drawings or an accurately marked record set of drawings showing the actual location of said alterations, improvements and additions. The work necessary to make any alterations, improvements or additions to the Premises Premises, whether prior to or subsequent to the Commencement Date, shall be done at Tenant’s expense by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s hiring contractors which consent shall not be unreasonably withheldare reasonably acceptable to Landlord. Tenant shall promptly pay to Landlord’s or to Tenant’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord all reasonable actual costs incurred by Landlord by reason of such work including such costs sufficient to reimburse Landlord for overhead, general conditions, fees (including legal and other professional fees) and all other costs and expenses arising from Landlord’s involvement with such work, andincluding without limitation, if costs and expenses incurred by Landlord acts as General Contractor or Subcontractor for all or any portion of the work, in addition to the foregoing, Landlord shall be entitled to 10% of the cost of have such work performed by Landlord. Upon completion of such work, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord harmless from all costs, damages, liens and expenses related to such work other than work performed by Landlord, if anyinspected. All work done by Tenant and Landlord or its contractors pursuant to Article Paragraph 8 or 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Lease.
B. All alterations, improvements and additions to the Premises (other than Premises, except Tenant’s trade fixtures, equipment and other movable personal property)Work that is actually removed by Tenant, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall, shall without compensation to Tenant, Tenant become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear and tear and casualty damage referred to in Paragraph 12 excepted. Tenant shall remove certain alterations, unless improvements and additions on or before the termination of this Lease if (i) Landlord requests their removal, (ii) such items are not standard demising walls or other typical office improvements and (iii) Landlord notified Tenant at the time Landlord approved the installation of such items that Landlord reserved the right to require such removal (in which case Tenant shall remove the same as provided in Article 16Paragraph 17).)
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Additions and Alterations. A. Tenant shall not, without the prior written consent of Landlord, Landlord (which consent shall not unreasonably be unreasonably withheld, conditioned delayed or delayedconditioned, so long as the structural parts of the Building or Building systems are not involved), make any alterations, improvements or additions to the Premises; provided, however, that . Landlord’s 's refusal to give said consent shall not be required with respect to alterations, improvements or additions which (i) cost less than $50,000, (ii) do not involve any structural work in the Building and are not visible from the exterior of the Premises, (iii) do not involve any alterations to basic Building systems or affect the operation thereof, and (iv) do not require entry into another tenant’s premisesconclusive. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such workwork and "as-built" drawings or an accurately marked record set of drawings showing the actual location of said alterations, improvements and additions. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s 's expense by employees of of, or contractors hired by Landlordby, Landlord except to the extent Landlord gives its prior written consent to Tenant’s 's hiring its own contractors (which consent shall not be unreasonably withheld, delayed or conditioned, except that Landlord may arbitrarily withhold consent in cases involving Building systems such as plumbing, HVAC and electrical), and except that Tenant shall have the right to hire its own contractors in connection with the Tenant Improvement Work described in Section 30 hereof, subject to Landlord's approval of said contractors. Tenant shall promptly pay to Landlord’s Landlord or to the Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord actual a percentage of the so-called "hard" costs of such work including (such costs percentage to be established on a uniform basis for the Building and shall not exceed 5%) sufficient to reimburse Landlord for all overhead, general conditions, fees (including legal and other professional fees) and all other costs and expenses arising from Landlord’s 's involvement with such workwork forthwith upon being billed for the same; provided, andhowever, if Landlord acts as General Contractor or Subcontractor for all or any portion of the work, in addition to the foregoing, that Landlord shall be entitled to 10% of not charge such a percentage in connection with the cost of such work performed by LandlordTenant Improvement Work described in Section 30 hereof. Upon completion of such work, work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ ' affidavits and full and final waivers of all liens for labor, services or materialsmaterials all in form reasonably satisfactory to Landlord. