Additions and Alterations. (i) Tenant may, at its discretion and its expense, carpet and decorate (i.e., paint, carpet, cover walls or ceilings, change furnishings, change or move non-demising walls provided same does not affect any building systems) and, if and as permitted by law, install an alarm and public address system (provided such public address system does not create excessive noise affecting other tenants and it is in compliance with all applicable codes) in such portion of the "public stairways" as run between the floors comprising the Premises and a door or other device barring access to such floors from lower floors except in emergency. Tenant may from time to time during the Term, at its expense, make other alterations, additions, installations, substitutions, and improvements (herein collectively called "changes") in and to the Premises, excluding Structural Changes (as hereinafter defined), subject to the provisions of this Paragraph 9. If any changes performed by Tenant pursuant to this Paragraph 9.A(i) require that a City of Chicago Building Permit be issued and that drawings of such changes must be submitted to the City of Chicago for the issuance of the Building Permit, Tenant will provide Landlord with notice of such changes and supply Landlord with a copy of the drawings for such changes and the Building Permit. Notwithstanding anything to the contrary contained herein, Landlord's approval is not required for any changes pursuant to this Paragraph 9A(i). (ii) If the change involves any work which: (1) involves a penetration or other alteration of the structural components of the Building, including, but not limited to, floor slabs (other than electrical outlets), load bearing walls or columns or demising walls, or (2) alters a primary Building system which serves other premises within the Building (collectively, "Structural Changes"), then Tenant shall, at least thirty (30) days prior to commencing any Structural Changes, notify Landlord of the nature and extent of such change and shall also submit reasonably detailed plans and specifications with such notice showing all the planned changes. Tenant shall not make any Structural Change without Landlord's prior consent, which consent shall not be unreasonably withheld, and Landlord may impose reasonable conditions with respect to Structural Changes, including, without limitation, requiring Tenant to furnish Landlord with an itemization and security for the payment of all costs to be incurred in connection with such changes, insurance against liabilities which may arise out of such Structural Changes, plans and specifications plus permits necessary for such changes and Landlord may require that all contractors and subcontractors be approved in advance by Landlord, which approval shall not be unreasonably withheld. The work necessary to make any Structural Changes shall be done at Tenant's expense by Tenant's contractors. Tenant shall reimburse Landlord for Landlord's reasonable and actual costs in reviewing and approving work done by Tenant's contractors. 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 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 changes made by Tenant or its contractors, and relating to non- payment by Tenant of the cost of such changes. All work done by Tenant or its contractors pursuant to 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. In hiring such contractors, Tenant will not knowingly take any action which will directly result in picketing of the Building or the concerted withholding of services by any employees of Landlord or Landlord's beneficiary and should any such action occur Tenant will take any reasonable steps available to bring such action to an end. B. All changes, whether temporary (to the extent then existing) 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. Tenant shall remove any Structural Changes and restore the Premises to their condition existing prior to such Structural Changes on or before the termination of this Lease if Landlord notified Tenant at the time Landlord approved the making of such Structural Changes that Landlord required such removal. Except for the aforementioned limited obligation of Tenant to remove certain Structural Changes, upon termination of this Lease, Tenant shall have no obligation to remove any changes and to restore the Premises to their condition prior to such changes.
Appears in 1 contract
Samples: Lease (Bcom3 Group Inc)
Additions and Alterations. (i) Tenant may, at its discretion and its expense, carpet and decorate (i.e., paint, carpet, cover walls or ceilings, change furnishings, change or move non-demising walls provided same does not affect any building systems) and, if and as permitted by law, install an alarm and public address system (provided such public address system does not create excessive noise affecting other tenants and it is in compliance with all applicable codes) in such portion of the "public stairways" as run between the floors comprising the Premises and a door or other device barring access to such floors from lower floors except in emergency. Tenant may from time to time during the Term, at its expense, make other alterations, additions, installations, substitutions, and improvements (herein collectively called "changes") in and to the Premises, excluding Structural Changes (as hereinafter defined), subject to the provisions of this Paragraph 9. If any changes performed by Tenant pursuant to this Paragraph 9.A(i) require that a City of Chicago Building Permit be issued and that drawings of such changes must be submitted to the City of Chicago for the issuance of the Building Permit, Tenant will provide Landlord with notice of such changes and supply Landlord with a copy of the drawings for such changes and the Building Permit. Notwithstanding anything to the contrary contained herein, Landlord's approval is not required for any changes pursuant to this Paragraph 9A(i).
