Alterations and Liens. Tenant shall make no additions, changes, alterations or improvements (the "Work") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlord. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises.
Appears in 2 contracts
Sources: Office Lease (Corechange Inc), Office Lease (Interactive Flight Technologies Inc)
Alterations and Liens. 9.1. Tenant shall make no additions, changes, alterations or improvements (the "Work") to the Premises or any electrical or mechanical facilities, including the Systems and Equipment (as defined in Article 25) pertaining to the Premises (“Alterations”), without the prior written consent of Landlord; not to be unreasonably withheld, provided, however, Tenant shall be allowed to perform de minimis Alterations on the Premises without the prior written consent of Landlord, so long as (a) the Alterations do not affect or have any impact upon the structural integrity, Systems and Equipment, or any electrical or mechanical facilities pertaining to the Premises, and (b) the total cost for the Alterations does not exceed Fifty Thousand Dollars ($50,000.00). Landlord may impose reasonable requirements as a condition of such consent including including, without limitation limitation: the submission of plans and specifications for Landlord's ’s prior written approval, obtaining necessary permits, posting obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insuranceinsurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably require, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work Alterations will not adversely affect the Systems and Equipment or the structure of structures at the PropertyPremises, and requirements as to the manner and times in which such Work Alterations shall be done. All Work Alterations shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, Landlord and with all Laws. Landlord may require that all such Work Alterations be performed under Landlord's ’s supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the WorkAlterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2. Tenant shall keep the Property and Premises free from any mechanic's’s, materialman's ’s or similar liens or other such encumbrances in connection with any Work on Alterations of or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' ’ fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work Alterations on the Premises (or such additional time as may be necessary under applicable Laws), ) to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall promptly notify Landlord of any claims or liens (or threats of potential claims or liens) against the Premises or any portion thereof or the improvements thereon, so that Landlord may take such actions as Landlord may deem necessary or appropriate for protection of the Premises and/or improvements thereon. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may (but shall not be obligated to) pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's ’s title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on Alterations of or respecting the Premises not performed by or at the request of Landlord shall be null and voidvoid or, or at Landlord's option ’s option, shall attach only against Tenant's ’s interest in the Premises and shall in all respects be subordinate to Landlord's ’s title to the Property and Premises.
Appears in 2 contracts
Sources: Lease (Schnitzer Steel Industries Inc), Lease (Schnitzer Steel Industries Inc)
Alterations and Liens. Tenant shall make no additions, changes, alterations or improvements (the "“Work"”) to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlord, which consent will not be unreasonably withheld as long as any proposed additions, changes, alterations or improvements do not affect the Systems and Equipment or the structure of the Property and as long as Tenant complies with the other requirements of this Article 8. Tenant shall not place a load upon any floor of the Premises that exceeds seventy (70) pounds per square foot “live load.” Landlord reserves the right to reasonably designate the position of all Equipment which Tenant wishes to place within the Premises based on advice from Landlord’s engineer if the Equipment is over one hundred (100) pounds or if it exceeds seventy (70) pounds per square foot “live load”, and to place limitations on the weight thereof. Although Tenant must comply with the other provisions of this Article 8, Tenant must provide at least ten (10) days prior written notice to Landlord, but need not obtain Landlord’s consent, as a condition of performing (a) cosmetic improvements such as painting or re-carpeting, or (b) additions, changes, alterations or improvements that do not affect the Systems and Equipment or the structure of the Property and which cost less than $50,000 in the aggregate. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's ’s prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and reasonable requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's ’s supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead ’s out-of-pocket expenses incurred in reviewing connection with Landlord’s review of Tenant's ’s plans and specifications and performing any Landlord’s supervision of the Work not to exceed three percent (3%) of the hard costs of performing such Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's’s, materialman's ’s or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' ’ fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty ten (2010) business days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise or provide such other adequate security reasonably acceptable to Landlord within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's ’s title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's ’s option shall attach only against Tenant's ’s interest in the Premises and shall in all respects be subordinate to Landlord's ’s title to the Property and Premises. Notwithstanding anything to the contrary in this Lease, the title to any alterations installed or paid for by Tenant, including, without limitation, the initial Tenant improvements, shall remain the property of Tenant until the end of the Term.
Appears in 1 contract
Alterations and Liens. (A) Tenant shall make no additions, changes, alterations or improvements (the "Work"“Alterations”) to the Premises or the Systems and Equipment (as defined in Article 2524) pertaining to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant may make non-structural, cosmetic Alterations which do not affect Systems and Equipment or cost in excess of $50,000 in any single instance without Landlord’s consent but otherwise in accordance with the provisions of the Lease. Landlord may impose reasonable requirements as a condition of such consent including consent, including, without limitation limitation, the submission of plans and specifications for Landlord's ’s prior written approval, which consent shall not be unreasonably withheld or delayed, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work Alterations will not adversely affect the Systems and Equipment or the structure of the PropertyBuilding or the Complex, and requirements as to the manner and times in which such Work Alterations shall be done. All Work Alterations shall be performed (i) in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be Building, (ii) in accordance with plans and specifications approved by Landlord, and (iii) in accordance with all applicable legal requirements and requirements of any insurance company insuring the Building or portion thereof. Landlord may require that all such Work Alterations be performed under Landlord's ’s supervision. In all cases, Tenant shall pay Landlord a reasonable fee not to exceed $1,000 to cover Landlord's ’s overhead in reviewing Tenant's ’s plans and specifications and performing any supervision of the WorkAlterations. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the WorkAlterations.
(B) In accordance with the applicable provisions of the Florida Construction Lien Law and specifically Florida Statutes, Section 713.10, no interest of Landlord whether personally or in the Premises, or in the underlying land or Building of which the Premises are a part, or the leasehold interest aforesaid shall be subject to liens for improvements made by Tenant or caused to be made by Tenant hereunder. Further, Tenant shall have no power or authority to create any lien or permit any lien to attach to the present estate, reversion, or other estate of Landlord in the Premises or in the Building, and all mechanics, materialmen, contractors, artisans and other parties contracting with Tenant or its representatives or privies as to the Premises or any part of the Premises are hereby charged with notice that they must look to the Tenant to secure payment of any ▇▇▇▇ for work done or material furnished or for any other purpose during this Lease term. The foregoing provisions are made with express reference to Section 713.10 of the Florida Statutes. Landlord has recorded or will record a notice of the foregoing in the Public Records of Palm Beach County, Florida, pursuant to the provisions of Section 713.10 Florida Statutes.
(C) Tenant shall keep the Property Complex, the Building and the Premises free from any mechanic's’s, materialman's ’s or similar liens or other such encumbrances in connection with any Work Alterations on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, costs, damages, liabilities, judgments, or costs and expenses (including attorneys' ’ fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work Alterations on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. In all events Tenant will notify Landlord in writing, for Landlord’s approval, of the identities of any contractors or subcontractors Tenant proposes to use in the Premises at least ten (10) days prior to the beginning of work by any such contractors or subcontractors.
(D) Notwithstanding the foregoing, if any mechanic’s or other lien shall be filed against the Premises, the Building or the Complex purporting to be for labor or materials furnished or to be furnished at the request of Tenant, then Tenant shall remove any at its expense cause such lien to be discharged by payment or encumbrance by posting of a cash or surety bond (in a manner and an amount, and with a bonding company, satisfactory to Landlord in its sole discretion), or otherwise other means satisfactory to Landlord within thirty ten (3010) days after written notice by Landlord, and if to Tenant thereof. If Tenant shall fail to do sotake such action within such ten (10) day period, Landlord may pay the amount necessary to remove cause such lien to be discharged by payment, bond or encumbranceotherwise, without being responsible for investigating investigation as to the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, thereof or as to any offsets or defenses thereto (without limitation as to other remedies available to Landlord under this Lease), and Tenant shall reimburse Landlord for the cost of discharging such lien plus interest thereon at the rate of eighteen percent (18%) per annum, together with an administrative fee of Two Thousand Five Hundred Dollars (“$2,500.00”). Nothing contained in this Lease Tenant shall authorize Tenant indemnify and hold harmless Landlord against any and all claims, costs, damages, liabilities, judgments, and expenses (including attorneys’ fees) which may be brought or imposed against or incurred by Landlord by reason of any such lien or its discharge, and all such sums shall be deemed to do any act which be Rent and immediately due and payable upon demand by Landlord.
