Alterations, Additions, and Improvements. A. Subject to the limitation that no substantial portion of the building premises shall be demolished or removed by Lessee without prior written consent of Lessor, and if necessary, of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, make any alterations, additions or improvements in and to the building premises. Alterations shall be performed in a workmanlike manner and shall not weaken or impair the structural strength, or lessen the value, of the building premises, or change the purposes for which the building or any part thereof, may be used. B. Conditions with respect to alterations, additions or improvements are as follows: (1) Before commencement of any work all plans and specifications shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work. (2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work. (3) All alterations, additions, and improvements to the leased premises at the commencement of the term, and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lessee.
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Alterations, Additions, and Improvements. A. Subject 9.1 TENANT shall bear the cost and expense of modifying the interior of the BUILDING for its use (the “TENANT IMPROVEMENTS”), including without limitation obtaining all required approvals, permits, and certificates from the governmental authorities having jurisdiction of the BUILDING and LANDLORD shall cooperate with TENANT in connection therewith. Prior to obtaining such approvals, certificates and approvals and commencing construction of any TENANT IMPROVEMENTS, TENANT shall obtain written approval of LANDLORD of all plans, drawings and specifications, which approval shall not be unreasonably withheld or delayed, and TENANT shall deposit with LANDLORD, LANDLORD’s estimate of cost of TENANT IMPROVEMENTS. TENANT IMPROVEMENTS is not intended to include personal property, moveable equipment, and trade fixtures not mounted to the limitation that no substantial portion LEASED PREMISES.
9.2 During the TERM of the building premises LEASE, TENANT IMPROVEMENTS shall be demolished or removed undertaken by Lessee without prior written consent of LessorLANDLORD at TENANT’s expense in a good and workmanlike manner. TENANT IMPROVEMENTS shall be constructed in accordance with all laws, codes and if necessaryregulations and in accordance with the plans, of any mortgagee, Lessee may, at any time during the lease term, drawings and specifications approved by LANDLORD in accordance with Section 9.1.
9.3 All work relating to TENANT IMPROVEMENTS shall be subject to the conditions set forth below prevailing wage requirements and at its own expense, make any alterations, additions or improvements in and to the building premises. Alterations shall be performed in a workmanlike manner and shall not weaken or impair the structural strength, or lessen the value, affirmative action requirements of the building premises, or change the purposes for which the building or any part thereof, may be usedNew Jersey Economic Development Authority.
B. Conditions 9.4 To the extent permitted by law, any TENANT IMPROVEMENTS are to be constructed by contractors and sub-contractors employing craft workers who are members of unions that are affiliated with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all plans the AFL-CIO Building and specifications shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done Construction Trades Department in accordance with requirements of all applicable governmental regulationscollective bargaining agreements. The plans LANDLORD and specifications TENANT shall use contractors and sub-contractors employing workers represented by unions that are affiliated with the AFL-CIO Building and Construction Trades Department in accordance with applicable collective bargaining agreements to provide for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls janitorial services and roof of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of workBUILDING maintenance.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) All alterations, additions, and improvements to the leased premises at the commencement of the term, and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lessee.
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Alterations, Additions, and Improvements. A. Subject After the Commencement Date, Tenant shall not permit, make or allow to be made any construction, alterations, physical additions or improvements in or to the limitation that no substantial portion of Premises without obtaining the building premises shall be demolished or removed by Lessee without prior written consent of LessorLandlord (“Tenant Work”), nor place any signs in the Premises which are visible from outside the Premises, without obtaining the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion. Notwithstanding the foregoing, Landlord will not unreasonably withhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, (ii) is not visible from the exterior of the Premises, (iii) does not affect the exterior of the Building or any Common Areas, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and if necessary, (vi) will not interfere with the use and occupancy of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, make any alterations, additions or improvements in and to the building premises. Alterations shall be performed in a workmanlike manner and shall not weaken or impair the structural strength, or lessen the value, other portion of the building premises, Project by any other tenant or change occupant of the purposes for which the building or any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all Project. Tenant’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be submittedsubject to Landlord’s prior written approval. If requested by Landlord, filed withTenant shall execute a work letter for any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of the Building. Tenant shall pay Landlord a construction oversight fee in an amount equal to ten percent (10%) of the cost and expense of any Tenant Work undertaken by Landlord; the construction oversight or management fee, if any, applicable to construction of the Initial Improvements shall be governed by the terms of the Work Letter and not by the provisions of this Section. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and approved Tenant shall reimburse Landlord for the actual and reasonable cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all governmental departments or authorities having jurisdiction costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which may arise out of such work, plans and any public utility company having an interest thereinspecifications, and all work permits for such Tenant Work. All Building Standard Tenant Work shall become the property of Landlord upon completion and shall be done in accordance with requirements surrendered to Landlord upon the expiration or earlier termination of all applicable governmental regulations. The plans and specifications for any alternations estimated this Lease or Tenant’s right to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls and roof possession of the building regardless Premises under this Lease, unless Landlord shall require removal or restoration of cost must be submitted to Lessor for written approval prior to commencement of work.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) such Tenant Work by Tenant. All alterations, additions, and improvements to the leased premises at the commencement of the term, and Tenant Work that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee is Above Standard shall be and remain the property of LesseeTenant, and shall be maintained by Tenant in good condition and repair throughout the Term, until the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, at which time such Tenant Work shall become the property of Landlord and shall be surrendered to Landlord with the Premises, unless Landlord specifies, at the time of the approval of the installation of such Above Standard Tenant Work, that Landlord will require Tenant to remove same upon the expiration or earlier termination of the Lease or Tenant’s right to possession of the Premises under the Lease. Any Tenant Work that Tenant is required to remove from the Premises upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease shall be removed at Tenant’s sole expense, and Tenant shall, at Tenant’s expense, promptly repair any damage to the Premises or the Building caused by such removal. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. An XXXXX 25 (or its equivalent) certificates of insurance in the most recent edition available evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to final completion of any Tenant Work, Landlord shall prepare and submit to Tenant a punch list of items to be completed, and Tenant shall diligently complete all such punch list items. In order to comply with the provisions of Section 713.10 of the Florida Statutes (as the same may be amended from time to time), it is understood that neither Tenant nor anyone claiming by, through or under Tenant, including contractors, subcontractors, materialmen, mechanics and laborers, will have any right to file or record any lien of any nature whatsoever on the Premises or the Building or any improvements therein or thereto. All persons with whom Tenant may deal are put on notice that Tenant has no power to subject the interest of Landlord in the Premises or the Building to any lien of any nature whatsoever, and all such persons so dealing with Tenant must look solely to the credit of Tenant, and not to Landlord’s interest or assets. Tenant will put all such persons with whom Tenant may deal on notice of the terms of this Section. Tenant shall not allow any liens to be filed against the Premises or the Project in connection with any Tenant Work. If, at any time, a lien or encumbrance is filed or recorded against the Premises or the Building as a result of any act or omission of Tenant or any of Tenant’s affiliates, representatives, employees, agents, contractors, subcontractors, customers and invitees (collectively, “Tenant’s Representatives”), Tenant will promptly remove such lien or encumbrance. If such lien or encumbrance has not been removed of record within ten (10) days from the date of filing, such failure will be deemed to be a Default and, in addition to any other remedies available to Landlord, Landlord will have the right, but not the obligation, to remove any such lien or encumbrance of record. In such event, Tenant will pay to Landlord, as Additional Rent, a sum equal to the amount Landlord was required to pay to remove such lien or encumbrance of record, plus all costs and expenses incurred by Landlord in connection therewith, including reasonable attorneys’ fees and costs. Without limiting the generality of anything set forth in this Section 16, Tenant shall not record (or permit any Tenant Representative to record) a notice of commencement under Section 713.13 of the Florida Statutes (as the same may be amended from time to time) in connection with any Tenant Work or otherwise without the prior written consent of Landlord in each instance. Tenant’s failure to comply with this Section shall constitute an automatic Default under this Lease without the need of Landlord to give Tenant any notice of or opportunity to cure. If any construction lien is filed or recorded against Landlord’s interest in the Premises or the Premises in connection with any notice of commencement that Tenant or Tenant’s Representatives records without Landlord’s prior written consent, then in addition to any other rights or remedies available to Landlord under this Lease or applicable law (including Section 697.10 of the Florida Statutes), Tenant shall pay liquidated damages or One Hundred and 00/100 Dollars ($100.00) per day for the period commencing on the date that such lien was recorded until the date such lien is removed from record.
Appears in 1 contract
Alterations, Additions, and Improvements. A. Subject Tenant may not make any installations, alterations, additions, or improvements or major repairs in or to the Premises, including without limitation that no substantial portion of any such work to prepare the building premises shall be demolished or removed by Lessee Premises for Tenant's initial occupancy, without obtaining Landlord's prior written consent of Lessorconsent. All such work (other than a Cosmetic Alteration, and if necessary, of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, make any alterations, additions or improvements in and to the building premises. Alterations shall as hereinafter defined) will be performed in accordance with plans and specifications approved by Landlord, such approval not to be unreasonably withheld, conditioned, or delayed. Tenant will procure all necessary governmental permits and licenses before undertaking any work on the Premises and will perform all work in a good and workmanlike manner employing materials of good quality and shall in conformity with all applicable Legal Requirements and insurance requirements. Tenant will (i) employ only contractors reasonably approved by Landlord, (ii) require all contractors employed by Tenant to carry worker's compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not weaken or impair less than $3,000,000 and (iii) submit certificates evidencing such coverage to Landlord prior to the structural strengthcommencement of any work. Landlord may inspect Tenant's work at reasonable times. Tenant will prosecute and complete such work with reasonable diligence and will provide Landlord with "as built" plans (if applicable), or lessen copies of all construction contracts and proof of payment for all labor and materials. In connection with all such work, Tenant will pay when due all claims for such labor and materials furnished to the value, Premises and keep the Property at all times free from liens for labor and materials. Tenant will give Landlord at least 20 days' prior written notice of the building premises, or change the purposes for which the building or any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all plans on the Premises, regardless of whether Landlord's consent to such work is required. Landlord may record and specifications post notices of non-responsibility on the Premises. Tenant agrees to use commercially reasonable efforts not to employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building pursuant to arrangements with Landlord. Notwithstanding the foregoing, Tenant shall be submitted, filed withpermitted to make alterations and improvements to the Premises that do not affect the Building structure or exterior or Building systems, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated to which do not cost more than Twenty-Five Thousand Dollars ($25,000.0025,000) or more shall be submitted per year in the aggregate (each, a "Cosmetic Alteration"), without Landlord's consent, but upon prior written notice to Lessor. However, all alternations to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of workLandlord.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) All alterations, additions, and improvements to the leased premises at the commencement of the term, and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lessee.
Appears in 1 contract
Alterations, Additions, and Improvements. A. Subject to the limitation that no substantial portion of the building premises Tenant shall be demolished not make or removed by Lessee without prior written consent of Lessor, and if necessary, of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, make permit any alterations, additions or improvements in, on or about the Premises, except for non-structural alterations not exceeding Ten Thousand Dollars ($10,000.00) in and to cost, without the building premises. Alterations shall be performed in a workmanlike manner and prior written consent of Landlord which consent shall not weaken or impair the structural strength, or lessen the value, of the building premises, or change the purposes for which the building or any part thereof, may be used.
B. Conditions with respect to unreasonably withheld. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Any such alterations, additions or improvements including but not limited to heating, lighting, electrical, air conditioning, partitioning, drapery and carpentry installations made by Tenant which become an integral part of the Premises or are affixed to the Premises so that it cannot be removed without material damage to the Premises shall be and become the property of Landlord upon installation and shall not be deemed trade fixtures; provided, however, that Landlord may as follows:a condition of its giving consent require that Tenant, at Tenant's sole expense agree to remove nay or all alterations, additions or improvements installed by Tenant and repair any damage to the Premises caused by such removal and prior to the termination of the Lease.
B. Tenant shall give Landlord at least (120) Before twenty days' prior written notice of the date of commencement of any work all plans construction of alterations, additions or improvements in, on or about the Premises and Landlord shall have the right at any time to post notice of non-responsibility or similar notices on the Premises in connection therewith.
C. Tenant shall submit drawings and specifications shall be submitted, filed withto Landlord for Landlord's approval, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all no work shall be done in accordance with requirements of all applicable governmental regulations. The plans commenced until Landlord has approved such drawings and specifications for any alternations estimated to cost Twenty-Five and the contracts, contractors, performance and payment bonds and the sureties thereon; provided however, that an such approvals by Landlord shall not be unreasonably denied or delayed and no performance or payment bonds shall be required on projects costing less than One Hundred Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work100,000.00).
