Alterations and Liens. 9.1. Tenant shall make no additions, changes, alterations or improvements to the Premises or any electrical or mechanical facilities, including the Systems and Equipment 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, without limitation: the submission of plans and specifications for Landlord’s prior written approval, obtaining necessary permits, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance 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, affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the Systems and Equipment or the structures at the Premises, and requirements as to the manner and times in which such Alterations shall be done. All 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 shall be in accordance with plans and specifications approved by Landlord and with all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises. 9.2. Tenant shall keep the Premises free from any mechanic’s, materialman’s or similar liens or other such encumbrances in connection with any 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 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 title to the Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 Premises.
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Samples: Lease (Schnitzer Steel Industries Inc), Lease (Schnitzer Steel Industries 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, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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 Alterations Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and requirements as to the manner and times in which such Alterations Work shall be done. All Alterations 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 Landlord, and with all Laws. Landlord may require that all such Alterations Work 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2Work. 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 Alterations of 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 Alterations 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 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. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Alterations of Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void orvoid, 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.
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Samples: 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 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, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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 Alterations Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and requirements as to the manner and times in which such Alterations shall Work will be done. All Alterations 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, all work and materials shall be in accordance with plans and specifications approved by Landlord Landlord, and with all Laws. Landlord may require that all such Alterations Work 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2Work. 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 Alterations of 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 Alterations Work on the Premises (or such additional time as may be necessary under applicable Lawslaws) in order 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 . If Tenant shall fail to do so, Landlord, without limitation as to other remedies available to Landlord under this Lease, may (but shall not be obligated to) 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 's title to the Property or the Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Property or the Premises arising in connection with any Alterations of 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 the Premises.
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Alterations and Liens. 9.1. Tenant shall make no additions, changes, alterations or improvements 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, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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 supplierssuppliers use of union labor (if Landlord uses union labor), affidavits from engineers acceptable to Landlord stating that the Alterations Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and requirements as to the manner and times in which such Alterations Work shall be done. All Alterations 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 Landlord, and with all Laws. Landlord may require that all such Alterations Work 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 AlterationsWork. In no event shall the Alterations consist of a structural modification of the Premises.
9.2. Tenant shall keep the Premises free from any mechanic’s, materialman’s or similar liens or other such encumbrances in connection with any 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 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 title to the Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 Premises.See
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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, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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 Alterations Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and requirements as to the manner and times in which such Alterations Work shall be done. All Alterations 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 Landlord, and with all Laws. Landlord may require that all such Alterations Work be performed under Landlord’s 's supervision. 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2Work. 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 Alterations of 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 Alterations 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 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. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Alterations of Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void orvoid, 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 1 contract
Alterations and Liens. 9.1. Tenant shall make no additions, changes, alterations 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 includingconsent, including without limitation: limitation the submission of plans and specifications for Landlord’s 's prior written approval, ; obtaining necessary permits, ; posting bonds; obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably require, 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 Alterations Work will not adversely affect the Systems and Equipment or the structures at structure of the Premises, Property; and requirements as to the manner and times in which such Alterations Work shall be done. All Alterations 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 Landlord, and with all Laws. Landlord may require that all such Alterations Work 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 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2Work. 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 Alterations of 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 Alterations 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 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. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Alterations of Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void orvoid, 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 1 contract
Alterations and Liens. 9.1. (A) Except as expressly set forth in this Paragraph, Tenant shall make no additions, changes, alterations or improvements ("Work") to the Premises or any electrical or mechanical facilities, including the Systems and Equipment (as defined in Article 26) 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 which shall not be unreasonably withheld or delayed. Landlord's approval of any Work shall not be required if (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 (bi) the total cost for of the Alterations Work (including materials) is less than $3,000.00 and any Work not requiring Landlord's consent performed by Tenant does not exceed Fifty Thousand Dollars $5,OOO.OO in any twelve ($50,000.00)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, including without limitation: limitation the submission of plans and specifications for Landlord’s 's prior written approval, obtaining necessary permits, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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 Alterations Work will not adversely affect the Systems and Equipment or the structures at structure or operation of the PremisesProperty, and requirements as to the manner and times in which such Alterations Work shall be done. All Alterations 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 Landlord, and with all Laws. Landlord may require that all such Alterations Work be performed under Landlord’s 's supervision. 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 AlterationsWork. In no event shall Landlord and Tenant acknowledge and agree that Landlord may withhold its consent to the Alterations consist of a structural modification of the PremisesWork if such Work necessitates compliance with any Laws for which Landlord might be responsible.
9.2. (B) Tenant shall keep the Property, the Building and Premises free from any mechanic’s's, materialman’s 's or similar liens or other such encumbrances in connection with any Alterations of 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 Alterations Work on the Premises (Premises, or such additional time times as may be necessary under applicable Laws) Laws (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 promptly notify Landlord of as soon as possible but in any claims or liens (or threats of potential claims or liens) against event prior to the Premises or commencement 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 thereonrepairs. 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 (but shall not be obligated to) 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 's title to the Property, Building or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Property, Building or Premises arising in connection with any Alterations of Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void orvoid, 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.. May 7, 1999
Appears in 1 contract
Alterations and Liens. 9.1. Tenant shall not make no additionsor permit to be made any alterations, changes, alterations or improvements changes in and additions to the Premises or any electrical or mechanical facilities, including the Systems and Equipment pertaining to the Premises (“Alterations”), premises without the prior written consent of Landlord; not . All alterations, changes and additions that may be required shall be done either by or under the direction of Landlord at the cost of Tenant, and shall become immediately the property of Landlord and shall remain upon and be surrendered with the premises at the termination of the term of this Lease. Tenant, upon the termination of this Lease or the expiration of the term 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 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 premises, at Tenant's expense, all improvements placed on the premises by Tenant, with the premises thereafter to be unreasonably withheldrestored to its previous condition, 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, without limitation: the submission of plans and specifications for Landlord’s prior written approval, obtaining necessary permits, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance 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, affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the Systems and Equipment or the structures at the Premises, and requirements as to the manner and times in which such Alterations shall be done. All Alterations shall be performed in a good and workmanlike manner and all materials used shall be expense of a quality comparable to or better than those in the Premises and shall be in accordance with plans and specifications approved by Landlord and with all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2Tenant. Tenant shall keep the Premises premises and 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 Alterations of 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 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 event Tenant shall fail to do sopay any lien claim when due or shall fail to deposit the security with Landlord, then Landlord may (but shall not be obligated to) pay 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 Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Lawslien, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of or respecting the Premises not performed by or at the request of Landlord shall be null 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 Premisescosts.
