Alterations and Repairs. 5.1 Landlord's Consent and Conditions. --------------------------------- (a) Except for Minor Alterations (as defined below), Tenant shall not make any improvements or alterations to the Premises (the "Alterations") ----------- without in each instance submitting plans and specifications for the Alterations to Landlord and obtaining Landlord's prior written consent. Landlord shall provide or withhold its consent within ten (10) business days after Landlord's receipt of the plans and specifications; provided, however, that if the nature of the Alterations is such that Landlord requires additional time to review such plans and specifications, then the ten (10) business day period shall be extended to such longer period as is reasonably necessary to complete Landlord's review. Tenant shall pay Landlord's actual out-of-pocket costs incurred for review of all of the plans and all other items submitted by Tenant. Landlord will be deemed to be acting reasonably in withholding its consent for any Alterations which (i) impacts the base structural components or the Building Systems, (ii) are visible from outside the Premises or (iii) impacts any other tenant's premises. As part of the Alterations, Landlord agrees that Tenant shall be entitled to construct exterior equipment pads located outside the Building leased by Tenant hereunder and one or more exterior chemical storage facilities, provided that Tenant shall first submit to Landlord the proposed plans for such Alterations and obtain Landlord's written approval of such plans prior to commencing such Alterations. Landlord reserves the right to require Tenant, at its sole cost and expense, to remove such exterior Alterations upon termination or expiration of this Lease. Tenant agrees and acknowledges that any parking spaces which may be taken by Tenant in connection with the construction and installation of such pads shall be deducted from Tenant's parking spaces as set forth in the Schedule. (b) Landlord's approval shall not be required for Alterations on the interior of the Premises costing less than Twenty-Five Thousand Dollars ($25,000.00) per project ("Minor Alterations"), provided that (i) Landlord would ----------------- not have the right to reasonably withhold consent to the Alterations pursuant to clauses (i) through (iii) of Section 5.1(a) above and such Alterations are not visible from outside the Premises; and (ii) Tenant provides Landlord with written notice of such Minor Alteration, which shall include a copy of any governmental permits required to complete such Minor Alteration, prior to commencing construction of such Minor Alteration. (c) Tenant shall pay for the cost of all Alterations, including the cost of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Alterations. (d) The following requirements shall apply to all Alterations: (i) At least seven (7) days before beginning any Alterations, Tenant shall furnish to Landlord (1) written notice of the expected commencement date of the Alterations to permit Landlord to post and record a notice of nonresponsibility, (2) building permits, (3) certificates of insurance satisfactory to Landlord, and, (4) at Landlord's request with respect to Alterations in excess of Twenty-Five Thousand Dollars ($25,000.00), security for payment of all costs. (ii) Tenant shall not take any action which would violate Landlord's labor contracts or which would cause a work stoppage, picketing, labor disruption or dispute, or interfere with Landlord's or any other tenant's or occupant's business or with the rights and privileges of any person lawfully in the Building ("Labor Disturbance"). Tenant shall take the actions necessary ------------------ to resolve any Labor Disturbance, and shall have pickets removed and, at the request of Landlord, immediately terminate any work in the Premises that gave rise to the Labor Disturbance, until Landlord gives its written consent for the work to resume. Tenant shall have no claim for damages against Landlord or any of the Landlord Parties as a result of the above actions. (iii) The Alterations shall be performed in a good and workmanlike manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable laws, ordinances, regulations or requirements of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect (collectively, "Governmental Requirements"). ------------------------- (iv) Tenant shall perform all Alterations so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants. (v) Tenant shall perform all Alterations in compliance with any "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time the Alterations is performed. (vi) All Alterations shall be performed only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that (1) Landlord may, in its reasonable discretion, specify engineers, general contractors, subcontractors, and architects to perform work affecting the Building Systems; and (2) if Landlord consents to any Alterations that requires work to be performed outside the Premises, Landlord may elect to perform such work at Tenant's reasonable expense. (vii) Tenant shall permit Landlord to supervise all Alterations, including, without limitation, the right (but not an obligation) to inspect the construction work during the progress thereof, and to require corrections of faulty construction or any material deviation from the plans for such Alterations as approved by Landlord; provided, however, that no such inspection shall be deemed to create any liability on the part of Landlord, or constitute a representation by Landlord or any person hired to perform such inspection that the work so inspected conforms with such plans or complies with any Governmental Requirements, and no such inspection shall give rise to a waiver of, or estoppel with respect to, Landlord's continuing right at any time or from time to time to require the correction of any faulty work or any material deviation from such plans. (viii) If Tenant requests that Landlord manage any Alterations, then Landlord may charge a supervisory fee not to exceed three percent (3%) of labor, material, and all other costs of the Alterations to compensate Landlord for its management and supervision of the progress of the work. (ix) Upon completion, Tenant shall furnish Landlord with contractor's affidavits and full and final statutory waivers of liens, as-built plans and specifications, and receipted bills covering all labor and materials, and all other close-out documentation related to the Alterations, including any other information required under any "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time.
Appears in 1 contract
Samples: Lease (Ydi Wireless Inc)
Alterations and Repairs. 5.1 A. Landlord's Consent and Conditions. ---------------------------------
(a) Except for Minor Alterations (as defined below), Conditions Tenant shall not make any improvements or alterations to the Premises (the "AlterationsWork") ----------- which term shall not include the Initial Improvements to which Appendix C refers) without in each instance submitting plans and specifications specifications, for the Alterations Work to Landlord and obtaining Landlord's prior written consent. Landlord shall provide or withhold its consent within ten (10) business days after Landlord's receipt of the plans and specifications; provided, however, that if the nature of the Alterations is such that Landlord requires additional time to review such plans and specifications, then the ten (10) business day period shall be extended to such longer period as is reasonably necessary to complete Landlord's review. Tenant shall pay Landlord's actual out-of-pocket costs incurred standard charge ($250) for review of all of the plans and all other items submitted by Tenant. Landlord will be deemed to be acting reasonably in withholding its consent for any Alterations Work which (ia) impacts the base structural components or systems of the Building SystemsBuilding, (ii) are visible from outside the Premises or (iiib) impacts any other tenant's premises. As part of the Alterations, Landlord agrees that Tenant shall be entitled to construct exterior equipment pads located outside the Building leased by Tenant hereunder and one or more exterior chemical storage facilities, provided that Tenant shall first submit to Landlord the proposed plans for such Alterations and obtain Landlord's written approval of such plans prior to commencing such Alterations. Landlord reserves the right to require Tenant, at its sole cost and expense, to remove such exterior Alterations upon termination or expiration of this Lease. Tenant agrees and acknowledges that any parking spaces which may be taken by Tenant in connection with the construction and installation of such pads shall be deducted from Tenant's parking spaces as set forth in the Schedule.