(E) Consent to an Alteration shall subject Landlord's title not constitute consent or authorization by Landlord to the Property or Premises placement of financing by Tenant relating to the Alterations that purports to create any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's security interest in the Premises Building or that purports to subordinate this Lease to any such financing, and any such effort or agreement by Tenant shall constitute a Default.
(F) During the construction of any Tenant Work or subsequent Alterations and in all respects be subordinate the course of the operation of the Building, Landlord shall have authority to reasonably coordinate access to loading areas, freight elevators (if any), the roof, shafts, space and other areas of the Building, and to adopt reasonable rules and regulations pertaining to same, and to approve such Tenant access in accordance with Landlord's title ’s reasonable determination. Tenant will also cause its contractor(s) to coordinate their use of and access to the Property and Premisesforegoing with Landlord’s base building contractor, which will have authority to approve such access during construction in accordance with Landlord’s reasonable determination.
Appears in 1 contract
Alterations and Liens. 6.1 Tenant shall have the right to make no additionsany non-structural alterations, changes, alterations additions or improvements (the "Work") in or to the Premises interior of the Building (collectively, “Alterations”), without the prior consent of Landlord, provided no such Alteration shall compromise the structural integrity of the Building or the Systems and Equipment (as defined in Article 25) pertaining to roof thereon. Any work proposed by Tenant that affects the Premises without structural integrity or exterior of the Building or the roof shall require the prior written consent of Landlord. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of to all plans and specifications for therefore in Landlord's prior written approval’s sole discretion. All Alterations made, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment installed in or the structure of the Property, and requirements as attached to the manner and times in which such Work Leased Premises by Tenant shall be done. All Work shall be performed made at Tenant’s expense in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be manner, in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervisionapplicable Laws. In all casesPrior to the commencement of any work permitted in accordance with this Article 6, Tenant shall pay assure that all contractors and subcontractors that will perform such work carry insurance providing prudent coverage to Landlord a reasonable fee to cover Landlord's overhead in reviewing and Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. .
6.2 Tenant shall keep the Property and Leased Premises free from any mechanic'sall liens, materialman's or similar rights to liens or other such encumbrances in connection with any Work on claims of liens of contractors, subcontractors, mechanics or respecting materialmen for work done or materials furnished to the Leased Premises not performed by or at the request of LandlordTenant or anyone holding the Leased Premises or any part thereof through or under Tenant. If any such lien shall at any time be filed, Tenant shall cause the same to be vacated and shall indemnify canceled of record within ten (10) days after the filing thereof. Tenant agrees to indemnify, defend and hold Landlord harmless from and against any claimsand all lasses, liabilitiescosts or expenses, judgmentsincluding attorney’s fees and expenses actually incurred, based upon or costs (including attorneys' fees) arising out of such liens.
6.3 All alterations, additions or improvements, including, but not limited to, permanent fixtures and floor coverings, which may be made or installed by either of the same parties hereto upon the Leased Premises, irrespective of the manner of annexation, and irrespective of which party may have paid the cost thereof, shall be the property of Landlord, and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease, without disturbance, molestation or in connection therewith. injury; provided, however, Tenant shall give have the right to remove from the Leased Premises movable office furniture, machinery, data processing and related equipment, movable partitions and trade fixtures installed at the expense of Tenant, but only if such furnishings were not constructed or installed by Landlord notice at least twenty (20) days prior to the commencement Commencement Date. Tenant shall, prior to the termination of the Lease, restore any areas damaged or affected by the removal of its furniture or equipment to the condition existing prior to the installation of such furniture or equipment. The parties acknowledge and agree that any improvements, alteration, additions, equipment or facilities constructed or installed by Landlord prior to the Commencement Date shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the expiration or sooner termination of this Lease.
6.4 Tenant shall not penetrate, puncture, or otherwise alter the roof or any portion thereof without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed with respect to communications antennae, dishes, and similar or related equipment. In the event Landlord shall grant its consent to Tenant as provided above, Tenant shall, at its sole cost and expense, be responsible for assuring that upon completion of the installation of any Work on items upon the Premises (roof or such additional time as may of other work thereon all necessary flashing, patching, and other repairs that may, in the reasonable discretion of Landlord, be necessary under applicable Laws), to afford Landlord return the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim roof to a lien or encumbrance upon the Property or Premises arising waterproof condition is performed in connection a first-class and workmanlike manner and in keeping with any Work on warranty or respecting guaranty affecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premisesroof.
Appears in 1 contract
Sources: Triple Net Lease (Greenway Medical Technologies Inc)
Alterations and Liens. Tenant (A) The Lessee shall make no additions, changes, alterations or improvements (the "Work") additions to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Demised Premises without the prior written consent of Landlordthe Lessor in each instance, which consent Lessor agrees not to unreasonably withhold, condition or delay. Landlord may impose reasonable requirements as a condition Upon the giving of such consent written consent, all alterations, additions and improvements, including without limitation fixtures made in, to or on the submission Demised Premises, except unattached moveable business fixtures and racking, shall become the property of plans the Lessor and specifications for Landlord's prior written approvalshall remain upon and be surrendered with the Demised Premises, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating except that the Work will not adversely affect Lessor shall advise the Systems and Equipment or Lessee at the structure time of the Property, and requirements as granting by Lessor of Lessee's request to make any such alteration or addition to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable Demised Premises whether the Lessor desires to have the Demised Premises or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee any part or parts thereof restored to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision their condition as of the Work. If Landlord consents or supervisestime of the delivery thereof to the Lessee, reasonable wear and tear excepted, and, if the Lessor so desires, the same Lessee shall not be deemed a warranty as restore said Demised Premises or such part or parts thereof to such original condition reasonable wear and tear excepted before the adequacy end of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion Term of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or Lease entirely at the request of Landlord, Lessee's own cost and expense. The Lessee shall indemnify and save and hold Landlord harmless the Lessor from and against any claimsall liens, liabilities, judgments, claims or costs (including attorneys' fees) demands arising out of any work performed, materials furnished or obligations incurred by or for the same Lessee upon said Demised Premises during said term and agrees not to suffer any such lien or in connection therewithencumbrance to be imposed on any of the Lessor's premises. Tenant The Lessee shall give Landlord notice at least twenty (20) days prior have the obligation to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove discharge any such lien or encumbrance by the payment of money or the posting of a surety bond if Lessee in good faith contests the validity of such lien or otherwise within thirty encumbrance. Notwithstanding anything to the contrary contained in the preceding sentence, the Lessor shall have the right, after the giving of not less than twenty (3020) days after written days' notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary Lessee to remove such lien or encumbrance, without being responsible for investigating to bring such action or proceeding as may be necessary to effect the validity removal thereof and the costs and expenses thereof. The amount so paid , including reasonable attorney's fees, shall be deemed become immediately due and payable by the Lessee to the Lessor as Additional Rent.
(B) Prior to the commencement of any such alterations, additions or improvements, Lessee shall provide to Lessor with the following: (i) copies of the plans and specifications relative thereto; (ii) copies of all necessary building permits and all other requisite permits and approvals; (iii) copies of construction contracts with contractors reasonably acceptable to the Lessor; and (iv) copies of builders' risk insurance coverage covering the full replacement value of the alterations and improvements, copies of architects' architectural errors and omissions insurance coverage, naming Lessor as additional Rent insured and the other insurance coverage required under this Lease payable upon demand, without limitation as to other remedies available to Landlord under Paragraph 15 of this Lease. Nothing contained All such insurance other than the worker's compensation insurance shall name Lessor as an additional insured. The Lessee hereby agrees that all such alterations, additions and improvements shall (a) incorporate only new materials; (b) be at least equal in this Lease shall authorize Tenant to do any act which shall subject Landlord's title quality and workmanship to the Property original work or Premises to any liens or encumbrances whether claimed by operation installation; (c) be in accordance with reasonable requirements as Lessor may impose; and (d) be constructed in accordance with all applicable laws, rules, regulations and directives of law or express or implied contract. Any claim to a lien or encumbrance upon all governmental authorities having jurisdiction over the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Demised Premises.