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and expenses related to such work other than work performed by Landlord, if anywork. All work done by Tenant and Landlord or its contractors pursuant to Article Section 7 or 8 or 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. If Notwithstanding anything herein to the contrary, Landlord's consent shall not be required for work which (i) does not affect the structural parts of the Building or the Building systems, (ii) does not involve installation of any conduit or cabling in the Building, and (iii) does not (on a "per project" basis) exceed $20,000.00 in any twelve (12) month period, so long as Tenant employs union contractors to perform such work and provided such work is scheduled in advance with Landlord. Subject to the terms and conditions hereinafter set forth, Tenant shall be permitted to install computer connections and information pathways ("Network Connections") in the Premises. The initial cabling, recabling, installation, removal, connection, reconnection or disconnection of any such Network Connections shall be performed as part of the Work described in the Work Letter, and shall be subject to Landlord's approval as more particularly set forth therein. Any cabling, recabling, installation, removal, repair, expansion, connection, reconnection or disconnection of any such Network Connections after such initial installation shall be performed strictly in accordance with this Section 8, except that Landlord's prior consent shall not be required in connection therewith provided: (i) Tenant shall notify Landlord in writing within twenty-four (24) hours following completion (or as soon thereafter as practicable) of any such cabling, recabling, installation, removal, repair, expansion, connection, reconnection or disconnection of any such Network Connections; (ii) Landlord shall thereafter have the right to enter the Premises to inspect such cabling, recabling, installation, removal, connection, repair, expansion, reconnection or disconnection of any such Network Connections at any time within forty-eight (48) hours following such notice, subject to extensions for any delay on the part of Tenant, to determine if any Building systems have been altered, disturbed or otherwise negatively affected; (iii) all piping and telephone riser work in connection with any such Network Connections shall be performed by union certified personnel; and (iv) all such Network Connections shall be installed and maintained so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements not interfere with other systems or additions will be required to be removed at services located in the termination Building or expiration of the Lease.
B. All alterations, improvements and additions to the Premises (other than Tenant’s trade fixtures, equipment and other movable personal property), whether temporary used or permanent in character, made or paid for maintained by Landlord or Tenant, shall, without compensation to Tenant, become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear excepted, unless Landlord requests their removal (in which case Tenant shall remove the same as provided in Article 16any other tenant.)
Appears in 1 contract
Samples: Lease (Orbitz Inc)
Additions and Alterations. A. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make any alterations, improvements or additions to the Premises; provided. Landlord's refusal to give said consent shall be conclusive, however, except that Landlord’s 's consent shall not be required unreasonably withheld or delayed with respect to any alterations, improvements or additions which (i) cost less than $50,000, (ii) do not involve any structural work in to the Building and Premises that are not visible from the exterior outside of the Premises, (iii) do not involve any alterations to basic Building systems Premises or affect the operation thereof, and (iv) do not require entry into another tenant’s premisesBuilding. If Landlord consents to said alterations, improvements improvement or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such workwork and "as built" drawings or an accurately marked record set of drawings showing the actual location of said alterations, improvements and additions. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s 's expense by employees of of, or contractors hired by Landlordby, Landlord except to the extent Landlord gives its prior written consent to Tenant’s 's hiring contractors which consent shall not be unreasonably withheldits own contractors. Tenant shall promptly pay to Landlord’s Landlord or to the Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord actual costs a percentage no higher than the generally prevailing changes from time to time of landlords of other first class Chicago Loop office buildings of the cost of such work including such costs sufficient to reimburse Landlord for all overhead, general conditions, fees (including legal and other professional fees) and all other costs and expenses arising from Landlord’s 's involvement with such work, and, if Landlord acts as General Contractor or Subcontractor for all or . After commencement of any portion of the such work, in addition to the foregoing, Landlord Tenant shall be entitled to 10% of the cost of such work performed by Landlorddiligently and continuously pursue completion thereof. Upon completion competition of such work, Tenant shall deliver to Landlord, if Landlord when payment is made directly to contractors, evidence of payment, contractors’ ' affidavits and full and final waivers of all liens for labor, services or materialsmaterials all in form satisfactory to Landlord. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and expenses related to such work other than work performed by Landlord, if anywork. All work done by Tenant and Landlord or its contractors pursuant to Article Section 7 or 8 or 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Lease.