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) All alterations, additions, and improvements to the leased premises at the commencement of the term, and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lessee.
Appears in 1 contract
Samples: Lease Agreement (Durect Corp)
Alterations, Additions, and Improvements. A. Subject Tenants shall not make or allow to be made any alterations, additions, or improvements in or to the limitation that no substantial portion of Premises without the building premises shall be demolished or removed by Lessee without prior written consent of LessorLandlord; such consent will not be unreasonably withheld, but Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole discretion may deem reasonable or desirable, including without limiting the generality of the foregoing, requirements as to the manner in which, the time or times at which, and if necessarythe contractor by whom such work shall be done. Such alterations, of any mortgageeadditions, Lessee may, at any time during the lease term, subject or improvements when made to the conditions set forth below Premises by Tenant shall be surrendered to Landlord and at its own expensebecome the property of Landlord upon termination in any manner of this Lease, make any but this clause shall not apply to movable non-attached fixtures or furniture of Tenant, provided, however, if prior to termination of this Lease, or within thirty (30) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall promptly remove such alterations, additions additions, or improvements improvements, which were placed in or on the Premises by Tenant and to the building premises. Alterations shall be performed which are designated in a workmanlike manner said notice and shall not weaken or impair the structural strength, or lessen the value, of the building premises, or change the purposes for which the building or repair any part thereof, damage occasioned by such removal and in default thereof Landlord may be used.
B. Conditions affect said removals and repairs at Tenant's expense. All work with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all plans and specifications shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) All alterations, additions, and improvements shall be done in a good and workmanlike manner and diligently prosecuted to completion to the leased premises end that the improvements on the Premises shall at all times be a complete unit except during the commencement period of work. Any such alterations, additions and improvements shall be performed and done strictly in accordance with the laws and ordinances relating thereto, and with the requirements of all carriers of insurance on the Premises and the Board of Underwriters, Fire Rating Bureau, or similar organization. Tenant shall obtain at its sole cost and expense all required licenses and permits. In performing the work of any such alterations, additions or improvements, Tenant shall have the work performed in such a manner so as not to obstruct the access to or within the Building of any other tenant. Before commanding any such work or construction in or about the Premises, Tenant shall notify Landlord in writing of the termexpected date of commencement thereof. Landlord shall have the right at any time and from time to time to post and maintain on the Premises such notices as Landlord deems necessary to protect the Premises or the Project, and that may Landlord from the liens of mechanic, laborers, materialman, suppliers or vendors. If any liens are filed against Landlord or any part the Project as a result of Tenant's work, Tenant shall cause same to be erected discharged by payment or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lessee.bonding within ten (10) days after such lien is filed. LEGAL AND VIOLATIONS OF INSURANCE COVERAGE
Appears in 1 contract
Samples: Lease Agreement (Medibuy Com Inc)
Alterations, Additions, and Improvements. A. Subject No alterations, additions, or improvements (“Alterations”) shall be made to the limitation that no substantial portion of the building premises shall be demolished or removed Premises by Lessee without the prior written consent of LessorLessors which Lessor will not unreasonably withhold, condition or delay, provided, however, that Lessee may make Alterations (including removal and if necessary, of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, make any alterations, additions or improvements in and to the building premises. Alterations shall be performed in a workmanlike manner and shall not weaken or impair the structural strength, or lessen the value, rearrangement of the prior Alterations) which do not affect the Building systems, exterior appearance, structural components or structural integrity, which do not require a building premises, or change the purposes for permit and which the building or any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all plans and specifications shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated to cost Twenty-Five do not exceed collectively One Hundred Twenty Thousand Dollars ($25,000.00120,000) in cost within any twelve (12) month period, without Lessor’s prior written consent. As a condition to Lessor’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Lessor may require Lessee to remove any such Alterations at the expiration or more sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided, however, that if requested in writing by Lessee to do so at the time consent for such Alteration is requested, Lessor shall inform Lessee at the time Lessor consents to such Alteration whether such Alteration must be removed from the Premises upon the expiration or earlier termination of this Lease. All Alterations to be made to the Premises shall be submitted made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall be made in accordance with plans and specifications which have been furnished to Lessor. However, all alternations to the structure walls and roof of the building regardless of cost must be submitted to approved by Lessor for written approval in writing prior to commencement of work.
. All Alterations shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Such approvals shall not be unreasonably withheld, conditioned or delayed by Lessor. Subject to Lessor’s right to have Lessee retain ownership and remove same, any Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Lessee, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Lessor at the expiration or sooner termination of the Lease. For those Alterations which do not require Lessor’s consent, to the extent specifically requested of Lessor in writing by Lessee at the time such Alteration is made, Lessor shall by written notice to Lessee advise Lessee whether Lessee is required to remove such Alterations upon the expiration or earlier termination of this Lease. Lessee shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (230) Prior to commencement days after completion of any workAlteration, Lessee shall pay the amount provide Lessor with a complete set of any increase in premiums on insurance policies provided “as built” plans for herein because of endorsements to be made covering the risk during the course of worksame.
(3) All alterations, additions, and improvements to the leased premises at the commencement of the term, and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lessee.
Appears in 1 contract
Alterations, Additions, and Improvements. A. Subject to the limitation that no substantial portion of the building premises shall be demolished or removed by Lessee without prior written consent of Lessor, and if necessary, of any mortgagee, Lessee Tenant may, at its sole cost and expense, construct or cause to be constructed on the Premises Improvements including permanent or temporary buildings, modulars, portables, roadways, sidewalks, fences, playgrounds, parking areas, utilities, signs, monuments and landscaping which Tenant deems necessary to the operation of its business (“Improvements”) subject to local site, zoning, and design review and other required approvals and provided that Landlord has approved all such Improvements in writing, in advance. Xxxxxxxx’s approval may be withheld or delayed in Landlord’s sole and absolute discretion. Any permitted Improvements shall be subject to the requirements of this Section 11, and shall be conditioned upon: (i) Tenant’s acquiring all applicable permits required by all applicable City, State, or governmental authorities, (ii) the furnishing of copies of such permits together with a copy of the plans and specifications for the Improvements to Landlord prior to commencement of the work thereon, and (iii) the compliance by Tenant with all conditions of said permits in a prompt and expeditious manner.
B. Not less than fifteen (15) days prior to the construction, major repair, renovation or demolition of any time during Improvements on the lease termPremises, Tenant shall provide Landlord with information regarding the contractor's financial condition and evidence to Landlord’s reasonable satisfaction that adequate funds to complete the Improvements are committed and available or that completion has been otherwise adequately assured. Such assurances may include, in Xxxxxxxx's discretion, a completion guarantee. No construction shall commence until Landlord has given Tenant written acceptance of such assurances.
C. Tenant shall give Landlord fifteen (15) days prior written notice before commencing any work on the Premises so that Landlord may post such notices of non-responsibility with respect thereto as Landlord may deem appropriate. Tenant shall not commence work on the Premises until Landlord has posted notice of non-responsibility or has provided Tenant with written response waiving posting of notice of non-responsibility.
D. Not less than fifteen (15) days prior to the construction, major repair, renovation or demolition of any improvements on the Premises, Tenant shall provide Landlord with sufficient evidence that it has obtained all required approvals and permits for the work and that Tenant or Tenant 's contractor(s) has in effect, with premiums paid, adequate casualty and liability insurance (including builder's risk) coverage and workers’ compensation.
E. Upon commencement of construction of any Improvements, Tenant shall cause the work to be diligently pursued to completion in accordance with the schedule for completion approved by Landlord, subject to the conditions set forth below and at its own expenseunavoidable delays caused by weather, make any alterationssupply shortages, additions strikes or acts of God.
F. All work on improvements in and to the building premises. Alterations shall be performed in a sound and workmanlike manner manner, in compliance with the applicable laws and shall not weaken or impair building codes, in conformance with the structural strengthplans and specifications approved by Landlord and the Division of the State Architect (“DSA”), if applicable, or lessen any modifications thereto which have been approved in writing by Landlord. If an improvement project requires the valueuse of DSA approved Inspector services, Tenant shall reimburse Landlord for the costs related to said services.
G. Landlord or Landlord’s agent shall have a continuing right at all times during the period that Improvements are being constructed on the Premises to enter the Premises and to inspect the work provided that such entries and inspections do not unreasonably interfere with the progress of the building premisesconstruction. Tenant shall require its contractors who construct improvements on the Premises to cooperate reasonably with Landlord or its agent in such inspections. In connection with any entry by Landlord or Landlord’s agent pursuant to this Subsection 11.G, Landlord covenants and agrees to defend (by counsel reasonably acceptable to Tenant), indemnify and hold harmless Tenant and its officers, directors, and employees, from and against any and all damage, loss, liability or change expense, including, without limitation, reasonable attorneys' fees and costs, which arises as a result of damage to property or injury to persons caused by the purposes for which the building negligence or any part thereof, may be usedwillful misconduct of Landlord or its agent.
B. Conditions with respect H. Within ninety (90) days after completion of construction of any work of improvement on the Premises, Tenant shall deliver to alterationsLandlord two (2) full and complete sets of as-built plans for the work so completed, additions or improvements are as follows:
and one (1) Before commencement digital copy of such as-built plans.
I. Landlord shall cooperate with Tenant by executing and recording such applications for zoning or use permits necessary for the operation of Tenant’s business on the Premises as may be reasonably required to complete Tenant’s Improvements, however, no cost shall accrue to or be borne by Landlord and Tenant shall indemnify and hold Landlord harmless from and against any work all plans and specifications cost, expense, claim, or liability arising out of or related to Tenant’s application for, issuance of, or operation under such zoning or use permit.
J. All Improvements shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done constructed in accordance with requirements of all laws applicable governmental regulations. The plans and specifications for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. Howeverpublic school construction, all alternations including but not limited to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) All alterations, additions, and improvements to the leased premises at the commencement of the term, and that may be erected or installed during the term, shall become part of the leased premises Americans with Disabilities Act and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of LesseeField Act.
Appears in 1 contract
Samples: Lease Agreement
Alterations, Additions, and Improvements. A. Subject to the limitation that no substantial portion of the building premises a. Subtenant shall be demolished or removed by Lessee without prior written consent of Lessor, and if necessary, of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, not make any alterations, additions or improvements in on the Subleased Premises without first obtaining the written consent of Prime Landlord and to the building premisesSublandlord. Alterations shall be performed in a workmanlike manner and If Prime Landlord consents, Sublandlord shall not weaken or impair the structural strength, or lessen the value, of the building premises, or change the purposes for which the building or any part thereof, may be used.
B. Conditions with respect to unreasonably withhold its consent. All alterations, additions or and improvements are as follows:
(1) Before commencement of any work all plans and specifications shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done made in accordance with requirements the terms and conditions of all applicable governmental regulationsthe Prime Lease. The plans Notwithstanding anything herein to the contrary, but subject to the provisions of Section 8.3 and specifications Addendum Paragraph 4 of the Prime Lease, Subtenant shall be allowed to replace carpets, repaint walls and install and reconfigure cubicles subject to the prior consent of Sublandlord and Prime Landlord. Sublandlord reserves the right to notify Subtenant of any restoration Subtenant shall be responsible for any alternations estimated upon the expiration or sooner termination of this Sublease.
b. In consideration of Subtenant leasing the Subleased Premises in its "AS IS" condition, Sublandlord hereby agrees to cost Twenty-Five provide Subtenant with an improvement allowance equal to the sum of Two Hundred Ninety Thousand Dollars Four Hundred Fifteen and 00/100 ($25,000.00290,415.00) Dollars, computed at the rate of Fifteen and 00/100 ($15.00) Dollars per rentable square foot (hereinafter referred to as the "Improvement Allowance") to be applied towards the cost of the improvements Subtenant is performing to the Subleased Premises. Said sum shall, at Sublandlord's option, either be (i) paid to Subtenant in a lump sum payment upon completion of the improvements, as evidenced by paid invoices and a certificate of occupancy (either temporary or more permanent), or (ii) credited against the monthly installments of Rent due and payable pursuant to the terms of this Sublease, until expended. Any cost of such improvements which shall be submitted to Lessor. However, all alternations to the structure walls and roof in excess of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) All alterations, additions, and improvements to the leased premises at the commencement of the term, and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee aforesaid Improvement Allowance shall be and remain the property of Lesseepaid by Subtenant.