(bc) Landlord's approval shall not be required for Alterations on the interior of the Premises costing less than Twenty-Five Thousand Dollars ($25,000.00) per project ("Minor Alterations"), provided that (i) Landlord would ----------------- not have the right to reasonably withhold consent to the Alterations pursuant to clauses (i) through (iii) of Section 5.1(a) above and such Alterations are not is visible from outside the Premises; . Tenant shall reimburse Landlord for actual costs incurred for review of the plans and (ii) Tenant provides Landlord with written notice of such Minor Alteration, which shall include a copy of any governmental permits required to complete such Minor Alteration, prior to commencing construction of such Minor Alteration.
(c) all other items submitted by Tenant. Tenant shall pay for the cost of all AlterationsWork. All work shall become the property of Landlord upon its installation, including except for Tenant's trade fixtures and for items which Landlord requires Tenant to remove at Tenant's cost at the cost termination of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Alterations.
(d) the Lease pursuant to Section 5D. The following requirements shall apply to all AlterationsWork:
(i1) At least seven (7) days before beginning any AlterationsPrior to commencement, Tenant shall furnish to Landlord (1) written notice of the expected commencement date of the Alterations to permit Landlord to post and record a notice of nonresponsibility, (2) building permits, (3) certificates of insurance satisfactory to Landlord, and, (4) at Landlord's request with respect to Alterations in excess of Twenty-Five Thousand Dollars ($25,000.00)request, reasonable security for payment of all costs.
(ii2) Tenant shall not take any action which would violate Landlord's labor contracts perform all Work so as to maintain peace and harmony among other contractors serving the Project and shall avoid interference with other work to be performed or which would cause a work stoppage, picketing, labor disruption or dispute, or interfere with Landlord's or any other tenant's or occupant's business or with the rights and privileges of any person lawfully services to be rendered in the Building ("Labor Disturbance"). Tenant shall take the actions necessary ------------------ to resolve any Labor Disturbance, and shall have pickets removed and, at the request of Landlord, immediately terminate any work in the Premises that gave rise to the Labor Disturbance, until Landlord gives its written consent for the work to resume. Tenant shall have no claim for damages against Landlord or any of the Landlord Parties as a result of the above actionsProject.
(iii3) The Alterations Work shall be be, performed in a good and workmanlike manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable governmental laws, ordinances, ordinances and regulations or requirements of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect (collectively, "Governmental Requirements"). -------------------------.
(iv4) Tenant shall perform all Alterations Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants.
(v5) Tenant shall perform all Alterations Work in compliance with any Landlord's "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time the Alterations Work is performed.
(vi) All Alterations shall be performed only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that (1) Landlord may, in its reasonable discretion, specify engineers, general contractors, subcontractors, and architects to perform work affecting the Building Systems; and (2) if Landlord consents to any Alterations that requires work to be performed outside the Premises, Landlord may elect to perform such work at Tenant's reasonable expense.
(vii6) Tenant shall permit Landlord to supervise all Alterations, including, without limitation, the right (but not an obligation) to inspect the construction work during the progress thereof, and to require corrections of faulty construction or any material deviation from the plans for such Alterations as approved by Landlord; provided, however, that no such inspection shall be deemed to create any liability on the part of Landlord, or constitute a representation by Landlord or any person hired to perform such inspection that the work so inspected conforms with such plans or complies with any Governmental Requirements, and no such inspection shall give rise to a waiver of, or estoppel with respect to, Landlord's continuing right at any time or from time to time to require the correction of any faulty work or any material deviation from such plansWork.
(viii) If Tenant requests that Landlord manage any Alterations, then Landlord may charge a supervisory fee not to exceed three percent (3%) of labor, material, and all other costs of the Alterations to compensate Landlord for its management and supervision of the progress of the work.
(ix7) Upon completion, Tenant shall furnish Landlord with contractor's affidavits and full and final statutory waivers of liens, as-built plans and specifications, and receipted bills covering all labor and materials, and all other close-out documentation related to the Alterations, including any other information required under any in Landlord's "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time".
Appears in 1 contract
Alterations and Repairs. 5.1 A. Landlord's Consent and Conditions. ---------------------------------
(a) Except for Minor Alterations (as defined below), --------------------------------- Tenant shall not make any improvements or alterations to the Premises (the "AlterationsWork") ----------- without in each instance submitting plans plans, specifications and specifications cost ---- estimates for the Alterations Work to Landlord and obtaining Landlord's prior written consent. Landlord shall provide consent unless (a) the cost thereof is less than five thousand dollars ($5,000.00), (b) such Work does not impact the base structural components or withhold its consent within ten (10) business days after Landlord's receipt systems of the plans Building, (c) such Work will not impact any other tenant's premises, and specifications; provided, however, that if (d) such Work is not visible from outside the nature of the Alterations is such that Landlord requires additional time to review such plans and specifications, then the ten (10) business day period shall be extended to such longer period as is reasonably necessary to complete Landlord's reviewPremises. Tenant shall pay Landlord's actual out-of-pocket costs incurred standard charge for review of all of the plans and all other items submitted by Tenant. Landlord will be deemed to be acting reasonably in withholding its consent for any Alterations Work which (ia) impacts the base structural components or systems of the Building SystemsBuilding, (ii) are visible from outside the Premises or (iiib) impacts any other tenant's premises. As part of the Alterations, Landlord agrees that Tenant shall be entitled to construct exterior equipment pads located outside the Building leased by Tenant hereunder and one or more exterior chemical storage facilities, provided that Tenant shall first submit to Landlord the proposed plans for such Alterations and obtain Landlord's written approval of such plans prior to commencing such Alterations. Landlord reserves the right to require Tenant, at its sole cost and expense, to remove such exterior Alterations upon termination or expiration of this Lease. Tenant agrees and acknowledges that any parking spaces which may be taken by Tenant in connection with the construction and installation of such pads shall be deducted from Tenant's parking spaces as set forth in the Schedule.