B. All alterationspersonal property including moveable partitions, improvements business and additions trade fixtures, machinery and equipment, communications and office equipment, whether or not attached to or built into the Premises, which are installed in the Premises by or for the account of Tenant and all furniture, furnishings and other articles of moveable personal property owned by Tenant and located in the Premises (other than collectively "Tenant’s trade fixtures, equipment and other movable personal property's Property"), whether temporary and all interior glass windows (specifically excluding Building windows and glass installed in demising walls), vertical blinds, cabinets, Tenant's computer and telephone wiring and Tenant's telephone system located in the Premises (collectively, "Tenant's Fixtures") shall remain the property of Tenant and may be removed by Tenant or permanent in character, made any person claiming under Tenant at any time or paid for by Landlord times during the Term. Upon the expiration of the Term or Tenant, shall, without compensation to Tenant, become Landlord’s property at the earlier termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good conditionLease, ordinary wear excepted, unless Landlord requests their removal (in which case Tenant shall remove Tenant's Property from the same as provided in Article 16Premises and shall have the right, but shall not be required, to remove any or all of Tenant's Fixtures. Tenant shall repair and restore any damage to the Building or Premises occasioned by the removal by Tenant or any person claiming under Tenant of any of Tenant's Property or Tenant's Fixtures from the Premises.)
Appears in 1 contract
Additions and Alterations. A. In consideration of the agreed upon Rent stated in Schedule 1, Tenant shall not, without have the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, right to make any alterations, improvements or additions to the Premises; provided, however, that so long as Tenant has obtained the prior written consent of Landlord’s . Said consent shall not be required with respect to unreasonably withheld if such alterations, improvements or additions which (i) cost less than $50,000, (ii) do not involve any structural work in adversely affect the Building and are not visible Building’s structure or common systems or areas or detract from the exterior Building’s appearance from outside of the Premises, (iii) do not involve Premises or otherwise increases any alterations to basic Building systems or affect costs of operating the operation thereof, and (iv) do not require entry into another tenant’s premisesBuilding. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s sole expense by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s hiring contractors which consent shall not be unreasonably withheldcontractors. Tenant shall promptly pay to Landlord’s Landlord or to Tenant’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord actual costs of such work including such costs sufficient an amount sufficient, in Landlord’s reasonable judgment, to reimburse Landlord for overhead, general conditions, fees (including legal all of its overhead and other professional fees) and all other costs and related expenses arising from Landlord’s involvement with allocable to such work, and, if Landlord acts as General Contractor or Subcontractor for all or any portion of the work, in addition to the foregoing, Landlord shall be entitled to 10% of the cost of such work performed by Landlord. Upon completion of such workcompletion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and and/or expenses related to such work other than work performed by Landlord, if anywork. All work done by Tenant and Landlord or its contractors pursuant to Article Section 8 or Section 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and laws, ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Lease.
B. All alterations, improvements and additions to the Premises (other than Tenant’s trade fixtures, equipment and other movable personal property)Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall, shall without compensation to Tenant, Tenant become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear exceptedshall, unless Landlord requests had requested their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Article 16Section 17), be relinquished to Landlord in good condition, ordinary wear and tear excepted.)
Appears in 1 contract
Additions and Alterations. A. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make any alterations, improvements or additions to the Premises; provided, however, that Premises exceeding Two Thousand Five Hundred and 00/100 Dollars ($2,500) in value. Landlord’s 's refusal to give said consent shall not be required with respect to alterations, improvements or additions which (i) cost less than $50,000, (ii) do not involve any structural work in the Building and are not visible from the exterior of the Premises, (iii) do not involve any alterations to basic Building systems or affect the operation thereof, and (iv) do not require entry into another tenant’s premisesconclusive. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems reasonably appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work, requiring Tenant to perform such work at times designated by Landlord. The work necessary to make any alterations, improvements or additions to the Premises Premises, whether prior to or subsequent to the Commencement Date, shall be done at Tenant’s 's expense to the extent it exceeds the Construction Allowance (as defined in Paragraph 39 herein) by employees of or contractors hired by Landlord, Landlord except to the extent Landlord gives its prior written consent to Tenant’s 's hiring contractors which its own contractors, such consent shall not to be unreasonably withheld. It is understood that Landlord's consent to the hiring by Tenant of Tenant's own contractors may be withheld if Landlord's permitting such hiring might reasonably be expected to adversely affect other construction in the Building or might reasonably be expected to result in an interruption of services provided to tenants of the Building. Tenant shall promptly pay to Landlord’s Landlord or to Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord actual costs a percentage of the cost of such work including (such costs percentage to be established on a uniform basis for the Office Section) sufficient to reimburse Landlord for all overhead, general conditions, fees (including legal and other professional fees) and all other costs and expenses actually incurred by Landlord and arising from Landlord’s 's involvement with such work. In connection with seeking Landlord's approval, andTenant shall provide to Landlord plans and specifications regarding proposed alterations, if additions or improvements, as Landlord acts as General Contractor or Subcontractor for all or any portion of the workshall reasonably require, and Tenant shall, in addition to all other expenses which Tenant is obligated to pay to Landlord hereunder, pay to Landlord the foregoing, expense reasonably incurred by Landlord shall be entitled to 10% of in connection with the cost review of such work performed by Landlordinformation. Upon completion of such work, work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ ' affidavits and full and final waivers of all liens for labor, services or materials, all in form satisfactory to Landlord. Tenant shall defend and hold Landlord Landlord, Landlord's lessor, any mortgagee, the MTA (hereinafter defined), the Property and the Building harmless from all costs, damages, liens and expenses related to such work other than work performed by except for the gross negligence or willful misconduct of Landlord, if any's contractors or employees. All work done by Tenant and Landlord or its contractors pursuant to Article 8 Paragraphs 9 or 9 10 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at Notwithstanding anything contained herein to the time Tenant makes any alterations, improvements or additionscontrary, Landlord will advise Tenant shall be obligated to provide the Construction Allowance as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Leasespecified in Paragraph 39 herein.
B. All alterations, improvements and additions to the Premises (other than Tenant’s trade fixtures, equipment and other movable personal property)Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall, shall without compensation to Tenant, Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear exceptedshall, unless Landlord requests their removal (in which case Tenant shall remove the same as provided in Article 16Paragraph 18), be relinquished to Landlord in good condition, ordinary wear excepted.
(a) Tenant shall obtain Landlord's prior written consent, such consent not to be unreasonably withheld, use an experienced and qualified contractor approved in writing by Landlord, such approval not to be unreasonably withheld, and comply with all of the other provisions of Paragraph 10A, (b) any such installation, maintenance, replacement, removal or use shall not interfere with the use of any then existing Lines at the Building, (c) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined "in Landlord's reasonable opinion, (d) if Tenant at any time uses any equipment that may create an electromagnetic field exceeding the normal insulation ratings or ordinary twisted pair riser cable or cause radiation higher than normal background radiation, the Lines therefor (including riser cables) shall be appropriately insulated to prevent such excessive electromagnetic fields or radiation, (e) as a condition to permitting the installation of new Lines, Landlord shall require that Tenant remove existing Lines located in or serving the Premises, (f) Tenant's rights shall be subject to the rights of any regulated telephone company, and (g) Tenant shall pay all costs in connection therewith. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises which are installed in violation of these provisions, or which are at any time in violation of any laws, ordinances, rules or regulations or represent a dangerous or potentially dangerous condition (but only if such Lines were installed by Tenant), within three (3) days after written notice. Landlord may (but shall not have the obligation to): (i) install new Lines at the Building, (ii) create additional space for Lines at the Property, and (iii) reasonably direct, monitor and/or supervise the installation, maintenance, replacement and removal of, the allocation and periodic reallocation of available space (if any) for, and the allocation of excess capacity (if any) on, any Lines now or hereafter installed at the Building by Landlord, Tenant or any other party (but Landlord shall have no right to monitor or control the information transmitted through such Lines). Such rights shall not be in limitation of other rights that may be available to Landlord by law or otherwise. If Landlord exercises any such rights, Landlord may charge Tenant for the costs reasonably attributable to Tenant, or may include those costs and all other costs in Operating Expenses under Paragraph 5A(vi) (including without limitation, costs for acquiring and installing Lines and risers to accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be amortized (together with reasonable finance charges) as provided in Paragraph 5A(vi). Tenant shall not, without the prior written consent of Landlord in each instance, such consent not to be unreasonably withheld or delayed, grant to any third party a security interest or lien in or on the Lines, and any such security interest or lien granted without Landlord's written consent shall be null and void. Except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any Lines will be free from the following (collectively called "Line Problems"): (x) any eavesdropping or wire-tapping by unauthorized parties, (y) any failure of any Lines to satisfy Tenant's requirements, or (z) any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance, replacement, use or removal of Lines by or for other tenants or occupants at the Building, by any failure of the environmental conditions or the power supply for the Building to conform to any requirements for the Lines or any associated equipment, or any other problems associated with any Lines by any other cause. Under no circumstances shall any Line Problems be deemed an actual or constructive eviction of Tenant, render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damage arising from any Line Problems.