Appears in 1 contract
Sources: Lease Agreement (Daisytek International Corporation /De/)
Alterations and Liens. Tenant shall make no additions, changes, alterations or improvements (the "Work") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlord. Landlord may impose reasonable requirements as a condition of such consent consent, including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibilitynonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease Lease, payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall -------- --------- Tenant Landlord authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances encumbrances, whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises Premises, and shall in all respects be subordinate to Landlord's title to the Property and Premises.
Appears in 1 contract
Sources: Office Lease (Unison Software Inc)
Alterations and Liens. Tenant shall make no additions, changes, alterations or improvements (the "Tenant Work") to the Premises or the Systems and Equipment (as defined in Article 2524) pertaining to the Premises without the prior written consent of Landlord. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Tenant Work will not adversely affect the Systems and Equipment or the structure of the PropertyBuilding, and requirements as to the manner and times in which such Tenant Work shall be done. All Tenant Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property Building and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Tenant Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Tenant Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Tenant Work. Tenant shall keep the Property Complex and the Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Tenant Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Tenant Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act (other than the Tenant Work) which shall subject Landlord's title to the Property Complex or the Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property Complex, the Building or Premises arising in connection with any Tenant Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property Complex, the Building and the Premises.
Appears in 1 contract
Alterations and Liens. Tenant shall make no additions, changes, alterations or improvements (the "Work") to the Premises or the Systems systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlord. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the designdesign , workmanship or quality of materialsmaterial, and Landlord hereby expressly disclaims any and responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs cost (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-nor responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises.
Appears in 1 contract
Sources: Office Lease (Corechange Inc)
Alterations and Liens. Tenant shall make no additions, changes, alterations alterations, or improvements (the "Work") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlord. Landlord may impose reasonable requirements as a condition of such consent consent, including without limitation the submission of plans and specifications for Landlord's prior written approval, ; obtaining necessary permits, ; posting bonds, ; obtaining insurance, ; prior approval of contractors, subcontractors subcontractors, and suppliers, ; prior receipt of copies of all contracts and subcontracts, ; contractor and subcontractor lien waivers, ; affidavits listing all contractors, subcontractors subcontractors, and suppliers, ; use of union labor (if Landlord uses union labor), ; affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, ; and requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship workmanship, or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain maintain, or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's 's, or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, Landlord and shall indemnify indemnity and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), ) to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises.
Appears in 1 contract
Alterations and Liens. Except as provided herein, Tenant shall make no additions, changes, alterations or improvements the cost of which exceeds $5,000.00 in the aggregate (the "Work") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors subcontractor and suppliers, prior receipt of copies of all contracts and subcontracts, subcontracts contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner in compliance with all applicable governmental standards, rules and regulations and approval requirements and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents consent or supervises, the same supervision shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work, unless damaged by the gross negligence of Landlord, its agents, employees or contractors. Landlord hereby consents to Tenant's proposed alterations to Suit▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇, ▇▇ long as such alterations are consistent with the improvements existing in the Premises currently occupied by Tenant. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including reasonable attorneys' feesfees actually incurred) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty ten (2010) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance caused by or connected with Tenant's work, by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises.
Appears in 1 contract
Sources: Lease Agreement (Infocure Corp)
Alterations and Liens. Tenant shall make no additions, changes, alterations or improvements (the "Work") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without Without the prior written consent of Landlord. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as to the manner and times in which such Work shall will be done. All Work shall be performed in a good and workmanlike manner and manner, all materials used shall be of a quality comparable to or better than those in the Premises and Property Property, all work and materials shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, Landlord and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), laws) in order to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if . If Tenant shall fail to do so, Landlord, without limitation as to other remedies available to Landlord under this Lease, may pay the amount necessary to remove such lien or encumbrance, encumbrance without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or the Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or the Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and voidvoid or, or at Landlord's option option, shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and the Premises.
Appears in 1 contract
Alterations and Liens. Tenant shall make no additions, changes, alterations or improvements Improvements (the "Work") to the Premises or the Systems and Equipment (as defined in In Article 25) pertaining to the Premises without the prior written consent of Landlord. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, bonds obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, suppliers use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. , In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises.See
Appears in 1 contract
Alterations and Liens. (A) Tenant shall make no additions, changes, alterations or improvements (the "Work") to the Premises or the Systems and Equipment (as defined in Article 2526) pertaining to the Premises without the prior written consent of Landlord. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and supplierssupplies, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure or operation of the Property, and requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed pefformed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Landlord and Tenant acknowledge and agree that Landlord may withhold its consent to the Work if such Work necessitates compliance with any Laws for which Landlord might be responsible.
(B) Tenant shall keep the Property Property, the Building and Premises free from any mechanic's, materialmanmaterialmen's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises.'
Appears in 1 contract
Sources: Consent to Sublease (At Plan Inc)
Alterations and Liens. Tenant shall not make no any additions, changes, alterations or improvements ("Alterations") outside the Premises. Tenant shall not make any Alterations within the Premises ("Tenant Work") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Tenant Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as to the manner and times in which such Tenant Work shall be done. All Tenant Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Tenant Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee of five percent (5%) of the cost of the Tenant's Work to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of supervising the Tenant Work. If Consent or supervision by Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Tenant Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Tenant Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including reasonable attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Tenant Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-non- responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises.twenty
Appears in 1 contract
Sources: Office Lease
Alterations and Liens. a. Tenant shall not make no or permit any alterations, additions, changesleasehold improvements or utility installations (collectively, alterations or improvements (the "WorkAlterations") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises attach any fixture or equipment, without the Landlord's prior written consent consent. "Utility Installation" means carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing and fencing. Prior to commencement of Landlord. Landlord may impose reasonable requirements as a condition construction of such consent including without limitation the submission of installation, Tenant shall submit plans and specifications for any proposed Alterations for Landlord's prior written approval. All Alterations shall be constructed or installed (1) at Tenant's sale cost and expense by contractors acceptable to Landlord; (2) in conformity with applicable building codes and all other necessary or advisable permits and licenses, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable which shall be furnished to Landlord stating that the Work will not adversely affect the Systems before work commences; (3) in compliance with attached Exhibit D: and Equipment or the structure of the Property, and requirements as to the manner and times in which such Work shall be done. All Work shall be performed (4) in a good and workmanlike manner and diligently prosecuted to completion. Tenant shall reimburse Landlord for all materials used costs and expenses (including without limitation architect's and/or engineer's fees) incurred by Landlord in approving or disapproving Tenant's Alterations. Any work not acceptable to any governmental authority or agency having or exercising jurisdiction over such work, or not reasonably satisfactory to Landlord, shall be of a quality comparable promptly replaced and corrected at Tenant's expense. Notwithstanding any failure to object to any such work, Landlord shall have no responsibility or better than those in the Premises and Property and shall be in accordance liability with plans and specifications approved by Landlordrespect thereto, and Landlord may require that all such Work be performed under Landlord's supervision. In all casesUpon completion, Tenant shall pay Landlord record a reasonable fee Notice of Completion as required or permitted by law, Tenant shall deliver to cover Landlord, within 30 days after completion of such work, a copy of the Certificate of occupancy with respect thereto, two (2) complete sets of "as-built" plans of the Alterations and copies of all contracts and other evidence of the cost of construction. No work shall proceed without Landlord's overhead prior written approval of certificates of insurance from approved companies for Builder's Risk Insurance, Workers' Compensation as required by law and Combined Single Limit Bodily Injury and Property Damage Insurance covering comprehensive general liability and automobile liability in reviewing an amount not less than $1,000,000 per occurrence, which policies shall be endorsed to name Landlord as an additional insured and shall show a waiver of subrogation by the insurer to any claims Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents contractor, subcontractors or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances suppliers may have any obligation to repair, maintain or replace any portion of the Workagainst Landlord. Tenant shall keep the Property and Premises free from need not obtain Landlord's consent to any mechanic'sInterior, materialman's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlordstructural, and if Tenant shall fail to non-mechanical Alterations which do sonot exceed, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall aggregate, $10,000 in all respects be subordinate to Landlord's title to cost in any 12-month period during the Property and PremisesTerm.