Appears in 1 contract
Samples: Sublease Agreement (Pdi Inc)
Alterations, Additions, and Improvements. A. Subject Tenant will not make or allow to be made any Alterations in or to the limitation that no substantial portion of Premises without the building premises shall be demolished or removed by Lessee without prior written consent of LessorLandlord, which consent may be granted or withheld by Landlord, in Landlord’s sole and absolute discretion, provided, however, if necessaryTenant is not in default under this Lease, of any mortgagee, Lessee may, at any time during Tenant shall have the lease termright, subject to Tenant’s compliance with all of the conditions set forth below other provisions of this Section 9, to make non-structural Alterations to the Premises without first obtaining Landlord’s consent in an aggregate amount not to exceed $50,000.00 in any twelve (12) month period. Alterations to the Premises shall be done by Landlord or by contractors approved in writing by Landlord, at Tenant’s sole cost and expense. If Landlord approves Tenant’s proposed Alterations, or if such proposed Alterations are not subject to Landlord’s consent, and Landlord agrees to permit Tenant’s contractor to do the work, Tenant shall require contractor, and all subcontractors employed by the contractor, to carry worker’s compensation insurance (as required under the Xxxxxxx’x Compensation Act of Colorado) and commercial general liability insurance, issued by such companies as Landlord may approve and in such amounts as Landlord may reasonably require, naming Landlord and any other parties designated by Landlord, as additional insured. Tenant shall provide certificates of insurance, evidencing satisfaction of the insurance requirements, prior to the commencement of such work. All Alterations, (whether or not such Alterations are subject to Landlord’s prior consent),must conform to all requirements of all governmental entities having jurisdiction. Tenant’s contractor shall obtain all applicable building and occupancy permits required by law. Landlord shall have the right, at its own Tenant’s expense, to have Tenant’s contractor’s work inspected by architects and engineers. At any time Tenant either desires to, or is required to, make any alterationsrepairs or Alterations in accordance with this Lease, additions Landlord may, in addition to its other options, require Tenant, at Tenant’s sole cost and expense, to obtain and provide to Landlord a lien and completion bond (or such other applicable bond as reasonably determined by Landlord) in an amount equal to one and one-half times the estimated cost of such improvements in to insure Landlord against risk and liability, including but not limited to liability for mechanics and materialman’s lien, and to insure the building premisescompletion of the work. Tenant agrees to indemnify Landlord and hold it harmless against any loss, liability or damage resulting from such work. Tenant further agrees that plans and drawings for installation or revision of mechanical, electrical or plumbing systems shall be designed by an engineer approved by Landlord, and bear an engineer’s seal, such design work to be done at Tenant’s expense. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to remove or alter any restrooms in the Premises. All Alterations and systems installed in or attached to the Premises by Tenant shall, at the option of Landlord, upon the expiration or earlier termination of the Lease, belong to and become the property of Landlord without any payment from Landlord and if such option is exercised, shall be surrendered by Tenant in good order and condition as part of the Premises upon the expiration or sooner termination of the Lease term. Tenant shall not use or penetrate the roof of the Building for any purpose whatsoever without the prior written consent of Landlord, which consent may be granted or withheld by Landlord, in Landlord’s sole and absolute discretion. All Alterations (whether or not such Alterations are subject to Landlord’s prior consent) shall be performed by Tenant in a good and workmanlike manner manner, in compliance with all Requirements. Tenant shall keep the Premises and shall not weaken or impair the structural strength, or lessen the value, of the building premises, or change the purposes for which the building or Property free from any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:
(1) Before commencement liens arising out of any work all plans and specifications performed, materials furnished, or obligations incurred by Tenant. Tenant’s obligations regarding liens shall be submitted, filed with, and approved by all governmental departments satisfied if during any period that a lien is disputed Tenant provides a bond (or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications other similar security) sufficient for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls and roof satisfaction of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of worklien together with costs and interest.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) All alterations, additions, and improvements to the leased premises at the commencement of the term, and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lessee.
Appears in 1 contract
Samples: Lease Agreement (Gaia, Inc.)
Alterations, Additions, and Improvements. A. Subject to the limitation that no substantial portion provisions of Exhibit D, and except as provided below, Tenant covenants and agrees not to make or allow to be made any alterations or improvements to or in the Building or to any of the building premises shall be demolished Building systems outside of the Leased Premises, or removed by Lessee to any structural elements within the Leased Premises, without prior first obtaining the written consent of LessorLandlord, which shall not be unreasonably withheld, conditioned or delayed if such alterations or improvements are consistent with and beneficial to the Tenant’s Permitted Use of the Leased Premises. Tenant may make non-structural alterations within the Leased Premises without Landlord’s prior written consent, except as otherwise required in Exhibit D for the initial Tenant Work, and if necessary, of in Exhibit C for initial tenant improvements in any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, make any Expansion Space. Any alterations, physical additions or improvements when made to or in the Leased Premises by Tenant, whether temporary or permanent in character (other than Trade Fixtures), shall be deemed a part of the Property and at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise, or, at Landlord’s option, shall be removed by Tenant and Tenant shall repair any damage caused or associated with such removal upon the expiration or earlier termination of the term of this Lease; provided, however, this clause shall not apply to Trade Fixtures. All structural alterations, improvements and additions in and to the building premisesLeased Premises and all alterations or physical additions to the exterior of the Building or any of the Building systems requested or performed by Tenant shall be in accordance with plans and specifications which have been previously submitted to Landlord and approved in writing by Landlord. Alterations Except as provided in Exhibit D, any alterations within the Leased Premises shall be performed at Tenant’s expense. Any structural, exterior or Building systems work approved by Landlord shall be accomplished by Tenant utilizing licensed contractors and subcontractors. All work performed by Tenant and its contractors and subcontractors shall be subject to the following conditions: (a) Tenant shall maintain public liability insurance in a workmanlike manner amounts not less than $1,000,000 per occurrence and $2,000,000 aggregate, insuring Tenant and Landlord against any liability that may arise on account of such construction and Tenant shall not weaken or impair the structural strength, or lessen the value, of the building premises, or change the purposes for which the building or any part thereof, may be used.
B. Conditions maintain xxxxxxx’x compensation insurance covering all persons employed by Tenant and will require its contractors and subcontractors to maintain xxxxxxx’x compensation insurance in connection with such work and with respect to alterationswhom death or bodily injury claims could be asserted against Tenant and/or Landlord or their respective property; (c) such construction shall not unreasonably interfere with the use by other lessees of their demised premises in the Property or Landlord’s activities with respect to the Property; (d) a certificate of insurance for each contractor and subcontractor must be submitted to the Landlord for approval, additions or improvements are as follows:
(1) Before including without limitation, the type and amount of the insurance coverage, prior to commencement of any work construction; (e) Tenant shall use reasonable efforts to insure that all plans Tenant’s contractors and specifications shall subcontractors will be submitted, filed with, cooperative with Property personnel and approved by comply with all governmental departments or authorities having jurisdiction Property Rules and any public utility company having an interest therein, and Regulations; (f) all work construction shall be done in a good and workmanlike manner utilizing high quality materials, and any structural, exterior or Building system work approved by Landlord shall be pursuant to plans approved in advance by Landlord (except as otherwise provided in this Lease), and such work shall be certified by Tenant’s architect to have been constructed in accordance with requirements of all applicable governmental regulations. The plans the Tenant’s plans, and specifications for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more such certification shall be submitted provided to Lessor. However, all alternations to the structure walls Landlord; (g) lien releases from each contractor and roof of the building regardless of cost subcontractor must be submitted to Lessor for written approval the Landlord within thirty (30) days after completion; and (h) all construction shall comply with all applicable governmental laws, rules and regulations, including procuring all necessary permits and approvals prior to commencement of work.
(2) Prior to the commencement of any such work, Lessee . Tenant shall pay notify Landlord in writing of the amount completion of the approved changes or alterations. Landlord (or its authorized representative) shall have the right at any increase in premiums on insurance policies provided time to inspect such changes or alterations for herein because of endorsements to be made covering workmanship and compliance with the risk during the course of work.
(3) All alterations, additionspreviously approved plans and specifications, and improvements to the leased premises at the commencement of the term, and that may be erected Tenant shall promptly correct all material deviations or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lesseedefects discovered in such changes or alterations.
Appears in 1 contract
Samples: Lease Agreement (Pharmaceutical Product Development Inc)
Alterations, Additions, and Improvements. A. Subject Tenant shall not make any alterations, additions, or improvements to the limitation that no substantial portion Leased Premises, Building or Property without Landlord’s prior written consent. Landlord shall provide Tenant with notice approving or reasonably disapproving any such alterations, additions, or improvements within five (5) business days after Landlord’s receipt of the building premises request from Tenant. If Landlord disapproves the request, Landlord’s notice of disapproval shall describe with reasonable specificity the basis for such disapproval and the changes that would be demolished necessary to resolve Landlord’s objections. If Landlord disapproves the request, Tenant may modify the request and resubmit it for Landlord’s review and approval. Such procedure may be repeated as necessary until Landlord has approved the request. Landlord shall not unreasonably withhold its consent to any interior alteration, addition or removed by Lessee without prior written consent improvement that does not affect the structural components of Lessorthe Building or the electrical, plumbing or heating, air-conditioning or ventilating systems of the Leased Premises and/or the Building. Landlord may require Tenant to provide demolition and/or payment and if necessary, of any mortgagee, Lessee may, at any time during the lease term, subject performance bonds in form and amount reasonably satisfactory to the conditions set forth below and at its own expense, make Landlord for any alterations, additions or improvements that Landlord approves. All alterations, addition and improvements will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all applicable laws and regulations by a licensed and bonded contractor approved in advance by Landlord, which approval shall not be unreasonably withheld. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans (to the building premisesextent in Tenant’s possession or under Tenant’s control), copies of all construction contracts, proof of payment for all labor and materials, and a notarized affidavit from Tenant’s contractor(s) that all amounts due for work done and materials furnished have been paid. Alterations At the end of the Term of this Lease, Tenant shall not be obligated to remove any alterations, additions, or improvements (including any cabling), or restore the Leased Premises; provided, however, Tenant shall remove its personal property, furniture, trade fixtures and equipment. Notwithstanding anything herein to the contrary, after the completion of Tenant’s Work, Landlord’s consent shall not be required for any alterations, additions, or improvements that meet all of the following conditions (“Non-Consent Alterations”): (i) do not violate applicable laws, (ii) do not affect structural elements of the Building or Building systems (e.g., plumbing, electric, mechanical, life safety), and (iii) are not visible from the Common Areas, provided, however, Tenant shall notify Landlord of such Non-Consent Alterations.
B. NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE LEASED PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE LEASED PREMISES AND ALL CONTRACTORS, SUBCONTRACTORS, MATERIALMEN, MECHANICS, LABORERS AND OTHERS CONTRACTING WITH TENANT, AND/OR ANY SUBTENANT OF TENANT AND/OR ANY OTHER OCCUPANT(S) OF THE LEASED PREMISES, FOR THE CONSTRUCTION, INSTALLATION, ALTERATION OR REPAIR OF ANY IMPROVEMENTS TO THE LEASED PREMISES ARE HEREBY CHARGED WITH NOTICE THAT THEY MUST LOOK ONLY TO TENANT AND TO TENANT’S INTEREST IN THE LEASED PREMISES TO SECURE THE PAYMENT OF ANY CHARGES FOR WORK DONE AND/OR MATERIALS FURNISHED AT THE LEASED PREMISES. Nothing contained in this Lease shall be performed construed as a consent on the part of Landlord to subject the estate of Landlord to liability under the Construction Lien Law of the State of Florida, it being expressly understood that the Landlord’s estate shall not be subject to such liability. Tenant shall pay when due all claims for labor and materials furnished to the Leased Premises, Building or Property. Tenant shall give Landlord at least ten (10) days’ prior written notice of the commencement of any work on the Leased Premises, Building or Property. Landlord and Tenant agree that Tenant will not have authority to create or suffer any lien for labor or materials on Landlord’s interest in the Leased Premises, the Building or the Property. Notwithstanding the foregoing, if for any reason whatsoever, any mechanic’s or other lien shall be filed against the Leased Premises or any other part of the Building or the Property, purporting to be for labor or material furnished or to be furnished at the request of Tenant or anyone claiming by, through or under Tenant, then Tenant shall, at its expense, cause such lien to be discharged of record by payment, bond or otherwise as allowed by law, within twenty (20) days after actual knowledge of the filing thereof. If Tenant shall fail to cause the lien to be discharged of record within such twenty (20) day period, Tenant shall be in default under this Lease and (without waiving such Default) Landlord, in addition to any other rights and remedies it may have under this Lease may, but shall not be obligated to, cause such lien to be discharged by payment, bond or otherwise, without investigation as to the validity thereof or as to any offsets or defenses thereto, and Tenant shall, within twenty (20) days after request, reimburse Landlord for all amounts paid and incurred, including reasonable attorneys’ fees and interest thereon at the rate of 12% per annum (but in no event greater than the maximum non-usurious rate permitted under Florida law) from the respective dates of Landlord’s payments. Landlord may elect to record and post notices of non-responsibility on the Leased Premises, the Building or Property, with respect to any such liens.