Appears in 1 contract
Samples: Office Lease (Oxigene Inc)
Additions and Alterations. A. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make any alterations, improvements or additions to the Premises; provided, however, that Landlord’s consent shall not be required with respect to alterations, improvements or additions which (i) cost less than $50,000, (ii) do not involve any structural work in the Building and are not visible from the exterior of the Premises, (iii) do not involve any alterations to basic Building systems or affect the operation thereof, and (iv) do not require entry into another tenant’s premises. If Landlord consents to said such alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with insurance against liabilities which may arise out of such work, and security for Tenant's obligations to pay for such work, plans and specifications plus for Landlords approval prior to commencement of construction, copies of all permits necessary for such workwork and "as built" plans after completion of such work together with a complete breakdown of the cost of such work as required for purposes of Landlord's insurance or self-insurance. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s Tenants expense by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s hiring contractors which consent shall not be unreasonably withheld. Tenant shall promptly pay to Landlord’s or to Tenant’s contractors, as the case may bepay, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord actual costs of such work including such costs sufficient an amount sufficient, in Landlord's reasonable judgment, to reimburse Landlord for overhead, general conditions, fees (including legal all of its overhead and other professional fees) and all other costs and related expenses arising from Landlord’s involvement with allocable to such work, and, if Landlord acts as General Contractor or Subcontractor for all or any portion of the work, in addition to the foregoing, Landlord shall be entitled to 10% of the cost of such work performed by Landlord. Upon completion of such workcompletion, Tenant shall deliver to Landlord, if payment is made directly to contractorsthe extent not previously received by Landlord, evidence of payment, contractors’ ' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord harmless from all costs, damages, liens and expenses related to such work other than work performed by Landlord, if any. All work done by Tenant and Landlord or its contractors pursuant to Article 8 or 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Lease.
B. All alterations, improvements and additions to the Premises (other than Tenant’s trade fixtures, equipment and other movable personal property)Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall, Tenant shall without compensation to Tenant, Tenant become Landlord’s 's property at upon installation. All such alterations, improvements and additions shall, unless Landlord had expressly requested or approved their removal when Landlord consented to their installation (in which case Tenant shall remove the same as provided in Section 17), remain Landlord's property upon termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear and tear excepted, unless Landlord requests their removal (in which case Tenant shall remove the same as provided in Article 16.)
Appears in 1 contract
Additions and Alterations. A. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned withheld or delayed, make any alterations, improvements or additions to the Premises; provided, however, that Landlord’s . Landlord need not give any such consent shall not be required with respect to alterations, improvements or additions which (i) cost less than $50,000, (ii) do not involve any structural work in the Building and are not visible from the exterior of the Premises, (iii) do not involve any alterations to basic Building systems or affect the operation thereof, and (iv) do not require entry into another tenant’s premises. If but if Landlord consents to said alterations, improvements or additionsdoes, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitationlimitations, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work and insurance against liabilities which may arise out of such work, as determined by Landlord. Tenant shall perform all such work in compliance with (i) all laws, ordinances, regulations or requirements of any governmental entity or authority concerning or regulating the handling or removal of ACM; and plans (ii) any Asbestos Operations and specifications plus permits necessary for such workMaintenance Program Manual (O&M Program) then if effect, and hereby covenants and agrees to comply with the O&M Program, as amended from time to time, to the extent applicable to Tenant or to the Premises. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s expense by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s 's hiring contractors which consent shall not be unreasonably withheldcontractors. Tenant shall promptly pay to Landlord’s Landlord or to Tenant’s 's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord actual costs of such work including such costs sufficient to reimburse Landlord for overhead, general conditions, fees (including legal and other professional fees) and all other costs and expenses arising from Landlord’s involvement with such work, and, if Landlord acts as General Contractor or Subcontractor for all or any portion of the work, in addition to the foregoing, Landlord shall be entitled to 10% of the cost of such work performed by Landlord. Upon upon completion of such work, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ ' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall indemnify, defend and hold Landlord and the Land and Building harmless from all costs, damages, liens liens, liabilities, and expenses related to such work other than work performed by Landlordits Additions and Alterations including without limitation, if anyliabilities arising from Tenant's failure to comply with the O&M Program and any authority concerning ACM handling and removal, including attorney's fees. All work done by Tenant and Landlord or its contractors pursuant to Article this Paragraph 8 or 9 pursuant to Paragraph 7 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All required permits shall be obtained by Tenant at Tenant's expense. If Tenant so requests desires signal communications, alarm or other utility or service connection installed or changed, the same shall be made at the time Tenant makes any alterationsexpense of Tenant, improvements or additions, with prior written consent and under direction of Landlord will advise Tenant as and subject to whether such alterations, improvements or additions will be required to be removed at the termination or expiration terms and conditions of the Lease.