(bc) Landlord's approval shall not be required for Alterations on the interior of the Premises costing less than Twenty-Five Thousand Dollars ($25,000.00) per project ("Minor Alterations"), provided that (i) Landlord would ----------------- not have the right to reasonably withhold consent to the Alterations pursuant to clauses (i) through (iii) of Section 5.1(a) above and such Alterations are not is visible from outside the Premises; . Landlord shall not unreasonably withhold or delay its consent to Work requested by Tenant unless such Work affects, directly or indirectly, the Building structure or mechanical or life safety systems at the Project, in which case Landlord may withhold such consent in its sole discretion. Landlord shall be deemed to have consented to the Work requested by Tenant if Landlord fails to deliver written notice of disapproval to Tenant's within thirty (30) business days following Landlord's receipt of such request if (and only if) Tenant's request included (i) detailed plans, specifications and cost estimates for the Work and (ii) the following statement in bold capital 12 point letters: "PURSUANT TO SECTION 5A OF THE LEASE, LANDLORD'S SHALL BE DEEMED TO HAVE CONSENTED TO THE WORK REQUESTED HEREIN IF LANDLORD FAILS TO DELIVER WRITTEN NOTICE OF DISAPPROVAL TO TENANT WITHIN THIRTY (30) BUSINESS DAYS FOLLOWING LANDLORD'S RECEIPT OF THIS REQUEST." Tenant provides shall reimburse Landlord with written notice for actual costs incurred for review of such Minor Alteration, which shall include a copy of any governmental permits required to complete such Minor Alteration, prior to commencing construction of such Minor Alteration.
(c) the plans and all other items submitted by Tenant. Tenant shall pay for the cost of all AlterationsWork. All Work shall become the property of Landlord upon its installation, including except for Tenant's trade fixtures and for items which Landlord requires Tenant to remove at Tenant's cost at the cost termination of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Alterations.
(d) the Lease pursuant to Section 5E. The following requirements shall apply to all AlterationsWork:
(i1) At least seven (7) days before beginning any AlterationsPrior to commencement, Tenant shall furnish to Landlord (1) written notice of the expected commencement date of the Alterations to permit Landlord to post detailed plans and record a notice of nonresponsibilityspecifications, (2) building permits, (3) certificates of insurance satisfactory to LandlordLandlord (including, without limitation, certificates evidencing the insurance Tenant, its contractors and subcontractors are required to maintain under Section 8(C)), and, (4) at Landlord's request with respect to Alterations in excess of Twenty-Five Thousand Dollars ($25,000.00)request, security for payment of all costs.
(ii) Tenant shall not take any action which would violate Landlord's labor contracts or which would cause a work stoppage, picketing, labor disruption or dispute, or interfere with Landlord's or any other tenant's or occupant's business or with the rights and privileges of any person lawfully in the Building ("Labor Disturbance"). Tenant shall take the actions necessary ------------------ to resolve any Labor Disturbance, and shall have pickets removed and, at the request of Landlord, immediately terminate any work in the Premises that gave rise to the Labor Disturbance, until Landlord gives its written consent for the work to resume. Tenant shall have no claim for damages against Landlord or any of the Landlord Parties as a result of the above actions.
(iii) The Alterations shall be performed in a good and workmanlike manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable laws, ordinances, regulations or requirements of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect (collectively, "Governmental Requirements"). -------------------------
(iv2) Tenant shall perform all Alterations Work so as to maintain peace and harmony among other contractors serving the Project and shall avoid interference with other work to be performed or services to be rendered in the Project.
(4) Tenant shall perform all Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants.
(v5) Tenant shall perform all Alterations Work in compliance with any Landlord's "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time the Alterations Work is performed.
(vi) All Alterations shall be performed only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that (1) Landlord may, in its reasonable discretion, specify engineers, general contractors, subcontractors, and architects to perform work affecting the Building Systems; and (2) if Landlord consents to any Alterations that requires work to be performed outside the Premises, Landlord may elect to perform such work at Tenant's reasonable expense.
(vii6) Tenant shall permit Landlord to supervise all Alterations, including, without limitation, the right (but not an obligation) to inspect the construction work during the progress thereof, and to require corrections of faulty construction or any material deviation from the plans for such Alterations as approved by Landlord; provided, however, that no such inspection shall be deemed to create any liability on the part of Landlord, or constitute a representation by Landlord or any person hired to perform such inspection that the work so inspected conforms with such plans or complies with any Governmental Requirements, and no such inspection shall give rise to a waiver of, or estoppel with respect to, Landlord's continuing right at any time or from time to time to require the correction of any faulty work or any material deviation from such plans.
(viii) If Tenant requests that Landlord manage any Alterations, then Work. Landlord may charge a supervisory fee not to exceed three seven percent (37%) of labor, material, and all other costs of the Alterations to compensate Landlord for its management and supervision of Work, if Landlord's employees or contractors perform or otherwise supervise the progress of the workWork.
(ix7) Upon completion, Tenant shall furnish Landlord with contractor's affidavits and full and final statutory waivers of liens, as-built plans and specifications, and receipted bills covering all labor and materials, and all other close-out documentation related to the Alterations, including any other information required under any in Landlord's "Policies, Rules and Procedures for Construction Projects" which ". Within thirty (30) business days following Landlord's receipt of a written request by Tenant, Landlord shall waive and subordinate in favor an institutional or other reputable lender of Tenant any interest Landlord may be have in effect Tenant's trade fixtures located at the timePremises; provided, however, that (i) the form and content of said waiver and subordination must be reasonably acceptable to Landlord, (ii) the financing to which said waiver and subordination pertains shall be obtained in the ordinary course of Tenant's business and (iii) Tenant pays concurrently with Landlord's delivery of said waiver and subordination all of Landlord's reasonable attorneys' fees and other expenses incurred in connection therewith.