C. Tenant shall at its sole cost and expense perform and Substantially Complete, in accordance with the Tenant Work Letter attached hereto as Exhibit F, at least the scope of work listed in Exhibit F-1 attached hereto within the Leased Premises (the “Tenant’s Work”). As an inducement for Landlord to enter into this Lease, Tenant agrees to spend at least $2,000,000.00 in the performance of Tenant’s Work. Tenant’s Work shall be completed at Tenant’s sole cost and expense in a good workmanlike manner and shall not weaken or impair the structural strength, or lessen the value, of the building premises, or change the purposes for which the building or in compliance with all applicable laws. Tenant acknowledges and agrees that it will cooperate with Landlord in connection with any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are performed by Tenant (including, but not limited to, Tenant’s Work) so as follows:
(1) Before commencement to not unreasonably disturb or interfere with the occupancy of any work all plans other tenant or occupant of the Building or the Property or the performance of Landlord’s Work. Tenant and specifications shall be submittedLandlord agree to cooperate with each other in connection with Tenant’s Work and Landlord’s Work, filed withrespectively, so as to not unreasonably disturb or interfere with the other in the performance of such work; provided, however, Tenant hereby acknowledges and approved by all governmental departments or authorities having jurisdiction agrees that in the event both Landlord and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations Tenant need access to the structure walls and roof same space the completion of Landlord’s Work takes precedence over the building regardless completion of cost must be submitted to Lessor for written approval prior to commencement of workTenant’s Work.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) All alterations, additions, and improvements to the leased premises at the commencement of the term, and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lessee.
Appears in 1 contract
Samples: Warehouse Space Lease Agreement (Body Central Corp)
Alterations, Additions, and Improvements. A. Subject Tenant will not make or allow to be made any alterations, additions, or improvements in or to the limitation that no substantial portion of Demised Premises without the building premises shall be demolished or removed by Lessee without prior written consent of LessorLandlord before performance; such consent will not be unreasonably withheld, but Landlord may impose, as a condition of such consent, such requirements as Landlord in its sole discretion may deem reasonable or desirable, including, without limiting the generality of the foregoing, requirements as to the manner in which, the time or times at which, and if necessary, of the contractor by whom such work shall be done. Tenant shall not incorporate any mortgagee, Lessee may, at any time hazardous materials (as hereinafter defined) into the Demised Premises during the lease termperformance of the alterations, subject additions, or improvements. All alterations, additions, or improvements when made to the conditions set forth below Demised Premises by Tenant shall be surrendered to Landlord and at its own expensebecome the property of Landlord upon termination in any manner of this Lease, make any but this clause shall not apply to movable non-attached fixtures or furniture of Tenant. If, however, prior to termination of this Lease, or within fifteen (15) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall promptly remove such alterations, additions additions, or improvements improvements, which were placed in or on the Demised Premises by Tenant and to the building premises. Alterations shall be performed which are designated in a workmanlike manner said notice and shall not weaken or impair the structural strength, or lessen the value, of the building premises, or change the purposes for which the building or repair any part thereof, damage occasioned by such removal and in default thereof Landlord may be used.
B. Conditions effect said removals and repairs at Tenant's sole cost and expense. All work with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all plans and specifications shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) All alterations, additions, and improvements must be done in a good and workmanlike manner and diligently prosecuted to completion to the leased end that the improvements on the Demised Premises shall at all times be a complete unit except during the period of work. Any such alterations, additions and improvements shall be performed and done strictly in accordance with the laws and ordinances relating Revised 3/90 2 4 Underwriters, Fire Rating Bureau, or similar organization. Tenant shall obain at its sole cost and expense all required licenses and permits. In performing the work of any such alterations, additions or improvements, Tenant shall have the work performed in such a manner so as not to obstruct the access to the Building or the demised premises at of any other tenant. Before commencing any such work or construction in or about the commencement Demised Premises, Tenant shall notify Landlord in writing of the termexpected date of commencement thereof. Landlord shall have the right at any time and from time to time to post and maintain on the Demised Premises such notices as Landlord deems necessary to protect the Demised Premises and Landlord from the liens of mechanics, laborers, materialmen, suppliers or vendors. If any mechanic's lien is filed against the Demised Premises or the real estate of which the Demised Premises form a part, which lien concerns the Tenant and/or the Demised Premises, Tenant shall cause same to be discharged within ten (10) days after the lien is filed by Tenant paying or bonding over said lien. Notwithstanding the foregoing, Tenant shall use Landlord's contractors for alterations to or alterations affecting any of the following: heating, ventilation, air conditioning, electrical, plumbing and life safety systems. Tenant shall promptly pay to Landlord's contractors, when due, the cost of all such alterations. Tenant shall also pay to Landlord a fifteen percent (15%) administrative fee to reimburse Landlord for all overhead, general conditions, fees and other costs and expenses arising from the involvement of Landlord or landlord's agent with the alterations. Said percentage shall be payable within thirty (30) days after completion of the alterations. LEGAL USE AND VIOLATIONS OF INSURANCE COVERAGE 5. Tenant will not occupy or use, nor permit any portion of the Demised Premises to be occupied or used for any business or purpose which is unlawful in part or in whole or deemed to be disreputable in any manner, or extra hazardous on account of fire, nor permit anything to be done which will in any way increase the rate of fire insurance on the Building or contents, and in the event that, by reason of acts of Tenant, there shall be any increase in rate of insurance on the Building or contents created by Tenant's acts or conduct of business, then Tenant hereby agrees to pay such increase. Nor will Tenant use or occupy the Premises or permit the same to be used for any purpose whatsoever other than the Permitted Use defined herein. Tenant acknowledges and understands that may be erected or installed during the term, shall become part proper tenant mix of the leased premises and Office Building is essential to the sole property successful operation of the Lessor, except Office Building and that all movable the restriction against the unauthorized use of the premises is not intended to act as a restraint on trade fixtures installed by Lessee shall be but to protect and remain insure the property of Lessee.correct tenant mix. LAWS AND REGULATIONS
Appears in 1 contract
Samples: Office Building Lease (Credit Management Solutions Inc)
Alterations, Additions, and Improvements. A. Subject Tenant shall not permit, make or allow to be made any construction, alterations, physical additions or improvements in or to the limitation that no substantial portion Premises or placement of any signs in the building premises shall be demolished or removed by Lessee Premises which are visible from outside the Premises (collectively, “Tenant Work”), without first obtaining the prior written consent of LessorLandlord which may be withheld in Landlord’s sole discretion. Notwithstanding the foregoing, Landlord will not unreasonably withhold its consent to Tenant Work that: (i) does not adversely affect the Building structural, mechanical, electrical, plumbing, heating, ventilating, air conditioning, life safety or other base Building improvements or systems, (ii) is not visible from the exterior of the Premises or the Building, (iii) does not affect the exterior of the Building or any public areas of the Project, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and if necessary, (vi) will not interfere with the use and occupancy of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, make any alterations, additions or improvements in and to the building premises. Alterations shall be performed in a workmanlike manner and shall not weaken or impair the structural strength, or lessen the value, other portion of the building premises, Project by any other tenant or change occupant of the purposes for which the building or any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all Project. Tenant’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be submittedsubject to Landlord’s prior written approval. If requested by Landlord, Tenant shall execute a Work Letter Agreement for any such Tenant Work substantially in the form attached hereto as Exhibit D. Tenant shall pay Landlord ten percent (10%) of the cost and expenses of any Tenant Work whether undertaken by Landlord or Tenant as a construction oversight fee and for administrative cost recovery, provided, however, that such fee shall not apply to construction of any Initial Improvements. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the reasonable and actual cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with Applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which may arise out of such work, plans and specifications, and permits for such Tenant Work. Any and all Tenant Work shall become the property of Landlord upon completion and shall be surrendered to Landlord upon the termination or expiration of this Lease for any reason, unless Landlord shall require removal or restoration by Tenant. Tenant shall not allow any liens to be filed against the Premises or the Project in connection with any Tenant Work. If any liens are filed, Tenant shall cause the same to be released within ten (10) business days after filing by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in material compliance with, and approved by all governmental departments Section 20. XXXXX 25 (or authorities having jurisdiction and any public utility company having an interest therein, and all work its equivalent) certificates of insurance evidencing such coverage shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated provided to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval Landlord prior to commencement of work.
(2) any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to commencement final completion of any workTenant Work, Lessee Landlord shall pay the amount prepare and submit to Tenant a punch list of any increase in premiums on insurance policies provided for herein because of endorsements items to be made covering the risk during the course of work.
(3) All alterations, additionscompleted, and improvements to the leased premises at the commencement of the term, and that may be erected or installed during the term, Tenant shall become part of the leased premises and the sole property of the Lessor, except that diligently complete all movable trade fixtures installed by Lessee shall be and remain the property of Lesseesuch punch list items.
Appears in 1 contract
Samples: Lease Agreement (Hyperdynamics Corp)
Alterations, Additions, and Improvements. A. Subject to Tenant may not create any openings in the limitation that no substantial portion of the building premises shall be demolished roof or removed by Lessee without prior written consent of Lessorexterior walls, and if necessary, of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, or make any alterations, additions or improvements in and to the building premises. Alterations shall be performed in a workmanlike manner and Premises without the prior written consent of Landlord, which consent shall not weaken be unreasonably withheld or impair the delayed. If Tenant requests Landlord's consent to any alterations, additions or improvements, Tenant may also request Landlord to advise Tenant whether Landlord will require Tenant to remove such alteration, addition or improvement upon termination of this Lease as provided in Section 7.04 below. Landlord's consent shall not be required for non-structural strength, or lessen the value, of the building premises, or change the purposes for which the building or any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:
costing less than $25,000 (1which amount shall be adjusted annually in proportion to increase in CPI) Before commencement in any calendar year ("Minor Alteration"). Tenant may erect or install trade fixtures, shelves, bins, machinery, heating, ventilating and air conditioning equipment, provided that Tenant complies with all applicable governmental laws, ordinances, codes, and regulations. At the expiration or termination of this Lease, Tenant may, subject to the restrictions of Section 7.04 below, remove items installed by Tenant, provided Tenant is not in default at the time of the removal and provided further that Tenant repairs, at the time of removal of the items, in a good and workmanlike manner, any damage caused by the installation or removal. Tenant shall pay for all costs incurred or arising out of alterations, additions or improvements in or to the Premises and will not permit any mechanic's or materialman's lien to be filed against the Premises, unless being contested in good faith. Upon request by Landlord, Tenant shall deliver to Landlord proof of payment reasonably satisfactory to Landlord of all costs incurred or arising out of any alterations, additions, or improvements. Notwithstanding any provision of this Section 7.03 to the contrary, Tenant shall provide Landlord with at least 15 business days written notice of any Minor Alteration stating: (i) the nature of the Minor Alteration, (ii) verification that the Minor Alteration will not affect the structural or base Building systems and that the cost of the Minor Alteration is less than $25,000, (iii) the name of the contractor performing the Minor Alteration, and (iv) the anticipated commencement date of construction and completion date. Any work all plans and specifications performed by Tenant pursuant to this Section 7.03 shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done performed in accordance with requirements of all applicable governmental laws, ordinances, codes and regulations. The plans and specifications If requested by Landlord, Tenant shall provide Landlord with written evidence of insurance coverage, in amounts reasonably acceptable to Landlord, for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations damage to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work.
