ALTERATIONS AND SIGNS. 15.01. Tenant shall not make any alterations or additions to the Demised Premises, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. Landlord's consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwise. 15.02. Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance with all applicable Legal Requirements and Insurance Requirements. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Building, or (b) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Landlord; provided, however, that any alterations in or to the mechanical, electrical, sanitary, heating, ventilating, air conditioning or other systems of the Building shall be performed only by the contractor(s) reasonably acceptable to Landlord. Alterations shall be made in such manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as a result of Tenant's making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of alterations and, on request, at reasonable intervals thereafter during the making of alterations. 15.03. Tenant shall not place any signs on the roof, exterior walls or grounds of the Demised Premises without first obtaining Landlord's written consent thereto. Landlord shall not unreasonably withhold or delay its consent to (i) a sign indicating Tenant's (or other identifying information) on the exterior of the Demised Premises, or (ii) directional signs indicating the location of Tenant's loading areas. In placing any sign on or about the Demised Premises, Tenant shall, at its expense, maintain such sign, repair any damage caused to the Building, comply with all applicable Legal Requirements, obtain all required permits and/or licenses and agree to remove said sign and repair all damage to the Building caused by such removal at or prior to the Expiration Date.
Appears in 2 contracts
Samples: Lease Agreement (Childrens Place Retail Stores Inc), Lease Agreement (Childrens Place Retail Stores Inc)
ALTERATIONS AND SIGNS. 15.01Section 1. Tenant shall not make any repairs, alterations or additions (collectively, “Alterations”) to the Demised Premisesbase building systems, structure, foundations, roof or make any holes or cuts exterior of the Leased Premises costing in excess of $1,000,000 without first procuring Landlord’s written consent. Other than as expressly provided in the wallspreceding sentence, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the Landlord’s consent of Landlord. Landlord's consent shall is not be required for any non-structural interior alteration Alterations by Tenant. If Tenant gives Landlord written notice (by email or otherwise) to Landlord of the Demised Premises Tenant’s intent to make such Alterations in excess of $1,000,000 which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees to give require Landlord’s consent hereunder, Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold withhold, condition or delay its consent and Landlord shall be deemed to structural have consented thereto in writing if Landlord fails to respond within ten (10) business days. All Alterations and floor coverings, other than trade fixtures installed by Tenant and, at Tenant’s option, any other fixtures installed by Tenant or non-structural alterations provided same do not adversely affect the structure any trade fixtures or other fixtures installed by Landlord, which may be made or installed by either of the Building parties hereto upon the Leased Premises and which in any manner are attached to the floors, walls or ceilings, shall, at the functional utility termination of this Lease, become the Building for property of Landlord, and shall remain upon and be surrendered with the Permitted Uses. Tenant shall submit Leased Premises as a part thereof, without damage or injury; all without compensation or credit to Tenant, unless otherwise agreed by Landlord plans and specifications for such work at the time Landlord's consent to an Alteration is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree granted (or if no consent is required, upon request of Landlord upon notification by Tenant of such alterationdeemed granted) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwise.
15.02. Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance with all applicable Legal Requirements and Insurance Requirements. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Building, or (b) the then standards for the Building established by Landlord. Alterations shall All trade fixtures and other fixtures, at Tenant’s option, which may be performed made or installed by contractors first approved either of the parties hereto upon the Leased Premises may be removed by Landlord; Tenant upon termination or expiration of this Lease, provided, however, that any alterations Tenant shall pay the reasonable cost of repairing damage caused by the removal of such items.
Section 2. Subject to Tenant’s right to contest the same in or good faith, Tenant shall promptly pay all contractors and materialmen, so as to minimize the possibility of a lien attaching to the mechanicalLeased Premises, electricaland should any lien be made or filed, sanitary, heating, ventilating, air conditioning Tenant shall bond against or other systems discharge the same within thirty (30) days after written request by Landlord. Nothing in this Lease contained shall be construed as a consent on the part of Landlord to subject Landlord’s estate in the Leased Premises to any lien or liability under the lien laws of the Building State of Minnesota. Landlord may post on the Leased Premises notices of non-responsibility of Landlord for work done in the Leased Premises or liens in connection therewith as provided by Minnesota law.