Appears in 1 contract
Samples: Office Lease (Intraware Inc)
Alterations and Liens. 9.1. 6.1 Tenant shall have the right to make no additionsany non-structural alterations, changes, alterations additions or improvements in or to the Premises or any electrical or mechanical facilitiesinterior of the Building (collectively, including the Systems and Equipment pertaining to the Premises (“Alterations”), without the prior written consent of Landlord; not to be unreasonably withheld, provided, however, provided no such Alteration shall compromise the structural integrity of the Building or the roof thereon. Any work proposed by Tenant that affects the structural integrity or exterior of the Building or the roof shall be allowed to perform de minimis Alterations on the Premises without require 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 Landlord 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, without limitation: the submission of all plans and specifications for therefore in Landlord’s prior written approval, obtaining necessary permits, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance 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, affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the Systems and Equipment or the structures at the Premises, and requirements as to the manner and times in which such Alterations shall be donesole discretion. All Alterations made, installed in or attached to the Leased Premises by Tenant 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 shall be manner, in accordance with plans all applicable Laws. Prior to the commencement of any work permitted in accordance with this Article 6, Tenant shall assure that all contractors and specifications approved by subcontractors that will perform such work carry insurance providing prudent coverage to Landlord and with all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. 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 Alterations. In no event shall the Alterations consist of a structural modification of the PremisesTenant.
9.2. 6.2 Tenant shall keep the Leased Premises free from any mechanic’sall liens, materialman’s or similar rights to liens or other such encumbrances in connection with any Alterations 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 of any 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-responsibilityCommencement 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 promptly notify 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 any claims this Lease.
6.4 Tenant shall not penetrate, puncture, or liens (or threats of potential claims or liens) against otherwise alter the Premises roof or any portion thereof or without obtaining the improvements thereon, so that Landlord may take such actions as Landlord may deem necessary or appropriate for protection prior written consent 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 which consent shall not be obligated to) pay unreasonably withheld, conditioned or delayed with respect to communications antennae, dishes, and similar or related equipment. In the amount 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 items upon the roof or of other work thereon all necessary flashing, patching, and other repairs that may, in the reasonable discretion of Landlord, be necessary to remove such lien or encumbrance, without being responsible for investigating return 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 Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any claim roof to a lien or encumbrance upon the Premises arising waterproof condition is performed in connection a first-class and workmanlike manner and in keeping with any Alterations of 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 Premisesroof.
Appears in 1 contract
Samples: Triple Net Lease (Greenway Medical Technologies Inc)
Alterations and Liens. 9.1. Tenant shall not make no any additions, changes, alterations or improvements to the Premises or any electrical or mechanical facilities, including the Systems and Equipment pertaining to the Premises (“Alterations”), ) outside the Premises without the prior written consent of Landlord; not to be unreasonably withheld, provided, howeverthat 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 be allowed to perform de minimis not make any Alterations on within the Premises without the prior written consent of Landlord, so long as which shall not be unreasonably withheld, conditioned or delayed; provided that: (a1) Tenant may, without the necessity of Landlord’s prior consent, perform any Alterations which do not affect the structure of the Building or have any impact upon the structural integrity, 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 any electrical or mechanical facilities pertaining to the Premises, and (b) the total cost for the Alterations does not exceed Fifty One Hundred Thousand Dollars ($50,000.00100,000) 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: including the submission of plans and specifications for Landlord’s prior written approval, obtaining necessary permits, obtaining payment and performance bondsinsurance required hereunder, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably require, 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), affidavits from engineers use of union labor (if the Building uses union labor), information acceptable to Landlord stating in Landlord’s reasonable discretion demonstrating that the Alterations will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and reasonable requirements as to the manner and times in which such 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 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. 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 for any Consent Alterations and, if Tenant proposes to perform any Alterations outside of normal Building hours, Tenant shall pay Landlord Landlord’s Building standard charges for operation of the Building’s loading docks and/or freight elevator (if necessary in connection therewith). Consent or supervision by Landlord and with all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. If 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 Alterations. In no event Work described in Exhibit B only, and shall not (except as expressly set forth in Exhibit B) apply to the Alterations consist of a structural modification performance, construction or installation of the Premises.
9.2Work (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, materialman’s or similar liens or other such encumbrances in connection with any Alterations of 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 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 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 (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 title to the Property or Premises to any liens lien or encumbrances encumbrance whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Alterations of Tenant Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void orvoid, 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 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
Samples: Office Lease (SP Plus Corp)
Alterations and Liens. 9.1. (A) Tenant shall make no additions, changes, alterations or improvements (the “Alterations”) to the Premises or any electrical or mechanical facilities, including the Systems and Equipment (as defined in Article 24) 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) which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant may make non-structural, cosmetic Alterations which do not affect or have any impact upon the structural integrity, Systems and Equipment, Equipment or cost in excess of $50,000 in any electrical or mechanical facilities pertaining to single instance without Landlord’s consent but otherwise in accordance with the Premises, and (b) provisions of the total cost for the Alterations does not exceed Fifty Thousand Dollars ($50,000.00)Lease. 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, which consent shall not be unreasonably withheld or delayed, obtaining necessary permits, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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 Alterations will not adversely affect the Systems and Equipment or the structures at structure of the PremisesBuilding or the Complex, and requirements as to the manner and times in which such Alterations shall be done. All 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 shall be Building, (ii) in accordance with plans and specifications approved by Landlord Landlord, and (iii) in accordance with all Lawsapplicable legal requirements and requirements of any insurance company insuring the Building or portion thereof. Landlord may require that all such Alterations be performed under Landlord’s supervision. In all cases, Tenant shall pay Landlord a reasonable fee not to exceed $1,000 to cover Landlord’s overhead in reviewing Tenant’s plans and specifications and performing any supervision of the Alterations. 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 Alterations. .
(B) In no event shall accordance with the Alterations consist of a structural modification 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 xxxx 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.