Appears in 1 contract
Sources: Standard Industrial Lease (Sterigenics International Inc)
Alterations and Liens. Tenant 5.1 Except as provided in Section 5.2, Lessee shall not make no additionsany alterations, changes, alterations additions or improvements to the building located on the Leased Premises (the "WorkBuilding") or to any other part of the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Leased Premises without the prior written consent of LandlordLessor. Landlord may impose reasonable requirements as a condition Upon termination of this Lease, all additions, alterations or improvements (excluding property which Lessee is entitled to remove under Section 5.2) shall become and be the Lessor's property without any obligation of Lessor for compensation or credit to lessee other than to pay to Lessee the net proceeds from the disposition, if any, of such consent including property, less the expenses of such disposition and less any amounts then due from Lessee to Lessor, but Lessor shall have no obligation to dispose of any of such property.
5.2 Lessee shall have the right to install in and on the Building any trade fixtures, equipment and temporary or non- structural partitions or partition walls which Lessee deems necessary in the operation of its business and to remove the same from time to time during the term of this Lease. If Lessee fails to remove any of its trade fixtures or equipment at the termination of this Lease, Lessee will be deemed to have conveyed such items to Lessor without limitation any obligation of Lessor for compensation or credit to Lessee for the submission value thereof; provided, however, that if Lessor elects to remove such items from the Leased Premises, Lessee shall be responsible and shall promptly pay or reimburse Lessor for the cost of plans such removal and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval all costs of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as repairing any damage to the manner Leased Premises caused by such removal. Upon the termination of this Lease, Lessee will also remove any partitions or partition walls installed by Lessee in the Building which Lessor requests Lessee to remove. The removal by Lessee of trade fixtures, equipment and times in which such Work partitions or partition walls shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be solely at the expense of a quality comparable to or better than those in the Premises and Property Lessee and shall be done in accordance with plans and specifications approved by Landlorda manner satisfactory to Lessor, and Landlord may require that Lessee shall be responsible and promptly pay or reimburse Lessor for all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing costs of repairing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as damage to the adequacy of Leased Premises caused by such removal.
5.3 Lessee shall, at its expense, remove any liens filed against the design, workmanship Leased Premises or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialmanLessor's or similar liens or other such encumbrances interest therein in connection with alterations, additions, repairs, maintenance or improvements by Lessee or any Work on other liens filed against the Leased Premises with respect to any obligation or respecting liability of Lessee within 30 days after the Premises not performed filing or other establishment of such lien. In the event Lessee fails to remove any such lien, Lessor, in addition to his remedies under Section 14, may at his sole discretion, remove such lien by paying such amount thereof or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or by taking such additional time other actions as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any release such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlordlien, and if Tenant Lessee shall fail to do so, Landlord may pay the amount necessary reimburse Lessor for all costs and expenses incurred by Lessor to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable promptly upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed demand by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and PremisesLessor.
Appears in 1 contract
Sources: Lease Agreement (Pharmaceutical Product Development Inc)
Alterations and Liens. Tenant shall not make no additionsor permit to be made any alterations, changes, alterations or improvements (the "Work") changes in and additions to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises premises without the prior written consent of Landlord. All alterations, changes and additions that may be required shall be done either by or under the direction of Landlord may impose reasonable requirements as a condition at the cost of such consent including without limitation Tenant, and shall become immediately the submission property of plans Landlord and specifications for Landlord's prior written approvalshall remain upon and be surrendered with the premises at the termination of the term of this Lease. Tenant, obtaining necessary permits, posting bonds, obtaining insurance, prior approval upon the termination of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment this Lease or the structure expiration of the Propertyterm hereof, or for any other reason, shall quit and surrender the premises in good order, condition and repair, reasonable wear and tear and damage by fire, and requirements as act of God or the elements excepted. Upon the termination of this Lease or the expiration of the term or otherwise, Landlord shall have the option to require Tenant to remove from the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlordpremises, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing at Tenant's plans and specifications and performing any supervision expense, all improvements placed on the premises by Tenant, with the premises thereafter to be restored to its previous condition, at the expense of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the WorkTenant. Tenant shall keep the Property premises and Premises building of which the premises are a part free and clear of any liens and shall indemnify, hold harmless and defend Landlord from any mechanic's, materialman's liens and encumbrances arising out of any work performed or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed materials furnished by or at the request direction of LandlordTenant. In the event any lien is filed, and Tenant shall indemnify and hold Landlord harmless from and against do all acts necessary to discharge any claims, liabilities, judgmentslien within ten (10) days of filing, or costs (including attorneys' fees) arising out if Tenant desires to contest any lien, then Tenant shall deposit with Landlord such security as Landlord shall demand to insure the payment of the same or in connection therewithlien claim. Tenant shall give Landlord notice at least twenty (20) days prior to In the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if event Tenant shall fail to do sopay any lien claim when due or shall fail to deposit the security with Landlord, then Landlord may pay shall have the amount right to expend all sums necessary to remove such discharge the lien or encumbranceclaim, without being responsible for investigating and Tenant shall pay as additional rental, when the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demandnext rental payment is due, without limitation as to other remedies available to all sums expended by Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do discharging any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null lien, including attorneys' fees and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premisescosts.
Appears in 1 contract
Sources: Office Lease (Intraware Inc)
Alterations and Liens. Tenant shall make no additions, changes, alterations or improvements (the "WorkWORK") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlord, which consent will not be unreasonably withheld, conditioned or delayed, as long as any proposed additions, changes, alterations or improvements do not affect the Systems and Equipment or the structure of the Property and as long as Tenant complies with the other requirements of this Article 8. Although Tenant must comply with the other provisions of this Article 8, Tenant must provide prior notice to Landlord, but need not obtain Landlord's consent, as a condition of performing (a) cosmetic improvements such as painting or re-carpeting, or (b) additions, changes, alterations or improvements that do not affect the Systems and Equipment or the structure of the Property and which cost less than $25,000 in the aggregate. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers reasonably acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and reasonable requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead out-of-pocket expenses incurred in reviewing connection with Landlord's review of Tenant's plans and specifications and performing any Landlord's supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work, unless the necessity for such repair, maintenance or replacement is due to the negligence or willful misconduct of Landlord or its agents or their respective employees or contractors. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty ten (2010) days prior to the commencement of any Work on the Premises (or or, if applicable, such additional time as may be necessary under applicable Laws), Laws to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility). Tenant shall remove any such lien or encumbrance by bond or otherwise within Within thirty (30) days after written notice by Landlord of the existence of a lien, Tenant shall either (i) cause the lien to be released and removed of record, (ii) provide Landlord with endorsements (reasonably acceptable to Landlord and any Holder) to Landlord's and Holder's title insurance policies insuring against the enforcement of such lien, or (iii) provide Landlord with a bond from a company reasonably satisfactory to Landlord and in form, substance and amount reasonably satisfactory to Landlord, and if insuring against loss arising from the enforcement of such lien. If Tenant shall fail to do sotake any of the foregoing actions, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any To the fullest extent permitted by applicable Law, any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises.