(2) Prior to commencement of any workPremises, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk property or person during the course of work.
construction of any work pursuant to this Section 7.03. Any contractors performing work on behalf of Tenant shall be required to carry worker's compensation insurance. Tenant shall promptly pay any and all costs and expenses incurred in connection with any work performed hereunder and shall not cause or permit any liens, or allow liens to exist, attach to or encumber Landlord's interest in the Premises. If any such lien attaches against the Premises, Tenant shall cause the lien to be removed of record (3by payment or by bond) within 20 days after Landlord's demand. In the event that such lien is not removed in said 20-day period, Landlord shall have the right to take any action it deems necessary to remove and release the lien from the Premises. All alterations, additions, and improvements to expenses (including reasonable attorney fees) incurred by Landlord in connection with the leased premises at the commencement release of the term, and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee lien shall be considered Rent under this Lease and remain the property of Lesseeshall be immediately due and payable by Tenant.
Appears in 1 contract
Samples: Earnest Money Contract (Rich Uncles NNN REIT, Inc.)
Alterations, Additions, and Improvements. A. Subject After the Commencement Date, Tenant shall not permit, make or allow to be made any construction, alterations, physical additions or improvements in or to the limitation that no substantial portion of Premises without obtaining the building premises shall be demolished or removed by Lessee without prior written consent of LessorLandlord, which shall not be unreasonably withheld (“Tenant Work”). Notwithstanding the foregoing, Landlord will not unreasonably withhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, (ii) is not visible from the exterior of the Premises, (iii) does not affect the exterior of the Building or any Common Areas, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and if necessary, (vi) will not interfere with the use and occupancy of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, make any alterations, additions or improvements in and to the building premises. Alterations shall be performed in a workmanlike manner and shall not weaken or impair the structural strength, or lessen the value, other portion of the building premises, Project by any other tenant or change occupant of the purposes for which the building or any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all Project. Tenant’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be submittedsubject to Landlord’s prior written approval. If requested by Landlord, filed withTenant shall execute a work letter for any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of the Building. Tenant shall pay Landlord a construction oversight fee in an amount equal to ten percent (10%) of the cost and expense of any Tenant Work whether undertaken by Landlord or Tenant. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and approved Tenant shall reimburse Landlord for the reasonable cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including, without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all governmental departments or authorities having jurisdiction costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which may arise out of such work, plans and any public utility company having an interest thereinspecifications, and all work permits for such Tenant Work. All Building Standard Tenant Work shall become the property of Landlord upon completion and shall be done in accordance with requirements surrendered to Landlord upon the expiration or earlier termination of all applicable governmental regulations. The plans and specifications for any alternations estimated this Lease or Tenant’s right to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls and roof possession of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) Premises under this Lease. All alterations, additions, and improvements to the leased premises at the commencement of the term, and Tenant Work that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee is Above Standard shall be and remain the property of LesseeTenant, and shall be maintained by Tenant in good condition and repair throughout the Term, until the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, at which time such Tenant Work shall become the property of Landlord and shall be surrendered to Landlord with the Premises, unless Landlord specifies, at the time of the approval of the installation of such Above Standard Tenant Work, that Landlord will require Tenant to remove same upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease. Any Tenant Work that Tenant is required to remove from the Premises upon the expiration or earlier termination of the Lease or Tenant’s right to possession of the Premises under the Lease shall be removed at Tenant’s sole expense, and Tenant shall, at Tenant’s expense, San Fxxxxx Plaza/Summer Energy Holdings, Inc. DocuSign Envelope ID: A1357CC3-ED4D-47DF-A5FB-22FC3BC9DEAD promptly repair any damage to the Premises or the Building caused by such removal. Tenant shall not allow any liens to be filed against the Premises or the Project in connection with any Tenant Work. If any liens are filed, Tenant shall cause the same to be released within five (5) days after Tenant’s receipt of written notice of the filing of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section An AXXXX 25 (or its equivalent) certificates of insurance in the most recent edition available evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to final completion of any Tenant Work, Landlord shall prepare and submit to Tenant a punch list of items to be completed, and Tenant shall diligently complete all such punch list items.
Appears in 1 contract
Samples: Commercial Lease Agreement (Summer Energy Holdings Inc)
Alterations, Additions, and Improvements. A. Subject No alterations, additions, or improvements (“Alterations”) shall be made to the limitation that no substantial portion of the building premises shall be demolished or removed Premises by Lessee without the prior written consent of Lessor which Lessor will not unreasonably withhold, condition or delay, provided, however, that Lessee may make Alterations (including removal and rearrangement of Lessee Improvements and prior Alterations) which do not affect the Building 8 systems, exterior appearance, structural components or structural integrity, which do not require a building permit and which do not exceed Fifty Thousand Dollars ($50,000) individually, or collectively exceed One Hundred Thousand Dollars ($100,000) in cost within any twelve (12) month period, without Lessor’s prior written consent. As a condition to Lessor’s obligation to consider any request for consent hereunder, Lessee shall pay Lessor upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations, and if necessaryconsent is granted, within ten (10) days after Lessee executes a construction contract, a construction management fee equal to one percent (1%) of all costs of demolition, construction and installation of any mortgageeAlterations; the fee shall be adjusted on thirty (30) days notice after cancellation of the Alterations and a determination of final costs of same, which Lessee shall provide to Lessor along with all supporting documentation within said thirty (30) days. Lessor may require Lessee to remove any such Alterations (except the “Removable Alterations” described on Schedule 2 hereto) at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that Lessor shall make such election, if at all, at the time consent to such Alteration is given, if such election is requested in writing of Lessor at such time by Lessee. Notwithstanding the foregoing, if Lessee installs an internal stairway between the fourth floor and the fifth floor of Building 8, then Lessor may, at any time during the lease termLease Term, subject in Lessor’s sole discretion, require Lessee to remove such stairway upon the expiration or earlier termination of this Lease. All Alterations to be made to the conditions set forth below and at its own expense, make any alterations, additions or improvements in and to the building premises. Alterations Premises shall be performed in made under the supervision of a workmanlike manner competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Lessor) and shall not weaken or impair the structural strength, or lessen the value, of the building premises, or change the purposes for which the building or any part thereof, may be used.
B. Conditions made in accordance with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all plans and specifications shall be submitted, filed with, which have been furnished to and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done Lessor in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval writing prior to commencement of work.
. All Alterations requiring a building permit shall be designed, constructed and installed at the sole cost and expense of Lessee by California licensed architects, engineers, and contractors approved by Lessor, in compliance with all applicable law, and in good and workmanlike manner, and shall have been approved in writing by Redwood City and any other applicable governmental agencies. Such approvals shall not be unreasonably withheld, conditioned or delayed by Lessor. Subject to Lessor’s right to have Lessee retain ownership and remove same, any Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Lessee, , together with all property that has become an integral part of the Premises such as fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems and any power generator and transfer switches, shall not be deemed trade fixtures and shall become the property of Lessor at the expiration or sooner termination of the Lease, unless Lessor directs otherwise. Lessee shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (230) Prior to commencement days after completion of any workAlteration, Lessee shall pay the amount provide Lessor with a complete set of any increase in premiums on insurance policies provided both hard copies and CAD drawings of “as built” plans for herein because of endorsements same. The Lessor’s Work shall not be deemed “Alterations” and Lessee shall have no obligation to be made covering the risk during the course of work.
(3) All alterations, additions, and improvements to the leased premises at the commencement of the term, and that may be erected remove or installed during the term, shall become part of the leased premises and the sole property of restore the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain ’s Work upon the property expiration or earlier termination of Lesseethis Lease.
Appears in 1 contract
Samples: Triple Net Space Lease (Threshold Pharmaceuticals Inc)
Alterations, Additions, and Improvements. A. Subject to the limitation that no substantial portion provisions of the building premises shall be demolished or removed by Lessee without prior written consent of Lessor, and if necessary, of any mortgageethis Article IV, Lessee maymay make any alterations, at any time during the lease termadditions, subject improvements or other changes to the conditions set forth below and at its own expensePremises or the Relevant Assets (collectively, make any the “Additional Improvements”). If such Additional Improvements require alterations, additions or improvements in and to the building premises. Alterations shall be performed in a workmanlike manner and shall not weaken Premises or impair the structural strength, or lessen the value, any of the building premises, or change the purposes for which the building or any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all plans and specifications shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work.
(2) Prior to commencement of any workShared Access Facilities, Lessee shall pay notify Lessor in writing in advance and the amount Parties shall negotiate in good faith any increase to the fees paid by Lessee under the Site Services Agreement or otherwise provide for reimbursement of any material increase in premiums on insurance policies provided for herein because of endorsements cost (if any) to be made covering Lessor under the risk during the course of work.
(3) All alterations, additions, and improvements Site Services Agreement that results from any modifications to the leased premises at Premises or the commencement of Shared Access Facilities necessary to accommodate the termAdditional Improvements, or as otherwise mutually agreed by the parties. Any alteration, addition, improvement or other change to the Premises, Relevant Assets or Additional Improvements (and, if agreed by Lessee and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed to the Shared Access Facilities) by Lessee shall be made in а good and workmanlike manner and in accordance with all Applicable Laws. On or before the date that is 180 days prior to the expiration or termination of this Lease (or, with respect to any termination for which a shorter notice period is provided in this Lease, such shorter period), Lessee shall notify Lessor of its option to either (a) remove the Relevant Assets and Additional Improvements at the end of the Term or (b) surrender the Relevant Assets and Additional Improvements at the end of the Term to Lessor. If Lessee elects to remove the Relevant Assets and Additional Improvements at the end of the Term, the Relevant Assets and all Additional Improvements shall remain the property of Lessee and shall be removed by Lessee within one year after expiration or termination of this Lease (or such longer period as may be required for Lessee to comply with the requirements of appropriate Governmental Authorities; provided, that Lessee shall use commercially reasonable efforts to remove the Relevant Assets and the Additional Improvements as promptly as practicable). If Lessee elects to surrender the Relevant Assets and Additional Improvements at the end of the Term, the Relevant Assets and Additional Improvements shall be surrendered to Lessor upon the expiration or termination of this Lease. In the event that Lessee fails to remove the Relevant Assets and Additional Improvements within one year after the expiration or termination of this Lease (or such longer period as may be required for Lessee to comply with the requirements of appropriate Governmental Authorities; provided, that Lessee shall use commercially reasonable efforts to remove the Relevant Assets and the Additional Improvements as promptly as practicable), the Relevant Assets and Additional Improvements shall be deemed abandoned by Lessee and shall, at Lessor’s option, become the property of Lessor or disposed of by Lessor at Lessee.’s cost and expense. Lessee shall not have the right or power to create or permit any lien of any kind or character on the Premises. In the event any such lien is filed against the Premises, Lessee shall cause such lien to be discharged or bonded within 30 days of the date of filing thereof. HOU03:1337014 - 9 -
Appears in 1 contract
Alterations, Additions, and Improvements. A. Subject Except for nonstructural alterations which do not affect the electrical or mechanical systems of the Building, Tenant shall not make any alterations of, additions, or improvements to the limitation that no substantial Leased Premises without first obtaining the express written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. Unless otherwise provided by the terms of Landlord's consent to the making thereof, all alterations shall be part of the Leased Premises and shall remain upon the Leased Premises upon termination of this Lease or any portion thereof. No additional buildings or structures may be built by Tenant on any portion of the building premises Premises. Upon any request for approval of alterations or additions, Tenant shall submit to Landlord complete plans and specifications and such other information as Landlord may reasonably require to evaluate Tenant's proposed changes; provided, however, that if Tenant's proposed work is to be performed without the preparation of plans and specifications, Tenant may submit a written description of the proposed work adequate to allow Landlord to evaluate Tenant's request for approval. Landlord agrees to approve or deny Tenant's request within twenty-one (21) days from the date all required plans and other information are submitted to Landlord. If Landlord fails to respond within said twenty-one (21) day period, such failure shall be demolished or removed by Lessee without prior written consent deemed to be approval of LessorTenant's request. If Landlord denies Tenant's request, Landlord agrees to state its reasons for such denial, to meet and confer with Tenant within five (5) days after its denial for the purpose of attempting to resolve Landlord's objections which caused it to deny approval, and if necessaryto grant Tenant the opportunity to resubmit revised plans and specifications accordingly. In the event of such resubmission, Landlord shall respond within seven (7) days after the resubmission, and its failure to do so shall constitute approval. Any and all improvements constructed on the Leased Premises shall at all times comply, when constructed, with all laws of any mortgageegovernmental authority having jurisdiction over the Leased Premises and any condition, Lessee mayrestriction or other matter of record title to which the Leased Premises are subject. Any and all alterations, at any time during additions and/or improvements hereafter to be erected on the lease termLeased Premises by Tenant shall be constructed in a good and workmanlike manner, subject to and in compliance with all applicable building laws, environmental requirements, and the like, and in accordance with zoning as aforesaid and in full compliance with the terms and conditions set forth below and of this Lease. Tenant shall, at its own cost and expense, make obtain all permits and licenses which may be required for its occupancy and use of the Leased Premises and for any alterations, additions or improvements in improvements. In the event that any building permits or the like shall require joinder therein by Landlord, Landlord agrees to execute such instruments as may be reasonably required for said purpose; but any and to the building premises. Alterations all proceedings shall be performed in a workmanlike manner and shall not weaken or impair the structural strength, or lessen the value, of the building premises, or change the purposes for which the building or any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all plans and specifications shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) All alterations, additions, and improvements to the leased premises solely at the commencement cost and expense of the termTenant, and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lesseewithout Landlord being required to respond thereto in any manner whatsoever.
