Common use of ADDITIONS AND FIXTURES Clause in Contracts

ADDITIONS AND FIXTURES. Section 10.01. With the exception of interior, non-structural alterations, Tenant will make no alterations or additions to the Leased Premises without the prior written consent of Landlord. At such time as Tenant requests such written consent of Landlord, Tenant shall submit plans and specifications for such alterations or additions to Landlord. Tenant is solely responsible for compliance with all municipal, State and Federal rules, regulations, and laws which govern Tenant’s construction and occupancy of the Leased Premises. Landlord’s approval of Tenant’s plans and specifications is to satisfy a condition precedent to the commencement of Tenant’s construction, and should not be relied upon by Tenant as a representation or warranty by Landlord of any kind or nature, expressed or implied, all of which are hereby disclaimed. Landlord makes no representation or warranty that Tenant’s proposed construction is structurally sound, is in compliance with the above-mentioned rules, regulations, or laws, or is sufficient to obtain all required permits. Section 10.02. Tenant shall remove only “Removable Trade Fixtures”, as hereinafter defined (excluding all components of the HVAC system, pipes, paneling or other wall covering or floor covering), and, in addition to other applicable provisions of this Lease regarding such removal, the following shall apply: (1) such removal must be made prior to the termination of the term of this Lease; (2) Tenant must not be in default of any obligation or covenant under this Lease beyond any applicable notice and cure period at the time of such removal; and (3) such removal must be effected without damage to the Leased Premises or the building of which the Leased Premises are a part and Tenant must promptly repair all damage caused by such removal. For the purposes hereof, the phrase “Removable Trade Fixtures” means the following: all of Tenant’s signs (excluding fascia signs), tables, chairs, desks, furniture, furnishings, artwork, racks, merchandisers and displayers, standards, wall brackets, hang-rods, shelves, mirrors, tools, equipment, all fixtures and other items bearing any of Tenant’s trademarks, servicemarks or tradenames cash registers, computers and servers and related hardware and other business machines., and emergency generators and related tanks and equipment. If, by the termination of this Lease, Tenant fails to remove any Removable Trade Fixtures or all alterations, additions, fixtures, equipment and property which Landlord has requested that Tenant remove or Tenant fails to repair any damage caused by its removal, then Landlord shall have the right (but not the obligation) to remove such Removable Trade Fixtures and/or other alterations, additions, fixtures, equipment or property or repair any such damage caused by the removal thereof and thereupon Tenant will, on demand pay to Landlord the reasonable cost of such removal, transportation and storage on any Removable Trade Fixtures (or any other alterations, additions, fixtures, equipment and property installed or placed by Tenant in the Leased Premises which Tenant may be required to remove under this Lease), and the cost of repairing any such damage caused by the removal thereof together with interest on all such sums at the highest lawful rate. All plumbing or electrical wiring connections exposed as a result of the removal of Tenant’s Removable Trade Fixtures, or any other alterations, additions, fixtures, equipment and property installed or placed by it in the Leased Premises which Tenant is required to remove under this Lease, shall be capped by Tenant in a safe and workmanlike manner. Notwithstanding the foregoing or any other provision of this Lease to the contrary, however, Tenant shall not be obligated to remove any alterations or additions to the Leased Premises which were made as part of the initial tenant improvements to the Leased Premises, or which were made to the Leased Premises subsequent to the initial tenant improvements to the Leased Premises, in accordance with this Lease.” Section 10.03. Tenant shall pay the full amount of all taxes, assessments, impositions, levies, charges, excises, fees, licenses and other sums levied, assessed, charged or imposed by any governmental authority or other taxing authority upon Tenant’s leasehold interest under this Lease and all alterations, additions, fixtures (including Removable Trade Fixtures), inventory and other property installed or placed or permitted at the Leased Premises by Tenant. Within thirty (30) days after notice from Landlord, Tenant shall furnish Landlord a true copy of receipts evidencing such payment received by Tenant from the governmental authority or other taxing authority assessing such charges.

Appears in 1 contract

Samples: Commercial Lease Agreement (Francesca's Holdings CORP)

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ADDITIONS AND FIXTURES. Section 10.0110.1. With the exception of interior, non-structural alterations, Tenant will make no alterations or additions to the Leased Premises without the prior written consent of Landlord. At such time as Tenant requests such written consent of Landlord, Tenant shall submit to Landlord plans and specifications in a form acceptable to Landlord for such alterations or additions to Landlord. Tenant is solely responsible for compliance with all municipal, State and Federal rules, regulations, and laws which govern Tenant’s construction and occupancy of the Leased Premises. Landlord’s approval of Tenant’s plans and specifications is to satisfy a condition precedent to the commencement of Tenant’s construction, and should not be relied upon by Tenant as a representation or warranty by Landlord of any kind or nature, expressed or implied, all of which are hereby disclaimed. Landlord makes no representation or warranty that Tenant’s proposed construction is structurally sound, is in compliance with the above-mentioned rules, regulations, or laws, or is sufficient to obtain all required permitsadditions. Section 10.0210.2. Subject to the lien and security interest and other rights of Landlord referred to in Article XV, Tenant shall remove only “Removable Trade Fixtures”, as hereinafter defined defined, (excluding all components of the HVAC system, pipes, paneling or other wall covering or floor covering), and, in addition to other applicable provisions of this Lease regarding such removal, the following shall apply: (1) such removal must be made prior to the termination of this Lease however and whenever brought about or the term termination of this LeaseTenant’s right to possession of the Leased Premises; (2) Tenant must not be in default of any obligation or covenant under this Lease beyond any applicable notice and cure period at the time of such removal; and (3) such removal must be effected without damage to the Leased Premises or the building of which the Leased Premises are a part and Tenant must promptly repair all damage caused by such removal. For the purposes purpose hereof, the phrase “Removable Trade Fixtures” means the following: all of Tenant’s signs (excluding fascia signs), counters, tables, chairs, desks, furniture, furnishings, artwork, racks, merchandisers and displayers, standards, wall brackets, hanghand-rods, shelves, mirrors, tools, marking equipment, all fixtures and other items bearing any of Tenant’s trademarks, servicemarks or tradenames cash registers, computers and servers and related hardware and other business machines., and emergency generators and related tanks and equipment. If, by the termination of this Lease, Tenant fails to remove any Removable Trade Fixtures or all alterations, additions, fixtures, equipment and property which Landlord has requested that Tenant remove or Tenant fails to repair any damage caused by its removal, then Landlord shall have the right (but not the obligation) to remove such Removable Trade Fixtures and/or other alterations, additions, fixtures, equipment or property or repair any such damage caused by the removal thereof and thereupon Tenant will, on demand pay to Landlord the reasonable cost of such removal, transportation and storage on any Removable Trade Fixtures (or any other alterations, additions, fixtures, equipment and property installed or placed by Tenant in the Leased Premises which Tenant may be required to remove under this Lease), and the cost of repairing any such damage caused by the removal thereof together with interest on all such sums at the highest lawful rate. All plumbing or electrical wiring connections exposed as a result of the removal of Tenant’s Removable Trade Fixtures, or any other alterations, additions, fixtures, equipment and or property installed or placed by it Tenant in the Leased Premises which Tenant (if such removal is required to remove under this Lease, so requested by Landlord) shall be capped by Tenant in a safe and workmanlike manner. Notwithstanding the foregoing or any other provision of this Lease to the contrary, however, Tenant shall not be obligated to remove any alterations or additions to the Leased Premises which were made as part of the initial tenant improvements to the Leased Premises, or which were made to the Leased Premises subsequent to the initial tenant improvements to the Leased Premises, in accordance with this Lease.” Section 10.03. Tenant shall pay the full amount of all taxes, assessments, impositions, levies, charges, excises, fees, licenses and other sums levied, assessed, charged or imposed by any governmental authority or other taxing authority upon Tenant’s leasehold interest under this Lease and all alterations, additions, fixtures (including Removable Trade Fixtures), inventory and other property installed or placed or permitted at the Leased Premises by Tenant. Within thirty (30) days after notice from Landlord, Tenant shall furnish Landlord a true copy of receipts evidencing such payment received by Tenant from the governmental authority or other taxing authority assessing such charges.