Appears in 1 contract
Samples: Lease (Pinkertons Inc)
Alterations and Repairs. 5.1 A. Landlord's Consent and Conditions. ---------------------------------
(a) Except for Minor Alterations (as defined below), ---------------------------------- Tenant shall not make any improvements or alterations to the Premises (the "AlterationsWork") ----------- without in each instance submitting plans and specifications for ---- the Alterations Work to Landlord and obtaining Landlord's prior written consent. Landlord consent which shall provide not be unreasonably withheld or withhold its consent within ten delayed, provided that (10a) business days after Landlord's receipt such Work does not impact the base structural components or systems of the plans Building, (b) such Work will not impact any other tenant's premises, and specifications; provided, however, that if (c) such Work is not visible from outside the nature of the Alterations is such that Landlord requires additional time to review such plans and specifications, then the ten (10) business day period shall be extended to such longer period as is reasonably necessary to complete Landlord's reviewPremises. Tenant shall pay Landlord's actual out-of-pocket costs incurred standard charge for review of all of the plans and all other items submitted by Tenant. Landlord will be deemed to be acting reasonably in withholding may withhold its consent in its sole discretion for any Alterations Work which (ia) impacts the base structural components or systems of the Building SystemsBuilding, (ii) are visible from outside the Premises or (iiib) impacts any other tenant's premises. As part of the Alterations, Landlord agrees that Tenant shall be entitled to construct exterior equipment pads located outside the Building leased by Tenant hereunder and one or more exterior chemical storage facilities, provided that Tenant shall first submit to Landlord the proposed plans for such Alterations and obtain Landlord's written approval of such plans prior to commencing such Alterations. Landlord reserves the right to require Tenant, at its sole cost and expense, to remove such exterior Alterations upon termination or expiration of this Lease. Tenant agrees and acknowledges that any parking spaces which may be taken by Tenant in connection with the construction and installation of such pads shall be deducted from Tenant's parking spaces as set forth in the Schedule.
(bc) Landlord's approval shall not be required for Alterations on the interior of the Premises costing less than Twenty-Five Thousand Dollars ($25,000.00) per project ("Minor Alterations"), provided that (i) Landlord would ----------------- not have the right to reasonably withhold consent to the Alterations pursuant to clauses (i) through (iii) of Section 5.1(a) above and such Alterations are not is visible from outside the Premises; . Tenant shall reimburse Landlord for actual costs incurred for review of the plans and (ii) Tenant provides Landlord with written notice of such Minor Alteration, which shall include a copy of any governmental permits required to complete such Minor Alteration, prior to commencing construction of such Minor Alteration.
(c) all other items submitted by Tenant. Tenant shall pay for the cost of all Alterations, including the cost of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Alterations.
(d) Work. The following requirements shall apply to all AlterationsWork:
(i1) At least seven (7) days before beginning any AlterationsPrior to commencement, Tenant shall furnish to Landlord (1) written notice of the expected commencement date of the Alterations to permit Landlord to post and record a notice of nonresponsibility, (2) building permits, (3) certificates of insurance satisfactory to Landlord, and, (4) at Landlord's request with respect to Alterations in excess of Twenty-Five Thousand Dollars ($25,000.00)request, security for payment of all costs.
(ii2) Tenant shall perform all Work so as not take any action which would violate Landlord's labor contracts or which would cause a work stoppage, picketing, labor disruption or dispute, or to unreasonably interfere with Landlord's other contractors serving the Project or any other tenant's work to be performed or occupant's business or with the rights and privileges of any person lawfully services to be rendered in the Building ("Labor Disturbance"). Tenant shall take the actions necessary ------------------ to resolve any Labor Disturbance, and shall have pickets removed and, at the request of Landlord, immediately terminate any work in the Premises that gave rise to the Labor Disturbance, until Landlord gives its written consent for the work to resume. Tenant shall have no claim for damages against Landlord or any of the Landlord Parties as a result of the above actionsProject.
(iii3) The Alterations Work shall be performed in a good and workmanlike manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable governmental laws, ordinances, ordinances and regulations or requirements of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect (collectively, "Governmental Requirements"). -------------------------
(iv4) Tenant shall perform all Alterations Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants.
(v5) Tenant shall perform all Alterations Work in compliance with any Landlord's "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time the Alterations Work is performed.
(vi) All Alterations shall be performed only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that (1) Landlord may, in its reasonable discretion, specify engineers, general contractors, subcontractors, and architects to perform work affecting the Building Systems; and (2) if Landlord consents to any Alterations that requires work to be performed outside the Premises, Landlord may elect to perform such work at Tenant's reasonable expense.
(vii6) Tenant shall permit Landlord to supervise all Alterations, including, without limitation, the right (but not an obligation) to inspect the construction work during the progress thereof, and to require corrections of faulty construction or any material deviation from the plans for such Alterations as approved by Landlord; provided, however, that no such inspection shall be deemed to create any liability on the part of Landlord, or constitute a representation by Landlord or any person hired to perform such inspection that the work so inspected conforms with such plans or complies with any Governmental Requirements, and no such inspection shall give rise to a waiver of, or estoppel with respect to, Work. If Landlord's continuing right at any time employees or from time to time to require contractors perform the correction of any faulty work or any material deviation from such plans.
(viii) If Tenant requests that Landlord manage any AlterationsWork, then Landlord may charge a supervisory fee not to exceed three fifteen percent (315%) of labor, material, and all other costs of the Alterations to compensate Landlord for its management and supervision of the progress of the workWork.
(ix7) Upon completion, Tenant shall furnish Landlord with contractor's affidavits and full and final statutory waivers of liens, as-built plans and specifications, and receipted bills covering all labor and materials, and all other close-out documentation related to the Alterations, including any other information required under any in Landlord's "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time".
Appears in 1 contract
Samples: Lease (Saflink Corp)
Alterations and Repairs. 5.1 A. Landlord's ’s Consent and Conditions. ---------------------------------
(a) Except for Minor Alterations (as defined below), Tenant shall not make any improvements or alterations to the Premises (the "Alterations"“Work”) ----------- without in each instance submitting plans and specifications for the Alterations Work to Landlord and obtaining Landlord's ’s prior written consent. Landlord shall provide or withhold its consent within ten (10) business days after Landlord's receipt of the plans and specifications; provided, however, that if the nature of the Alterations is such that Landlord requires additional time to review such plans and specifications, then the ten (10) business day period shall be extended to such longer period as is reasonably necessary to complete Landlord's review. Tenant shall pay Landlord's actual out-of-pocket costs incurred ’s standard charge for review of all of the plans and all other items submitted by Tenant. Landlord will be deemed to be acting reasonably in withholding its consent for any Alterations Work which (ia) impacts the base structural components or systems of the Building SystemsBuilding, (ii) are visible from outside the Premises or (iiib) impacts any other tenant's ’s premises. As part of the Alterations, Landlord agrees that Tenant shall be entitled to construct exterior equipment pads located outside the Building leased by Tenant hereunder and one or more exterior chemical storage facilities, provided that Tenant shall first submit to Landlord the proposed plans for such Alterations and obtain Landlord's written approval of such plans prior to commencing such Alterations. Landlord reserves the right to require Tenant, at its sole cost and expense, to remove such exterior Alterations upon termination or expiration of this Lease. Tenant agrees and acknowledges that any parking spaces which may be taken by Tenant in connection with the construction and installation of such pads shall be deducted from Tenant's parking spaces as set forth in the Schedule.