(ii) If the change involves any work which: (1) involves a penetration or other alteration of the structural components of the Building, including, but not limited to, floor slabs (other than electrical outlets), load bearing walls or columns or demising walls, or (2) alters a primary Building system which serves other premises within the Building (collectively, "Structural Changes"), then Tenant shall, at least thirty (30) days prior to commencing any Structural Changes, notify Landlord of the nature and extent of such change and shall also submit reasonably detailed plans and specifications with such notice showing all the planned changes. 9.1 Tenant shall not make any Structural Change not, without the prior written consent of Landlord's prior consent, which consent shall not be unreasonably withheldwithheld or delayed, make any alterations, improvements or additions to the Premises; PROVIDED THAT, Tenant shall not be obligated to obtain the consent of Landlord if the cost of any improvement, alteration or addition does not exceed $100,000, does not involve any modification to the structure of the Building or any Systems and Equipment serving any other Premises, and is not visible from the exterior of the Premises. If Landlord is required to and does consent to said alterations, improvements or additions, it may impose such reasonable conditions with respect to Structural Changesthereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with an itemization and security for the payment of all costs to be incurred in connection with such changeswork, a lien waiver from Tenant's general contractor, insurance against liabilities which may arise out of such Structural Changeswork and plans, plans specifications and specifications plus permits necessary for such changes and Landlord may require that all contractors and subcontractors be approved in advance by Landlord, which approval work. In no event shall not be unreasonably withheldsuch work incorporate any asbestos material. The work necessary to make any Structural Changes alterations, improvements or additions to the Premises, whether prior to or subsequent to the Commencement Date, shall be done at Tenant's expense by contractors approved by Landlord, such approval not to be unreasonably withheld or delayed (it being acknowledged that the process for approval of Tenant's contractorscontractors with respect to the work being performed by Tenant prior to the Commencement Date is set forth in Exhibit B). Tenant shall promptly pay, when due, the cost of all such work and of all repairs to the Building required by reason thereof. If such work has a cost of $100,000 or more, Tenant shall also pay to Landlord a percentage of the cost of such work, not to exceed 2% or $50,000 whichever is less if Tenant is performing the work (such percentage to be established on a uniform basis for the Office Section), sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's reasonable and actual costs involvement with such work; provided that, Tenant shall not be liable for any fee incurred in reviewing and approving connection with the work done by Tenant's contractorsperformed prior to the Commencement Date. 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 all in form reasonably satisfactory to Landlordmaterials. Tenant shall defend and hold Landlord and the Land and Building harmless from all costs, damages, liens and expenses related to changes made by Tenant or its contractors, and relating to non- payment by Tenant of the cost of such changeswork. All work done by Tenant or its contractors pursuant to 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. In hiring such contractors, Tenant will not knowingly take any action which will directly result in picketing of the Building or the concerted withholding of services by any employees of Landlord or Landlord's beneficiary and should any such action occur Tenant will take any reasonable steps available to bring such action to an end.
B. 9.2 All changesalterations, whether temporary (improvements and additions to the extent then existing) or permanent in character, Premises made or paid for by Landlord or Tenant, Tenant shall without compensation to Tenant become Landlord's property at the termination of this Lease lease by lapse of time or otherwise. otherwise and shall, unless Landlord requests their removal (in which case Tenant shall remove the same as provided in Paragraph 17), be relinquished to Landlord in good condition, ordinary wear excepted.