Appears in 1 contract
Samples: Lease (Streamline Com Inc)
Alterations, Additions, and Improvements. A. Subject After the Commencement Date, Tenant shall not permit, make or allow to be made any construction, alterations, physical additions or improvements in or to the limitation that no substantial portion of Premises without obtaining the building premises shall be demolished or removed by Lessee without prior written consent of LessorLandlord, which shall not be unreasonably withheld (“Tenant Work”), nor place any signs in the Premises which are visible from outside the Premises, without obtaining the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion. For purposes of clarification, Initial Improvements are not considered “Tenant Work” for purposes of this Section 16. Notwithstanding the foregoing, Landlord will not unreasonably withhold its consent to Tenant Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, (ii) is not visible from the exterior of the Premises, (iii) does not affect the exterior of the Building or any Common Areas, (iv) does not violate any provision of this Lease, (v) does not violate any Laws, and if necessary, (vi) will not interfere with the use and occupancy of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, make any alterations, additions or improvements in and to the building premises. Alterations shall be performed in a workmanlike manner and shall not weaken or impair the structural strength, or lessen the value, other portion of the building premises, Project by any other tenant or change occupant of the purposes for which the building or any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all Project. Tenant’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be submittedsubject to Landlord’s prior written approval. If requested by Landlord, filed withTenant shall execute a work letter for any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of the Building. Tenant shall pay Landlord a construction oversight fee in an amount equal to five percent (5%) of the cost and expense of any Tenant Work whether undertaken by Landlord or Tenant; the construction oversight or management fee, if any, applicable to construction of the Initial Improvements shall be governed by the terms of the Work Letter and not by the provisions of this Section. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and approved Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, in an amount not to exceed $2,500.00, within thirty (30) days of demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions on Tenant Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all governmental departments or authorities having jurisdiction costs to be incurred in connection with such Tenant Work, insurance covering Landlord against liabilities which may arise out of such work, plans and any public utility company having an interest thereinspecifications, and all work permits for such Tenant Work. All Building Standard Tenant Work shall become the property of Landlord upon completion and shall be done in accordance with requirements surrendered to Landlord upon the expiration or earlier termination of all applicable governmental regulations. The plans and specifications for any alternations estimated this Lease or Tenant’s right to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls and roof possession of the building regardless Premises under this Lease, unless Landlord shall require removal or restoration of cost must be submitted to Lessor for written approval prior to commencement of work.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) such Tenant Work by Tenant. All alterations, additions, and improvements to the leased premises at the commencement of the term, and Tenant Work that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee is Above Standard shall be and remain the property of LesseeTenant, and shall be maintained by Tenant in good condition and repair throughout the Term, until the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, at which time such Tenant Work shall become the property of Landlord and shall be surrendered to Landlord with the Premises, unless Landlord specifies, at the time of the approval of the installation of such Above Standard Tenant Work, that Landlord will require Tenant to remove same upon the expiration or earlier termination of the Lease or Tenant’s right to possession of the Premises under the Lease. Any Tenant Work that Tenant is required to remove from the Premises upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease shall be removed at Tenant’s sole expense, and Tenant shall, at Tenant’s expense, promptly repair any damage to the Premises or the Building caused by such removal. Tenant shall not allow any liens to be filed against the Premises or the Project in connection with any Tenant Work. If any liens are filed, Tenant shall cause the same to be released within five (5) days after Tenant’s receipt of written notice of the filing of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. An XXXXX 25 (or its equivalent) certificates of insurance in the most recent edition available evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to final completion of any Tenant Work, Landlord shall prepare and submit to Tenant a punch list of items to be completed, and Tenant shall diligently complete all such punch list items.
Appears in 1 contract
Alterations, Additions, and Improvements. A. Subject to the limitation that no substantial portion provisions of the building premises shall be demolished or removed by Lessee without prior written consent of Lessor, and if necessary, of any mortgageethis Article IV, Lessee maymay make any alterations, at any time during the lease termadditions, subject improvements or other changes to the conditions set forth below and at its own expensePremises or the Relevant Assets (collectively, make any the “Additional Improvements”). If such Additional Improvements require alterations, additions or improvements in and to the building premises. Alterations shall be performed in a workmanlike manner and shall not weaken Premises or impair the structural strength, or lessen the value, any of the building premises, or change the purposes for which the building or any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all plans and specifications shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work.
(2) Prior to commencement of any workShared Access Facilities, Lessee shall pay notify Lessor in writing in advance and the amount Parties shall negotiate in good faith any increase to the fees paid by Lessee under the Site Services Agreement or otherwise provide for reimbursement of any material increase in premiums on insurance policies provided for herein because of endorsements cost (if any) to be made covering Lessor under the risk during the course of work.
(3) All alterations, additions, and improvements Site Services Agreement that results from any modifications to the leased premises at Premises or the commencement of Shared Access Facilities necessary to accommodate the termAdditional Improvements, or as otherwise mutually agreed by the parties. Any alteration, addition, improvement or other change to the Premises, Relevant Assets or Additional Improvements (and, if agreed by Lessee and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed to the Shared Access Facilities) by Lessee shall be made in a good and workmanlike manner and in accordance with all Applicable Laws. On or before the date that is 180 days prior to the expiration or termination of this Lease (or, with respect to any termination for which a shorter notice period is provided in this Lease, such shorter period), Lessee shall notify Lessor of its option to either (a) remove the Relevant Assets and Additional Improvements at the end of the Term or (b) surrender the Relevant Assets and Additional Improvements at the end of the Term to Lessor. If Lessee elects to remove the Relevant Assets and Additional Improvements at the end of the Term, the Relevant Assets and all Additional Improvements shall remain the property of Lessee and shall be removed by Lessee within one year after expiration or termination of this Lease (or such longer period as may be required for Lessee to comply with the requirements of appropriate Governmental Authorities; provided, that Lessee shall use commercially reasonable efforts to remove the Relevant Assets and the Additional Improvements as promptly as practicable). If Lessee elects to surrender the Relevant Assets and Additional Improvements at the end of the Term, the Relevant Assets and Additional Improvements shall be surrendered to Lessor upon the expiration or termination of this Lease. In the event that Lessee fails to remove the Relevant Assets and Additional Improvements within one year after the expiration or termination of this Lease (or such longer period as may be required for Lessee to comply with the requirements of appropriate Governmental Authorities; provided, that Lessee shall use commercially reasonable efforts to remove the Relevant Assets and the Additional Improvements as promptly as practicable), the Relevant Assets and Additional Improvements shall be deemed abandoned by Lessee and shall, at Lessor’s option, become the property of Lessor or disposed of by Lessor at Lessee’s cost and expense. Lessee shall not have the right or power to create or permit any lien of any kind or character on the Premises. In the event any such lien is filed against the Premises, Lessee shall cause such lien to be discharged or bonded within 30 days of the date of filing thereof.
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Alterations, Additions, and Improvements. A. Subject to the limitation that no substantial portion of the building premises Tenant shall be demolished or removed by Lessee without prior written consent of Lessor, and if necessary, of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, not make any alterations, additions additions, or improvements in and to the building premises. Alterations shall be performed in a workmanlike manner and shall Premises without Landlord's prior written consent, except for non-structural alterations which do not weaken or impair the structural strength, or lessen the value, of the building premises, or change the purposes for which the building or any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all plans and specifications shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated to cost Twenty-Five exceed Ten Thousand Dollars ($25,000.0010,000) or more in cost cumulatively over the Lease Term and which are not visible from the outside of any building of which the Premises is part (except that Tenant shall be submitted permitted, subject to Lessor. However, all alternations to the structure walls and roof obtain approval of the building regardless Architectural Review Committee governing the Project, to erect a fence around a portion of cost must be submitted the exterior of the Premises as shown on Exhibit A . Landlord may require Tenant to Lessor for provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Upon Landlord's written approval prior to commencement request, Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of work.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) this Section 6.05(a). All alterations, additions, and improvements shall be done in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord. Upon completion of the initial Tenant improvements as described on Exhibit C, and upon completion of other improvements permitted above, Tenant shall provide Landlord with copies of the plans and specifications pertaining thereto which are submitted to the leased premises applicable governmental agencies as part of obtaining any required building permits and/or certificates of occupancy, together with proof of payment for all labor and materials associated therewith. Tenant shall pay when due all claims for labor and material furnished to the Premises. Tenant shall give Landlord at least twenty (20) days' prior written notice of the commencement of any work on the termPremises, regardless of whether Landlord's consent to such work is required. Landlord may elect to record and that may be erected or installed during post notices of nonresponsibility on the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lessee.Premises. Initials: ________ ________
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Alterations, Additions, and Improvements. A. Subject to the limitation that no substantial portion of the building premises 8.1. The Tenant shall be demolished or removed by Lessee without prior written consent of Lessor, and if necessary, of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, not make any alterations, additions or improvements improvements, structural or otherwise (the "Alterations'') in and or to the building premisesPremises in excess of ten thousand dollars ($10,000) in the aggregate, over the Term, without the Landlord's prior written consent. Alterations Notwithstanding the preceding to the contrary, the Tenant shall be performed permitted to make non-structural, below ceiling grid Alterations (provided they do not exceed $10,000.00, in a workmanlike manner and shall not weaken or impair the structural strengthaggregate, or lessen over the value, of Term) without the building premises, or change the purposes for which the building or any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all plans and specifications shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all applicable governmental regulationsLandlord's prior consent. The plans and specifications for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more approved Alterations shall be submitted subject to Lessorthe Landlord's prior written approval and once approved, shall not be materially changed without the Landlord's prior written consent. HoweverEven if the Alterations do not require the Landlord's prior written consent, the Tenant shall provide the Landlord with a copy of the plans and specifications and estimated construction costs for the Alterations prior to commencing construction. All Alterations, whether requiring consent or not, shall be made promptly, in a workmanlike manner, paid for by the Tenant allowing no liens to attach either to the Premises or to the Tenant's leasehold interest and so as not to unreasonably disturb or inconvenience other tenants in the Building. The Landlord shall have the right to require the Tenant to provide such assurances as the Landlord shall reasonably require (e.g., bonds, escrows, etc.) to protect the Landlord against unpaid work and to require that any work be performed only by duly licensed contractors and subcontractors approved by the Landlord. Upon a termination of the Lease, the Tenant shall provide the Landlord with copies of all unexpired construction warranties, if any exist, related to the Alterations, all alternations of which shall be deemed assigned to the structure walls and roof Landlord. Unless otherwise noted in the Landlord's written approval of the building regardless Alteration, any Alteration, other than the Tenant's trade fixtures and movable furnishings, shall remain and be surrendered with the Premises on expiration of cost must be submitted to Lessor for written the Lease. If the Landlord's approval prior to commencement of work.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements Alteration provides that the Alteration is not to be made covering surrendered, the risk during the course of work.
(3) All alterationsTenant, additionsat its sole cost, shall remove that Alteration which is not to remain and improvements shall repair all damage to the leased premises Premises caused by that removal. In no event, however, shall the Tenant remove any of the following materials or equipment (which shall be deemed to be the Landlord's property) without the Landlord's prior written consent: any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; or other similar building operating equipment and decorations. This removal/repair obligation shall survive a termination of the Lease. Notwithstanding anything in this Lease to the contrary, the Tenant shall be responsible for any ad valorem taxes or increase therein resulting from Alterations made by or at the commencement direction of the termTenant. The Landlord consents/approvals required under this Section shall not be unreasonably withheld, and that may be erected conditioned, or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lesseedelayed.