(bc) Landlord's approval shall not be required for Alterations on the interior of the Premises costing less than Twenty-Five Thousand Dollars ($25,000.00) per project ("Minor Alterations"), provided that (i) Landlord would ----------------- not have the right to reasonably withhold consent to the Alterations pursuant to clauses (i) through (iii) of Section 5.1(a) above and such Alterations are not is visible from outside the Premises; . Tenant shall reimburse Landlord for actual costs incurred for review of the plans and (ii) Tenant provides Landlord with written notice of such Minor Alteration, which shall include a copy of any governmental permits required to complete such Minor Alteration, prior to commencing construction of such Minor Alteration.
(c) all other items submitted by Tenant. Tenant shall pay for the cost of all AlterationsWork. All Work shall become the property of Landlord upon its installation, including except for Tenant’s trade fixtures and for items which Landlord requires Tenant to remove at Tenant’s cost at the cost termination of the Lease pursuant to Section 5E. Tenant shall designate those items which it considers to be its trade fixtures in any request for Landlord’s approval of alterations. Any alterations not designated as such in Tenant’s request shall be deemed not to be trade fixtures. All Initial Improvements constructed under Appendix C shall become the property of Landlord upon installation, and all approvals, permits, fees and other charges which may shall be required as a condition surrendered to Landlord with the Premises at the termination of performing such Alterations.
(d) this Lease or of Tenant’s right to possession. The following requirements shall apply to all AlterationsWork:
(i1) At least seven (7) days before beginning any AlterationsPrior to commencement, Tenant shall furnish to Landlord (1) written notice of the expected commencement date of the Alterations to permit Landlord to post and record a notice of nonresponsibility, (2) building permits, (3) certificates of insurance satisfactory to Landlord, and, (4) at Landlord's request with respect to Alterations in excess of Twenty-Five Thousand Dollars ($25,000.00)’s request, security for payment of all costs.
(ii2) Tenant shall not take any action which would violate Landlord's labor contracts perform all Work so as to maintain peace and harmony among other contractors serving the Project and shall avoid interference with other work to be performed or which would cause a work stoppage, picketing, labor disruption or dispute, or interfere with Landlord's or any other tenant's or occupant's business or with the rights and privileges of any person lawfully services to be rendered in the Building ("Labor Disturbance"). Tenant shall take the actions necessary ------------------ to resolve any Labor Disturbance, and shall have pickets removed and, at the request of Landlord, immediately terminate any work in the Premises that gave rise to the Labor Disturbance, until Landlord gives its written consent for the work to resume. Tenant shall have no claim for damages against Landlord or any of the Landlord Parties as a result of the above actionsProject.
(iii3) The Alterations Work shall be performed in a good and workmanlike manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable governmental laws, ordinances, ordinances and regulations or requirements of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect (collectively, "“Governmental Requirements"”). -------------------------.
(iv4) Tenant shall perform all Alterations Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants.
(v5) Tenant shall perform all Alterations Work in compliance with any "Landlord’s “Policies, Rules and Procedures for Construction Projects" which may be ” in effect at the time the Alterations Work is performed.
(vi) All Alterations shall be performed only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that (1) Landlord may, in its reasonable discretion, specify engineers, general contractors, subcontractors, and architects to perform work affecting the Building Systems; and (2) if Landlord consents to any Alterations that requires work to be performed outside the Premises, Landlord may elect to perform such work at Tenant's reasonable expense.
(vii6) Tenant shall permit Landlord to supervise all Alterations, including, without limitation, the right (but not an obligation) to inspect the construction work during the progress thereof, and to require corrections of faulty construction or any material deviation from the plans for such Alterations as approved by Landlord; provided, however, that no such inspection shall be deemed to create any liability on the part of Landlord, or constitute a representation by Landlord or any person hired to perform such inspection that the work so inspected conforms with such plans or complies with any Governmental Requirements, and no such inspection shall give rise to a waiver of, or estoppel with respect to, Landlord's continuing right at any time or from time to time to require the correction of any faulty work or any material deviation from such plans.
(viii) If Tenant requests that Landlord manage any Alterations, then Work. Landlord may charge a supervisory fee not to exceed three fifteen percent (315%) of labor, material, and all other costs of the Alterations to compensate Landlord for its management and supervision of Work, if Landlord’s employees or contractors perform the progress of the workWork.
(ix7) Upon completion, Tenant shall furnish Landlord with contractor's ’s affidavits and full and final statutory waivers of liensliens from all contractors and subcontractors, as-built plans and specifications, and receipted bills covering all labor and materials, and all other close-out documentation related to the Alterations, including any other information required under any "in Landlord’s “Policies, Rules and Procedures for Construction Projects" which may be in effect at the time”.