Appears in 1 contract
Sources: Office Lease (Participate Com Inc)
Alterations and Liens. Tenant shall make no additions, changes, alterations or improvements (the "Work") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlord; provided, however, Tenant shall be permitted to perform non-structural Work that is only cosmetic in nature (consisting of painting, carpeting, wall 1888 Century Park East [SCPIE Holdings Lease] 13 covering and floor covering) not exceeding an aggregate cost of $75,000 ("Cosmetic Work") on any one floor of the Premises, without Landlord's consent, so long as Tenant pays for the entire cost of such Work and delivers written notice to Landlord of the proposed Work, together with any plans and specifications, if any, not less than ten (10) business days prior to the anticipated commencement of any such Work. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, reasonable prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers reasonably acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and reasonable requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and or Property and shall shall, to the extent applicable, be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work (other than Cosmetic Work) be performed under Landlord's supervision. In all casescases in which Landlord's consent is required, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing specifications, except that Landlord shall not charge Tenant any supervision of the Workfee. If Landlord consents or supervisessupervises any work, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. The Work Agreement shall apply with respect to Tenant's initial improvement Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, Tenant and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including reasonable attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon within thirty (30) days after demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord 1888 Century Park East [SCPIE Holdings Lease] 14 Tenant shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises.
Appears in 1 contract
Sources: Office Lease (Scpie Holdings Inc)
Alterations and Liens. Tenant 5.1 Lessee shall have the right to make no additionsany alterations, changes, alterations additions or improvements (the "Work") to the Leased Premises as deemed necessary or desirable by Lessee for the Systems and Equipment (use of the Leased Premises as defined permitted in Article 25) pertaining to the Premises Section 4 without the prior written consent of LandlordLessor, provided, however, that (i) Lessee shall give not less than 20 days prior written notice to Lessor of the alterations, additions or improvements to be made, and shall allow Lessor the opportunity to file a notice of non-responsibility for the construction thereof. Landlord may impose reasonable requirements In addition, Lessee shall obtain builder’s risk insurance for any such construction for the benefit of Lessee and Lessor. Lessee shall obtain waivers of liens from all contractors upon completion of construction. All improvements, including any additions, alterations or improvements (excluding property which Lessee has the right to remove under Section 5.2) made by Lessee, are and shall remain Lessor’s property without any obligation of Lessor to compensate or otherwise credit Lessee therefor.
5.2 Lessee shall have the right to install in and on the Leased Premises any trade fixtures, equipment and temporary or nonstructural partitions and facilities which Lessee deems necessary or desirable for the use of the Leased Premises as a condition permitted in Section 4 and to remove the same from time to time during the term of this Lease. If Lessee fails to remove any of its trade fixtures or equipment within 30 days following the expiration or termination of this Lease, Lessee will be deemed to have conveyed such items to Lessor without any obligation of Lessor for compensation or credit to Lessee for the value thereof; provided, however, that if Lessor elects to remove such items from the Leased Premises within such 30-day period, Lessee shall be responsible and shall promptly pay or reimburse Lessor for the cost of such consent including without limitation the submission removal and for all costs of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as repairing any damage to the manner and times Leased Premises caused by such removal. Upon the termination of this Lease, Lessee will also remove any partitions or other facilities installed by Lessee in the Leased Premises which such Work Lessor requests Lessee to remove. Such removals by Lessee shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be solely at the expense of a quality comparable to or better than those in the Premises and Property Lessee and shall be done in accordance with plans and specifications approved by Landlorda manner reasonably satisfactory to Lessor, and Landlord may require that Lessee shall be responsible and promptly pay or reimburse Lessor for all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing costs of repairing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as damage to the adequacy of Leased Premises caused by such removals.
5.3 Lessee shall, at its expense, remove any liens filed against the design, workmanship Leased Premises or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances Lessee’s interest therein in connection with alterations, additions, repairs, maintenance, improvements or other actions by Lessee or with respect to any Work on obligation or respecting liability of Lessee, before the Premises not performed date upon which any such lien would be foreclosable under law. Lessee may contest any such lien by or at the request of Landlord, and lawful procedures provided that Lessee shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgmentspay, or costs (including attorneys' fees) arising out of cause the same removal by bond or otherwise, as permitted by applicable law, such lien before the date upon which any such lien would be foreclosable under law. In the event Lessee fails to remove any such lien, Lessor, in connection therewith. Tenant shall give Landlord notice addition to its remedies under Section 14, may at least twenty (20) days prior to the commencement of any Work on the Premises (its sole discretion, remove such lien by paying such amount thereof or by taking such additional time other actions as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any release such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlordlien, and if Tenant Lessee shall fail to do so, Landlord may pay the amount necessary reimburse Lessor for all costs and expenses incurred by Lessor to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable promptly upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed demand by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and PremisesLessor.
Appears in 1 contract
Sources: Lease (Darling International Inc)
Alterations and Liens. Tenant shall make no additions, changes, alterations or improvements (the "Work") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlord. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-non- responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises.
Appears in 1 contract
Alterations and Liens. Tenant 5.1 Except as provided in Section 5.2, Lessee shall not make no additionsany alterations, changes, alterations additions or improvements to the building located on the Leased Premises (the "Work"“Building”) or to any other part of the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Leased Premises without the prior written consent of LandlordLessor. Landlord may impose reasonable requirements as a condition Upon termination of this Lease, all additions, alterations or improvements (excluding property which Lessee is entitled to remove under Section 5.2) shall become and be the Lessor’s property without any obligation of Lessor for compensation or credit to Lessee other than to pay to Lessee the net proceeds from the disposition, if any, of such consent including property, less the expenses of such disposition and less any amounts then due from Lessee to Lessor, but Lessor shall have no obligation to dispose of any of such property.
5.2 Lessee shall have the right to install in and on the Building any trade fixtures, equipment and temporary or non-structural partitions or partition walls which Lessee deems necessary in the operation of its business and to remove the same from time to time during the term of this Lease. If Lessee fails to remove any of its trade fixtures or equipment at the termination of this Lease, Lessee will be deemed to have conveyed such items to Lessor without limitation any obligation of Lessor for compensation or credit to Lessee for the submission value thereof; provided, however, that if Lessor elects to remove such items from the Leased Premises, Lessee shall be responsible and shall promptly pay or reimburse Lessor for the cost of plans such removal and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval all costs of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as repairing any damage to the manner Leased Premises caused by such removal. Upon the termination of this Lease, Lessee will also remove any partitions or partition walls installed by Lessee in the Building which Lessor requests Lessee to remove. The removal by Lessee of trade fixtures, equipment and times in which such Work partitions or partition walls shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be solely at the expense of a quality comparable to or better than those in the Premises and Property Lessee and shall be done in accordance with plans and specifications approved by Landlorda manner satisfactory to Lessor, and Landlord may require that Lessee shall be responsible and promptly pay or reimburse Lessor for all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing costs of repairing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as damage to the adequacy of Leased Premises caused by such removal.
5.3 Lessee shall, at its expense, remove any liens filed against the design, workmanship Leased Premises or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances Lessor’s interest therein in connection with alterations, additions, repairs, maintenance or improvements by Lessee or any Work on other liens filed against the Leased Premises with respect to any obligation or respecting liability of Lessee within 30 days after the Premises not performed filing or other establishment of such lien. In the event Lessee fails to remove any such lien, Lessor, in addition to his remedies under Section 14, may at his sole discretion, remove such lien by paying such amount thereof or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or by taking such additional time other actions as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any release such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlordlien, and if Tenant Lessee shall fail to do so, Landlord may pay the amount necessary reimburse Lessor for all costs and expenses incurred by Lessor to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable promptly upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed demand by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and PremisesLessor.