Appears in 1 contract

Samples: Lease Agreement (Chicago Pizza & Brewery Inc)

ADDITIONS AND FIXTURES. Section 10.01. With the exception of interior, non-structural alterations, A. Tenant will make no alterations non-structural alteration, change, improvement, repair, replacement or additions addition to the Leased Premises without the prior written consent of LandlordLandlord which consent shall not be unreasonably withheld, conditioned or delayed. At If such time as Tenant requests such prior written consent of LandlordLandlord is granted, Tenant the work in such connection shall submit plans be at Tenant's expense but by workmen of Landlord or by workmen and specifications for such alterations or additions contractors approved in advance in writing by Landlord and in a manner and upon terms and conditions and at times satisfactory to and approved in advance in writing by Landlord. Tenant is solely responsible for compliance with all municipal, State shall use best efforts to cause its contractors and Federal rules, regulationslaborers to cooperate with, and laws which govern Tenant’s construction to not unduly interfere with the work of, Landlord, Landlord's contractors and occupancy of laborers and any other Building tenant's contractors and laborers in connection with work being done by such person in the Leased Premises. Landlord’s approval of Tenant’s plans Building. B. Tenant may remove its trade fixtures, supplies and specifications is to satisfy a condition precedent movable office furniture and equipment not attached to the commencement of Tenant’s construction, and should not be relied upon by Tenant as a representation or warranty by Landlord of any kind or nature, expressed or implied, all of which are hereby disclaimed. Landlord makes no representation or warranty that Tenant’s proposed construction is structurally sound, is in compliance with the above-mentioned rules, regulations, or laws, or is sufficient to obtain all required permits. Section 10.02. Tenant shall remove only “Removable Trade Fixtures”, as hereinafter defined (excluding all components of the HVAC system, pipes, paneling or other wall covering or floor covering), and, in addition to other applicable provisions of this Lease regarding such removal, the following shall apply: Building provided (1) such removal must be is made prior to the termination of the term of this Lease; Lease (including any renewal thereof), (2) Tenant must not be in default no Event of any obligation or covenant under this Lease beyond any applicable notice Default has occurred and cure period is then continuing at the time of such removal; , and (3) such removal must be effected without damage to the Leased Premises or the building of which the Leased Premises are a part and Tenant must promptly repair repairs all damage caused by such removal. For All other property at the purposes hereofLeased Premises and any alteration or addition to the Leased Premises (including wall-to-wall carpeting, paneling or other wall covering) and any other article attached or affixed to the phrase “Removable Trade Fixtures” means the following: all of Tenant’s signs (excluding fascia signs), tables, chairs, desks, furniture, furnishings, artwork, racks, merchandisers and displayers, standardsfloor, wall bracketsor ceiling of the Leased Premises ("Fixed Leasehold Improvements") shall immediately upon such attaching become the property of Landlord and shall be surrendered to Landlord in its original condition, hang-rodsexcepting only ordinary wear and tear and damage arising from any cause not required to be repaired by Tenant, shelveswith the Leased Premises as part thereof, mirrors, tools, equipment, all fixtures and other items bearing any of Tenant’s trademarks, servicemarks or tradenames cash registers, computers and servers and related hardware and other business machines., and emergency generators and related tanks and equipment. If, by at the termination of this Lease, Tenant fails hereby waiving all rights to remove any Removable Trade Fixtures payment or all alterations, additions, fixtures, equipment and property which Landlord has requested that Tenant remove or Tenant fails to repair any damage caused by its removal, then Landlord shall have compensation therefor. Notwithstanding the right (but not the obligation) to remove such Removable Trade Fixtures and/or other alterations, additions, fixtures, equipment or property or repair any such damage caused by the removal thereof and thereupon aforementioned Tenant will, on demand pay prior to Landlord the reasonable cost termination of such removal, transportation and storage on any Removable Trade Fixtures (or any other alterations, additions, fixtures, equipment and property installed or placed by Tenant in the Leased Premises which Tenant may be required to remove under this Lease), remove any and the cost of repairing any such damage caused by the removal thereof together with interest on all such sums at the highest lawful rate. All plumbing or electrical wiring connections exposed as a result of the removal of Tenant’s Removable Trade Fixtures, or any other alterations, additions, fixtures, equipment and property installed or placed by it in the Leased Premises which Fixed Leasehold Improvements that Tenant is required to remove under this Lease, shall be capped by Tenant in a safe and workmanlike manner. Notwithstanding the foregoing or any other provision of this Lease pursuant to the contrary, however, Tenant shall not be obligated to remove any alterations or additions to the Leased Premises which were made as part of the initial tenant improvements to the Leased Premises, or which were made to the Leased Premises subsequent to the initial tenant improvements to the Leased Premises, in accordance with this Lease.” Section 10.03. Tenant shall pay the full amount of all taxes, assessments, impositions, levies, charges, excises, fees, licenses and other sums levied, assessed, charged or imposed by any governmental authority or other taxing authority upon Tenant’s leasehold interest under this Lease and all alterations, additions, fixtures (including Removable Trade Fixtures), inventory and other any damage caused by such removal will be repaired as provided for in Paragraph 9. herein. C. If any property installed or placed or permitted not belonging to Landlord remains at the Leased Premises by after the expiration of the term of this Lease, Tenant hereby authorizes Landlord to make such disposition of such property as Landlord may desire without liability for compensation or damages to Tenant. Within thirty IN THE EVENT THAT SUCH PROPERTY IS THE PROPERTY OF SOMEONE OTHER THAN TENANT, TENANT AGREES TO INDEMNIFY AND HOLD LANDLORD HARMLESS FROM ALL SUITS, ACTIONS, LIABILITY, LOSS, DAMAGES, AND EXPENSES IN CONNECTION WITH OR INCIDENT TO ANY REMOVAL, EXERCISE OR DOMINION OVER AND/OR DISPOSITION OF SUCH PROPERTY BY LANDLORD. D. Tenant shall have no authority to create nor shall it allow or permit the creation of any liens for labor or material on or against the Leased Premises or the Property, or any part thereof, and all persons either contracting with Tenant or furnishing and/or rendering labor and/or materials to Tenant, shall be notified in writing by Tenant that they must look only to Tenant to secure the payment of such labor or materials. Should any mechanics', materialmen or other lien be filed against the Leased Premises or the Building, or any part thereof, for any reason whatsoever relating to the furnishing of labor or materials as aforesaid, Tenant shall cause the same to be cancelled and discharged of record by statutory bond or otherwise within ten (3010) days after notice from and demand for such cancellation and discharge by Landlord. In the event any lien continues undischarged after such ten (10) day period, Tenant Landlord shall furnish Landlord a true copy of receipts evidencing such payment received by Tenant from have the governmental authority right, at its sole election and discretion without any obligation, to pay the same or other taxing authority assessing such chargesany portion thereof without inquiry as to the validity thereof, and any amount so paid, including all costs and expenses, shall be deemed additional rent under the Lease and shall be due and payable on demand. FURTHERMORE, TENANT SHALL DEFEND, INDEMNIFY AND SAVE HARMLESS LANDLORD, AMERICAN INTERNATIONAL GROUP, INC. AND ITS SUBSIDIARIES, AFFILIATES AND AGENTS FROM AND AGAINST CLAIMS AND FROM AND AGAINST ANY AND ALL CONTRACTORS', LABORERS, MATERIALMEN'S AND MECHANICS' LIENS IN CONNECTION WITH OR ARISING OUT OF, OR BASED ON THE FURNISHING AND/OR RENDERING OF LABOR AND/OR MATERIALS TO TENANT IN CONNECTION WITH THE LEASED PREMISES, THE BUILDING OR ANY PART THEREOF BY ANY OF TENANT'S CONTRACTORS AND THEIR SUBCONTRACTORS OF EVERY TIER.