9.3 Tenant may install, maintain, replace, remove or use any Structural Changes communications or computer wires, cables and restore related devices (collectively, the "Lines") in the Building or serving the Premises, provided:
(a) Tenant shall obtain Landlord's prior written consent, use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of Subparagraph 9.1 hereof;
(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 electro-magnetic 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 with the rights and obligations of Tenant set forth in this Subparagraph 9.3. Landlord reserves the right to require that Tenant remove any Lines located in or serving the Premises to their 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 existing prior to (whether such Structural Changes on Lines were installed by Tenant or before the termination of this Lease if any other party), within thirty (30) days after written notice thereof from Landlord notified Tenant at the time unless such Lines create a dangerous condition, in which event they shall be removed as quickly as is necessary. Landlord approved the making of such Structural Changes that Landlord required such removal. Except for the aforementioned limited obligation of Tenant to remove certain Structural Changes, upon termination of this Lease, Tenant may (but shall have no obligation to): (i) in-stall new Lines at the Building; (ii) create additional space for Lines at the Building; 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 remove 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 exercise any changes 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 Subparagraph 4.2.6 hereof (including without limitation, costs for acquiring and installing Lines and risers to restore accommodate new Lines and spare Lines, any associated computerized system and software for maintaining records of Line connections, and the Premises to their condition prior to such changes.fees of any consulting engineers and other experts); provided, any capital expenditures included in Operating Expenses hereunder shall be
Appears in 1 contract
Additions and Alterations. 8.1 Landlord's Consent to Alterations. Tenant may not make any improvements, alterations, additions or changes to the Premises (collectively, the "ALTERATIONS") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than twenty (20) days prior to the commencement thereof. Landlord shall not withhold or delay its consent for any Alterations, unless the making or installation of any Alteration would result in any of the following (collectively, a "DESIGN PROBLEM"), in which event Landlord may withhold its consent in its sole and absolute discretion: (i) Tenant may, at its discretion and its expense, carpet and decorate (i.e., paint, carpet, cover walls such Alteration would or ceilings, change furnishings, change or move non-demising walls provided same does not may affect any building systems) and, if and as permitted by law, install an alarm and public address system (provided such public address system does not create excessive noise affecting other tenants and it is in compliance with all applicable codes) in such portion of the "public stairways" as run between the floors comprising the Premises and a door or other device barring access to such floors from lower floors except in emergency. Tenant may from time to time during the Term, at its expense, make other alterations, additions, installations, substitutions, and improvements (herein collectively called "changes") in and to the Premises, excluding Structural Changes (as hereinafter defined), subject to the provisions of this Paragraph 9. If any changes performed by Tenant pursuant to this Paragraph 9.A(i) require that a City of Chicago Building Permit be issued and that drawings of such changes must be submitted to the City of Chicago for the issuance of the Building Permit, Tenant will provide Landlord with notice of such changes and supply Landlord with a copy of the drawings for such changes and the Building Permit. Notwithstanding anything to the contrary contained herein, Landlord's approval is not required for any changes pursuant to this Paragraph 9A(i).