Appears in 1 contract
Sources: Lease Agreement (Pharmaceutical Product Development Inc)
Alterations and Liens. Tenant The Sublessee shall make no additions, changes, structural alterations or improvements (the "Work") additions to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Demised Premises without the prior written consent of Landlordthe Sublessor. Landlord may impose reasonable requirements as a condition Upon the giving of such written consent including without limitation all alterations, additions and improvements, excluding trade fixtures, furnishings and equipment made in, to or on the submission Demised Premises shall become the property of plans the Sublessor (or Master Lessor, as hereinafter defined) and specifications shall remain upon and be surrendered with the Demised Premises, except that the Sublessee shall ascertain from the Sublessor within sixty (60) days before the expiration of this term whether the Sublessor desires to have the Demised Premises or any part or parts thereof restored to their condition as of the time of the delivery thereof to the Sublessee (except for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors any and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union laboroffices or office-related improvements which shall remain), affidavits from engineers acceptable and, if the Sublessor so desires, the Sublessee shall restore said Demised Premises or such part or parts thereof to Landlord stating that such original condition before the Work will not adversely affect the Systems and Equipment or the structure end of the Property, and requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be term of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or this Sublease entirely at the request of Landlord, Sublessee's own cost and expense. The Sublessee shall indemnify and save and hold Landlord harmless the Sublessor from and against any claimsall liens, liabilities, judgments, claims or costs (including attorneys' fees) demands arising out of any work performed, materials furnished or obligations incurred by or for the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior Sublessee upon said Demised Premises during said term and agrees not to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove suffer any such lien or encumbrance by bond or otherwise within thirty to be imposed on any of the Sublessor's premises. The Sublessor shall have the right, after the giving of not less than five (305) days after written days' notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary Sublessee to remove such lien or encumbrance, without being responsible for investigating to bring such action or proceeding as may be necessary to effect the validity removal thereof and the costs and expenses thereof. The amount so paid , including reasonable attorney's fees, shall be deemed additional Rent under this Lease become immediately due and payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title by the Sublessee to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and PremisesSublessor as Additional Rent.
Appears in 1 contract
Alterations and Liens. Tenant shall not make no any additions, changes, alterations or improvements ("Alterations") outside the Premises, except in accordance with Exhibit B. Except for Permitted Alterations, Tenant shall not make any Alterations within the Premises ("Tenant Work") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld. If Landlord does not consent or object in writing to a proposed Alteration within 10 days after its receipt of Tenant’s request for consent, Tenant may send Landlord a second written notice requesting consent, which must disclose that it is a second notice. If Landlord does not respond within five (5) days of receipt of the second notice, Landlord’s consent to the requested Alteration will be deemed given. Except with respect to Permitted Alterations (as defined below) Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Tenant Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as to the manner and times in which such Tenant Work shall be done. All Tenant Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and and, except with respect to Permitted Alterations, shall be in accordance with plans and specifications approved by Landlord, and and, except with respect to Permitted Alterations, Landlord may require that all such Tenant Work be performed under Landlord's supervision. In all cases, Tenant shall pay reimburse Landlord a reasonable fee to cover Landlord's overhead for all out of pocket costs incurred by Landlord in reviewing Tenant's plans and specifications and performing any supervision of supervising the Tenant Work. If Consent or supervision by Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Tenant Work. Notwithstanding anything in this Lease to the contrary other than Exhibit B with respect to the initial Work, without (1) Landlord’s consent, (2) submission of any plans and specifications to Landlord, (3) supervision by Landlord, or (4) payment to Landlord of any plan review or supervision fees (but subject to the other requirements of this Lease), Tenant may make cosmetic Alterations to the Premises that do not affect Systems and Equipment or structural components, that do not require a building permit or raise building code issue(s), do not impact the quiet enjoyment of other Building tenants, and that are not visible outside the Premises, the cost of which must not exceed $75,000 in any instance or series of related instances (collectively, “Permitted Alterations”). Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Tenant Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including reasonable attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty five (205) days prior to the commencement of any Tenant Work on the Premises (or such additional time as may be necessary under applicable Laws), ; in addition Tenant shall post a written or printed notice on the Premises stating that Landlord’s interest shall not be subject to afford any liens pursuant to §38-22-105(2) of the Colorado Revised Statutes or any similar statute enacted after the Commencement Date. Landlord shall also have the opportunity right to post and keep posted notices such as those provided for by §38-22-105(2) of posting and recording appropriate notices the Colorado Revised Statutes or to take any further reasonable action that Landlord may deem to be proper for the protection of non-responsibilityLandlord’s interest in the Premises. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens lien or encumbrances encumbrance whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Tenant Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. Certificates of such insurance, with paid receipts therefor, must be received by Landlord before any work is commenced. All contracts between Tenant and a contractor must explicitly require the contractor to (a) name Landlord and Landlord’s agents as additional insureds and (b) indemnify and hold harmless Landlord and Landlord’s agents.
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Alterations and Liens. Tenant shall make no additions, changes, alterations or improvements in which the cost exceeds $2,000.00 (the "Work") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlord. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors subcontractor and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner in compliance with all applicable governmental standards, rules and regulations and approval requirements and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all casesFor work costing in excess of $2,000, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of of, materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including including; attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-non- responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing Nothing, contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises.
Appears in 1 contract
Sources: Lease Agreement (Infocure Corp)
Alterations and Liens. (A) Except as expressly set forth in this Paragraph, Tenant shall make no additions, changes, alterations or improvements (the "Work") to the Premises or the Systems and Equipment (as defined in Article 2526) pertaining to the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed. Landlord's approval of any Work shall not be required if (i) the total cost of the Work (including materials) is less than $3,000.00 and any Work not requiring Landlord's consent performed by Tenant does not exceed $5,OOO.OO in any twelve (12) month period during the Term, (ii) the Work does not affect Building Systems and Equipment or structural components of the Property, whether required by heavy loads or otherwise, or alter the configuration of the Premises, (iii) the Work consists of only standard office alterations conforming to Building standard finishes and materials being used by Landlord at the Property, and (iv) Tenant gives Landlord notice that the Work will be performed at least May 7, 1999 ten (10) business days prior to the commencement thereof and provides Landlord with such information related to the Work as Landlord may reasonably request. Landlord may impose reasonable requirements as a condition of such providing its consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and supplierssupplies, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure or operation of the Property, and requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Landlord and Tenant acknowledge and agree that Landlord may withhold its consent to the Work if such Work necessitates compliance with any Laws for which Landlord might be responsible.
(B) Tenant shall keep the Property Property, the Building and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including Including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (Premises, or such additional time times as may be necessary under applicable LawsLaws (defined in Article 26), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility; provided, however, in the event Tenant must make emergency repairs to the Premises, Tenant shall notify Landlord as soon as possible but in any event prior to the commencement any such repairs. Tenant shall remove any such lien liens or encumbrance by bond or otherwise within thirty ten (3010) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbranceencumbrances, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property Property, Building or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property Property, Building or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises.. May 7, 1999
Appears in 1 contract
Alterations and Liens. (A) Alterations Tenant shall make no additionsnot, changes, alterations or improvements (the "Work") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlordlandlord, make any additions, changes, alterations, or improvements ("alterations") to the premises. Landlord may impose reasonable requirements as a condition of such consent including including, without limitation limitation, the submission of plans drawings, plans, and specifications for Landlordlandlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors subcontractors, and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord landlord stating that the Work alterations will not adversely affect the Systems systems and Equipment equipment or the structure of the Propertyproperty, and requirements as to the manner and times in which such Work alterations shall be done. All Work Tenant shall give written notice to landlord of any intent to make alterations, together with copies of the plans and specifications, if any, for such alterations. Tenant agrees that alterations shall be performed in a good and workmanlike manner manner, as coordinated and approved by landlord, and all materials used shall be of a quality comparable to or better than those in the Premises premises and Property and property and, where required, shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. landlord.