Appears in 1 contract
Alterations, Additions, and Improvements. A. Subject to the limitation that no substantial portion of the building premises 13.01 2Landlord shall be demolished or removed by Lessee without prior written consent of Lessor, and if necessary, of any mortgagee, Lessee mayeffect, at any time during the lease term, subject to the conditions set forth below and at its own expense, make any alterations, additions or the improvements more fully described in Schedule “B” hereto annexed (referred to in this Lease as the “Landlord’s Work”). All improvements in and to the building premises. Alterations Premises other than the Landlord’s Work shall be the responsibility of Tenant and shall be performed in a workmanlike manner at Tenant’s sole cost and shall not weaken or impair expense, the structural strength, or lessen whole subject to the value, of the building premises, or change the purposes for which the building or any part thereof, may be usedterms and conditions hereinafter set forth3.
B. Conditions with respect to 13.02 All improvements, alterations, additions or improvements are repairs required or requested by Tenant shall be carried out at Tenant’s expense and may, at the option of Lanaldord, be carried out by Landlord or under the latter’s coordination, in one or the other of which events Tenant shall pay to Landlord, on demand and as follows:additional rent, an administration or coordination fee equal to fifteen percent (15%) of the cost of the work. In addition, Tenant shall pay for the cost of all architectural, engineering and working drawings prepared to comply with Tenant’s requirements, as well as a fee equal to fifteen percent (15%) of such cost, for Landlord’s administration and overhead. In all events, Tenant shall be required to use Landlord’s professionals and mechanical, electrical and plumbing trades 4 for Tenant’s mechanical, electrical and plumbing requirements which shall be coordinated by Landlord at Tenant’s expense. Payment shall be effected by way of a cash deposit and progress draws during the currency of the work, the specifics of which shall be established by Landlord, acting reasonably, from time to time.
(1) 13.03 No improvements, alterations, additions or repairs may be made in or to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Should Landlord elect not to carry out improvements, alterations, additions or repairs required or requested by Tenant, Tenant shall not itself do any such work without obtaining all necessary permits from the appropriate public authorities. Before commencement of doing any work all plans such work, Tenant shall be required to submit to Landlord on a due and timely basis accurate working drawings and specifications shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all therefor. All such work shall be done by contractors approved by Landlord, which approval shall not be unreasonably withheld, but shall be conditional upon such contractors paying the cost of temporary services and coordination during such construction, upon such contractors timing and performing their work in accordance with requirements such rules and regulations as Landlord may from time to time prescribe, upon such contractors carrying property damage and liability insurance satisfactory to Landlord for its operations in the Building and upon the employees of such contractors not causing any labour trouble by their presence in the Building. Furthermore, Tenant shall require that prior to entering the Premises or performing any work therein, Tenant’s contractors shall place in the hands of the Landlord a waiver and release of any and all applicable governmental regulationslegal hypothecs or rights of legal hypothec that may then or thereafter exist for work done, labour performed or materials furnished under any contract and such contractors must agree to furnish to Landlord a good and sufficient waiver of legal hypothec for every subcontractor and supplier furnishing labour and material under the contract. Tenant shall be responsible for any costs and expenses of Landlord occasioned directly or indirectly by such work in the Premises. The cost of such improvements, alterations, additions or repairs shall be the sole responsibility of Tenant and if any payment in respect thereof shall be made by Landlord, Landlord hereby reserving the right to do so in its sole discretion, the same shall be immediately payable by Tenant on demand as additional rent. Within ninety (90) days from its substantial completion, Tenant shall deliver to Landlord, at Tenant’s cost, “as-built” plans and specifications for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. Howeverwork contemplated by this Clause 13.03, all alternations drawn to the structure walls same scale as base-Building working drawings.
13.04 Any improvements, alterations, additions and roof repairs to the Premises (including all lighting installations such as, but not limited to, spotlights and tracks and all floor finishes of whatsoever nature placed upon the concrete floor of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work.
(2Premises) Prior to commencement of any workshall, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) All alterationsupon their completion, additions, and improvements to the leased premises at the commencement of the term, and that may be erected or installed during the term, shall become a part of the leased premises Premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lessee.Landlord and shall be surrendered with the Premises upon termination or expiration of this Lease without any compensation being due therefor by Landlord; provided, however, that Landlord shall have the option, in its sole discretion, to require Tenant to remove at Tenant’s cost and under Landlord’s coordination and direction, all or any 1 of such improvements, alterations, additions and repairs, including such as may have been made by Landlord at Tenant’s request prior to or during the Term of the Lease and including data and communications cabling, and to restore the Premises or any part thereof to their original condition. 2 Tenant shall accept the Premises in their “as-is” condition existing on the Commencement Date. 3 , save and except that Landlord will not charge Tenant the administration or coordination fee contemplated in Section 13.02 for any Tenant’s work effected in the Premises prior to the Commencement Date. 4 (whose costs shall be competitive) 1 See Rider Page 00X
Appears in 1 contract
Samples: Lease Agreement (BioAmber Inc.)
Alterations, Additions, and Improvements. A. Subject Except with respect to Tenant’s construction of the Initial Improvements and Roof Improvements pursuant to the limitation that no substantial portion of Work Letter and as otherwise specifically provided below, Tenant shall not make any installations, alterations, additions, or improvements in or to the building premises shall be demolished Premises, including, without limitation, any apertures in the walls, partitions, ceilings or removed by Lessee floors (collectively, “Alterations”) without the prior written consent of LessorLandlord, and if necessarywhich consent shall not be unreasonably withheld, of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, make any alterations, additions conditioned or improvements in and to the building premisesdelayed. Alterations Any such work so approved by Landlord shall be performed only in a workmanlike manner and shall not weaken or impair the structural strength, or lessen the value, of the building premises, or change the purposes for which the building or any part thereof, may be used.
B. Conditions accordance with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all plans and specifications shall be submitted, filed with, and approved by Landlord. Notwithstanding the foregoing, Tenant shall not without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion, perform any work in or to the Premises that would (i) in any manner affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs, or floor slabs), (ii) require changes in the electrical or mechanical components or systems of the Building determined in Landlord’s reasonable option to be material and adverse to the Building, (iii) diminish the value of the Premises for the Permitted Uses, or (iv) require any unusual expense to re-adapt the Premises for the Permitted Uses. Tenant shall procure, at Tenant’s sole expense, all governmental departments necessary permits and licenses before undertaking any work on the Premises and shall perform all such work in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws and with all applicable insurance requirements. If any notice or authorities having jurisdiction any lien is placed on the Premises arising from work performed by or for Tenant, Tenant shall furnish to Landlord a bond or other security to stay enforcement of or insure over such lien, in either case, in the amount, form and any substance reasonably acceptable to Landlord; provided, however, after posting such bond or providing such security, Tenant shall have the right to contest the validity of such lien or otherwise cause such lien to be removed from the public utility company having an interest therein, and record. Tenant shall require all work shall be done contractors employed by Tenant to carry worker’s compensation insurance in accordance with statutory requirements and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit not less than $1,000,000 and shall submit certificates evidencing such coverage to Landlord, upon Landlord’s request. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of such work. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 and give notice of observed defects. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all applicable governmental regulationsconstruction contracts and proof of payment for all labor and materials. The plans and specifications Tenant, at the time it requests approval for any alternations estimated proposed Alterations, may request in writing that Landlord advise Tenant whether such Alterations or any portion thereof must be removed on or prior to cost Twenty-Five Thousand Dollars the Expiration Date, or earlier termination of the Lease. Landlord shall respond within ten ($25,000.0010) days of such request, or more shall be submitted deemed to Lessor. Howeverhave advised Tenant that such Alteration must be removed upon the Expiration Date or earlier termination of this Lease; provided, all alternations however, that Tenant shall not be required to remove (i) the Initial Improvements itemized as 1 through 4, inclusive, on Exhibit B-1, (ii) the Initial Improvements itemized as 5 on Exhibit B-1, to the extent that the same are Usual Office Improvements (defined below), or (iii) any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting, but expressly excluding data and communications cabling (which Tenant is required to remove) (collectively, “Usual Office Improvements”). Notwithstanding anything to the contrary contained in this Lease, Landlord’s consent shall not be required in connection with an Alteration that (i) will not affect the systems or structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work.
Building, (2ii) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements will not require work to be made covering performed inside the risk during walls or above the course ceiling of work.
the Premises, (3iii) All alterations, additionswill not diminish the value of the Premises, and improvements to (iv) will not cost in excess of $25,000.00 in any single Alteration or $100,000.00 in the leased premises at the commencement of the term, and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lesseeaggregate.
Appears in 1 contract
Alterations, Additions, and Improvements. A. Tenant shall make no alterations, installations, additions or improvements, including but not limited to Tenant's Work [referred to herein as "Tenant's Changes"] in or to the Demised Premises of any nature without Landlord's prior written consent. Subject to the limitation provisions of this article, Tenant, at Tenant's expense, may make Tenant Changes to the interior of the Demised Premises, provided that no substantial such Tenant Changes do not (i) affect the exterior of the Building or any portion of the building premises other than the Demised Premises, (ii) affect the structure of the Building or any of its outer walls, any of its inner walls or columns which are load-bearing, its concrete floor, foundation or roof, or (iii) adversely affect any of the Building systems including, without limitation, mechanical, sprinkler, electrical, heating, plumbing and other service systems of the Building, subject, however, at all times, to the following:
(i) Tenant shall first obtain requisite permits and authorizations from governmental authorities having jurisdiction;
(ii) Except for a replacement of a prior improvement theretofore installed by Tenant, to which Landlord had consented, obtain Landlord's consent (which Landlord's consent not to be unreasonably withheld if the Tenant Changes or alteration would not, in the reasonable opinion of the Landlord, impair the value or usefulness of the premises);
(iii) Any such Tenant Changes and alteration shall be demolished or removed by Lessee without prior written consent of Lessor, and if necessary, of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, make any alterations, additions or improvements in and to the building premises. Alterations shall be performed made promptly (unavoidable delays excepted) in a workmanlike manner in accordance with any alteration plans and shall not weaken or impair the structural strength, or lessen the value, in compliance with applicable laws and governmental regulations;
(iv) The cost of the building premises, or change Tenant Changes shall be paid by Tenant so that the purposes for which the building or demised premises remain free of any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:liens;
(1v) Before commencement If requested by Landlord, post with Landlord, adequate security to assure restoration of any work the premises at the end of the term. The security shall be computed at the rate of $5.00 per square foot for the cost of removal of offices and/or enclosed finished space. The cost of removal and restoration of all other improvements shall likewise have security given to Landlord to the extent the cumulative cost of removal and restoration exceeds $50,000.00 or such greater sum as hereinafter provided. The sum of $50,000.00 shall be increased annually at the rate of three percent (3%) per year commencing 2002;
(vi) Maintain proper insurance;
(vii) If by law plans and specifications shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) All alterations, additions, and improvements to the leased premises at the commencement of the term, and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lessee.are
Appears in 1 contract
Samples: Lease Agreement (Movado Group Inc)
Alterations, Additions, and Improvements. A. Subject Following the date on which Tenant first occupies the Premises, Tenant shall have the right to make alterations, additions, or improvements ("Alterations") to the limitation that no substantial portion Premises upon receipt of Landlord's prior written consent, which will not be withheld unless the making or installation of the building premises shall be demolished Alterations (i) adversely affects the Building Structure, (ii) adversely affects the Building Systems, (iii) affects the appearance of any part of the Building visible from outside the Premises, (iv) does not comply with Applicable Laws, or removed by Lessee without prior written consent (v) unreasonably interferes with the normal and customary business operations of Lessorthe other tenants in the Building (individually and collectively, a "Design Problem"). Landlord may, as a condition to the installation thereof and if necessarysuch request is made concurrently with the approval of the plans and specifications therefor, of require Tenant to remove any mortgageesuch Alterations at its sole cost and expense, Lessee mayit being agreed and understood that in no event will Tenant have any obligation to remove any such Alterations unless, at any time during the lease termin Landlord's reasonable judgment, subject they do not qualify as standard office-type tenant improvements. Notwithstanding anything to the conditions contrary set forth below and at its own expenseherein, make any alterations, additions or improvements in and to the building premises. Alterations shall be performed in a workmanlike manner and Tenant shall not weaken or impair the structural strength, or lessen the value, of the building premises, or change the purposes for which the building or any part thereof, may be used.