9.2. (C) Tenant shall keep the Complex, the Building and the Premises free from any mechanic’s, materialman’s or similar liens or other such encumbrances in connection with any Alterations of 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 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 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 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 (but shall not be obligated to) 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 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. To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 reasonable determination. Tenant will also cause its contractor(s) to coordinate their use of and access to the 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. 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, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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 Alterations Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and requirements as to the manner and times in which such Alterations Work shall be done. All Alterations 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 Landlord, and with all Laws. Landlord may require that all such Alterations Work 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2Work. Tenant shall keep the Property and Premises free from any mechanic’s's, materialman’s materialmen's or similar liens or other such encumbrances in connection with any Alterations of 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 Alterations 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 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. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Alterations of Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void orvoid, 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 1 contract
Alterations and Liens. 9.1. Tenant shall make no additions, changes, alterations or improvements (the "Alteration Work") to the Premises or any electrical or mechanical facilities, including the Systems and Equipment 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, which so long as (a) the Alterations do not affect or have any impact upon the structural integrity, Systems and Equipment, affecting structure or any electrical other area of the Property and not requiring an expenditure aggregating more than $25,000, shall not be unreasonably withheld or mechanical facilities pertaining to the Premises, and (b) the total cost for the Alterations does not exceed Fifty Thousand Dollars ($50,000.00)delayed. 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, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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 Alterations Alteration Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and requirements as to the manner and times in which such Alterations Alteration Work shall be done. All Alterations 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 Landlord, and with all Laws. Landlord may require that all such Alterations Work 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 (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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2Alteration 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 Alterations of 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 Alterations 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 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. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Alterations of Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void orvoid, 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 1 contract
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 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) the Alterations cosmetic improvements such as painting or re-carpeting, or (b) additions, changes, alterations or improvements that do not affect or have any impact upon the structural integrity, Systems and Equipment, Equipment or any electrical or mechanical facilities pertaining to the Premises, structure of the Property and (b) which cost less than $50,000 in the total cost for the Alterations does not exceed Fifty Thousand Dollars ($50,000.00)aggregate. 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 prior written approval, obtaining necessary permits, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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 Alterations Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and reasonable requirements as to the manner and times in which such Alterations Work shall be done. All Alterations 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 Landlord, and with all Laws. Landlord may require that all such Alterations Work be performed under Landlord’s supervision. In all cases, Tenant shall pay Landlord’s out-of-pocket expenses incurred in connection with Landlord’s review of Tenant’s plans and specifications and 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2Work. 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 Alterations of 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 Alterations 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 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 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 (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 title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Alterations of Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void orvoid, 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 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. 9.1Lessee shall not make or permit any other person to make any alterations to the Premises or to any improvement thereon or facility appurtenant thereto without the written consent of Lessor first obtained, which consent shall not be unreasonably withheld. Tenant Lessee shall make submit detailed plans and specifications for any proposed alteration or improvement to the Premises for Lessxx'x xeview. Lessor shall have fifteen (15) days from the time of submission of plans to respond in writing to Lessxx xx he disapproves of such plans. Lessee has the right to terminate this lease if those plans are not approved by the Lessor. In addition, Lessxx xxxll have the right to terminate this lease if Lessxx xx unable to acquire the necessary governmental approvals within sixty (60) days of submission of plans to the appropriate governmental authorities. Plans shall be submitted to the appropriate governmental agencies no additions, changes, later than thirty (30) days from execution of the lease. Any and all approved alterations or improvements to the Premises or any electrical or mechanical facilities, including the Systems and Equipment 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 at Lessee's sole cost 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)expense. 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, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance 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, affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the Systems and Equipment or the structures at the Premises, and requirements as to the manner and times in which such Alterations shall be done. All 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 shall be in accordance with plans and specifications approved by Landlord and with all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2. Tenant Lessee shall keep the Premises free and clear from any mechanic’sand all liens, materialman’s claims and demands for work performed, materials furnished or similar liens or other such encumbrances in connection with any Alterations of or respecting operations conducted on the Premises not performed by or at the instance or 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 therewithLessee. Tenant Lessee shall give Landlord notice at least twenty Lessor not less than ten (2010) days prior to written notice of the commencement of construction of any Alterations alterations or improvements exceeding $1,000.00 so that Lessor may post and maintain on the Premises (Premises, and to record as required by law, any notice or such additional time as may be necessary under applicable Laws) to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibilityresponsibility provided for under the mechanics lien laws of the State of California. Tenant shall promptly notify Landlord of Lessee will be required to obtain Lessor's written approval only on alterations exceeding $10,000.00 in value. Furthermore, any claims and all alterations, additions, improvements and fixtures, except furniture, trade fixtures, and all security devices and measures, made or liens (placed in or threats of potential claims or liens) against on the Premises by Lessee or any portion thereof other person shall on expiration or sooner termination of this lease become the property of Lessor and remain on the Premises; provided, however, that Lessor shall have the 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 alterations, additions, improvements thereon, so that Landlord may take such actions as Landlord may deem necessary or appropriate for protection of fixtures from the Premises and/or improvements thereon. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after providing Lessee written notice by Landlord, and if Tenant shall fail to do so, Landlord may within ten (but shall not be obligated to10) pay business days following the amount necessary to remove such lien expiration or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under termination of 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 Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 Premiseslease.
Appears in 1 contract
Alterations and Liens. 9.1. Tenant Lessee shall make no not make, or allow to be made, any alterations, additions, changesimprovements, alterations repairs, deletions or improvements other modifications to the Premises Premises, or any electrical or mechanical facilities, including the Systems and Equipment pertaining to the Premises (“Alterations”)part thereof, without the prior written consent of Landlord; Lessor, which consent shall not to be unreasonably withheld. Any alterations, providedadditions, 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 improvements or have any impact upon the structural integrity, Systems and Equipment, or any electrical or mechanical facilities pertaining other modifications to the Premisessaid Premises shall, 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, without limitation: the submission of plans and specifications for Landlord’s prior written approval, obtaining necessary permits, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance 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, affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the Systems and Equipment or the structures at the Premisesoption of Lessor, become at once a part of the realty and requirements as belonging to the manner Lessor. Lessee shall retain title to all movable furniture and times in which such Alterations shall be done. All 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 trade fixtures placed in the Premises by it. Subject to the foregoing, all heating, lighting, plumbing, electrical, ventilation and air conditioning installations made by Lessee shall be in accordance with plans and specifications approved by Landlord become the property of Lessor upon installation and with all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. If Landlord consents or supervises, the same shall not be deemed a warranty as trade fixtures unless mutually agreed to in writing between the adequacy parties. If written consent of Lessor to any proposed alterations, additions, improvements, repairs, deletions or other modifications by Lessee shall have been obtained, Lessee agrees to advise Lessor in writing in advance of the designdate upon which such alterations, workmanship additions, improvements, repairs, deletions or quality other modifications will commence in order to permit Lessor to post notices of materialsnon-responsibility. Lessee agrees to post a performance bond in the amount of one hundred and twenty-five percent (125%) of the estimated costs of the specified alterations, and Landlord hereby expressly disclaims any responsibility additions, improvements, repairs, deletions or liability for other modifications, if the estimated cost exceeds $10,000, should Lessor request that Lessee obtain the same. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of the Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2. Tenant Lessee shall keep the Premises free from any mechanic’sand all liens arising from or out of any work performed, materialman’s materials furnished or similar liens obligations incurred by or on behalf of Lessee. In the event Lessor consents to the making of any alterations, additions, improvements, repairs, deletions or other such encumbrances in connection with any 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 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 title modifications to the Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To Lessee, the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of or respecting the Premises not performed by or at the request of Landlord same shall be null made by Lessee at Lessee's sole cost 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 Premisesexpense by a California licensed contractor selected by Lessee.