(B) No liens Tenant shall keep the Property property and Premises premises free from any mechanic's, materialman's 's, or similar liens or other such encumbrances in connection with any Work alterations on or respecting the Premises not performed by or at the request of Landlord, premises and shall indemnify and hold Landlord landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' attorney fees) arising out of the same or in connection therewith. Tenant shall give Landlord landlord notice at least twenty (20) 20 days prior to the commencement of any Work alterations on the Premises premises (or such additional time as may be necessary under applicable Laws), laws) to afford Landlord landlord the opportunity of posting and recording appropriate notices of non-responsibilitynonresponsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) 15 days after written notice by Landlordlandlord, and if Tenant tenant shall fail to do so, Landlord landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating making any investigation as to the validity thereof. The , and the amount so paid shall be deemed additional Rent rent reserved under this Lease lease due and payable upon demand, without limitation as to other remedies available to Landlord landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contractlease. Any claim to a lien or encumbrance upon the Property property or Premises premises arising in connection with any Work alterations on or respecting the Premises premises not performed by or at the request of Landlord landlord, shall be null and void, or at Landlordlandlord's option shall attach only against Tenanttenant's interest in the Premises premises and shall in all respects be subordinate to Landlordlandlord's title to the Property property and Premisespremises.
Appears in 1 contract
Sources: Lease Agreement (Southern Bella Inc)
Alterations and Liens. Tenant Lessee shall not make no additions, changes, or permit any other person to make any alterations or improvements (the "Work") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises any improvement thereon or facility appurtenant thereto without the prior written consent of LandlordLessor first obtained, which consent shall not be unreasonably withheld. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of Lessee shall submit detailed plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment any proposed alteration or the structure of the Property, and requirements as improvement to the manner and times Premises for Lessor's review. Lessor shall have fifteen (15) days from the time of submission of plans to respond in which writing to Lessee if he disapproves of such Work plans. Lessee has the right to terminate this lease if those plans are not approved by the Lessor. In addition, Lessee shall have the right to terminate this lease if Lessee is unable to acquire the necessary governmental approvals within sixty (60) days of submission of plans to the appropriate governmental authorities. Plans shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as submitted to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under appropriate governmental agencies no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within later than thirty (30) days after from execution of the lease. Any and all approved alterations or improvements to the Premises shall be at Lessee's sole cost and expense. Lessee shall keep the Premises free and clear from any and all liens, claims and demands for work performed, materials furnished or operations conducted on the Premises at the instance or request of Lessee. Lessee shall give Lessor not less than ten (10) days prior written notice by Landlordof the commencement of construction of any alterations or improvements exceeding $1,000.00 so that Lessor may post and maintain on the Premises, and if Tenant to record as required by law, any notice or notices of non-responsibility provided for under the mechanics lien laws of the State of California. Lessee will be required to obtain Lessor's written approval only on alterations exceeding $10,000.00 in value. Furthermore, any and all alterations, additions, improvements and fixtures, except furniture, trade fixtures, and all security devices and measures, made or placed in or on the Premises by Lessee or any other person shall fail to do soon expiration or sooner termination of this lease become the property of Lessor and remain on the Premises; provided, Landlord may pay however, that Lessor shall have the amount necessary option on expiration or sooner termination of this lease of requiring Lessee, at Lessee's sole cost and expense, to remove any or all such lien alterations, additions, improvements or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting fixtures from the Premises not performed by providing Lessee written notice within ten (10) business days following the expiration or at the request termination of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premisesthis lease.
Appears in 1 contract
Alterations and Liens. Tenant 5.1 Lessee shall have the right to make no additionsany alterations, changes, alterations additions or improvements (the "Work") to the Leased Premises as deemed necessary or desirable by Lessee for the Systems and Equipment (use of the Leased Premises as defined permitted in Article 25) pertaining to the Premises Section 4 without the prior written consent of LandlordLessor, provided, however, that (i) Lessee shall give not less than 20 days prior written notice to Lessor of the alterations, additions or improvements to be made, and shall allow Lessor the opportunity to file a notice of non-responsibility for the construction thereof. Landlord may impose reasonable requirements In addition, Lessee shall obtain builder’s risk insurance for any such construction for the benefit of Lessee and Lessor. Lessee shall obtain waivers of liens from all contractors upon completion of construction. Upon termination of this Lease, all additions, alterations or improvements (excluding property which Lessee has the right to remove under Section 5.2) shall become and be Lessor’s property without any obligation of Lessor to compensate or otherwise credit Lessee therefor. Notwithstanding the foregoing, Lessee shall have the right to demolish any improvements located on the Leased Premises that Lessee deems are not necessary for Lessee’s business operations from time to time, without any obligation of Lessee to compensate or otherwise credit Lessor therefor. Unless agreed otherwise in writing between the parties, all such alterations, additions and improvements located on the Leased Premises from time to time are and shall remain the property of Lessee for all purposes hereunder during the term of the Lease.
5.2 Lessee shall have the right to install in and on the Leased Premises any trade fixtures, equipment and temporary or nonstructural partitions and facilities which Lessee deems necessary or desirable for the use of the Leased Premises as a condition permitted in Section 4 and to remove the same from time to time during the term of this Lease. If Lessee fails to remove any of its trade fixtures or equipment within 30 days following the expiration or termination of this Lease, Lessee will be deemed to have conveyed such items to Lessor without any obligation of Lessor for compensation or credit to Lessee for the value thereof; provided, however, that if Lessor elects to remove such items from the Leased Premises within such 30-day period, Lessee shall be responsible and shall promptly pay or reimburse Lessor for the cost of such consent including without limitation the submission removal and for all costs of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as repairing any damage to the manner and times Leased Premises caused by such removal. Upon the termination of this Lease, Lessee will also remove any partitions or other facilities installed by Lessee in the Leased Premises which such Work Lessor requests Lessee to remove. Such removals by Lessee shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be solely at the expense of a quality comparable to or better than those in the Premises and Property Lessee and shall be done in accordance with plans and specifications approved by Landlorda manner reasonably satisfactory to Lessor, and Landlord may require that Lessee shall be responsible and promptly pay or reimburse Lessor for all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing costs of repairing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as damage to the adequacy of Leased Premises caused by such removals.
5.3 Lessee shall, at its expense, remove any liens filed against the design, workmanship Leased Premises or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances Lessee’s interest therein in connection with alterations, additions, repairs, maintenance, improvements or other actions by Lessee or with respect to any Work on obligation or respecting liability of Lessee, before the Premises not performed date upon which any such lien would be foreclosable under law. Lessee may contest any such lien by or at the request of Landlord, and lawful procedures provided that Lessee shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgmentspay, or costs (including attorneys' fees) arising out of cause the same removal by bond or otherwise, as permitted by applicable law, such lien before the date upon which any such lien would be foreclosable under law. In the event Lessee fails to remove any such lien, Lessor, in connection therewith. Tenant shall give Landlord notice addition to its remedies under Section 14, may at least twenty (20) days prior to the commencement of any Work on the Premises (its sole discretion, remove such lien by paying such amount thereof or by taking such additional time other actions as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any release such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlordlien, and if Tenant Lessee shall fail to do so, Landlord may pay the amount necessary reimburse Lessor for all costs and expenses incurred by Lessor to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable promptly upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed demand by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and PremisesLessor.
Appears in 1 contract
Alterations and Liens. Tenant shall make no additions, changes, alterations or improvements (the "Work") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlord. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's, materialmanmaterialmen's or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises.
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Alterations and Liens. Tenant shall make no additions, changes, alterations or improvements (the "Alteration Work") to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlord, which so long as not affecting structure or any other area of the Property and not requiring an expenditure aggregating more than $25,000, shall not be unreasonably withheld or delayed. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Alteration Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as to the manner and times in which such Alteration Work shall be done. All Alteration Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's supervision. In all cases, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications (not to exceed $1,000.00) and a charge of three percent (3%) of the cost of such Alteration Work, for performing any supervision of the Alteration Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Alteration Work. Tenant shall keep the Property and Premises free from any mechanic's, materialman's or similar liens or other such encumbrances in connection with any Alteration Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Alteration Work (once the same has been approved by Landlord and only after such approval) on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's option shall attach only against Tenant's interest in the Premises and shall in all respects be subordinate to Landlord's title to the Property and Premises.