(ii) If the change involves any work which: (1) involves a penetration or other alteration of the structural components of the Building, including, but not limited to, floor slabs or (other than electrical outlets), load bearing walls B) the Systems and Equipment; (ii) such Alteration would or columns or demising wallsmay affect any area, or can be seen from any area, outside the Premises or the Building; or (2iii) alters a primary Building system which serves such Alteration would not comply with applicable Laws and/or would unreasonably interfere with the normal and customary business operations of other premises within tenants of the Building Building. Notwithstanding the foregoing to the contrary, Tenant may make nonstructural interior alterations, additions or improvements to the interior of the Premises (collectively, the "Structural ChangesACCEPTABLE CHANGES")) without Landlord's consent, then provided that: (1) Tenant shall, delivers to Landlord written notice of such Acceptable Changes at least thirty ten (3010) days prior to commencing the commencement thereof; (2) the aggregate cost of all such Acceptable Changes during any Structural Changestwelve (12) consecutive month period does not exceed Fifty Thousand Dollars ($50,000.00) (provided, notify Landlord however, this clause (2) shall not apply to Tenant's installation of telephone, computer and telecommunications cabling located entirely within the nature Premises); (3) such Acceptable Changes shall be performed by or on behalf of Tenant in compliance with the other provisions of this Article 8; (4) such Acceptable Changes do not require the issuance of a building permit or other governmental approval; (5) such Acceptable Changes would not result in a Tenant Design Problem; and extent of (6) such change Acceptable Changes shall be performed by qualified contractors and shall also submit reasonably detailed plans subcontractors which normally and specifications with such notice showing all the planned changesregularly perform similar work in Comparable Buildings. Tenant shall not make any Structural Change without Landlord's prior consentpay for all overhead, which consent shall not be unreasonably withheldgeneral conditions, fees and Landlord may impose reasonable conditions with respect to Structural Changes, including, without limitation, requiring Tenant to furnish Landlord with an itemization other costs and security for expenses of the payment of all costs to be incurred in connection with such changes, insurance against liabilities which may arise out of such Structural Changes, plans and specifications plus permits necessary for such changes and Landlord may require that all contractors and subcontractors be approved in advance by Landlord, which approval shall not be unreasonably withheld. The work necessary to make any Structural Changes shall be done at Tenant's expense by Tenant's contractorsAlterations. Tenant shall reimburse also pay to Landlord for Landlord's reasonable and actual costs in reviewing and approving work done by Tenant's contractors. Upon completion a Landlord supervision fee 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 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 changes made by Tenant or its contractors, and relating to non- payment by Tenant five percent (5%) of the cost of the Alterations if the Alterations, with respect to any one job, cost under Fifty Thousand Dollars ($50,000), or three percent (3%) of the cost of the Alterations if the Alterations, with respect to any one job, cost Fifty Thousand Dollars ($50,000) or more; provided no such changes. All work done by Tenant or its contractors pursuant to Paragraphs 8 or 9 Landlord supervision fee shall be done charged for Alterations that do not require a permit but, 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. In hiring such contractors, Tenant will not knowingly take any action which will directly result in picketing of the Building or the concerted withholding of services by any employees of Landlord or Landlord's beneficiary and should any such action occur Tenant will take any reasonable steps available to bring such action to an end.
B. All changes, whether temporary (to the extent then existing) 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. Tenant shall remove any Structural Changes and restore the Premises to their condition existing prior to such Structural Changes on or before the termination of this Lease if Landlord notified Tenant at the time Landlord approved the making of such Structural Changes that Landlord required such removal. Except for the aforementioned limited obligation of Tenant to remove certain Structural Changes, upon termination of this Leasecase, Tenant shall have no obligation to remove promptly reimburse Landlord for the costs incurred by Landlord in posting any changes and to restore the Premises to their condition prior to such changesnotices of non-responsibility in connection therewith.
Appears in 1 contract
Samples: Office Lease (Websense Inc)
Additions and Alterations. (i) 9.1 No structural changes or non-structural changes in excess of $50,000, alterations, improvements or additions shall be made to the Premises or Building or any part thereof by Tenant may, at its without first obtaining the written consent of Landlord which may be given or withheld in Landlord’s sole discretion and its expensejudgment, carpet and decorate (i.e., paint, carpet, cover walls or ceilings, change furnishings, change or move non-demising walls provided same does not affect any building systems) and, if given may be given subject to such terms and conditions as permitted Landlord may deem necessary or desirable, in Landlord’s sole discretion and judgment. Tenant hereby agrees that any alterations, improvements, or additions to the Premises or Building shall be undertaken only by lawa general contractor approved by Landlord in writing. All changes, install an alarm alterations, additions and public address system (provided such public address system does not create excessive noise affecting other tenants improvements made or placed in or upon the Premises, and it is in compliance with all applicable codes) in such portion which by operation of law would become a part of the "public stairways" as run between real estate, shall immediately upon being made or placed thereon become the floors comprising property of Landlord and shall remain upon and be surrendered with the Premises and as a door part thereof, at the termination by lapse of time or other device barring access otherwise, of the Term of this Lease. Any such changes, alterations, improvements, or additions shall be done in strict conformity with the “Building Standard Criteria” attached as Exhibit D. At Landlord’s request, at or prior to such floors from lower floors except in emergency. Tenant may from time to time during termination of the Term, at its expenseTenant shall promptly remove all or any part of any such changes, make other alterations, additions, installations, substitutions, and improvements (herein collectively called "changes") in and or additions made by Tenant to the Premises, excluding Structural Changes (promptly repair any damages resulting from such removal and restore the Premises to their original condition as hereinafter defined), subject to the provisions of this Paragraph 9. If any changes performed by Tenant pursuant to this Paragraph 9.A(i) require that a City of Chicago Building Permit be issued and that drawings of such changes must be submitted to the City of Chicago for the issuance of the Building Permit, Tenant will provide Commencement Date. Landlord with notice of such changes and supply Landlord with a copy of the drawings for such changes and the Building Permit. Notwithstanding anything to the contrary contained herein, Landlord's approval is not required for any changes pursuant to this Paragraph 9A(i).