Appears in 1 contract

Samples: Lease Agreement (Copano Energy, L.L.C.)

ADDITIONS AND FIXTURES. Section SECTION 10.01. With the exception of interior, non-structural alterations, Tenant will make no exterior or structural alterations or additions to the Leased Premises without the prior written consent of Landlord. Except for Tenant's initial construction, if any, which shall be governed by the Construction Rider attached hereto, Tenant shall be permitted to make interior, non-structural alterations or additions to the Leased Premises without Landlord's prior approval provided that such alterations cost $10,000.00 or less per occurrence. At such time as Tenant requests such written consent of Landlord, Tenant shall submit plans and specifications for such alterations or additions to Landlord. Tenant is solely responsible for compliance with all municipal, State and Federal rules, regulations, and laws which govern Tenant’s 's construction and occupancy of the Leased Premises. Landlord’s 's approval of Tenant’s 's plans and specifications is to satisfy a condition precedent to the commencement of Tenant’s 's construction, and should not be relied upon by Tenant as a representation or warranty by Landlord of any kind or nature, expressed or implied, all of which are hereby disclaimed. Landlord makes no representation or warranty that Tenant’s 's proposed construction is structurally sound, is in compliance with the above-mentioned rules, regulations, or laws, or is sufficient to obtain all required permits. Section SECTION 10.02. Subject to the rights of Landlord referred to in Article XV, Tenant shall remove only "Removable Trade Fixtures", as hereinafter defined defined, (excluding all components of the HVAC system, pipes, paneling or other wall covering or floor covering), and, in addition to other applicable provisions of this Lease regarding such removal, the following shall apply: (1) such removal must be made prior to on or before the termination of the term of this Lease; (2) Tenant must not be in default of any obligation or covenant under this Lease beyond any applicable notice and cure period at the time of such removalTermination Date; and (32) such removal must be effected without permanent damage to the Leased Premises or the building of which the Leased Premises are a part and Tenant must promptly repair all damage caused by such removal. For the purposes hereof, the phrase "Removable Trade Fixtures" means the following: all of Tenant’s signs (excluding fascia signs), tables, chairs, desks's signage and any trademarked items, furniture, furnishings, artwork, racks, merchandisers tools and displayers, standards, wall brackets, hang-rods, shelves, mirrors, tools, equipment, all fixtures including safety and other items bearing any of Tenant’s trademarksmetering equipment, servicemarks or tradenames cash registerscomputer equipment, computers telephone and servers and related hardware communications equipment, and other business machines., documentation, process and emergency generators and related tanks and equipment. If, by the termination of this Lease, Tenant fails to remove any Removable Trade Fixtures or all alterations, additions, fixtures, equipment and property which Landlord has requested that Tenant remove or Tenant fails to repair any damage caused by its removal, then Landlord shall have the right (but not the obligation) to remove such Removable Trade Fixtures and/or other alterations, additions, fixtures, equipment or property or repair any such damage caused by the removal thereof and thereupon Tenant will, on demand pay to Landlord the reasonable cost of such removal, transportation and storage on any Removable Trade Fixtures (or any other alterations, additions, fixtures, equipment and property installed or placed by Tenant in the Leased Premises which Tenant may be required to remove under this Lease), and the cost of repairing any such damage caused by the removal thereof together with interest on all such sums at the highest lawful rateoperational materials. All plumbing or electrical wiring connections exposed as a result of the removal of Tenant’s 's Removable Trade Fixtures, or any other alterations, additions, fixtures, equipment and property installed or placed by it in the Leased Premises which Tenant (if such removal is required to remove under this Lease, so requested by Landlord) shall be capped by Tenant in a safe and workmanlike manner. Notwithstanding the foregoing or any other provision of this Lease to the contrary, however, Tenant shall not be obligated to remove any alterations or additions to the Leased Premises which were made as part of the initial tenant improvements to the Leased Premises, or which were made to the Leased Premises subsequent to the initial tenant improvements to the Leased Premises, in accordance with this Lease.” Section 10.03. Tenant shall pay the full amount of all taxes, assessments, impositions, levies, charges, excises, fees, licenses and other sums levied, assessed, charged or imposed by any governmental authority or other taxing authority upon Tenant’s leasehold interest under this Lease and all alterations, additions, fixtures (including Removable Trade Fixtures), inventory and other property installed or placed or permitted at the Leased Premises by Tenant. Within thirty (30) days after notice from Landlord, Tenant shall furnish Landlord a true copy of receipts evidencing such payment received by Tenant from the governmental authority or other taxing authority assessing such charges.

Appears in 1 contract

Samples: Lease Contract (Midnight Holdings Group Inc)

ADDITIONS AND FIXTURES. Section 10.01. With the exception of interior, non-structural alterations, A. Tenant will make no alterations alteration, change, improvement, repair, replacement or additions physical addition in or to the Leased Premises without the prior written consent of Landlord. At If such time as Tenant requests such prior written consent of Landlord is granted, the work in such connection shall be at Tenant's expense but by workmen of Landlord or by workmen and contractors approved in advance in writing by Landlord and in a manner and upon terms and conditions and at times satisfactory to and approved in advance in writing by Landlord. In any instance where Landlord grants such consent, Landlord may grant such consent contingent and conditioned upon Tenant's contractors, laborers, materialmen and others furnishing labor or materials for Tenant's job working in harmony and not interfering with any labor utilized by Landlord, Tenant shall submit plans Landlord's contractors or mechanics or by any other tenant or such other tenant's contractors or mechanics; and specifications for if at any time such alterations or additions to Landlord. Tenant is solely responsible for compliance with all municipal, State and Federal rules, regulations, and laws which govern Tenant’s construction and occupancy of the Leased Premises. Landlord’s approval of Tenant’s plans and specifications is to satisfy a condition precedent to the commencement of Tenant’s construction, and should not be relied upon entry by Tenant as a representation or warranty by Landlord of any kind or nature, expressed or implied, all of which are hereby disclaimed. Landlord makes no representation or warranty that Tenant’s proposed construction is structurally sound, is in compliance with the above-mentioned rules, regulations, or laws, or is sufficient to obtain all required permits. Section 10.02. Tenant shall remove only “Removable Trade Fixtures”, as hereinafter defined (excluding all components of the HVAC system, pipes, paneling or other wall covering or floor covering), and, in addition to other applicable provisions of this Lease regarding such removal, the following shall apply: one (1) or more persons furnishing labor or materials for Tenant's work shall cause disharmony or interference for any reason whatsoever without regard to fault, the consent granted by Landlord to Tenant may be withdrawn at any time upon written notice to Tenant. B. Tenant, if Tenant so elects, may remove Tenant's trade fixtures, office supplies and movable office furniture and equipment not attached to the Building provided (i) such removal must be is made prior to the termination expiration of the term Term of this Lease; , (2ii) Tenant must is not be in default of any obligation or covenant under this Lease beyond any applicable notice and cure period at the time of such removal; , and (3iii) such removal must be effected without damage to the Leased Premises or the building of which the Leased Premises are a part and Tenant must promptly repair repairs all damage caused by such removal. For All other property at the purposes hereofLeased Premises and any alteration or addition to the Leased Premises (including wall-to-wall carpeting, paneling or other wall covering) and any other article attached or affixed to the phrase “Removable Trade Fixtures” means the following: all of Tenant’s signs (excluding fascia signs), tables, chairs, desks, furniture, furnishings, artwork, racks, merchandisers and displayers, standardsfloor, wall bracketsor ceiling of the Leased Premises shall become the property of Landlord shall be in good condition, hang-rods, shelves, mirrors, tools, equipment, all fixtures normal wear and other items bearing any of Tenant’s trademarks, servicemarks or tradenames cash registers, computers and servers and related hardware and other business machines.tear excepted, and emergency generators shall remain upon and related tanks and equipmentbe surrendered with the Leased Premises as part thereof at the expiration of the Term of this Lease, Tenant hereby waiving all rights to any payment or compensation therefor. If, by however, Landlord so requests in writing, Tenant will, prior to the termination of this Lease, Tenant fails to remove in a good and workmanlike manner any Removable Trade Fixtures or and all alterations, additions, fixtures, equipment and property which Landlord has requested that Tenant remove placed or Tenant fails to repair any damage caused by its removal, then Landlord shall have the right (but not the obligation) to remove such Removable Trade Fixtures and/or other alterations, additions, fixtures, equipment or property or repair any such damage caused by the removal thereof and thereupon Tenant will, on demand pay to Landlord the reasonable cost of such removal, transportation and storage on any Removable Trade Fixtures (or any other alterations, additions, fixtures, equipment and property installed or placed by Tenant in the Leased Premises which Tenant may be required to remove under this Lease), and the cost of repairing will repair any damage occasioned by such damage caused by the removal thereof together with interest on all such sums at the highest lawful rate. All plumbing or electrical wiring connections exposed as a result of the removal of Tenant’s Removable Trade Fixtures, or any other alterations, additions, fixtures, equipment and property installed or placed by it in the Leased Premises which Tenant is required to remove under this Lease, shall be capped by Tenant in a safe and workmanlike manner. Notwithstanding the foregoing or any other provision of this Lease to the contrary, however, Tenant shall not be obligated to remove any alterations or additions to the Leased Premises which were made as part of the initial tenant improvements to the Leased Premises, or which were made to the Leased Premises subsequent to the initial tenant improvements to the Leased Premises, in accordance with this Leaseremoval.” Section 10.03. Tenant shall pay the full amount of all taxes, assessments, impositions, levies, charges, excises, fees, licenses and other sums levied, assessed, charged or imposed by any governmental authority or other taxing authority upon Tenant’s leasehold interest under this Lease and all alterations, additions, fixtures (including Removable Trade Fixtures), inventory and other property installed or placed or permitted at the Leased Premises by Tenant. Within thirty (30) days after notice from Landlord, Tenant shall furnish Landlord a true copy of receipts evidencing such payment received by Tenant from the governmental authority or other taxing authority assessing such charges.