B. first paragraph of this Paragraph 8 hereof or of Paragraph 8A below. All alterations, improvements improvements, additions and additions wiring or cabling to the Premises (other than Tenant’s trade fixtures, equipment and other movable personal property)Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall, shall without compensation to Tenant, Tenant become Landlord’s 's property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear exceptedshall, unless Landlord requests their removal (in which case Tenant shall remove the same as provided in Article Paragraph 16), be relinquished to Landlord in good condition, ordinary wear excepted. Tenant shall not affix or install any wall treatments or wall coverings, of any type or nature (other than paint), within the Premises, without Landlord's prior written consent.)
Appears in 1 contract
Samples: Office Building Lease (Asset Acceptance Capital Corp)
Additions and Alterations. A. Tenant shall notnot make any additions, alterations or improvements to the Leased Premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make any alterationsor qualified. Upon such consent, improvements or additions such repairs shall be subject to the Premises; providedfollowing:
a) No alteration shall be undertaken until Tenant shall have procured and paid for, however, that Landlord’s consent shall not so far as the same may be required with respect from time to alterationstime, improvements all permits and authorizations of all municipal departments and governmental subdivisions having jurisdiction. Landlord shall join in the application for such permits or additions which authorizations whenever such action is necessary.
b) Any non-structural alteration involving an estimated cost of more than Fifty Thousand and no/100 Dollars (i$50,000.00) cost less than $50,000, (ii) do not involve and any structural work alteration, regardless of cost, shall be conducted under the supervision of an architect or engineer selected and paid by Tenant and approved in the Building and are writing by Landlord (such approval not visible from the exterior of the Premises, (iii) do not involve any alterations to basic Building systems or affect the operation thereofbe unreasonably withheld), and (iv) do not require entry into another tenant’s premises. If Landlord consents to said alterations, improvements or additions, it may impose no such reasonable conditions alteration shall be made except in accordance with respect thereto as Landlord deems appropriate, including, without limitation, insurance against liabilities which may arise out of such work, and detailed plans and specifications plus permits necessary for prepared by such work. The work necessary to make any alterations, improvements architect or additions to the Premises engineer and approved in writing by Landlord.
c) Any alteration shall be done at Tenant’s expense made promptly (unavoidable delays excepted), in a workmanlike manner and in compliance with all applicable permits and authorizations and with all laws, ordinances, orders, rules, regulations and requirements of all governmental authorities having jurisdiction, and in accordance with the orders, rules and regulations of the National Board of Fire Underwriters or any other body hereafter exercising similar functions.
d) Except for the alterations covered by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s hiring contractors which consent shall not be unreasonably withheld. Tenant shall promptly pay to Landlord’s or to Tenant’s contractors, as the case may be, when dueImprovement Allowances specified in Paragraph 19(b), the cost of any additions or alterations shall be paid by Tenant so that the Leased Premises shall at all such times be free of liens for labor and materials supplied or claimed to have been supplied to the Leased Premises.