(ii) If the change involves any work which: (1) involves a penetration or other alteration of the structural components of the Building, including, but not limited to, floor slabs (other than electrical outlets), load bearing walls or columns or demising walls, or (2) alters a primary Building system which serves other premises within the Building (collectively, "Structural Changes"), then Tenant shall, at least thirty (30) days prior to commencing any Structural Changes, notify Landlord of the nature and extent of such change and shall also submit reasonably detailed plans and specifications with such notice showing all the planned changes. acknowledges that Tenant shall not make be obligated to remove any Structural Change without Landlord's prior consentAlterations, fixtures or equipment which consent shall not be unreasonably withheld, are affixed to the Demised Premises and Landlord were in place on the Commencement Date.
9.2 Fixtures: Tenant may impose reasonable conditions with respect install or affix to Structural Changes, including, without limitation, requiring Tenant to furnish Landlord with an itemization the Premises such equipment and security trade fixtures as are reasonably necessary for the payment conduct of all costs Tenant’s business operations therein but only with Landlord’s prior written consent; and, upon termination of this Lease for any reason, other than Tenant’s default, Tenant may remove the same provided that, after such removal, Tenant immediately restores the Premises at Tenant’s expense to be incurred in connection with such changes, insurance against liabilities which may arise out the same condition as existed prior to the installation of such Structural Changesequipment or fixtures normal wear and tear excepted. It is understood and agreed, plans however, that any floor and specifications plus permits necessary for such changes and Landlord may require that all contractors and subcontractors be approved in advance wall coverings or other appurtenances attached to the floor or any part of the Premises by Landlord, which approval shall not be unreasonably withheld. The work necessary to make any Structural Changes shall be done at Tenant's expense by Tenant's contractors. Tenant shall reimburse Landlord for Landlord's reasonable and actual costs in reviewing and approving work done by Tenant's contractors. 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 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 changes made by Tenant or its contractors, and relating to non- payment by Tenant of the cost of such changes. All work done by Tenant or its contractors pursuant to 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. In hiring such contractors, Tenant will not knowingly take any action which will directly result in picketing of the Building or the concerted withholding of services by any employees of Landlord or Landlord's beneficiary and should any such action occur Tenant will take any reasonable steps available to bring such action to an end.
B. All changes, whether temporary (to the extent then existing) 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 or any renewal hereof, remain the property of time or otherwiseLandlord and shall not be removed. Tenant shall remove promptly pay and discharge and shall indemnify and hold Landlord harmless of and from, all tangible personal and other property taxes and assessments now or hereafter taxed, assessed, imposed, or levied by any Structural Changes and restore lawful authority against or upon any fixtures, equipment, or other personal property of Tenant located in or on the Premises during the term of this Lease. Landlord’s Initial: Tenant’s Initial:
9.3 Landlord shall not, by its approval of changes, alternations, improvements or additions to their condition existing prior the Demised Premises under this Lease Agreement, incur any liability or obligations as a result of or arising out of the changes, alterations, improvements or additions to the Demised Premises.