Appears in 1 contract
Alterations and Liens. 9.1Lessee shall not make or permit any other person to make any alterations to the Premises or to any improvement thereon or facility appurtenant thereto without the written consent of Lessor first obtained, which consent shall not be unreasonably withheld. Tenant Lessee shall make submit detailed plans and specifications for any proposed alteration or improvement to the Premises for Lessor's review. Lessor shall have fifteen (15) days from the time of submission of plans to respond in writing to Lessee if he disapproves of such 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 submitted to the appropriate governmental agencies no additions, changes, later than thirty (30) days from execution of the lease. Any and all approved alterations or improvements to the Premises or any electrical or mechanical facilities, including the Systems and Equipment 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 at Lessee's sole cost 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)expense. 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, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance 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, affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the Systems and Equipment or the structures at the Premises, and requirements as to the manner and times in which such Alterations shall be done. All 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 shall be in accordance with plans and specifications approved by Landlord and with all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2. Tenant Lessee shall keep the Premises free and clear from any mechanic’sand all liens, materialman’s claims and demands for work performed, materials furnished or similar liens or other such encumbrances in connection with any Alterations of or respecting operations conducted on the Premises not performed by or at the instance or 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 therewithLessee. Tenant Lessee shall give Landlord notice at least twenty Lessor not less than ten (2010) days prior to written notice of the commencement of construction of any Alterations alterations or improvements exceeding $1,000.00 so that Lessor may post and maintain on the Premises (Premises, and to record as required by law, any notice or such additional time as may be necessary under applicable Laws) to afford Landlord the opportunity of posting and recording appropriate notices of non-responsibilityresponsibility provided for under the mechanics lien laws of the State of California. Tenant shall promptly notify Landlord of Lessee will be required to obtain Lessor's written approval only on alterations exceeding $10,000.00 in value. Furthermore, any claims and all alterations, additions, improvements and fixtures, except furniture, trade fixtures, and all security devices and measures, made or liens (placed in or threats of potential claims or liens) against on the Premises by Lessee or any portion thereof other person shall on expiration or sooner termination of this lease become the property of Lessor and remain on the Premises; provided, however, that Lessor shall have the 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 alterations, additions, improvements thereon, so that Landlord may take such actions as Landlord may deem necessary or appropriate for protection of fixtures from the Premises and/or improvements thereon. Tenant shall remove any such lien or encumbrance by bond or otherwise within thirty (30) days after providing Lessee written notice by Landlord, and if Tenant shall fail to do so, Landlord may within ten (but shall not be obligated to10) pay business days following the amount necessary to remove such lien expiration or encumbrance, without being responsible for investigating the validity thereof. The amount so paid shall be deemed additional Rent under termination of 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 Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 Premiseslease.
Appears in 1 contract
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; 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 (a10) the Alterations do not affect or have any impact upon the structural integrity, Systems and Equipment, or any electrical or mechanical facilities pertaining business days prior to the Premises, and (b) the total cost for the Alterations does not exceed Fifty Thousand Dollars ($50,000.00)anticipated commencement of any such Work. 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, obtaining payment and performance bondsinsurance, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably require, 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 Alterations Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and reasonable requirements as to the manner and times in which such Alterations Work shall be done. All Alterations 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 or Property and shall shall, to the extent applicable, be in accordance with plans and specifications approved by Landlord Landlord, and with all Laws. Landlord may require that all such Alterations Work (other than Cosmetic Work) be performed under Landlord’s 's supervision. In all cases 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, except that Landlord shall not charge Tenant any supervision fee. 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 AlterationsWork. In no event The Work Agreement shall the Alterations consist of a structural modification of the Premises.
9.2apply with respect to Tenant's initial improvement 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 Alterations of 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 Alterations on the Premises Work (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 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 's title to the Property or Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Alterations of 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 orvoid, 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 1 contract
Samples: Office Lease (Scpie Holdings Inc)
Alterations and Liens. 9.1. Tenant 5.1 Except as provided in Section 5.2, Lessee shall not make no additionsany alterations, changes, alterations additions or improvements to the Premises or any electrical or mechanical facilities, including building located on the Systems and Equipment pertaining to the Leased Premises (the “AlterationsBuilding”), without ) or to any other part of the prior written consent of Landlord; not to be unreasonably withheld, provided, however, Tenant shall be allowed to perform de minimis Alterations on the Leased Premises without the prior written consent of LandlordLessor. Upon termination of this Lease, so long as all additions, alterations or improvements (aexcluding property which Lessee is entitled to remove under Section 5.2) shall become and be the Alterations do not affect 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 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 impact upon 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 integritypartitions 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, Systems 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, Lessee shall be responsible and Equipment, shall promptly pay or reimburse Lessor for the cost of such removal and for all costs of repairing any electrical or mechanical facilities pertaining damage to the PremisesLeased 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 (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, without limitation: the submission of plans and specifications for Landlord’s prior written approval, obtaining necessary permits, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord partitions or partition walls 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, affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the Systems and Equipment or the structures be solely at the Premises, and requirements as to the manner and times in which such Alterations shall be done. All Alterations shall be performed in a good and workmanlike manner and all materials used shall be expense of a quality comparable to or better than those in the Premises Lessee and shall be done in accordance with plans a manner satisfactory to Lessor, and specifications approved by Landlord Lessee shall be responsible and with promptly pay or reimburse Lessor for all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. If Landlord consents or supervises, the same shall not be deemed a warranty as costs of repairing any damage 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 Alterations. In no event shall the Alterations consist of a structural modification of the PremisesLeased Premises caused by such removal.
9.2. Tenant shall keep 5.3 Lessee shall, at its expense, remove any liens filed against the Leased Premises free from any mechanic’s, materialmanor Lessor’s or similar liens or other such encumbrances interest therein in connection with alterations, additions, repairs, maintenance or improvements by Lessee or any Alterations other liens filed against the Leased Premises with respect to any obligation or liability of Lessee within 30 days after the filing or respecting other establishment of such lien. In the Premises not performed 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 Alterations 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 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 release 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 Landlordlien, and if Tenant Lessee shall fail to do so, Landlord may (but shall not be obligated to) 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 Premises to any liens or encumbrances whether claimed demand by operation of law or express or implied contract. To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 PremisesLessor.
Appears in 1 contract
Samples: Lease Agreement (Pharmaceutical Product Development Inc)
Alterations and Liens. 9.1. (A) Tenant shall make no additions, changes, alterations or improvements ("Work") to the Premises or any electrical or mechanical facilities, including the Systems and Equipment (as defined in Article 26) 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, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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 Alterations Work will not adversely affect the Systems and Equipment or the structures at structure or operation of the PremisesProperty, and requirements as to the manner and times in which such Alterations Work shall be done. All Alterations 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 Landlord, and with all Laws. Landlord may require that all such Alterations Work be performed pefformed under Landlord’s 's supervision. 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 AlterationsWork. In no event shall Landlord and Tenant acknowledge and agree that Landlord may withhold its consent to the Alterations consist of a structural modification of the PremisesWork if such Work necessitates compliance with any Laws for which Landlord might be responsible.
9.2. (B) Tenant shall keep the Property, the Building and Premises free from any mechanic’s's, materialman’s materialmen's or similar liens or other such encumbrances in connection with any Alterations of 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 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 title to the Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 Premises.'