Section 3. Tenant is entitled to put its signage on the Leased Premises (whether interior or exterior) in compliance in all material respects with applicable laws. The appearance, location and design of Tenant’s signage shall be performed only determined by the contractor(s) reasonably acceptable to Tenant in its sole discretion. Tenant shall arrange and pay for installation of Tenant’s signage. Except as provided in Article 7, Section 1 above for Landlord. Alterations shall be made in such manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord in the construction’s Repair Work, all costs of operation, maintenance, repair or operation and replacement of the Building; and if any such additional expense Tenant’s signage, including real estate taxes, shall be incurred paid by Landlord as a result of Tenant's making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of alterations and, on request, at reasonable intervals thereafter during the making of alterations.
15.03. Tenant shall not place any signs on the roof, exterior walls or grounds of the Demised Premises without first obtaining Landlord's written consent thereto. Landlord shall not unreasonably withhold or delay its consent to (i) a sign indicating Tenant's (or other identifying information) on the exterior of the Demised Premises, or (ii) directional signs indicating the location of Tenant's loading areas. In placing any sign on or about the Demised Premises, Tenant shall, at its expense, maintain such sign, repair any damage caused to the Building, comply with all applicable Legal Requirements, obtain all required permits and/or licenses and agree to remove said sign and repair all damage to the Building caused by such removal at or prior to the Expiration Date.
Appears in 1 contract
Samples: Lease (CMI Acquisition, LLC)
ALTERATIONS AND SIGNS. 15.01. Tenant shall not make any structural alterations or additions to the Demised Premises, or make any holes or cuts in the walls, ceilings, roofsroof, or floors thereof, or change the exterior color or architectural treatment of the Demised PremisesBuilding, or make any non-structural alterations costing One Hundred Thousand Dollars ($100,000.00) or more (consistent with the use of a first class warehouse distribution center) in the aggregate, without on each occasion first obtaining the consent of Landlord. Landlord's , which consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees with respect to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do shall not adversely affect the structure of the Building be unreasonably withheld or the functional utility of the Building for the Permitted Usesdelayed. In all events Tenant shall submit to Landlord a detailed description of such work, and where required for compliance with Legal Requirements or reasonably requested by Landlord, plans and specifications for such work at the time Landlord's ’s consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request prior to commencement of such proposed alterations. Landlord upon notification shall have the right to require restoration of any alterations performed by Tenant, except that restoration of any alterations performed by Tenant as part of Tenant’s Work for Tenant’s initial occupancy shall not be required to be restored, provided such Tenant’s plans for same are approved by Landlord in advance of such alteration) work. Tenant shall, except with respect to restore the Tenant’s Work performed in connection with Tenant’s initial occupancy of the Demised Premises on or before the Expiration Date to their condition as of the Commencement DatePremises, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's ’s Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall shall, except with respect to the Tenant’s Work performed in connection with Tenant’s initial occupancy of the Demised Premises, obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's ’s benefit, and without any representation or warranty whatsoever to Tenant in respect of to the adequacy, correctness or efficiency thereof or otherwise.
15.02. Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance therewith and with all applicable Legal Requirements and Insurance Requirements. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Building, or (b) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Landlord; providedLandlord in writing, howeverwhich approval shall not be unreasonably withheld or delayed, that any alterations in or subject, however to the mechanical, electrical, sanitary, heating, ventilating, air conditioning or other systems provisions of the Building shall be performed only by the contractor(s) reasonably acceptable to LandlordSection 36.09 of this Lease. Alterations shall be made in such manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as a result of Tenant's ’s making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be carried, workmen's worker’s compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of alterations and, on request, at reasonable intervals thereafter during the making of alterations.
15.03. Tenant shall not place any signs on the roof, exterior walls or grounds of the Demised Premises without first obtaining Landlord's ’s written consent thereto. Landlord shall not unreasonably withhold or delay its consent to (i) a sign indicating Tenant's (or other identifying information) on the exterior of the Demised Premises, or (ii) directional signs indicating the location of Tenant's loading areas. In placing any sign signs on or about the Demised Premises, Tenant shall, at its expense, maintain such sign, repair any damage caused to the Building, comply with all applicable Legal Requirements, Requirements and obtain all required permits and/or licenses licenses. Landlord shall not unreasonably withhold or delay its consent to Tenant’s exterior signage, and agree shall, at no cost or expense to remove said sign Landlord execute such applications as may be reasonably required, provided such signage is consistent with the character and repair all damage to quality of the Building caused by Building, does not include a roof sign, and does not exceed Tenant’s Fraction of the permissible and practicable exterior signage of the Building, and such removal at or prior to the Expiration Datesignage includes only Tenant’s name and logo.