Appears in 1 contract
Samples: Consent of Landlord to Sublease
Alterations and Repairs. 5.1 A. Landlord's Consent and Conditions. ---------------------------------
(a) Except for Minor Alterations (as defined below), Tenant shall not make any improvements or alterations to the Premises or the Enclosure Area (the "AlterationsWork") ----------- without in each instance submitting plans and specifications for the Alterations Work to Landlord and obtaining Landlord's prior written consent. Landlord , which shall provide not be unreasonably withheld or withhold its consent within ten (10) business days after Landlord's receipt of the plans and specifications; provided, however, that if the nature of the Alterations is such that Landlord requires additional time to review such plans and specifications, then the ten (10) business day period shall be extended to such longer period as is reasonably necessary to complete Landlord's reviewdelayed. Tenant shall pay Landlord's standard charge (or, if Landlord does not have a standard charge, then Landlord's actual out-of-pocket costs incurred incurred) for review of all of the plans and all other items submitted by Tenant, provided that the charge for such services during the original Term shall not exceed $500 per occurrence so long as there are no material objections to Tenant's plans (i.e., if Landlord in good faith objects to Tenant's plans and Tenant has to redo its plans and resubmit, or if a dispute arises between Landlord and Tenant, then Landlord may collect the actual review costs incurred even if they exceed $500). Landlord will be deemed to be acting reasonably in withholding its consent for any Alterations Work which (ia) impacts the base structural components or systems of the Building SystemsBuilding, (iib) are visible from outside the Premises unreasonably or (iii) materially impacts any other tenant's premises, or (c) is visible from outside the Premises. As part of Notwithstanding the Alterationsforegoing, Landlord agrees that Tenant shall be entitled to construct exterior equipment pads located outside make improvements or alterations to the Building leased by Tenant hereunder and one or more exterior chemical storage facilities, provided that Tenant shall first submit to Landlord the proposed plans for such Alterations and obtain Premises without Landlord's written approval of such plans prior to commencing such Alterations. Landlord reserves the right to require Tenant, at its sole cost and expense, to remove such exterior Alterations upon termination or expiration of this Lease. Tenant agrees and acknowledges that any parking spaces which may be taken by Tenant in connection with the construction and installation of such pads shall be deducted from Tenant's parking spaces as set forth in the Schedule.
(b) Landlord's approval shall not be required for Alterations on the interior of the Premises costing less than Twenty-Five Thousand Dollars ($25,000.00) per project ("Minor Alterations"), provided that (i) Landlord would ----------------- not have the right to reasonably withhold consent to the Alterations pursuant to clauses (i) through (iii) of Section 5.1(a) above and extent that such Alterations are improvements or alterations do not visible from outside the Premises; and (ii) Tenant provides Landlord with written notice of such Minor Alteration, which shall include a copy of any governmental permits required to complete such Minor Alteration, prior to commencing construction of such Minor Alteration.
(c) exceed $10,000 per occurrence. Tenant shall pay for the cost of all AlterationsWork, including the cost of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Alterations.
(d) Work. Upon termination of this Lease, all Work shall become the property of Landlord, except for Tenant's trade fixtures and equipment and for items which Landlord requires Tenant to remove at Tenant's cost at the termination of the Lease pursuant to Section 5E. 19 The following requirements shall apply to all Alterations:Work (including any Work for which Landlord's consent is not required):
(i1) At least seven (7) days before beginning any AlterationsPrior to commencement, Tenant shall furnish to Landlord (1) written notice of the expected commencement date of the Alterations to permit Landlord to post and record a notice of nonresponsibility, (2) building permits, (3) certificates of insurance satisfactory to Landlord, and, (4) at Landlord's request with respect to Alterations in excess of Twenty-Five Thousand Dollars ($25,000.00), security for payment of all costs.
(ii2) Tenant shall not take any action which would violate Landlord's labor contracts perform all Work so as to maintain peace and harmony among other contractors serving the Project and shall avoid interference with other work to be performed or which would cause a work stoppage, picketing, labor disruption or dispute, or interfere with Landlord's or any other tenant's or occupant's business or with the rights and privileges of any person lawfully services to be rendered in the Building ("Labor Disturbance"). Tenant shall take the actions necessary ------------------ to resolve any Labor Disturbance, and shall have pickets removed and, at the request of Landlord, immediately terminate any work in the Premises that gave rise to the Labor Disturbance, until Landlord gives its written consent for the work to resume. Tenant shall have no claim for damages against Landlord or any of the Landlord Parties as a result of the above actionsProject.
(iii3) The Alterations Work shall be performed in a good and workmanlike manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable governmental laws, ordinances, ordinances and regulations or requirements of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect (collectively, "Governmental Requirements"). -------------------------.
(iv4) Tenant shall perform all Alterations Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants.
(v5) Tenant shall perform all Alterations Work in compliance with any "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time the Alterations Work is performed.
(vi) All Alterations shall be performed only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that (1) Landlord may, in its reasonable discretion, specify engineers, general contractors, subcontractors, and architects to perform work affecting the Building Systems; and (2) if Landlord consents to any Alterations that requires work to be performed outside the Premises, Landlord may elect to perform such work at Tenant's reasonable expense.
(vii) Tenant shall permit Landlord to supervise all Alterations, including, without limitation, the right (but not an obligation) to inspect the construction work during the progress thereof, and to require corrections of faulty construction or any material deviation from the plans for such Alterations as approved by Landlord; provided, however, that no such inspection shall be deemed to create any liability on the part of Landlord, or constitute a representation by Landlord or any person hired to perform such inspection that the work so inspected conforms with such plans or complies with any Governmental Requirements, and no such inspection shall give rise to a waiver of, or estoppel with respect to, Landlord's continuing right at any time or from time to time to require the correction of any faulty work or any material deviation from such plans.
(viii) If Tenant requests that Landlord manage any Alterations, then Landlord may charge a supervisory fee not to exceed three percent (3%) of labor, material, and all other costs of the Alterations to compensate Landlord for its management and supervision of the progress of the work.
(ix6) Upon completion, Tenant shall furnish Landlord with contractor's affidavits and full and final statutory waivers of liens, as-built plans and specificationsspecifications for any Work requiring Landlord's consent (and, and receipted bills covering all labor and materialsto the extent available, for any Work not requiring Landlord's consent), and all other close-out documentation related relating to the AlterationsWork, including any other information required under any "Policies, Rules and Procedures for Construction Projects" which may be in effect at the such time.
Appears in 1 contract
Samples: Lease Agreement (Zilog Inc)
Alterations and Repairs. 5.1 Landlord's Consent 5.01 TENANT shall not make any structural or exterior alterations to the premises with LANDLORD'S consent. TENANT at his cost and Conditionsexpense shall have the right to make, with LANDLORD'S consent, non-structural alterations to the interior of the premises of the building as are required in order for TENANT to conduct his business on the premises. ---------------------------------All alterations shall be completed with due diligence in compliance with applicable laws.