Appears in 1 contract

Samples: Office Lease (Windsor Woodmont Black Hawk Resort Corp)

ADDITIONS AND FIXTURES. Section 10.01. With the exception of interior, non-structural alterations, A. Tenant will make no alterations alteration, change, improvement, repair, replacement or additions physical addition in or to the Leased Premises without the prior written consent of LandlordLandlord which consent shall not be unreasonably withheld. At If such time as Tenant requests such prior written consent of Landlord is granted, the work in such connection shall be at Tenant's expense but by workmen of Landlord or by workmen and contractors reasonably approved in advance in writing by Landlord and in a manner and upon terms and conditions and at times satisfactory to and approved in advance in writing by Landlord. In any instance where Landlord grants such consent, Landlord may grant such consent contingent and conditioned upon Tenant's contractors, laborers, materialmen and others furnishing labor or materials for Tenant's job working in harmony and not interfering with any labor utilized by Landlord, Tenant shall submit plans Landlord's contractors or mechanics or by any other tenant or such other tenant's contractors or mechanics; and specifications for if at any time such alterations or additions to Landlord. Tenant is solely responsible for compliance with all municipal, State and Federal rules, regulations, and laws which govern Tenant’s construction and occupancy of the Leased Premises. Landlord’s approval of Tenant’s plans and specifications is to satisfy a condition precedent to the commencement of Tenant’s construction, and should not be relied upon entry by Tenant as a representation or warranty by Landlord of any kind or nature, expressed or implied, all of which are hereby disclaimed. Landlord makes no representation or warranty that Tenant’s proposed construction is structurally sound, is in compliance with the above-mentioned rules, regulations, or laws, or is sufficient to obtain all required permits. Section 10.02. Tenant shall remove only “Removable Trade Fixtures”, as hereinafter defined (excluding all components of the HVAC system, pipes, paneling or other wall covering or floor covering), and, in addition to other applicable provisions of this Lease regarding such removal, the following shall apply: one (1) or more persons furnishing labor or materials for Tenant's work shall cause disharmony or interference for any reason whatsoever without regard to fault, the consent granted by Landlord to Tenant may be withdrawn at any time upon written notice to Tenant. B. Tenant, if Tenant so elects, may remove Tenant's trade fixtures, office supplies and movable office furniture and equipment not attached to the Building provided (i) such removal must be is made prior to the termination expiration of the term Term of this Lease; , (2ii) Tenant must is not be in default of any obligation or covenant under this Lease beyond any applicable notice and cure period at the time of such removal; , and (3iii) such removal must be effected without damage to the Leased Premises or the building of which the Leased Premises are a part and Tenant must promptly repair repairs all damage caused by such removal. For All other property at the purposes hereofLeased Premises and any alteration or addition to the Leased Premises (including wall-to-wall carpeting, paneling or other wall covering) and any other article attached or affixed to the phrase “Removable Trade Fixtures” means the following: all of Tenant’s signs (excluding fascia signs), tables, chairs, desks, furniture, furnishings, artwork, racks, merchandisers and displayers, standardsfloor, wall bracketsor ceiling of the Leased Premises shall become the property of Landlord shall be in good condition, hang-rods, shelves, mirrors, tools, equipment, all fixtures normal wear and other items bearing any of Tenant’s trademarks, servicemarks or tradenames cash registers, computers and servers and related hardware and other business machines.tear excepted, and emergency generators shall remain upon and related tanks and equipmentbe surrendered with the Leased Premises as part thereof at the expiration of the Term of this Lease, Tenant hereby waiving all rights to any payment or compensation therefor. If, by however, Landlord so requests in writing, Tenant will, prior to the termination of this Lease, Tenant fails to remove in a good and workmanlike manner any Removable Trade Fixtures or and all alterations, additions, fixtures, equipment and property which Landlord has requested that Tenant remove placed or Tenant fails to repair any damage caused by its removal, then Landlord shall have the right (but not the obligation) to remove such Removable Trade Fixtures and/or other alterations, additions, fixtures, equipment or property or repair any such damage caused by the removal thereof and thereupon Tenant will, on demand pay to Landlord the reasonable cost of such removal, transportation and storage on any Removable Trade Fixtures (or any other alterations, additions, fixtures, equipment and property installed or placed by Tenant in the Leased Premises which Tenant may be required to remove under this Lease), and the cost of repairing will repair any damage occasioned by such damage caused by the removal thereof together with interest on all such sums at the highest lawful rate. All plumbing or electrical wiring connections exposed as a result of the removal of Tenant’s Removable Trade Fixtures, or any other alterations, additions, fixtures, equipment and property installed or placed by it in the Leased Premises which Tenant is required to remove under this Lease, shall be capped by Tenant in a safe and workmanlike manner. Notwithstanding the foregoing or any other provision of this Lease to the contrary, however, Tenant shall not be obligated to remove any alterations or additions to the Leased Premises which were made as part of the initial tenant improvements to the Leased Premises, or which were made to the Leased Premises subsequent to the initial tenant improvements to the Leased Premises, in accordance with this Leaseremoval.” Section 10.03. Tenant shall pay the full amount of all taxes, assessments, impositions, levies, charges, excises, fees, licenses and other sums levied, assessed, charged or imposed by any governmental authority or other taxing authority upon Tenant’s leasehold interest under this Lease and all alterations, additions, fixtures (including Removable Trade Fixtures), inventory and other property installed or placed or permitted at the Leased Premises by Tenant. Within thirty (30) days after notice from Landlord, Tenant shall furnish Landlord a true copy of receipts evidencing such payment received by Tenant from the governmental authority or other taxing authority assessing such charges.