Appears in 1 contract
Samples: Consent to Sublease (At Plan Inc)
Alterations and Liens. 9.1. Tenant shall not make no any additions, changes, alterations or improvements to ("Alterations") outside the Premises or Premises. Tenant shall not make any electrical or mechanical facilities, including the Systems and Equipment pertaining to Alterations within 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 Work") without the prior written consent of Landlord, so long as (a) the Alterations do which shall 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)be unreasonably withheld. 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, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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, affidavits from engineers acceptable to Landlord stating that the Alterations Tenant Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and requirements as to the manner and times in which such Alterations Tenant Work shall be done. All Alterations 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 Landlord, and with all Laws. Landlord may require that all such Alterations Tenant Work be performed under Landlord’s 's supervision. If In all cases, Tenant shall pay Landlord consents a 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 supervising the Tenant Work. Consent or supervises, the same supervision by Landlord 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2Tenant 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 Alterations of 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 Alterations on the Premises Tenant Work (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 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 title to the Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 Premises.twenty
Appears in 1 contract
Samples: Office Lease
Alterations and Liens. 9.1. Tenant 5.1 Lessee shall have the right to make no additionsany alterations, changes, alterations additions or improvements to the Leased Premises as deemed necessary or any electrical or mechanical facilities, including desirable by Lessee for the Systems and Equipment pertaining to use of the Leased Premises (“Alterations”), as permitted in Section 4 without the prior written consent of Landlord; not to be unreasonably withheldLessor, provided, however, Tenant 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. 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 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 allowed to perform de minimis Alterations on responsible and shall promptly pay or reimburse Lessor for the Premises without the prior written consent cost of Landlord, so long as (a) the Alterations do not affect or have such removal and for all costs of repairing any impact upon the structural integrity, Systems and Equipment, or any electrical or mechanical facilities pertaining damage to the PremisesLeased Premises caused by such removal. Upon the termination of this Lease, and (b) Lessee will also remove any partitions or other facilities installed by Lessee in the total cost for the Alterations does not exceed Fifty Thousand Dollars ($50,000.00)Leased Premises which Lessor requests Lessee to remove. 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, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord Such removals by Lessee 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, affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the Systems and Equipment or the structures be solely at the Premises, and requirements as to the manner and times in which such Alterations shall be done. All Alterations shall be performed in a good and workmanlike manner and all materials used shall be expense of a quality comparable to or better than those in the Premises Lessee and shall be done in accordance with plans a manner reasonably satisfactory to Lessor, and specifications approved by Landlord Lessee shall be responsible and with promptly pay or reimburse Lessor for all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. If Landlord consents or supervises, the same shall not be deemed a warranty as costs of repairing any damage 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 Alterations. In no event shall the Alterations consist of a structural modification of the PremisesLeased Premises caused by such removals.
9.2. Tenant shall keep 5.3 Lessee shall, at its expense, remove any liens filed against the Leased Premises free from any mechanic’s, materialmanor Lessee’s or similar liens or other such encumbrances interest therein in connection with alterations, additions, repairs, maintenance, improvements or other actions by Lessee or with respect to any Alterations obligation or liability of or respecting 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 Alterations 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 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 release 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 Landlordlien, and if Tenant Lessee shall fail to do so, Landlord may (but shall not be obligated to) 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 Premises to any liens or encumbrances whether claimed demand by operation of law or express or implied contract. To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 PremisesLessor.
Appears in 1 contract
Alterations and Liens. 9.1. Tenant shall make no additions, changes, alterations or improvements (the "Tenant Work") to the Premises or any electrical or mechanical facilities, including the Systems and Equipment (as defined in Article 24) 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, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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 Alterations Tenant Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesBuilding, and requirements as to the manner and times in which such Alterations Tenant Work shall be done. All Alterations 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 Building and shall be in accordance with plans and specifications approved by Landlord Landlord, and with all Laws. Landlord may require that all such Alterations Tenant Work 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 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2Tenant Work. Tenant shall keep the Complex and the Premises free from any mechanic’s's, materialman’s 's or similar liens or other such encumbrances in connection with any Alterations of 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 Alterations 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 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 (other than the Tenant Work) which shall subject Landlord’s 's title to the Complex or the Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Complex, the Building or Premises arising in connection with any Alterations of Tenant Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void orvoid, 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 Complex, the Building and the Premises.
Appears in 1 contract
Alterations and Liens. 9.1. a. Tenant shall not make no or permit any alterations, additions, changesleasehold improvements or utility installations (collectively, alterations or improvements "Alterations") to the Premises or attach any electrical fixture or mechanical facilities, including the Systems and Equipment pertaining to the Premises (“Alterations”)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; not to be unreasonably withheld, provided, howeverconstruction of installation, 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, without limitation: the submission of submit plans and specifications for any proposed Alterations for Landlord’s prior written 's approval, obtaining necessary permits, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance 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, affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the Systems and Equipment or the structures at the Premises, and requirements as to the manner and times in which such Alterations shall be done. All Alterations shall be performed 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, copies of which shall be furnished to Landlord before work commences; (3) in compliance with attached Exhibit D: and (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 or better than those in the Premises and object to any such work, Landlord shall be in accordance with plans and specifications approved by Landlord and with all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. 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 have no responsibility or liability for the same. Landlord with respect thereto, Upon completion, Tenant shall under no circumstances have any obligation record a Notice of Completion as required or permitted by law, Tenant shall deliver to repairLandlord, maintain or replace any portion within 30 days after completion of such work, a copy of the Alterations. In no event shall Certificate of occupancy with respect thereto, two (2) complete sets of "as-built" plans of the Alterations consist and copies of a structural modification all contracts and other evidence of the Premises.
9.2cost of construction. No work shall proceed without Landlord's 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 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 contractor, subcontractors or suppliers may have against Landlord. Tenant shall keep the 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 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 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 thereonstructural, 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 Landlordnon-mechanical Alterations which do not exceed, 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 title to the Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 PremisesTerm.
Appears in 1 contract
Samples: Standard Industrial Lease (Sterigenics International Inc)
Alterations and Liens. 9.1. 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 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 which consent shall not affect be unreasonably withheld, conditioned 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)delayed. 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, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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, affidavits from engineers acceptable to Landlord stating that the Alterations Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and requirements as to the manner and times in which such Alterations Work shall be done. All Alterations 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 Landlord, and with all Laws. Landlord may require that all such Alterations Work be performed under Landlord’s 's supervision. If Tenant shall pay Landlord consents a reasonable fee to cover Landlord's overhead in reviewing Tenant's plans and specifications and performing any supervision of the Work. Landlord 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 AlterationsWork, unless damaged by the gross negligence of Landlord, its agents, employees or contractors. In no event shall Landlord hereby consents to Tenant's proposed alterations to Suitx 000 xxx Xxxxx 000, xx long as such alterations are consistent with the Alterations consist of a structural modification of improvements existing in the Premises.
9.2Premises currently occupied by Tenant. 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 Alterations of 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' fees 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 Alterations 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 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 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 (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 title to the Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 Premises.