B. Conditions required to obtain Landlord's prior consent with respect to alterationsany strictly cosmetic work performed within the Premises by Tenant, additions such as the installation of wall coverings or improvements are as follows:
(1) Before commencement of any work all plans and specifications shall be submitted, filed with, and approved by all governmental departments floor coverings or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated to cost non-structural alterations which do not exceed Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However25,000), all alternations to which are not visible from the structure walls and roof outside of the building regardless Premises and which comply with all Rules and Regulations, Building Regulations and Landlord's structural, engineering and design requirements for the Building. Tenant shall give Landlord at least ten (10) days' prior written notice of cost must be submitted to Lessor for written approval prior to commencement of work.
(2) Prior to the commencement of any work, Lessee work on the Premises. In no event shall pay Tenant be required to provide payment and performance bonds in connection with any such Alteration work so long as the amount financial condition of Tenant is satisfactory. Landlord may elect to record and post notices of non- responsibility on the Premises or the Building. Upon Landlord's written request Tenant shall promptly remove any increase Alterations constructed in premiums on insurance policies provided for herein because violation of endorsements to be made covering the risk during the course of work.
(3) this Section. All alterations, additions, and improvements to the leased premises at the commencement of the term, and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee Alterations shall be accomplished at Tenant's sole cost and remain expense in a good and workmanlike manner, in conformity with all applicable laws and regulations, by a contractor and subcontractors chosen by Tenant and reasonably approved by Landlord and shall be the property of LesseeLandlord. As soon as reasonably practicable, Tenant shall provide Landlord with copies of all construction contracts, and proof of payment for all labor and materials. Promptly upon completion of any such work, Tenant shall provide Landlord with any "as built. plans. Tenant shall promptly pay when due all claims for labor and materials furnished to the Premises.
Appears in 1 contract
Alterations, Additions, and Improvements. A. Subject 13.01 All Tenant's Work shall be the responsibility of Tenant and shall be performed at Tenant's sole cost and expense, the whole subject to the limitation that no substantial portion of provisions and procedures contained in this Section XIII. No Tenant's Work may be carried out without the building premises shall be demolished or removed by Lessee without prior written consent of LessorLandlord, which consent shall not be unreasonably withheld. The withholding of Landlord's consent shall be deemed to be reasonable if the proposed work would have the effect of materially diminishing the value of the Premises.
13.02 All architectural and if necessary, other plans and specifications prepared in connection with Tenant's Work may be prepared by a designer or architect of any mortgagee, Lessee may, at any time during the lease term, Tenant's choice but shall be subject to the conditions set forth below and at its own expense, make any alterations, additions or improvements Landlord's prior written approval as contemplated in and to the building premisesthis Section XIII. Alterations Tenant shall be performed in a workmanlike manner responsible to ensure that Tenant's Work, as designed, complies with all relevant laws, by-laws, regulations and shall not weaken or impair ordinances as well as with the structural strengthBuilding module and structure and with the Building's mechanical, or lessen the valueelectrical, of the building premisesplumbing and other systems and facilities. Complete working drawings, or change the purposes for which the building or any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all plans and specifications for Tenant's Work, if any, must be submitted to Landlord for its prior written approval. Landlord shall have a delay of ten (10) days following receipt of such complete working drawings, plans and specifications to notify Tenant either of its approval thereof or of changes Landlord requires and if Landlord fails to respond during such ten (10) day period, Landlord shall be deemed to have approved the drawings, plans and specifications so submitted. If Landlord notifies Tenant with such ten (10) day period that it requires changes, filed withTenant shall, within ten (10) days thereafter, submit the necessary amended drawings, plans and specifications to Landlord. Landlord shall have the right to inspect, at its expense, any Tenant's Work to ensure that it is in accordance with the working drawings, plans and specifications approved by Landlord.
13.03 Tenant shall not undertake any Tenant's Work without obtaining all governmental departments or authorities having jurisdiction and any necessary permits from the appropriate public utility company having an interest therein, and all authorities. All such work shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more by contractors approved by Landlord, which approval shall not be unreasonably withheld, but shall be submitted conditional upon such contractors carrying property damage and liability insurance satisfactory to Lessor. HoweverLandlord for its operations in the Building and upon such contractors providing to Landlord a waiver and release of any and all legal hypothecs or rights of legal hypothec that then or thereafter exist for work done or materials supplied in connection with Tenant's Work.
13.04 All Tenant's Work (other than trade fixtures, equipment and accessories thereto) and all alternations repairs and replacements in or to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work.
(2) Prior to commencement of any workPremises shall, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) All alterationsupon their completion, additions, and improvements to the leased premises at the commencement of the term, and that may be erected or installed during the term, shall become a part of the leased premises Premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of LesseeLandlord and shall be surrendered with the Premises upon the Expiration Date or earlier termination date of this Lease without any compensation being due therefor by Landlord; provided, however, that Landlord shall have the option, in its sole discretion, by written notice to Tenant at least sixty (60) days prior to the Expiration Date, to require Tenant to remove, at Tenant's cost and under Landlord's coordination and direction, all or any of those items of Tenant's Work for which Landlord has reserved the right to do so in its initial consent (including such as may have been made by Landlord at Tenant's request prior to or during the Term) and, in the cases where Landlord has exercised such right, to restore the portions of the Premises affected by the removals, or any parts thereof, to their original condition.
13.05 Tenant may erect, at its cost and expense, signs on any street frontage of the Premises provided that:
(a) any such signs shall comply with the requirements of the applicable municipal and other governmental authorities;
(b) no such signs shall be erected outside or on the exterior of the Building or within the interior thereof if the same may be seen from the exterior thereof, unless Landlord shall have given its prior written consent (which consent shall not be unreasonably withheld) to the location, style, colour, size and content thereof; and
(c) Tenant shall bear the cost of the installation, repair, maintenance and removal of any such signs.
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Samples: Lease Agreement (Dt Industries Inc)
Alterations, Additions, and Improvements. A. Subject to Tenant may erect such alterations, additions, and improvements inside the limitation that no substantial portion of premises as it desires only upon receiving the building premises shall be demolished or removed by Lessee without prior written consent of Lessor, and if necessary, of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, make any Landlord. Minor non-structural alterations, additions and improvements with aggregate cost of less than $10,000 will not require the prior written consent of Landlord. All such alterations, additions, or improvements in and to the building premises. Alterations shall be performed in a workmanlike manner and shall not weaken or impair the structural strength, strength or lessen the value, value of the building and the premises, or change the purposes for which the building building, or any part thereof, may be used.
B. Conditions with respect to alterations, additions or improvements are as follows:
(1) Before commencement of any work all plans and specifications shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in accordance with requirements of all applicable governmental regulations. The plans and specifications for any alternations estimated to cost Twenty-Five Thousand Dollars ($25,000.00) or more shall be submitted to Lessor. However, all alternations to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval prior to commencement of work.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) All Any such alterations, additions, or improvements shall be erected at the sole cost and improvements expense of Tenant, and Tenant shall have no right, authority, or power to bind Landlord or any interest of Landlord in the Leased Premises, for the payment of any claim for labor or materials or for any charge or expense incurred in the erection, construction, or maintenance of such improvements, nor to render said Leased Premises liable for any lien for labor, material, or any other charge incurred in connection therewith, and Tenant shall in no way be considered the agent of Landlord in the erection, construction, operation and maintenance of said improvements, including electrical, plumbing and anything screwed, bolted or attached to the leased premises building, unless specifically excluded by written agreement between the Tenant and Landlord except “trade fixtures” put in at the commencement expense of Tenant, shall remain upon and be surrendered with the premises as a part thereof, at any termination of the termlease, for any cause, and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the LessorLandlord. Tenant shall not allow any mechanic or materialmen liens to be filed against the Leased Premises or any part thereof. If any such lien is filed, Tenant shall immediately cause such lien to be released by posting an appropriate bond or paying the claim which is the basis for the lien. Tenant is leasing the Leased Premises in its “as is” condition except that all movable trade fixtures installed for the improvements to be constructed by Lessee shall be and remain the property Landlord listed in Section 32 of Lesseethis lease.
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Alterations, Additions, and Improvements. A. Subject to the limitation that Except for minor decorative alterations, no substantial portion of the building premises shall be demolished or removed by Lessee without prior written consent of Lessor, and if necessary, of any mortgagee, Lessee may, at any time during the lease term, subject to the conditions set forth below and at its own expense, make any alterationsadditional alternations, additions or improvements in and to the building premises. Alterations shall be performed in a workmanlike manner and made by Tenant without Landlord's written approval, which approval shall not weaken be unreasonably withheld or impair the structural strength, or lessen the value, of the building premises, or change the purposes for which the building or any part thereof, may be useddelayed.
B. Conditions with respect Tenant, at It's sole cost and expense, shall complete all of Tenant's interior improvements subject to alterations, additions or Landlord's written approval. Tenant's improvements are as follows:
(1) Before commencement of any work all plans and specifications shall be submitted, filed with, and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and all work shall be done in a good and workmanlike manner with materials of good quality and pursuant to appropriate governmental permits and in compliance with applicable laws and insurance requirements. Tenant's construction shall not interfere with the conducting of business by other tenants in the building. During the Lease Term, Tenant shall provide Landlord with waivers of liens for any improvements done by Tenant or Tenant's contractors to the Leased Premises or shall bond or insure over any mechanic's liens with bonding or insurance companies reasonably acceptable to Landlord. In the event Tenant fails to provide said lien waivers or bond or insurance and Landlord is required to pay for such improvements in order to remove or avoid the filing of liens, then any such sums paid by Landlord shall be considered as additional rent and shall be payable by Tenant to Landlord on demand.
C. During the course of construction of the improvements, Landlord and its representative may, upon reasonable prior notice of Tenant, inspect (but shall have no duty or obligation to inspect) Tenant's construction of improvements and the materials being used. If as a result of such inspection, Landlord, or its representative shall determine that any materials do not substantially conform to, or that the improvements are not being constructed in accordance with requirements the terms of all applicable governmental regulationsthis Lease, prompt notice thereof may be given by Landlord to Tenant specifying the nature of the deficiency or defect or omission. The plans Upon the receipt of any such notice, Tenant shall promptly take such steps as may be necessary to correct such defect. In the event that Tenant fails to correct said defect, or commence to cure said defect within thirty (30) days after Landlord's notice (or immediately, if an emergency) Landlord shall have the right, but not the obligation, in addition to any other remedies available to Landlord, to undertake same at Tenant's expense. In such event, Tenant shall pay as additional rent to Landlord for the cost of such work immediately upon receipt of an invoice therefore together with interest thereon at the annual rate of eighteen percent (18%) from the date expended by Landlord until paid in full. D. All of Tenant's contractors and specifications for any alternations estimated subcontractors of its contractors shall carry public liability insurance with at least $1,000,000 single limit broad form coverage and worker's compensation insurance, and each such insurance policy shall name Landlord and the owner and, their beneficiaries, officers, directors, shareholders, Managers and Members, the agents of Landlord and the owner and their agents' beneficiaries, officers, directors, shareholders, Managers and Members as additional insureds. Each such contractor and subcontractor shall submit to cost Twenty-Five Thousand Dollars ($25,000.00) or more Landlord proof of such insurance before they may begin work on the Leased Premises. E. During construction of improvements, Tenant shall carry builder's risk insurance, public liability insurance and worker's compensation insurance, in such amounts as are reasonably acceptable to Landlord, provided that the builder's risk policy coverage shall be submitted at least in an amount sufficient to Lessorcover all so-called "hard costs" of construction of Tenant's improvements, together with adequate soft cost coverage. HoweverLandlord and the owner and, all alternations their beneficiaries, officers, directors, shareholders, Managers and Members, the agents of Landlord and the owner and their agents' beneficiaries, officers, directors, shareholders, Managers and Members shall be named as additional insureds under said policies. Tenant shall deliver certificates of insurance to the structure walls and roof of the building regardless of cost must be submitted to Lessor for written approval Landlord prior to commencement of workconstruction reflecting the coverage thereunder and showing the additional insureds required hereunder.
(2) Prior to commencement of any work, Lessee shall pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk during the course of work.
(3) All alterations, additions, and improvements to the leased premises at the commencement of the term, and that may be erected or installed during the term, shall become part of the leased premises and the sole property of the Lessor, except that all movable trade fixtures installed by Lessee shall be and remain the property of Lessee.
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