Appears in 1 contract

Samples: Office Lease Agreement (Communication Telesystems International)

ADDITIONS AND FIXTURES. Section 10.01. With the exception of interior, non-structural alterations, Tenant (i) TENANT will make no alterations alteration, change, improvement, repair, replacement or additions addition to the Leased Premises without the prior written consent of LandlordLANDLORD. At If LANDLORD grants such time as Tenant requests such prior written consent consent, the work shall be at TENANT's expense but by workmen of Landlord, Tenant shall submit plans LANDLORD or workmen and specifications for such alterations or additions to Landlord. Tenant is solely responsible for compliance with all municipal, State and Federal rules, regulationscontractors approved in advance in writing by LANDLORD, and laws which govern Tenant’s construction in a manner and occupancy of upon terms and conditions and at times satisfactory to and approved in advance in writing by LANDLORD including, but not limited to, such contractor performing work on the Leased Premises. Landlord’s approval of Tenant’s plans Premises to carry and specifications is maintain, at no expense to satisfy a condition precedent LANDLORD, non-deductible commercial general liability insurance, including but not limited to, contractor's liability coverage, contractual liability coverage, completed operations coverage, workmen's compensation insurance, broad form property damage endorsement and contractor's protection liability coverage in such amounts and with such companies as LANDLORD shall approve. (ii) TENANT may remove its trade fixtures, office supplies and movable office furniture and equipment not permanently attached to the commencement of Tenant’s constructionBuilding, other than fixtures or equipment furnished and should not be relied upon purchased by Tenant as a representation or warranty by Landlord of any kind or natureLANDLORD, expressed or implied, all of which are hereby disclaimed. Landlord makes no representation or warranty that Tenant’s proposed construction is structurally sound, is in compliance with the above-mentioned rules, regulations, or laws, or is sufficient to obtain all required permits. Section 10.02. Tenant shall remove only “Removable Trade Fixtures”, as hereinafter defined provided (excluding all components of the HVAC system, pipes, paneling or other wall covering or floor covering), and, in addition to other applicable provisions of this Lease regarding such removal, the following shall apply: (1a) such removal must be is made prior to the termination of the term of this Lease; (2) Tenant must not be in default of any obligation or covenant under this Lease beyond any applicable notice and cure period at the time of such removalTerm; and (3b) such removal must be effected without damage to the Leased Premises or the building of which the Leased Premises are a part and Tenant must TENANT promptly repair repairs all damage caused by such removal. For All other property at the purposes hereofPremises and any alteration or addition to the Premises (including wall-to-wall carpeting, paneling or other wall covering) and any other article attached or affixed to the phrase “Removable Trade Fixtures” means the following: all of Tenant’s signs (excluding fascia signs), tables, chairs, desks, furniture, furnishings, artwork, racks, merchandisers and displayers, standardsfloor, wall brackets, hang-rods, shelves, mirrors, tools, equipment, all fixtures and other items bearing or ceiling of the Premises (any of Tenant’s trademarks, servicemarks or tradenames cash registers, computers which as stated above shall require LANDLORD's prior written consent) shall become the property of LANDLORD and servers shall remain upon and related hardware and other business machines., and emergency generators and related tanks and equipment. If, by be surrendered with the Premises as part thereof at the termination of this Lease, Tenant fails and TENANT hereby waives all rights to any payment or compensation therefor. Upon written request from the LANDLORD, TENANT will, prior to termination of this Lease, remove any Removable Trade Fixtures or and all alterations, additions, fixtures, equipment and property which Landlord has requested that Tenant remove placed or Tenant fails to installed by it or at its request in the Premises and will repair any damage caused by its removal, then Landlord shall have the right (but not the obligation) to remove such Removable Trade Fixtures and/or other alterations, additions, fixtures, equipment or property or repair any such damage caused by the removal thereof and thereupon Tenant will, on demand pay to Landlord the reasonable cost of such removal, transportation and storage on any Removable Trade Fixtures (or any other alterations, additions, fixtures, equipment and property installed or placed by Tenant in the Leased Premises which Tenant may be required to remove under this Lease), and the cost of repairing any such damage caused by the removal thereof together with interest on all such sums at the highest lawful rate. All plumbing or electrical wiring connections exposed as a result of the removal of Tenant’s Removable Trade Fixtures, or any other alterations, additions, fixtures, equipment and property installed or placed by it in the Leased Premises which Tenant is required to remove under this Lease, shall be capped by Tenant in a safe and workmanlike manner. Notwithstanding the foregoing or any other provision of this Lease to the contrary, however, Tenant shall not be obligated to remove any alterations or additions to the Leased Premises which were made as part of the initial tenant improvements to the Leased Premises, or which were made to the Leased Premises subsequent to the initial tenant improvements to the Leased Premises, in accordance with this Lease.” Section 10.03. Tenant shall pay the full amount of all taxes, assessments, impositions, levies, charges, excises, fees, licenses and other sums levied, assessed, charged or imposed by any governmental authority or other taxing authority upon Tenant’s leasehold interest under this Lease and all alterations, additions, fixtures (including Removable Trade Fixtures), inventory and other property installed or placed or permitted at the Leased Premises by Tenant. Within thirty (30) days after notice from Landlord, Tenant shall furnish Landlord a true copy of receipts evidencing such payment received by Tenant from the governmental authority or other taxing authority assessing such charges.

Appears in 1 contract

Samples: Lease Agreement (Iasis Healthcare Corp)