9.4 The interest of Landlord shall not be subject to liens for improvements made by Tenant. Tenant shall notify all contractors making such Structural Changes on or before the termination improvements of this provision. Tenant shall, at Landlord’s request, execute and acknowledge a short form of this Lease if Agreement for recordation in the Public Records of Sarasota County, Florida, pursuant to Subsection 713.10(1), Florida Statutes or the Landlord notified Tenant may instead, at Landlord’s option, record the time Landlord approved notice provided for by Subsection 713.10(2), Florida Statutes, in the making Public Records of such Structural Changes that Landlord required such removal. Except for the aforementioned limited obligation of Tenant to remove certain Structural ChangesSarasota County, upon termination of this Lease, Florida.
9.5 The Tenant shall have no obligation indemnify and hold the Landlord harmless against all claims, liens, actions, judgments, damages, liabilities, payments, costs and expenses, including reasonable attorney’s fees, legal assistant fees and paralegal fees that the Landlord may suffer or incur and that result directly or indirectly from changes, alterations, improvements or additions to remove any changes and to restore the Premises to their condition prior to such changesmade by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Artisoft Inc)
Additions and Alterations. (i) Tenant may, at its discretion and its expense, carpet and decorate (i.e., paint, carpet, cover walls or ceilings, change furnishings, change or move non-demising walls provided same does not affect any building systems) and, if and as permitted by law, install an alarm and public address system (provided such public address system does not create excessive noise affecting other tenants and it is in compliance with all applicable codes) in such portion of the "“public stairways" ” as run between the floors comprising the Premises and a door or other device barring access to such floors from lower floors except in emergency. Tenant may from time to time during the Term, at its expense, make other alterations, additions, installations, inst substitutions, and improvements (herein collectively called "changes") TM in and to the Premises, excluding Structural Changes (as hereinafter defined), subject to the provisions of this Paragraph 9. If any changes performed by Tenant pursuant to this Paragraph 9.A(i) 9 require that a City of Chicago Building Permit be issued and that drawings of such changes must be submitted to the City of Chicago for the issuance of the Building Permit, Tenant will provide Landlord with notice of such changes and supply Landlord with a copy of the drawings for such changes and the Building Permit. Notwithstanding anything to the contrary contained herein, Landlord's ’s approval is not required for any changes pursuant to this Paragraph 9A(i).
(ii) If the change involves any work which: (1) involves a penetration or other alteration of the structural components of the Building, including, but not limited to, floor slabs (other than electrical outlets), load bearing walls or columns or demising walls, or (2) alters a primary Building system which serves other premises within the Building (collectively, "“Structural Changes"”), then Tenant shall, at least thirty (30) days prior to commencing any Structural Changes, notify Landlord of the nature and extent of such change and shall also submit reasonably detailed plans and specifications with such notice showing all the planned changes. Tenant shall not make any Structural Change without Landlord's ’s prior consent, which consent shall not be unreasonably withheld, and Landlord may impose Impose reasonable conditions with respect to Structural Changes, including, without limitation, limit requiring Tenant to furnish Landlord with an itemization and security for the payment of all costs to be incurred in connection with such changes, insurance against liabilities which may arise out of such Structural Changes, plans and specifications plus permits necessary for such changes and Landlord may require that all contractors and subcontractors be approved in advance by Landlord, which approval shall not be unreasonably withheld. The work necessary to make any Structural Changes shall be done at Tenant's ’s expense by Tenant's ’s contractors. Tenant shall reimburse Landlord for Landlord's ’s reasonable and actual costs in reviewing and approving work done by Tenant's ’s contractors. 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 all in form reasonably satisfactory to Landlord. Tenant shall defend and hold bold Landlord and the Land and Building harmless from all costs, damages, liens and expenses related to changes made by Tenant or its contractors, and relating to non- non-payment by Tenant of the cost of such changes. All work done by Tenant or its contractors pursuant to 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. In hiring luring such contractors, Tenant will not knowingly take any action which will directly result in picketing of the Building or the concerted withholding of services by any employees of Landlord or Landlord's ’s beneficiary and should any such action occur Tenant will take any reasonable steps available to bring such action to an end.