Appears in 1 contract
Samples: Lease Agreement (Infocure Corp)
Alterations and Liens. 9.1. (A) Alterations Tenant shall make no additions, changes, alterations or improvements to the Premises or any electrical or mechanical facilities, including the Systems and Equipment pertaining to the Premises (“Alterations”)not, without the prior written consent of Landlord; not to be unreasonably withheldlandlord, providedmake any additions, howeverchanges, 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 Equipmentalterations, or any electrical or mechanical facilities pertaining improvements ("alterations") to the Premises, and (b) the total cost for the Alterations does not exceed Fifty Thousand Dollars ($50,000.00)premises. Landlord may impose reasonable requirements as a condition of such consent including, without limitation: , the submission of plans drawings, plans, and specifications for Landlord’s landlord's prior written approval, obtaining necessary permits, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance 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 subcontractors, and suppliers, affidavits from engineers acceptable to Landlord landlord stating that the Alterations alterations will not adversely affect the Systems systems and Equipment equipment or the structures at structure of the Premisesproperty, and requirements as to the manner and times in which such Alterations alterations shall be done. All Alterations 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, where required, shall be in accordance with plans and specifications approved by Landlord and with all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premiseslandlord.
9.2. (B) No liens Tenant shall keep the Premises property and premises free from any mechanic’s's, materialman’s 's, or similar liens or other such encumbrances in connection with any Alterations of 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 Alterations alterations on the Premises premises (or such additional time as may be necessary under applicable Lawslaws) to afford Landlord 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 thereonnonresponsibility. 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 (but shall not be obligated to) 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 Leaselease. Nothing contained in this Lease shall authorize Tenant to do any act which shall subject Landlord’s title to the Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Premises property or premises arising in connection with any Alterations of alterations on or respecting the Premises premises not performed by or at the request of Landlord landlord, shall be null and void orvoid, or at Landlord’s option, landlord's option shall attach only against Tenant’s tenant's interest in the Premises premises and shall in all respects be subordinate to Landlord’s landlord's title to the Premisesproperty and premises.
Appears in 1 contract
Samples: Lease Agreement (Southern Bella Inc)
Alterations and Liens. 9.1. Tenant The Sublessee shall make no additions, changes, structural alterations or improvements additions to the Demised Premises or any electrical or mechanical facilities, including the Systems and Equipment pertaining to the Premises (“Alterations”), without the prior written consent of Landlord; not the Sublessor. Upon the giving of such written consent all alterations, additions and improvements, excluding trade fixtures, furnishings and equipment made in, to be unreasonably withheld, provided, however, Tenant shall be allowed to perform de minimis Alterations or on the Demised Premises without shall become the prior written consent property of Landlordthe Sublessor (or Master Lessor, so long as hereinafter defined) and shall remain upon and be surrendered with the Demised Premises, except that the Sublessee shall ascertain from the Sublessor within sixty (a60) days before the Alterations do not affect or expiration of this term whether the Sublessor desires to have any impact upon the structural integrity, Systems and Equipment, Demised Premises or any electrical part or mechanical facilities pertaining parts thereof restored to their condition as of the time of the delivery thereof to the PremisesSublessee (except for any and all offices or office-related improvements which shall remain), and (b) and, if the total cost for Sublessor so desires, the Alterations does not exceed Fifty Thousand Dollars ($50,000.00). Landlord may impose reasonable requirements as a Sublessee shall restore said Demised Premises or such part or parts thereof to such original condition before the end of such consent including, without limitation: the submission term of plans and specifications for Landlord’s prior written approval, obtaining necessary permits, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance 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, affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the Systems and Equipment or the structures this Sublease entirely at the Premises, Sublessee's own cost and requirements as to the manner and times in which such Alterations shall be doneexpense. All 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 shall be in accordance with plans and specifications approved by Landlord and with all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2. Tenant shall keep the Premises free from any mechanic’s, materialman’s or similar liens or other such encumbrances in connection with any Alterations of or respecting the Premises not performed by or at the request of Landlord, and 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 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 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 (but shall not be obligated to) 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 Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 PremisesSublessor as Additional Rent.
Appears in 1 contract
Alterations and Liens. 9.1. Tenant shall not make no any additions, changes, alterations or improvements to ("Alterations") outside the Premises or Premises, except in accordance with Exhibit B. Except for Permitted Alterations, Tenant shall not make any electrical or mechanical facilities, including the Systems and Equipment pertaining to Alterations within 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 Work") without the prior written consent of Landlord, so long as 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 (a5) days of receipt of the Alterations do not affect or have any impact upon the structural integritysecond notice, Systems and Equipment, or any electrical or mechanical facilities pertaining Landlord’s consent to the Premises, and requested Alteration will be deemed given. Except with respect to Permitted Alterations (bas defined below) 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, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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 Alterations Tenant Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and requirements as to the manner and times in which such Alterations Tenant Work shall be done. All Alterations 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, except with respect to Permitted Alterations, shall be in accordance with plans and specifications approved by Landlord and Landlord, and, except with all Laws. respect to Permitted Alterations, Landlord may require that all such Alterations Tenant Work be performed under Landlord’s 's supervision. If Tenant shall reimburse Landlord consents for all out of pocket costs incurred by Landlord in reviewing Tenant's plans and specifications and supervising the Tenant Work. Consent or supervises, the same supervision by Landlord 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 AlterationsTenant Work. In no event shall 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 consist 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 a structural modification of other Building tenants, and that are not visible outside the Premises.
9.2, 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's, materialman’s 's or similar liens or other such encumbrances in connection with any Alterations of 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 Alterations on the Premises Tenant Work (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 addition Tenant shall promptly notify Landlord of any claims post a written or liens (or threats of potential claims or liens) against printed notice on the Premises stating that Landlord’s interest shall not be subject to any liens pursuant to §38-22-105(2) of the Colorado Revised Statutes or any portion thereof similar statute enacted after the Commencement Date. Landlord shall also have the right to post and keep posted notices such as those provided for by §38-22-105(2) of the Colorado Revised Statutes or the improvements thereon, so to take any further reasonable action that Landlord may take such actions as Landlord may deem necessary or appropriate to be proper for the protection of Landlord’s interest in the Premises and/or improvements thereonPremises. 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 lien or encumbrances encumbrance whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Alterations of Tenant Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void orvoid, 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. 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.
Appears in 1 contract
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 which Landlord shall 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)unreasonably withhold. 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 prior written approval, obtaining necessary permits, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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’s lenders require that union labor be used in connection with the Property), affidavits from engineers acceptable to Landlord stating that the Alterations Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and requirements as to the manner and times in which such Alterations Work shall be done. All Alterations 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 Landlord, and with all Laws. Landlord may require that all such Alterations Work be performed under Landlord’s supervision. In all cases, Tenant shall reimburse Landlord for reasonable amounts Landlord actually pays to third parties involved 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2Work. 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 Alterations of 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 Alterations 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 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 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. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Alterations of Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void orvoid, 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 Premises.