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ADDITIONS AND FIXTURES. Section 10.01. With the exception of interior, non-structural alterations, A. Tenant will make no alterations alteration, change, improvement, repair, replacement or additions physical addition in or to the Leased Premises without the prior written consent of Landlord. At If such time as Tenant requests such prior written consent of Landlord is granted, the work in such connection shall be at Tenant’s expense but by workmen of Landlord or by workmen and contractors approved in advance in writing by Landlord and in a manner and upon terms and conditions and at times satisfactory to and approved in advance in writing by Landlord. In any instance where Landlord grants such consent, Landlord may grant such consent contingent and conditioned upon Tenant’s contractors, laborers, materialmen and others furnishing labor or materials for Tenant’s job working in harmony and not interfering with any labor utilized by Landlord, Tenant shall submit plans and specifications for such alterations or additions to Landlord. Tenant is solely responsible for compliance with all municipal, State and Federal rules, regulations, and laws which govern Tenant’s construction and occupancy of the Leased Premises. Landlord’s approval of Tenantcontractors or mechanics or by any other tenant or such other tenant’s plans contractors or mechanics; and specifications is to satisfy a condition precedent to the commencement of Tenant’s construction, and should not be relied upon if at any time such entry by Tenant as a representation or warranty by Landlord of any kind or nature, expressed or implied, all of which are hereby disclaimed. Landlord makes no representation or warranty that Tenant’s proposed construction is structurally sound, is in compliance with the above-mentioned rules, regulations, or laws, or is sufficient to obtain all required permits. Section 10.02. Tenant shall remove only “Removable Trade Fixtures”, as hereinafter defined (excluding all components of the HVAC system, pipes, paneling or other wall covering or floor covering), and, in addition to other applicable provisions of this Lease regarding such removal, the following shall apply: one (1) or more persons furnishing labor or materials for Tenant’s work shall cause disharmony or interference for any reason whatsoever without regard to fault, the consent granted by Landlord to Tenant may be withdrawn at any time upon written notice to Tenant. B. Tenant, if Tenant so elects, may remove Tenant’s trade fixtures, office supplies and movable office furniture and equipment not attached to the Building provided (i) such removal must be is made prior to the termination expiration of the term Term of this Lease; , (2ii) Tenant must is not be in default of any obligation or covenant under this Lease beyond any applicable notice and cure period at the time of such removal; , and (3iii) such removal must be effected without damage to the Leased Premises or the building of which the Leased Premises are a part and Tenant must promptly repair repairs all damage caused by such removal. For All other property at the purposes hereofPremises and any alteration or addition to the Premises (including wall-to-wall carpeting, paneling or other wall covering) and any other article attached or affixed to the phrase “Removable Trade Fixtures” means the following: all of Tenant’s signs (excluding fascia signs), tables, chairs, desks, furniture, furnishings, artwork, racks, merchandisers and displayers, standardsfloor, wall bracketsor ceiling of the Premises shall become the property of Landlord shall be in good condition, hang-rods, shelves, mirrors, tools, equipment, all fixtures normal wear and other items bearing any of Tenant’s trademarks, servicemarks or tradenames cash registers, computers and servers and related hardware and other business machines.tear excepted, and emergency generators shall remain upon and related tanks and equipmentbe surrendered with the Premises as part thereof at the expiration of the Term of this Lease, Tenant hereby waiving all rights to any payment or compensation therefor. If, by however, Landlord so requests in writing, Tenant will, prior to the termination of this Lease, Tenant fails to remove in a good and workmanlike manner any Removable Trade Fixtures or and all alterations, additions, fixtures, equipment and property which Landlord has requested that Tenant remove placed or Tenant fails to repair any damage caused by its removal, then Landlord shall have the right (but not the obligation) to remove such Removable Trade Fixtures and/or other alterations, additions, fixtures, equipment or property or repair any such damage caused by the removal thereof and thereupon Tenant will, on demand pay to Landlord the reasonable cost of such removal, transportation and storage on any Removable Trade Fixtures (or any other alterations, additions, fixtures, equipment and property installed or placed by Tenant in the Leased Premises which Tenant may be required to remove under this Lease), and the cost of repairing will repair any damage occasioned by such damage caused by the removal thereof together with interest on all such sums at the highest lawful rate. All plumbing or electrical wiring connections exposed as a result of the removal of Tenant’s Removable Trade Fixtures, or any other alterations, additions, fixtures, equipment and property installed or placed by it in the Leased Premises which Tenant is required to remove under this Lease, shall be capped by Tenant in a safe and workmanlike manner. Notwithstanding the foregoing or any other provision of this Lease to the contrary, however, Tenant shall not be obligated to remove any alterations or additions to the Leased Premises which were made as part of the initial tenant improvements to the Leased Premises, or which were made to the Leased Premises subsequent to the initial tenant improvements to the Leased Premises, in accordance with this Leaseremoval.” Section 10.03. Tenant shall pay the full amount of all taxes, assessments, impositions, levies, charges, excises, fees, licenses and other sums levied, assessed, charged or imposed by any governmental authority or other taxing authority upon Tenant’s leasehold interest under this Lease and all alterations, additions, fixtures (including Removable Trade Fixtures), inventory and other property installed or placed or permitted at the Leased Premises by Tenant. Within thirty (30) days after notice from Landlord, Tenant shall furnish Landlord a true copy of receipts evidencing such payment received by Tenant from the governmental authority or other taxing authority assessing such charges.

Appears in 1 contract

Samples: Lease Agreement (Rave Restaurant Group, Inc.)

ADDITIONS AND FIXTURES. Section 10.01. With the exception of interior(a) Tenant shall not make any alteration, non-structural alterationschange, Tenant will make no alterations improvement, repair, replacement or additions addition to the Leased Premises ("Alteration") without the prior written consent of Landlord. At such time as Tenant requests such written consent The Alteration must, in the reasonable opinion of Landlord, Tenant be architecturally and aesthetically harmonious with the existing Leased Premises. If Landlord consents to the Alteration, the work in such connection shall submit plans be at Tenant's expense, but be performed by workers and specifications for such alterations or additions contractors approved by Landlord in advance and in writing, and shall be performed in a manner and upon terms and conditions and at times satisfactory to and approved in advance in writing by Landlord. All work to be performed by or for Tenant is solely responsible for will be performed diligently and in a first-class, workmanlike manner, and in compliance with all municipalapplicable laws, State ordinances, regulations and Federal rulesrules of any public authority having jurisdiction over the Leased Premises and/or Tenant. Landlord has the right, regulationsbut not the obligation, to inspect periodically the work on the Leased Premises and may require or make changes in the method or quality of the work. Except for costs that Landlord agrees with Tenant in writing to pay, Tenant shall pay for all costs incurred or arising out of any Alterations and shall not permit a mechanic's or materialman's lien to be asserted against the Leased Premises. On Landlord's request, Tenant shall deliver to Landlord proof of payment and lien waivers and releases reasonably satisfactory to Landlord of all costs incurred or arising out of any Alterations. If for any reason Tenant fails to discharge any such obligation, and laws which govern Tenant’s construction and occupancy a mechanic's or materialman's lien is filed against any portion of the Leased Premises. Landlord’s approval of Tenant’s plans and specifications is to satisfy a condition precedent to the commencement of Tenant’s construction, and should not be relied upon by Tenant as a representation or warranty by Landlord of any kind or nature, expressed or implied, all of which are hereby disclaimed. Landlord makes no representation or warranty that Tenant’s proposed construction is structurally sound, is in compliance with the above-mentioned rules, regulations, or laws, or is sufficient to obtain all required permits. Section 10.02. Tenant shall remove only “Removable Trade Fixtures”, as hereinafter defined (excluding all components of the HVAC system, pipes, paneling or other wall covering or floor covering), and, then in addition to any other applicable provisions right or remedy of Landlord for an occurrence of an Event of Default under this Lease regarding such removalLease, Landlord may (but is not obligated to) discharge the following lien, either by paying the amount due or by procuring a bond, or by any other means. Any amount paid by Landlord to obtain the discharge of the lien, with interest as provided in this Lease, shall applybe paid by Tenant to Landlord on demand. (b) Tenant may remove its trade fixtures, office supplies and movable office furniture and equipment not attached to the Leased Premises provided: (1i) such removal must be is made prior to the termination of the term of this LeaseTerm; (2ii) Tenant must is not be in default of any obligation or covenant under this Lease beyond any applicable notice and cure period at the time of such removal; and (3iii) such removal must be effected without damage to the Leased Premises or the building of which the Leased Premises are a part and Tenant must promptly repair repairs all damage caused by such removal. For All other property at the purposes hereofLeased Premises and any Alteration of the Leased Premises (including wall-to-wall carpeting, paneling or other wall covering) and any other article attached or affixed to the phrase “Removable Trade Fixtures” means the following: all of Tenant’s signs Leased Premises (excluding fascia signs), tables, chairs, desks, furniture, furnishings, artwork, racks, merchandisers and displayers, standards, wall brackets, hang-rods, shelves, mirrors, tools, equipment, all fixtures and other items bearing any of Tenant’s trademarkswhich as stated above shall require Landlord's prior written consent) shall remain, servicemarks or tradenames cash registersif applicable, computers shall become the property of Landlord upon construction or installation and servers shall remain upon and related hardware and other business machines., and emergency generators and related tanks and equipment. If, by be surrendered with the Leased Premises as part thereof at the termination of this Lease, Tenant fails to remove any Removable Trade Fixtures or all alterations(however, additions, fixtures, equipment and property which Landlord has requested that Tenant remove or Tenant fails to repair any damage caused by its removal, then Landlord shall not have the right (but not the obligation) any obligation to remove such Removable Trade Fixtures and/or other alterations, additions, fixtures, equipment insure or property rebuild or repair replace any such damage caused by the removal thereof and thereupon Tenant will, on demand pay to Landlord the reasonable cost of such removal, transportation and storage on any Removable Trade Fixtures (or any other alterations, additions, fixtures, equipment and property installed or placed by Tenant in the Leased Premises which Tenant may be required to remove under this LeaseAlterations), and the cost of repairing Tenant hereby waives all rights to any such damage caused by the removal thereof together with interest on all such sums at the highest lawful rate. All plumbing payment or electrical wiring connections exposed as a result of the removal of Tenant’s Removable Trade Fixtures, or any other alterations, additions, fixtures, equipment and property installed or placed by it in the Leased Premises which Tenant is required to remove under this Lease, shall be capped by Tenant in a safe and workmanlike manner. Notwithstanding the foregoing or any other provision of this Lease to the contrary, however, Tenant shall not be obligated to remove any alterations or additions to the Leased Premises which were made as part of the initial tenant improvements to the Leased Premises, or which were made to the Leased Premises subsequent to the initial tenant improvements to the Leased Premises, in accordance with this Leasecompensation therefor.” Section 10.03. Tenant shall pay the full amount of all taxes, assessments, impositions, levies, charges, excises, fees, licenses and other sums levied, assessed, charged or imposed by any governmental authority or other taxing authority upon Tenant’s leasehold interest under this Lease and all alterations, additions, fixtures (including Removable Trade Fixtures), inventory and other property installed or placed or permitted at the Leased Premises by Tenant. Within thirty (30) days after notice from Landlord, Tenant shall furnish Landlord a true copy of receipts evidencing such payment received by Tenant from the governmental authority or other taxing authority assessing such charges.