5.02 TENANT shall not be allowed to remove any alteration which he has made to the property.
(a) Except for Minor Alterations (as defined below), Tenant shall not make any improvements or alterations to the Premises (the "Alterations") ----------- without in each instance submitting plans and specifications for the Alterations to Landlord and obtaining Landlord's prior written consent. Landlord shall provide or withhold its consent within ten (10) business days after Landlord's receipt of the plans and specifications; provided, however, that if the nature of the Alterations is such that Landlord requires additional time to review such plans and specifications, then the ten (10) business day period shall be extended to such longer period as is reasonably necessary to complete Landlord's review. Tenant TENANT shall pay Landlord's actual out-of-pocket for all costs incurred for review of construction performed by it or caused to be performed by it on the Premises. TENANT shall keep the premises free and clear of all of the plans and all other items submitted mechanic's liens resulting from construction performed by Tenant. Landlord will be deemed to be acting reasonably in withholding its consent / or for any Alterations which (i) impacts the base structural components or the Building Systems, (ii) are visible from outside the Premises or (iii) impacts any other tenant's premises. As part of the Alterations, Landlord agrees that Tenant shall be entitled to construct exterior equipment pads located outside the Building leased by Tenant hereunder and one or more exterior chemical storage facilities, provided that Tenant shall first submit to Landlord the proposed plans for such Alterations and obtain Landlord's written approval of such plans prior to commencing such Alterations. Landlord reserves the right to require Tenant, at its sole cost and expense, to remove such exterior Alterations upon termination or expiration of this Lease. Tenant agrees and acknowledges that any parking spaces which may be taken by Tenant in connection with the construction and installation of such pads shall be deducted from Tenant's parking spaces as set forth in the ScheduleTENANT.
(b) Landlord's approval TENANT shall not be required for Alterations on the interior of the Premises costing less than Twenty-Five Thousand Dollars ($25,000.00) per project ("Minor Alterations"), provided that (i) Landlord would ----------------- not have the right to reasonably withhold consent to contest the Alterations pursuant to clauses (i) through (iii) of Section 5.1(a) above and such Alterations are not visible from outside correctness or the Premises; and (ii) Tenant provides Landlord with written notice of such Minor Alteration, which shall include a copy validity of any governmental permits required such lien, if immediately on demand of LANDLORD, TENANT procures and records a lien release bond issued by a corporation authorized to complete such Minor Alterationissue bonds in the state of California, prior equal to commencing construction one-half of such Minor Alterationthe amount of the claim of the lien.
5.03 LANDLORD shall maintain at its cost all structural parts of the building together with the roof.
5.04 TENANT shall maintain at its own cost and expense the following:
(a) window frames;
(b) all interior portions of the demised premises;
(c) Tenant shall pay for all plumbing, sewage systems problems and electrical problems within the cost of all Alterations, including the cost of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Alterations.demised premises;
(d) The following requirements shall apply to all Alterations:portions of the building for damage caused by the acts or omissions of TENANT or its authorized agents or representatives;
(ie) At least seven the heating and air conditioning systems;
(7f) days before beginning any Alterations, Tenant shall furnish to Landlord the plate glass;
(1g) written notice all other aspects of the expected commencement date building except for those portions of the Alterations to permit Landlord to post building set forth in Section 5.03 of this lease;
5.05 If so required, TENANT may install and record a notice of nonresponsibility, (2) building permits, (3) certificates of insurance satisfactory to Landlord, and, (4) maintain its own alarm system at Landlord's request with respect to Alterations in excess of Twenty-Five Thousand Dollars ($25,000.00), security for payment of all costs.
(ii) Tenant shall not take any action which would violate Landlord's labor contracts or which would cause a work stoppage, picketing, labor disruption or dispute, or interfere with Landlord's or any other tenant's or occupant's business or with the rights its own cost and privileges of any person lawfully in the Building ("Labor Disturbance"). Tenant shall take the actions necessary ------------------ to resolve any Labor Disturbance, and shall have pickets removed and, at the request of Landlord, immediately terminate any work in the Premises that gave rise to the Labor Disturbance, until Landlord gives its written consent for the work to resume. Tenant shall have no claim for damages against Landlord or any of the Landlord Parties as a result of the above actions.
(iii) The Alterations shall be performed in a good and workmanlike manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable laws, ordinances, regulations or requirements of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect (collectively, "Governmental Requirements"). -------------------------
(iv) Tenant shall perform all Alterations so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants.
(v) Tenant shall perform all Alterations in compliance with any "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time the Alterations is performed.
(vi) All Alterations shall be performed only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that (1) Landlord may, in its reasonable discretion, specify engineers, general contractors, subcontractors, and architects to perform work affecting the Building Systems; and (2) if Landlord consents to any Alterations that requires work to be performed outside the Premises, Landlord may elect to perform such work at Tenant's reasonable expense.
(vii) Tenant shall permit Landlord to supervise all Alterations, including, without limitation, the right (but not an obligation) to inspect the construction work during the progress thereof, and to require corrections of faulty construction or any material deviation from the plans for such Alterations as approved by Landlord; provided, however, that no such inspection shall be deemed to create any liability on the part of Landlord, or constitute a representation by Landlord or any person hired to perform such inspection that the work so inspected conforms with such plans or complies with any Governmental Requirements, and no such inspection shall give rise to a waiver of, or estoppel with respect to, Landlord's continuing right at any time or from time to time to require the correction of any faulty work or any material deviation from such plans.
(viii) If Tenant requests that Landlord manage any Alterations, then Landlord may charge a supervisory fee not to exceed three percent (3%) of labor, material, and all other costs of the Alterations to compensate Landlord for its management and supervision of the progress of the work.
(ix) Upon completion, Tenant shall furnish Landlord with contractor's affidavits and full and final statutory waivers of liens, as-built plans and specifications, and receipted bills covering all labor and materials, and all other close-out documentation related to the Alterations, including any other information required under any "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time.