Appears in 1 contract
Alterations and Liens. Tenant shall make no additions, changes, alterations or improvements (the "“Work"”) to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to the Premises without the prior written consent of Landlord, which Landlord shall not unreasonably withhold. Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's ’s prior written approval, obtaining necessary permits, posting bonds, obtaining insurance, prior approval of contractors, subcontractors and suppliers, prior receipt of copies of all contracts and subcontracts, contractor and subcontractor lien waivers, affidavits listing all contractors, subcontractors and suppliers, use of union labor (if Landlord uses Landlord’s lenders require that union laborlabor be used in connection with the Property), affidavits from engineers acceptable to Landlord stating that the Work will not adversely affect the Systems and Equipment or the structure of the Property, and requirements as to the manner and times in which such Work shall be done. All Work shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and shall be in accordance with plans and specifications approved by Landlord, and Landlord may require that all such Work be performed under Landlord's ’s supervision. In all cases, Tenant shall pay reimburse Landlord a for reasonable fee amounts Landlord actually pays to cover Landlord's overhead third parties involved in reviewing Tenant's ’s plans and specifications and performing any supervision of the Work. If Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Work. Tenant shall keep the Property and Premises free from any mechanic's’s, materialman's ’s or similar liens or other such encumbrances in connection with any Work on or respecting the Premises not performed by by, or at the request of Landlordof, Tenant and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including attorneys' ’ fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's ’s title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's ’s option shall attach only against Tenant's ’s interest in the Premises and shall in all respects be subordinate to Landlord's ’s title to the Property and Premises.
Appears in 1 contract
Sources: Office Lease (NGTV)
Alterations and Liens. Tenant shall not make no any additions, changes, alterations or improvements (the "Work"“Alterations”) to the Premises or the Systems and Equipment (as defined in Article 25) pertaining to outside the Premises without the prior written consent of Landlord; provided, that if another Section of this Lease addresses the specific Alteration outside the Premises at issue, then that specific section of the Lease shall control the performance of such Alteration and Tenant shall not be required to obtain the consent of Landlord with respect thereto pursuant to this Article 6 (except to the extent such other Section of this Lease contemplates that Landlord will have the right to consent to the same). After the initial Work provided for in Exhibit B attached hereto, Tenant shall not make any Alterations within the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed; provided that: (1) Tenant may, without the necessity of Landlord’s prior consent, perform any Alterations which do not affect the structure of the Building or the Systems and Equipment, provided that such Alterations (in either case, “Non Consent Alterations”): (a) are decorative in nature, including painting and carpeting, regardless of the cost thereof, or (b) cost One Hundred Thousand Dollars ($100,000) or less in any project or series of related projects; and (2) Tenant shall provide Landlord with prior notice (which may be made by telephone or email to the office of the Building) of any such Non-Consent Alterations if Tenant will employ third-party contractors or subcontractors in connection therewith. Notwithstanding anything to the contrary contained herein, the term “Alterations” shall not include the installation, relocation or removal of personal property, furniture, fixtures, moveable equipment, wiring or cabling in the Premises by or on behalf of Tenant, and Tenant shall not be required to obtain the consent of (or provide notice to) Landlord with respect thereto (except as provided in Article 25 below with respect to the Lines described therein). In connection with any Alterations proposed by Tenant which are not Non-Consent Alterations and therefore require Landlord’s consent hereunder (“Consent Alterations”), Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's ’s prior written approval, obtaining necessary permits, posting bondsobtaining insurance required hereunder, obtaining insurance, reasonable prior approval of contractorscontractors and subcontractors, subcontractors and suppliers, prior receipt delivery of copies of all contracts and subcontracts, contractor and subcontractor lien waiverswaivers (in customary form) as work proceeds, affidavits listing all contractors, subcontractors and supplierssuppliers (in customary form), use of union labor (if Landlord the Building uses union labor), affidavits from engineers information acceptable to Landlord stating in Landlord’s reasonable discretion demonstrating that the Work Alterations will not adversely affect the Systems and Equipment or the structure of the Property, and reasonable requirements as to the manner and times in which such Work Alterations shall be donedone if the Alterations will impact other tenants or occupants, Systems and Equipment or Common Areas in any material respect. Landlord shall deliver notice of its consent or withholding of consent in connection with any Consent Alterations proposed by Tenant within 20 days after Landlord receives notice of the same from Tenant together with all supporting information reasonably requested by Landlord (which notice of Landlord shall, in the case of a withholding of consent, contain a description of the reasons for Landlord’s withholding of consent), it being agreed that if Landlord fails to deliver any such notice within such 20 day period, Tenant may deliver a second written notice to Landlord advising of such failure, and if Landlord thereafter fails to deliver notice of its consent or withholding of consent within five (5) days of Landlord’s receipt of such second notice (which consent may be withheld if Landlord is waiting for additional information from Tenant pertaining to such Consent Alterations), Landlord shall be conclusively deemed to have consented to the proposed Consent Alterations. Landlord shall advise Tenant in writing at the time of Landlord’s approval of any Consent Alteration whether or not Tenant will be required to remove such Consent Alteration at the end of the Term of the Lease. All Work Alterations performed by Tenant shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to or better than those in the Premises and Property and Property. In the event Tenant requests Landlord to perform any Alterations, Landlord may charge Building standard fees (i.e., those fees charged to substantially all of the tenants in the Building from time to time) for same. Regardless of who performs Alterations, Tenant shall be in accordance with reimburse Landlord for Landlord’s actual cost of retaining a third party engineer or other third party consultant to review Tenant’s plans and specifications approved by Landlordfor any Consent Alterations and, and Landlord may require that all such Work be performed under Landlord's supervision. In all casesif Tenant proposes to perform any Alterations outside of normal Building hours, Tenant shall pay Landlord a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision ’s Building standard charges for operation of the WorkBuilding’s loading docks and/or freight elevator (if necessary in connection therewith). If Consent or supervision by Landlord consents or supervises, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materialsmaterials of any Alterations by Tenant, and Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion Alterations made by or on behalf of Tenant. Notwithstanding anything to the contrary in the foregoing, the terms of this paragraph shall govern the performance, construction and installation of any Alterations constructed by Tenant after the completion of the Work described in Exhibit B only, and shall not (except as expressly set forth in Exhibit B) apply to the performance, construction or installation of the Work (it being acknowledged that Exhibit B addresses and governs such performance, construction and installation of the Work). Regardless of whether Landlord’s consent is required, anytime Tenant engages a contractor to perform work at the Property, all Tenant’s contractors shall be required to follow Landlord’s reasonable rules and regulations for construction in the Building of which Tenant has received prior written notice and Landlord may require that, prior to performing any work in the Building, each contractor execute a copy of Landlord’s rules to evidence such contractor’s agreement to so comply. Tenant shall keep the Property and Premises free from any mechanic's’s, materialman's ’s or similar liens or other such encumbrances in connection with any Tenant Work on or respecting the Premises not performed by or at the request of Landlord, and shall indemnify and hold Landlord harmless from and against any claims, liabilities, judgments, or costs (including reasonable attorneys' ’ fees) arising out of the same or in connection therewith. Tenant shall give Landlord notice at least twenty (20) days prior to the commencement of any Work on the Premises (or such additional time as may be necessary under applicable Laws), to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibility. Tenant shall remove any such lien or encumbrance by bond bond, or provide a title insurance endorsement (or other security) or otherwise within thirty (30) days after written notice by Landlord, and if Tenant shall fail to do so, Landlord may pay the amount necessary to remove such lien or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under this Lease payable upon demand, without limitation as to other remedies available to Landlord under this Lease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord's ’s title to the Property or Premises to any liens lien or encumbrances encumbrance whether claimed by operation of law or express or implied contract. Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Tenant Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void, or at Landlord's ’s option shall attach only against Tenant's ’s interest in the Premises and shall in all respects be subordinate to Landlord's ’s title to the Property and Premises. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with companies with such ratings as Landlord may reasonably require. Certificates of such insurance, with paid receipts therefor, must be received by Landlord before any work is commenced. All contracts between Tenant and a contractor must explicitly require the contractor to (a) name Landlord and Landlord’s agents as additional insureds and (b) indemnify and hold harmless Landlord and Landlord’s agents.
Appears in 1 contract
Sources: Office Lease (SP Plus Corp)