Appears in 1 contract

Samples: Release and Settlement Agreement (North American Gaming & Entertainment Corp)

ADDITIONS AND FIXTURES. Section 10.01. With the exception of interior, non-structural alterations, A. Tenant will shall make no alterations alteration, improvement, repair or additions replacement to the Leased Premises (including, without limitation, any mechanical, electrical or plumbing systems located within or serving the Leased Premises) without the prior written consent of Landlord. At such time as Tenant requests such If Landlord's prior written consent is granted, the work shall be performed in a good and workmanlike manner at Tenant's expense but by workmen of Landlord or by workmen approved in advance in writing by Landlord, in accordance with plans and specifications which have been previously submitted to, and approved in advance in writing by Landlord and subject to the Building rules and regulations. Landlord shall have the right to require certificates of insurance, copies of building permits, copies of the final certificate of occupancy, executed lien releases and reimbursement of the expenses incurred by Landlord in reviewing Tenant's proposed plans and specifications as conditions to granting its consent to the performance of such work. Landlord's consent shall also be conditioned upon those furnishing labor or materials for Tenant's job working in harmony and not interfering with any labor utilized by Landlord or its contractors or by any other tenant or other tenant's contractors. If those furnishing labor or materials for Tenant's work cause disharmony or interference, Landlord's consent may be withdrawn immediately upon notice to Tenant. Tenant will not permit any mechanic's or materialmen's lien to be placed on the Leased Premises, improvements or Building during the Lease term caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Tenant. In the case of the filing of any lien, Tenant shall submit plans and specifications for cause the same to be discharged (by bond or otherwise) within twenty (20) days of such alterations filing. Any failure to do so within this period will give Landlord the right, but not the obligation (among other rights or additions remedies of Landlord), to discharge the same by paying the amount claimed due or obtaining the discharge of such lien by deposit in court or bonding. Any amounts paid by Landlord. Tenant is solely responsible for compliance with all municipal, State and Federal rules, regulations, and laws which govern all reasonable legal fees and expenses in defending any such action or the discharge of such lien, plus interest thereon from the date of Landlord's written notice to Tenant of such payment until Tenant’s construction 's reimbursement, at the lesser of 15% per annum or the maximum legally permitted interest rate, shall be paid by Tenant to Landlord on demand. B. Tenant may remove its trade fixtures, supplies, movable office furniture and occupancy of the Leased Premises. Landlord’s approval of Tenant’s plans and specifications is to satisfy a condition precedent equipment not attached to the commencement of Tenant’s construction, and should not be relied upon by Tenant as a representation or warranty by Landlord of any kind or nature, expressed or implied, all of which are hereby disclaimed. Landlord makes no representation or warranty that Tenant’s proposed construction is structurally sound, is in compliance with the above-mentioned rules, regulations, or laws, or is sufficient to obtain all required permits. Section 10.02. Tenant shall remove only “Removable Trade Fixtures”, as hereinafter defined (excluding all components of the HVAC system, pipes, paneling or other wall covering or floor covering), and, in addition to other applicable provisions of this Lease regarding such removal, the following shall applyBuilding provided: (1) such removal must be is made prior to the expiration or termination of the term of this Lease; (2) Tenant must is not be in default of any obligation or covenant under this Lease beyond any applicable notice and cure period at the time of such removal; and (3) such removal must be effected without Tenant promptly repairs all damage caused by removal. All other property at the Leased Premises and any alteration or addition to the Leased Premises (including wall- to-wall carpeting, paneling or other wall covering) and any other article attached or affixed to the building floor, wall or ceiling of which the Leased Premises are a part shall remain upon and Tenant must promptly repair all damage caused by such removal. For be surrendered with the purposes hereof, Leased Premises at the phrase “Removable Trade Fixtures” means the following: all of Tenant’s signs (excluding fascia signs), tables, chairs, desks, furniture, furnishings, artwork, racks, merchandisers and displayers, standards, wall brackets, hang-rods, shelves, mirrors, tools, equipment, all fixtures and other items bearing any of Tenant’s trademarks, servicemarks expiration or tradenames cash registers, computers and servers and related hardware and other business machines., and emergency generators and related tanks and equipment. If, by the termination of this Lease, Tenant fails hereby waiving all rights to any payment or compensation therefor. If however, Landlord so requests in writing, Tenant will, prior to expiration or termination of this Lease, remove any Removable Trade Fixtures or and all alterations, additions, fixtures, equipment and property which Landlord has requested that Tenant remove placed or Tenant fails to repair any damage caused by its removal, then Landlord shall have the right (but not the obligation) to remove such Removable Trade Fixtures and/or other alterations, additions, fixtures, equipment or property or repair any such damage caused by the removal thereof and thereupon Tenant will, on demand pay to Landlord the reasonable cost of such removal, transportation and storage on any Removable Trade Fixtures (or any other alterations, additions, fixtures, equipment and property installed or placed by Tenant in the Leased Premises which Tenant may be required to remove under this Lease), and the cost of repairing any such damage caused by the removal thereof together with interest on all such sums at the highest lawful rate. All plumbing or electrical wiring connections exposed as a result of the removal of Tenant’s Removable Trade Fixtures, or any other alterations, additions, fixtures, equipment and property installed or placed by it in the Leased Premises which (other than the leasehold improvements installed prior to the Commencement Date and except to the extent Landlord requires such removal in connection with its approval of any subsequent alterations, additions or fixtures) and will repair any damage caused by such removal. C. If any property not belonging to Landlord remains t the Leased Premises after the expiration or termination of the term of this Lease, Tenant is required hereby authorizes Landlord to remove dispose of the property as Landlord may desire without liability to Tenant if the property belongs to Tenant. If the property does not belong to Tenant, Tenant agrees to indemnify and hold harmless from all suits, actions, liability, loss, damages and expenses in connection with any removal, exercise of dominion over and/or disposition of such property by Landlord. D. Tenant may, at its expense, install additional locks or security systems in the Leased Premises provided that (1) such installation shall comply with applicable provisions of the Building Rules and Regulations attached hereto as Exhibit "C"; (2) Landlord shall be furnished with duplicate keys and entry codes to gain entrance where permitted under this Lease; and (3) Tenant removes such locks and security systems upon the expiration or earlier termination of the lease, shall be capped by Tenant in a safe and workmanlike manner. Notwithstanding the foregoing or any other provision of this Lease to the contrary, however, Tenant shall not be obligated to remove any alterations or additions to repairs all damages and otherwise restores the Leased Premises which were made as part of the initial tenant improvements to the Leased Premises, or which were made their condition prior to the Leased Premises subsequent to the initial tenant improvements to the Leased Premises, in accordance with this Leasesuch installation.” Section 10.03. Tenant shall pay the full amount of all taxes, assessments, impositions, levies, charges, excises, fees, licenses and other sums levied, assessed, charged or imposed by any governmental authority or other taxing authority upon Tenant’s leasehold interest under this Lease and all alterations, additions, fixtures (including Removable Trade Fixtures), inventory and other property installed or placed or permitted at the Leased Premises by Tenant. Within thirty (30) days after notice from Landlord, Tenant shall furnish Landlord a true copy of receipts evidencing such payment received by Tenant from the governmental authority or other taxing authority assessing such charges.