Appears in 1 contract
Samples: Lease Agreement (Vs Direct Inc.)
ALTERATIONS AND SIGNS. 15.01. Tenant shall will not make or permit anyone to make any alterations alterations, decorations, additions or additions improvements, structural or otherwise with a cost in excess of $5,000 in or to the Demised Premises, Leased Premises or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change Building without the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the prior written consent of Landlord, except as set forth in Section 29. Landlord's Any alterations shall be out of identical or improved building materials and construction methods as was used in original structure. As a condition precedent to written consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Landlord hereunder, Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either such security against mechanic’s liens as Landlord shall reasonably request. If any mechanic’s lien is filed against any part of the Building or real estate for work claimed to have been done for or labor or materials claimed to have been furnished to or authorized by Tenant, such mechanic’s lien shall be discharged by Tenant within ten (i10) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey)days thereafter, each in an amount equal to 125% of such estimated at Tenant’s sole cost and in form reasonably satisfactory expense, by the payment and satisfaction thereof or by filing any bond required or permitted by law. Should Tenant fail to Landlordobtain the discharge of any such mechanic’s lien within ten (10) days of the filing thereof, or (ii) such other security as Landlord shall be reasonably satisfactory entitled to Landlord. Tenant shall fully obtain such discharge by whatever reasonable means Landlord deems expedient, and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval all costs incurred by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefitin obtaining such discharge including reasonable attorneys fees, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwise.
15.02. Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance with all applicable Legal Requirements and Insurance Requirements. Alterations shall be diligently performed in a good and workmanlike mannerpaid by Tenant as additional rent hereunder. Unless otherwise agreed, using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Buildingall alterations, decorations, additions or (b) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Landlord; provided, however, that any alterations improvements in or to the mechanicalLeased Premises or the Building made by either party shall immediately become the property of the Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the end of the term hereof without disturbance, electricalmolestation or injury; provided that if any and all damage resulting therefrom be repaired, sanitaryTenant shall have the right to remove at its own expense, heatingprior to the expiration or termination of the term of this lease, ventilatingall movable furniture, air conditioning trade fixtures and manufacturing equipment installed in the Leased Premises. Tenant shall have the right to remodel any existing monument signs at Tenant’s expense, subject to the approval by the City of Plymouth,and Landlord. Tenant agrees not to place or other systems maintain any sign, advertisement or notice on any part of the outside or the inside of the Building without Landlord’s prior written approval which shall not be unreasonably withheld. Any such approved use shall be performed only by at the contractor(s) reasonably acceptable to Landlord. Alterations shall be made in such manner as not to unreasonably interfere with or delay sole expense and as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as a result cost of Tenant's making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of alterations and, on request, at reasonable intervals thereafter during the making of alterations.
15.03. Tenant shall not place any signs on the roof, exterior walls or grounds of the Demised Premises without first obtaining Landlord's written consent thereto. Landlord shall not unreasonably withhold or delay its consent to (i) a sign indicating Tenant's (or other identifying information) on the exterior of the Demised Premises, or (ii) directional signs indicating the location of Tenant's loading areas. In placing any sign on or about the Demised Premises, Tenant shall, at its expense, maintain such sign, repair any damage caused to the Building, comply with all applicable Legal Requirements, obtain all required permits and/or licenses and agree to remove said sign and repair all damage to the Building caused by such removal at or prior to the Expiration Date.
Appears in 1 contract
Samples: Lease Agreement (Enpath Medical Inc)
ALTERATIONS AND SIGNS. 15.0114.01. Tenant shall not make any alterations or additions to the Demised Premises, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. Landlord's consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary hereinforegoing, (i) if Landlord has not responded to Tenant's submission alterations are decorative and non-structural in nature and have a cost of plans and specifications within fifteen (15) Business Days after receipt thereofless than $25,000, Tenant's plans and specifications so submitted no consent shall be deemed approved. At the time such consent is grantednecessary, however Tenant shall agree provide Landlord with details of same, and (ii) for all other alterations, Landlord's consent shall not be unreasonably withheld or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24delayed. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 75,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey)) , each in an amount equal to 125100% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of to the adequacy, correctness or efficiency thereof or otherwise.