B. All changes, whether temporary (to the extent then existing) 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. Tenant shall remove any Structural Changes and restore the Premises to their condition existing prior to such Structural Changes on or before the termination of this Lease if Landlord notified Tenant at the time Landlord approved the making of such Structural Changes that Landlord required such removal. Except for the aforementioned limited obligation of Tenant to remove certain Structural Changes, upon termination of this Lease, Tenant shall have no obligation to remove any changes and to restore the Premises to their condition prior to such changes.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Additions and Alterations. (i) Tenant may, at its discretion and its expense, carpet and decorate (i.e., paint, carpet, cover walls or ceilings, change furnishings, change or move non-demising walls provided same does not affect any building systems) and, if and as permitted by law, install an alarm and public address system (provided such public address system does not create excessive noise affecting other tenants and it is in compliance with all applicable codes) in such portion of the "public stairways" as run between the floors comprising the Premises and a door or other device barring access to such floors from lower floors except in emergency. Tenant may from time to time during the Term, at its expense, make other alterations, additions, installations, substitutions, and improvements (herein collectively called "changes") in and to the Premises, excluding Structural Changes (as hereinafter defined), subject to the provisions of this Paragraph 9. If any changes performed by Tenant pursuant to this Paragraph 9.A(i) require that a City of Chicago Building Permit be issued and that drawings of such changes must be submitted to the City of Chicago A. Except for the issuance of the Building Permit, Tenant will provide Landlord with notice of such changes and supply Landlord with a copy of the drawings for such changes and the Building Permit. Notwithstanding anything to the contrary contained herein, Landlord's approval is not required for any changes pursuant Work to this Paragraph 9A(i).
(ii) If the change involves any work which: (1) involves a penetration or other alteration of the structural components of the Buildingbe constructed in accordance with Exhibit B attached hereto, including, but not limited to, floor slabs (other than electrical outlets), load bearing walls or columns or demising walls, or (2) alters a primary Building system which serves other premises within the Building (collectively, "Structural Changes"), then Tenant shall, at least thirty (30) days prior to commencing any Structural Changes, notify Landlord of the nature and extent of such change and shall also submit reasonably detailed plans and specifications with such notice showing all the planned changes. Tenant shall not make any Structural Change alterations, improvements or additions to the Leased Premises without the prior written consent of Landlord's prior consent, which consent as to nonstructural, nonmechanical or nonelectrical alterations, improvements or additions shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the preceding sentence, Landlord's consent shall not be required for nonstructural, nonmechanical and nonelectrical alterations, improvements or additions, the total, aggregate cost of which is less than $2,500. If Landlord consents to said alterations, improvements or additions, it may impose reasonable such conditions with respect to Structural Changesthereto as Landlord deems appropriate, in its reasonable discretion, including, without limitation, requiring Tenant to furnish Landlord with an itemization and security for the performance of the work and payment of all costs to be incurred in connection with such changes, work; insurance against liabilities which may arise out of such Structural Changes, work; plans and specifications plus specifications, and all permits necessary for such changes and Landlord may require that all contractors and subcontractors be approved in advance by Landlord, which approval shall not be unreasonably withheldwork. The work necessary to make any Structural Changes alterations, improvements or additions to the Leased Premises other than the Landlord's Work, whether prior to or subsequent to the Commencement Date, shall be done at Tenant's expense and shall be performed by employees of Landlord or contractors hired by Landlord except to the extent Landlord gives its prior written consent to Tenant's hiring its own contractors. Landlord may condition its consent to Tenant hiring its own contractors, on Tenant delivering to Landlord, prior to commencement of such work, copies of all contracts entered into with respect thereto and all other documents and information reasonably requested by Landlord. It is understood and agreed that, in the event Landlord shall give its written consent to the making of any alterations, improvements or additions to the Leased Premises, such written consent shall not be deemed to be an agreement or consent by Landlord to subject its interest in the Property to any mechanics' or materialmen's liens