Appears in 1 contract
Samples: Office Lease (NGTV)
Alterations and Liens. 9.1(a) AS/GSA and Vendor shall bear financial and legal liability for any and all expenses associated with alterations, improvements, additions or Utility Installations to the Space. Tenant As used in this Section 6.07 of the Agreement the term, "Utility Installation", shall mean installation of electrical distribution systems, lighting fixtures, space heaters, air conditioning, HVAC equipment systems, and plumbing systems. AS/GSA and Vendor shall not make no any alterations, improvements, additions, changesor Utility Installations in, alterations on, around, or improvements to about the Premises or any electrical or mechanical facilities, including the Systems and Equipment pertaining to the Premises (“Alterations”), Space without the prior written consent of Landlord; not the University Centers Director. Depending on the scale of the project, Centers may require AS/GSA to provide at its sole cost and expense a lien and completion bond in an amount equal to one and one-half (1 .5) times the estimated cost of such alterations, improvements, additions, or Utility Installations to insure Centers against liability for mechanics' and material men's liens and to insure completion of the work. Should any alterations, improvements, additions, or Utility Installations occur without the approval of Centers, AS/GSA shall remove any or all such unauthorized alterations, improvements, additions, or Utility Installations upon the written request from Centers. Should AS/GSA fail or refuse to remove said unauthorized items Centers may, proceed with their removal within five business days from the date of Centers’ request. Centers shall be unreasonably withheldentitled to full reimbursement for all costs associated with its removal of unauthorized alterations, improvements, additions, or Utility Installations.
(b) Before commencing the work, AS/GSA shall submit written plans and specifications for prior approval by Centers of any alterations, improvements, additions or Utility Installations in, on, around or about the Space. Before commencing the work, AS/GSA will ensure that the Vendor has obtained the written consent of the University Centers Director to employ, engage or contract for the services and labor of any contractor(s) or individual(s) the work in connection with said alterations, improvements, additions, or Utility Installations. Electrical and plumbing work must be conducted by qualified, licensed, insured trades persons. All alterations, additions, improvements, and installations must be in compliance with applicable laws, UCSD polices and Centers' requirements. At Center’s sole option, consent may be contingent upon provision by AS/GSA of licenses, permits, and insurance as required by law and UCSD regulations. AS/GSA and Vendor shall keep the Space free and clear from any and all liens, claims, and demands for work performed, materials furnished, or operations conducted on said Space at the request of AS/GSA and/or Vendor. Furthermore, any and all alterations, additions, improvements, and fixtures, except furniture and trade fixtures, made or placed in or on said Space by AS/GSA and/or Vendor shall, on expiration or termination of this Agreement, become the property of Centers, provided, however, Tenant that Centers shall be allowed to perform de minimis Alterations on have the Premises without the prior written consent of Landlordoption, so long as (a) the Alterations do not affect or have any impact upon the structural integrityexpiration or termination of this Agreement, Systems of requiring AS/GSA and/or Vendor, at their sole cost and Equipmentexpense, to remove any or all such alterations, additions, improvements, 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, without limitation: the submission of plans and specifications for Landlord’s prior written approval, obtaining necessary permits, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance 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, affidavits fixtures from engineers acceptable to Landlord stating that the Alterations will not adversely affect the Systems and Equipment or the structures at the Premises, and requirements as to the manner and times in which such Alterations shall be done. All 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 shall be in accordance with plans and specifications approved by Landlord and with all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premisessaid Space.
9.2. Tenant shall keep the Premises free from any mechanic’s, materialman’s or similar liens or other such encumbrances in connection with any 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 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 title to the Premises to any liens or encumbrances whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 Premises.
Appears in 1 contract
Samples: Master Space Agreement
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 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, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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 Alterations Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and requirements as to the manner and times in which such Alterations Work shall be done. All Alterations 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 with all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervisionperforming 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2Work. 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 Alterations of 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 Alterations 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 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. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Alterations of Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void orvoid, 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 1 contract
Samples: Office Lease (Corechange 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 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) the Alterations cosmetic improvements such as painting or re-carpeting, or (b) additions, changes, alterations or improvements that do not affect or have any impact upon the structural integrity, Systems and Equipment, Equipment or any electrical or mechanical facilities pertaining to the Premises, structure of the Property and (b) which cost less than $25,000 in the total cost for the Alterations does not exceed Fifty Thousand Dollars ($50,000.00)aggregate. 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, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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 Alterations Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and reasonable requirements as to the manner and times in which such Alterations Work shall be done. All Alterations 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 Landlord, and with all Laws. Landlord may require that all such Alterations Work be performed under Landlord’s 's supervision. In all cases, Tenant shall pay Landlord's out-of-pocket expenses incurred in connection with Landlord's review of Tenant's plans and specifications and 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 Alterations. In no event shall Work, unless the Alterations consist necessity for such repair, maintenance or replacement is due to the negligence or willful misconduct of a structural modification of the Premises.
9.2Landlord or its agents or their respective employees or contractors. 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 Alterations of 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 Alterations 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 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 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 (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. To the fullest extent permitted by applicable LawsLaw, any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Alterations of Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void orvoid, 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 1 contract
Samples: Office Lease (Participate Com Inc)
Alterations and Liens. 9.1. Tenant 5.1 Lessee shall have the right to make no additionsany alterations, changes, alterations additions or improvements to the Leased Premises as deemed necessary or any electrical or mechanical facilities, including desirable by Lessee for the Systems and Equipment pertaining to use of the Leased Premises (“Alterations”), as permitted in Section 4 without the prior written consent of Landlord; not to be unreasonably withheldLessor, provided, however, Tenant 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. 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 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 allowed to perform de minimis Alterations on responsible and shall promptly pay or reimburse Lessor for the Premises without the prior written consent cost of Landlord, so long as (a) the Alterations do not affect or have such removal and for all costs of repairing any impact upon the structural integrity, Systems and Equipment, or any electrical or mechanical facilities pertaining damage to the PremisesLeased Premises caused by such removal. Upon the termination of this Lease, and (b) Lessee will also remove any partitions or other facilities installed by Lessee in the total cost for the Alterations does not exceed Fifty Thousand Dollars ($50,000.00)Leased Premises which Lessor requests Lessee to remove. 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, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord Such removals by Lessee 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, affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the Systems and Equipment or the structures be solely at the Premises, and requirements as to the manner and times in which such Alterations shall be done. All Alterations shall be performed in a good and workmanlike manner and all materials used shall be expense of a quality comparable to or better than those in the Premises Lessee and shall be done in accordance with plans a manner reasonably satisfactory to Lessor, and specifications approved by Landlord Lessee shall be responsible and with promptly pay or reimburse Lessor for all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. If Landlord consents or supervises, the same shall not be deemed a warranty as costs of repairing any damage 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 Alterations. In no event shall the Alterations consist of a structural modification of the PremisesLeased Premises caused by such removals.
9.2. Tenant shall keep 5.3 Lessee shall, at its expense, remove any liens filed against the Leased Premises free from any mechanic’s, materialmanor Lessee’s or similar liens or other such encumbrances interest therein in connection with alterations, additions, repairs, maintenance, improvements or other actions by Lessee or with respect to any Alterations obligation or liability of or respecting 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 Alterations 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 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 release 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 Landlordlien, and if Tenant Lessee shall fail to do so, Landlord may (but shall not be obligated to) 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 Premises to any liens or encumbrances whether claimed demand by operation of law or express or implied contract. To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 PremisesLessor.