Appears in 1 contract

Samples: Lease Contract (Data Critical Corp)

ADDITIONS AND FIXTURES. Section 10.01. With the exception of interior(a) Tenant shall not make any alteration, non-structural alterationschange, Tenant will make no alterations improvement, repair, replacement or additions addition to the Leased Premises ("Alteration") without the prior written consent of Landlord which consent shall not be unreasonably withheld. Unless Landlord has waived the requirement in writing, together with Tenant's request for approval of an Alteration, Tenant must also submit reasonable detail with respect so design concept, plans and specifications. certificates of insurance to be maintained by Tenant's contractors, hours of construction, proposed construction methods, details with respect to the quality of the proposed work, and reasonable evidence of security (such as payment and performance bonds) to assure timely completion and payment of the costs of the work by the contractor. With respect to an Alteration that is visible from outside the Leased Premises, the Alteration must, in the opinion of the Landlord, also be architecturally and aesthetically harmonious with the remainder of the Building. If Landlord consents to the Alteration, the work in such connection shall be at Tenant's expense, but be performed by workers of Landlord or workers and contractors approved by the Landlord in advance and in writing, and shall he performed in a manner and upon terms and conditions and at times reasonably satisfactory to and approved in advance and in writing by Landlord. At In any instance in which Landlord grants such consent, Landlord may grant such consent contingent and conditioned upon Tenant's working in harmony and not interfering with any labor utilized by Landlord. Landlord's contractors or mechanics, or by any other tenant or such other tenant's contractors or mechanics: and if at any time such entry by one or more persons furnishing labor or materials for Tenant's work shall cause interference in the Project or with respect to other tenants and their employees, agents, contractors, invitees or licensees, the consent granted by Landlord to Tenant may be withdrawn upon forty-eight (48) hours written notice to Tenant. All work performed by or for Tenant will be performed diligently and in a first class, workmanlike manner, and in compliance with all applicable laws, ordinances, regulations and rules of any public authority having jurisdiction over the Building and/or Tenant and, so long as communicated in writing to Tenant, Landlord's insurance carriers. Landlord has the right, but not the obligation,. to inspect periodically the work on the Leased Premises and may require or make changes in the method or quality of the work. Except for the cost that Landlord agrees with Tenant requests such written consent of Landlordin writing to pay, Tenant shall submit plans pay for all costs incurred or arising out of any Alterations and specifications for such alterations shall not permit a mechanic's or additions materialman's lien to Landlord. Tenant is solely responsible for compliance with all municipal, State and Federal rules, regulations, and laws which govern Tenant’s construction and occupancy of be asserted against the Leased Premises. On Landlord’s approval 's request, Tenant shall deliver to Landlord proof of Tenant’s plans payment and specifications is lien waivers and releases satisfactory to satisfy a condition precedent Landlord of all costs incurred or arising out of Alterations. If for any reason Tenant fails to the commencement of Tenant’s constructiondischarge any such obligation, and should not be relied upon a mechanics or materialman's lien is tiled against any portion of the Project, other than liens that are being contested by Tenant as a representation or warranty by Landlord of any kind or nature, expressed or implied, all of which are hereby disclaimed. Landlord makes no representation or warranty that Tenant’s proposed construction is structurally sound, is in compliance with the above-mentioned rules, regulations, or laws, or is sufficient to obtain all required permits. Section 10.02. Tenant shall remove only “Removable Trade Fixtures”, as hereinafter defined (excluding all components of the HVAC system, pipes, paneling or other wall covering or floor covering), andgood faith, in addition to any other applicable provisions right or remedy of Landlord for an occurrence of an Event of Default under this Lease regarding such removalLease. Landlord may (but is not obligated to) discharge the lien, either by paying the following amount due or by procuring a bond, or by any other means. Any amount paid by Landlord to obtain the discharge of the lien, with interest as provided in Paragraph 40, shall applybe paid by Tenant to Landlord on demand. (b) Tenant may remove its trade fixtures, office supplies and movable office furniture and equipment not attached to the Building provided: (1i) such removal must be is made prior to the termination of the term of this Lease; term: (2ii) Tenant must is not be in default of any obligation or covenant under this Lease beyond any applicable notice and cure period at the time of such removal; : and (3iii) Tenant promptly repairs all damage cause by such removal must be effected without damage removal. All other property at the Leased Premises and any Alteration of the Leased Premises (including wall-to-wall carpeting, paneling or other wall covering) and any other article attached or affixed to the Leased Premises or the building (any of which as stated above shall require Landlord's prior written consent) shall become the property of Landlord upon construction or installation and shall remain upon and he surrendered with the Leased Premises are a as part and Tenant must promptly repair all damage caused by such removal. For the purposes hereof, the phrase “Removable Trade Fixtures” means the following: all of Tenant’s signs (excluding fascia signs), tables, chairs, desks, furniture, furnishings, artwork, racks, merchandisers and displayers, standards, wall brackets, hang-rods, shelves, mirrors, tools, equipment, all fixtures and other items bearing any of Tenant’s trademarks, servicemarks or tradenames cash registers, computers and servers and related hardware and other business machines., and emergency generators and related tanks and equipment. If, by thereof at the termination of this Lease, (however, Landlord shall not have any obligation to insure or rebuild or replace any such alterations) and Tenant fails hereby waives all rights to any payment or compensation therefor. If, however, Landlord notifies Tenant in writing upon approval of the "Final Plans" (as defined in Exhibit C attached hereto). Tenant will, prior to termination of this Lease, remove any Removable Trade Fixtures or and/or all alterations, additionsAlterations, fixtures, equipment and property which Landlord has requested that Tenant remove placed or Tenant fails to installed by it or at its request in the Lease Premises and will repair any damage caused by its removal, then Landlord shall have the right (but not the obligation) to remove such Removable Trade Fixtures and/or other alterations, additions, fixtures, equipment or property or repair any such damage caused by the removal thereof and thereupon Tenant will, on demand pay to Landlord the reasonable cost of such removal, transportation and storage on any Removable Trade Fixtures (or any other alterations, additions, fixtures, equipment and property installed or placed by Tenant in the Leased Premises which Tenant may be required to remove under this Lease), and the cost of repairing any such damage caused by the removal thereof together with interest on all such sums at the highest lawful rate. All plumbing or electrical wiring connections exposed as a result of the removal of Tenant’s Removable Trade Fixtures, or any other alterations, additions, fixtures, equipment and property installed or placed by it in the Leased Premises which Tenant is required to remove under this Lease, shall be capped by Tenant in a safe and workmanlike manner. Notwithstanding the foregoing or any other provision of this Lease to the contrary, however, Tenant shall not be obligated to remove any alterations or additions to the Leased Premises which were made as part of the initial tenant improvements to the Leased Premises, or which were made to the Leased Premises subsequent to the initial tenant improvements to the Leased Premises, in accordance with this Lease.” Section 10.03. Tenant shall pay the full amount of all taxes, assessments, impositions, levies, charges, excises, fees, licenses and other sums levied, assessed, charged or imposed by any governmental authority or other taxing authority upon Tenant’s leasehold interest under this Lease and all alterations, additions, fixtures (including Removable Trade Fixtures), inventory and other property installed or placed or permitted at the Leased Premises by Tenant. Within thirty (30) days after notice from Landlord, Tenant shall furnish Landlord a true copy of receipts evidencing such payment received by Tenant from the governmental authority or other taxing authority assessing such charges.

Appears in 1 contract

Samples: Office Building Lease (Deep Down, Inc.)

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