e) Workmen's compensation insurance covering all persons employed in connection with the work and of all decorating required by reason thereof. Tenant shall also pay with respect to Landlord actual costs of such work including such costs sufficient to reimburse Landlord for overhead, general conditions, fees (including legal and other professional fees) and all other costs and expenses arising from whom death or bodily injury claims could be asserted against Landlord’s involvement with such work, and, if Landlord acts as General Contractor or Subcontractor for all or any portion of the work, in addition to the foregoing, Landlord shall be entitled to 10% of the cost of such work performed by Landlord. Upon completion of such work, Tenant shall deliver to Landlordor the Leased Premises, if payment is made directly to contractors, evidence and builder's risk insurance for the mutual benefit of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord harmless from all costs, damages, liens and expenses related to such work other than work performed by Landlord, if any. All work done by Tenant and Landlord or its contractors pursuant to Article 8 or 9 in such limits as Landlord may reasonably require, shall be done maintained by Tenant at Tenant's sole cost at all times when any work is in a first-class workmanlike manner using only good grades of materials and shall comply process in connection with all insurance requirements any change or alteration. Any and all applicable laws alterations and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Lease.
B. All alterations, improvements and additions to the Leased Premises (other than Tenant’s trade fixtures, equipment and other movable personal property), whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall, without compensation to Tenant, become Landlord’s property Tenant shall remain at the termination of this Lease by lapse of time or otherwise and shall be relinquished and become the property of Landlord; however, should Landlord so elect, Landlord may require Tenant to remove any and all alterations and improvements and restore the Leased Premises to a state of good and substantial repair, order and condition if so stated in writing by Landlord in good condition, ordinary wear excepted, unless Landlord requests their removal (in which case Tenant shall remove conjunction with the same as provided in Article 16approval of such work.)
Appears in 1 contract
Samples: Commercial Lease (Bairnco Corp /De/)
Additions and Alterations. A. Tenant shall not, without the prior written consent of Landlord, which consent shall Landlord (not to be unreasonably withheld, conditioned or delayed), make any alterations, improvements or additions to the Premises; provided, however, that . Landlord’s refusal to give said consent shall not be required with respect to alterations, improvements or additions which (i) cost less than $50,000, (ii) do not involve any structural work in the Building and are not visible from the exterior of the Premises, (iii) do not involve any alterations to basic Building systems or affect the operation thereof, and (iv) do not require entry into another tenant’s premisesconclusive. If Landlord consents to said alterations, improvements or additions, it may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such workwork and “as-built” drawings or an accurately marked record set of drawings showing the actual location of said alterations, improvements and additions. The work necessary to make any alterations, improvements or additions to the Premises Premises, whether prior to or subsequent to the Commencement Date, shall be done at Tenant’s expense by employees of of, or contractors hired by Landlordby, Landlord except to the extent Landlord gives its prior written consent to Tenant’s hiring its own contractors (which consent shall not be unreasonably withheld, except that Landlord may arbitrarily withhold consent in cases involving Building systems such as plumbing, HVAC and electrical). Tenant shall promptly pay to Landlord’s Landlord or to the Tenant’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord actual costs a percentage of the cost of such work including (such costs percentage to be established on a uniform basis for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees (including legal and other professional fees) and all other costs and expenses arising from Landlord’s involvement with such work, and, if Landlord acts as General Contractor or Subcontractor work forthwith upon being billed for all or any portion of the work, in addition to the foregoing, Landlord shall be entitled to 10% of the cost of such work performed by Landlordsame. Upon completion of such work, work Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materialsmaterials all in form satisfactory to Landlord. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and expenses related to such work other than work performed by Landlord, if anywork. All work done by Tenant and Landlord or its contractors pursuant to Article 8 or 9 this Section shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. If Tenant so requests at the time Tenant makes any alterations, improvements or additions, Landlord will advise Tenant as to whether such alterations, improvements or additions will be required to be removed at the termination or expiration of the Lease.
B. All alterations, improvements and additions to the Premises (other than Tenant’s trade fixtures, equipment and other movable personal property), whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall, without compensation to Tenant, become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall be relinquished to Landlord in good condition, ordinary wear excepted, unless Landlord requests their removal (in which case Tenant shall remove the same as provided in Article 16.)
Appears in 1 contract
Samples: Lease (Bancinsurance Corp)