Appears in 1 contract
Samples: Lease (Darling International Inc)
Alterations and Liens. 9.1. Tenant shall make no additions, changes, alterations or improvements in which the cost exceeds $2,000.00 (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, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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, affidavits from engineers acceptable to Landlord stating that the Alterations Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and requirements as to the manner and times in which such Alterations Work shall be done. All Alterations 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 Landlord, and with all Laws. Landlord may require that all such Alterations Work be performed under Landlord’s 's supervision. For 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2Work. 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 Alterations of 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 Alterations 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 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 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. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Alterations of Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void orvoid, 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 1 contract
Samples: Lease Agreement (Infocure Corp)
Alterations and Liens. 9.1. Tenant (A) The Lessee shall make no additions, changes, alterations or improvements additions to the Demised Premises or any electrical or mechanical facilities, including the Systems and Equipment pertaining to the Premises (“Alterations”), without the prior written consent of Landlord; the Lessor in each instance, which consent Lessor agrees not to be unreasonably withheldwithhold, providedcondition or delay. Upon the giving of such written consent, howeverall alterations, Tenant shall be allowed additions and improvements, including fixtures made in, to perform de minimis Alterations or on the Demised Premises, except unattached moveable business fixtures and racking, shall become the property of the Lessor and shall remain upon and be surrendered with the Demised Premises, except that the Lessor shall advise the Lessee at the time of the granting by Lessor of Lessee's request to make any such alteration or addition to the Demised Premises without whether the prior written consent of Landlord, so long as (a) Lessor desires to have the Alterations do not affect or have any impact upon the structural integrity, Systems and Equipment, Demised Premises or any electrical part or mechanical facilities pertaining parts thereof restored to their condition as of the time of the delivery thereof to the PremisesLessee, reasonable wear and (b) tear excepted, and, if the total cost for Lessor so desires, the Alterations does not exceed Fifty Thousand Dollars ($50,000.00). Landlord may impose Lessee shall restore said Demised Premises or such part or parts thereof to such original condition reasonable requirements as a condition wear and tear excepted before the end of such consent including, without limitation: the submission Term of plans and specifications for Landlord’s prior written approval, obtaining necessary permits, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance 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, affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the Systems and Equipment or the structures Lease entirely at the Premises, Lessee's own cost and requirements as to the manner and times in which such Alterations shall be doneexpense. All 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 shall be in accordance with plans and specifications approved by Landlord and with all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2. Tenant shall keep the Premises free from any mechanic’s, materialman’s or similar liens or other such encumbrances in connection with any Alterations of or respecting the Premises not performed by or at the request of Landlord, and 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 therewith. Tenant shall give Landlord notice at least twenty (20) days prior encumbrance to the commencement of be imposed on any 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 thereonLessor's premises. Tenant The Lessee shall remove have the obligation to 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 (but shall not be obligated to) 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 Premises to any liens original work 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. To all governmental authorities having jurisdiction over the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 Demised Premises.
Appears in 1 contract
Samples: Lease Agreement (Daisytek International Corporation /De/)
Alterations and Liens. 9.1. Tenant shall make no additions, changes, alterations or improvements ("Work") to the Premises or any electrical or mechanical facilities, including the Systems and Equipment 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 includingconsent, including without limitation: limitation the submission of plans and specifications for Landlord’s 's prior written approval, obtaining necessary permits, obtaining payment and performance posting bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord shall reasonably requireinsurance, 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 Alterations Work will not adversely affect the Systems and Equipment or the structures at structure of the PremisesProperty, and requirements as to the manner and times in which such Alterations Work shall be done. All Alterations 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 Landlord, and with all Laws. Landlord may require that all such Alterations Work be performed under Landlord’s 's supervision. 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 Alterations. In no event shall the Alterations consist of a structural modification of the Premises.
9.2Work. 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 Alterations of 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 Alterations 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 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 thereonnonresponsibility. 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 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 's title to the Property or Premises to any liens or encumbrances encumbrances, whether claimed by operation of law or express or implied contract. To the extent permitted by applicable Laws, any Any claim to a lien or encumbrance upon the Property or Premises arising in connection with any Alterations of Work on or respecting the Premises not performed by or at the request of Landlord shall be null and void orvoid, or at Landlord’s option, 's option shall attach only against Tenant’s 's interest in the Premises Premises, and shall in all respects be subordinate to Landlord’s 's title to the Property and Premises.
Appears in 1 contract
Samples: Office Lease (Unison Software Inc)
Alterations and Liens. 9.1. Tenant 5.1 Except as provided in Section 5.2, Lessee shall not make no additionsany alterations, changes, alterations additions or improvements to the Premises or any electrical or mechanical facilities, including building located on the Systems and Equipment pertaining to the Leased Premises (“Alterations”), without the prior written consent "Building") or to any other part of Landlord; not to be unreasonably withheld, provided, however, Tenant shall be allowed to perform de minimis Alterations on the Leased Premises without the prior written consent of LandlordLessor. Upon termination of this Lease, so long as all additions, alterations or improvements (aexcluding property which Lessee is entitled to remove under Section 5.2) shall become and be the Alterations do not affect 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 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 impact upon 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 integritypartitions 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, Systems 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, Lessee shall be responsible and Equipment, shall promptly pay or reimburse Lessor for the cost of such removal and for all costs of repairing any electrical or mechanical facilities pertaining damage to the PremisesLeased 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 (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, without limitation: the submission of plans and specifications for Landlord’s prior written approval, obtaining necessary permits, obtaining payment and performance bonds, posting bonds for work in excess of $100,000 to complete, obtaining insurance certificates evidencing liability, workers’ compensation and such other coverages and in such amounts as Landlord partitions or partition walls 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, affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the Systems and Equipment or the structures be solely at the Premises, and requirements as to the manner and times in which such Alterations shall be done. All Alterations shall be performed in a good and workmanlike manner and all materials used shall be expense of a quality comparable to or better than those in the Premises Lessee and shall be done in accordance with plans a manner satisfactory to Lessor, and specifications approved by Landlord Lessee shall be responsible and with promptly pay or reimburse Lessor for all Laws. Landlord may require that all such Alterations be performed under Landlord’s supervision. If Landlord consents or supervises, the same shall not be deemed a warranty as costs of repairing any damage 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 Alterations. In no event shall the Alterations consist of a structural modification of the PremisesLeased Premises caused by such removal.
9.2. Tenant shall keep 5.3 Lessee shall, at its expense, remove any liens filed against the Leased 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 Alterations other liens filed against the Leased Premises with respect to any obligation or liability of Lessee within 30 days after the filing or respecting other establishment of such lien. In the Premises not performed 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 Alterations 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 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 release 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 Landlordlien, and if Tenant Lessee shall fail to do so, Landlord may (but shall not be obligated to) 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 Premises to any liens or encumbrances whether claimed demand by operation of law or express or implied contract. To the extent permitted by applicable Laws, any claim to a lien or encumbrance upon the Premises arising in connection with any Alterations of 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 PremisesLessor.
Appears in 1 contract
Samples: Lease Agreement (Pharmaceutical Product Development Inc)