Appears in 1 contract
Alterations and Repairs. 5.1 A. Landlord's ’s Consent and Conditions. ---------------------------------
(a) Except for Minor Alterations (as defined below), Tenant shall not make any improvements or alterations to the Premises (the "Alterations"“Work”) ----------- without in each instance submitting plans and specifications for the Alterations Work to Landlord and obtaining Landlord's ’s prior written consent. Landlord , which consent shall provide not be unreasonably withheld, conditioned or withhold its consent within ten (10) business days after Landlord's receipt of the plans and specifications; provided, however, that if the nature of the Alterations is such that Landlord requires additional time to review such plans and specifications, then the ten (10) business day period shall be extended to such longer period as is reasonably necessary to complete Landlord's review. Tenant shall pay Landlord's actual out-of-pocket costs incurred for review of all of the plans and all other items submitted by Tenantdelayed. Landlord will be deemed to be acting reasonably in withholding its consent for any Alterations Work which (ia) materially, adversely impacts the base structural components or systems of the Building SystemsBuilding, (ii) are visible from outside the Premises or (iiib) impacts any other tenant's premises. As part ’s premises other than in an immaterial manner, or (c) affects any portion of the Alterations, Landlord agrees that Tenant shall be entitled to construct exterior equipment pads located outside the Building leased by Tenant hereunder and one or more exterior chemical storage facilities, provided that Tenant shall first submit to Landlord the proposed plans for such Alterations and obtain Landlord's written approval of such plans prior to commencing such Alterations. Landlord reserves the right to require Tenant, at its sole cost and expense, to remove such exterior Alterations upon termination or expiration of this Lease. Tenant agrees and acknowledges that any parking spaces which may be taken by Tenant in connection with the construction and installation of such pads shall be deducted from Tenant's parking spaces as set forth in the Schedule.
(b) Landlord's approval shall not be required for Alterations on the interior west lobby of the Building. Notwithstanding the foregoing, Tenant may perform alterations to the Premises costing without Landlord’s prior written consent (but after not less than Twenty-Five Thousand Dollars five ($25,000.005) per project ("Minor Alterations"), business days’ prior written notice to Landlord) provided that such alterations do not (i) Landlord would ----------------- not have materially, adversely affect the right to reasonably withhold consent to mechanical, electrical, HVAC, life safety, or other Building operating systems, (ii) materially, adversely affect the Alterations pursuant to clauses (i) through structural components of the Building, (iii) adversely impact any other tenant’s premises, (iv) affect any portion of Section 5.1(athe west lobby of the Building, or (v) above and such Alterations are not visible from outside involve the Premises; and (ii) Tenant provides Landlord with written notice of such Minor Alteration, which shall include a copy installation or disturbance of any governmental permits required to complete such Minor Alteration, prior to commencing construction Hazardous Substance. Tenant shall reimburse Landlord for actual out-of-pocket costs incurred for review of such Minor Alteration.
(c) the plans and all other items submitted by Tenant. Tenant shall pay for the cost of all AlterationsWork. All Work shall become the property of Landlord upon its installation, including except for Tenant’s trade fixtures and its personal property and for items which Landlord requires Tenant to remove at Tenant’s cost at the cost termination of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Alterations.
(d) the Lease pursuant to Section 5E. The following requirements shall apply to all AlterationsWork:
(i1) At least seven (7) days before beginning any AlterationsPrior to commencement, Tenant shall furnish to Landlord (1) written notice required building permits, if any, and certificates of the expected commencement date insurance reasonably satisfactory to Landlord evidencing coverage similar to that described in Section VI of the Alterations to permit Landlord to post and record a notice of nonresponsibility, Appendix C attached hereto.
(2) building permits, Tenant shall perform all Work so as to maintain peace and harmony among other contractors serving the Office Park and shall avoid interference with other work to be performed or services to be rendered in the Office Park.
(3) certificates of insurance satisfactory to Landlord, and, (4) at Landlord's request with respect to Alterations in excess of Twenty-Five Thousand Dollars ($25,000.00), security for payment of all costs.
(ii) Tenant shall not take any action which would violate Landlord's labor contracts or which would cause a work stoppage, picketing, labor disruption or dispute, or interfere with Landlord's or any other tenant's or occupant's business or with the rights and privileges of any person lawfully in the Building ("Labor Disturbance"). Tenant shall take the actions necessary ------------------ to resolve any Labor Disturbance, and shall have pickets removed and, at the request of Landlord, immediately terminate any work in the Premises that gave rise to the Labor Disturbance, until Landlord gives its written consent for the work to resume. Tenant shall have no claim for damages against Landlord or any of the Landlord Parties as a result of the above actions.
(iii) The Alterations Work shall be performed in a good and workmanlike manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable governmental laws, ordinances, ordinances and regulations or requirements of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project, including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect (collectively, "“Governmental Requirements"”). -------------------------.
(iv4) Tenant shall perform all Alterations Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants.
(v5) Tenant shall perform all Alterations Work in compliance with any "Landlord’s “Policies, Rules and Procedures for Construction Projects" which may be in effect at the ” attached hereto as Appendix H, as amended from time the Alterations is performedto time.
(vi) All Alterations shall be performed only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that (1) Landlord may, in its reasonable discretion, specify engineers, general contractors, subcontractors, and architects to perform work affecting the Building Systems; and (2) if Landlord consents to any Alterations that requires work to be performed outside the Premises, Landlord may elect to perform such work at Tenant's reasonable expense.
(vii6) Tenant shall permit Landlord to supervise all Alterations, including, without limitation, the right (but not an obligation) to inspect the construction work during the progress thereofWork, and to require corrections of faulty construction or any material deviation from the plans in all instances Tenant shall reimburse Landlord for such Alterations as approved by Landlord; provided, however, that no such inspection shall be deemed to create any liability on the part of Landlord, or constitute a representation all actual out-of-pocket costs incurred by Landlord in providing such supervision. Tenant further agrees that if Tenant employs Landlord or any person hired its employees or Landlord’s contractors to perform any portion of such inspection that the work so inspected conforms with such plans or complies with any Governmental Requirementswork, Tenant shall pay to Landlord a further coordination fee as then agreed upon by Landlord and no such inspection shall give rise to a waiver of, or estoppel with respect to, Landlord's continuing right at any time or from time to time to require the correction of any faulty work or any material deviation from such plansTenant.
(viii) If Tenant requests that Landlord manage any Alterations, then Landlord may charge a supervisory fee not to exceed three percent (3%) of labor, material, and all other costs of the Alterations to compensate Landlord for its management and supervision of the progress of the work.
(ix7) Upon completion, Tenant shall furnish Landlord with contractor's ’s affidavits and full and final statutory waivers of liens, as-built plans and specifications, and receipted bills covering all labor and materials, and all other close-out documentation related to the Alterations, including any other information required under any "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time.
Appears in 1 contract