which may be filed in connection therewith. Tenant shall promptly pay to Landlord or Tenant's contractors, as the case may be, when due, the cost of all such work. If Landlord or Landlord's designee performs such work, Tenant shall also pay to Landlord a percentage of the cost of such work [such percentage to be established by Landlord from time to time on a uniform basis for the Building, but such percentage shall not exceed ten percent (10%)] sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses arising from the supervision of such work by Landlord or Landlord's reasonable and actual costs in reviewing and approving designee with such work done by Tenant's contractorspromptly upon being billed for same. Upon completion of such work any repair, replacement, alteration, improvement or addition performed by Tenant, or its contractors and subcontractors, Tenant shall deliver to Landlord, if payment is made by Tenant directly to its contractors, evidence of payment, payment and contractors' and subcontractors' affidavits and full and final waivers of all liens for labor, services or materials materials, all in form reasonably and substance satisfactory to Landlord, from each contractor, subcontractor, supplier and other person or entity that may be entitled to a lien due to such repair, replacement, alteration, improvement or addition. To the extent Landlord or a contractor engaged by Landlord does not perform the work, Tenant shall indemnify, defend and hold Landlord and the Land Property harmless from, and Building harmless from shall pay, all liabilities, claims, judgments, costs, damages, liens and expenses related to changes made any repair, replacement, alteration, addition or improvement performed by Tenant Tenant, or its contractorscontractors and subcontractors, including all reasonable attorneys' fees and legal costs, and relating Tenant shall require each of its contractors in each of its contracts to non- payment by so defend and indemnify Landlord; provided, however, Tenant of shall not indemnify, defend and hold Landlord harmless from the reasonable cost of such changesany repairs and/or replacements which Landlord is obligated to make under Paragraph 8 hereof. All work done by Tenant or its contractors pursuant to Paragraphs 8 or 9 hereof shall be done in a first-class workmanlike manner using only good the highest grades of materials, which shall be at least comparable in quality to Building Standard materials at the time of such work, and shall comply with all insurance requirements and all applicable laws laws, ordinances, rules, regulations and ordinances orders of all courts and rules other tribunals, governmental and regulations of quasi-governmental departments or and agencies. In hiring such contractors, Any work undertaken by Tenant will shall be performed by labor which is not knowingly take any action which will directly result incompatible with the labor employed in picketing of the Building or the concerted withholding of services by any employees of Landlord or Landlord's beneficiary and should any such action occur Tenant will take any reasonable steps available to bring such action to an end.
B. All changesUnless Tenant notifies Landlord prior to the construction of any alteration, improvement or addition (other than Landlord's Work) that Tenant shall remove the same upon termination of this Lease and provides adequate assurance (including a reasonable amount of security) to Landlord, in Landlord's reasonable discretion, that any damage to the Leased Premises upon such removal shall be promptly repaired or restored by Tenant, at its sole cost, all alterations, improvements and additions to the Leased Premises, whether temporary (to the extent then existing) 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. otherwise and shall, unless Landlord requests their removal (in which case Tenant shall remove the same as provided in Paragraph 17 hereof), be relinquished to Landlord in good order, repair and condition, except for ordinary wear and tear and repairs and/or replacements which Tenant is not obligated to make pursuant to this Lease. At the time Tenant requests in writing that Landlord consent to any Structural Changes and restore the Premises alterations, improvements or additions, Tenant may request in writing that Landlord elect whether or not it will request their removal. if such election is so requested by Tenant, Landlord agrees to their condition existing prior to make such Structural Changes on or before the termination of this Lease if Landlord notified Tenant election in writing at the time Landlord approved the making of such Structural Changes that Landlord required such removal. Except for the aforementioned limited obligation of Tenant to remove certain Structural Changes, upon termination of this Lease, Tenant shall have no obligation to remove it gives any changes and to restore the Premises to their condition prior written consent to such changesalterations, improvements or additions. Landlord's election with respect to any particular items shall not bind Landlord as to any other items that are not expressly covered by such election.
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Samples: Office Lease (Hagler Bailly Inc)