15.02. Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance with all applicable Legal Requirements and Insurance Requirements. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Building, or (b) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Landlord; provided, however, that any alterations in or to the mechanical, electrical, sanitary, heating, ventilating, air conditioning or other systems of the Building shall be performed only by the contractor(s) reasonably acceptable to Landlord. Alterations shall be made in such manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as a result of Tenant's making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of alterations and, on request, at reasonable intervals thereafter during the making of alterations.
15.03. Tenant shall not place any signs on the roof, exterior walls or grounds of the Demised Premises without first obtaining Landlord's written consent thereto. Landlord shall not unreasonably withhold or delay its consent to (i) a sign indicating Tenant's (or other identifying information) on the exterior of the Demised Premises, or (ii) directional signs indicating the location of Tenant's loading areas. In placing any sign on or about the Demised Premises, Tenant shall, at its expense, maintain such sign, repair any damage caused to the Building, comply with all applicable Legal Requirements, obtain all required permits and/or licenses and agree to remove said sign and repair all damage to the Building caused by such removal at or prior to the Expiration Date.
Appears in 1 contract
Samples: Lease (Lower Road Associates LLC)
ALTERATIONS AND SIGNS. 15.01Tenant will not make or permit anyone to make --------------------- any structural alterations, additions or improvements in or to the Leased Premises or the Building without the prior written consent of Landlord, provided that Landlord shall not unreasonably withhold, delay or condition consent to Tenant's interior decorations unless, in Landlord's reasonable opinion, said interior alterations, additions or improvements adversely affect the Leased Premises or Building. Notwithstanding anything in this Lease to the contrary, Tenant shall be allowed, without Landlord approval, to make non-structural improvements or alterations to the Leased Premises provided said improvements or alterations do not exceed $7,500.00. However, Tenant shall still notify Landlord, in writing, of its' intention to perform said improvements or alterations. As a condition precedent to written consent of Landlord hereunder, Tenant agrees to obtain and deliver to Landlord such security against mechanic's lien as Landlord shall reasonably request. If any mechanic's lien is filed against any part of the Building or the Project for work claimed to have been done for, or labor or materials claimed to have been furnished to or authorized by Tenant, such mechanic's lien shall be discharged by Tenant within ten (10) days thereafter, at Tenant's sole cost and expense, by the payment and satisfaction thereof or by making any deposit required by law unless the amount owed is disputed in good faith by Tenant. In no event shall said dispute continue for more than thirty (30) business days after Landlord is notified of said dispute. Should Tenant fail to obtain the discharge of any such mechanic's lien within ten (10) days of the filing thereof, Landlord shall be entitled to obtain such discharge by whatever reasonable means Landlord deems expedient, and all costs incurred by Landlord in obtaining such discharge including reasonable attorney's fees, shall be paid by Tenant as additional rent hereunder. All alterations, decorations, additions or improvements in or to the Leased Premises or the Project made by Tenant or by Landlord on Tenant's behalf shall immediately become the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the end of the term hereof without disturbance, molestation or injury, unless Landlord requires specific portions thereof to be removed by Tenant at Tenant's sole expense, in which event Tenant shall do so prior to the expiration of the term of this Lease at its expense, and shall repair any damage caused thereby. Landlord shall inform Tenant at the time of construction of any alterations or improvements if said alterations or improvements shall be removed by Tenant at Tenant's expense at the expiration or termination of this Lease. Notwithstanding the foregoing, if Tenant is not in default in the performance of any of its obligations under this Lease, and further provided that if any and all damage resulting therefrom be repaired, Tenant shall have the right to remove at its own expense, prior to the expiration or termination of the term of this Lease, all moveable furniture or trade fixtures installed in the Leased Premises provided such removal is completed with no damage to the Leased Premises or the Building. Tenant shall not make place or maintain any alterations sign, advertisement or notice on any part of the outside or the inside of the Building without Landlord's prior written approval. Any such approved use shall be at the sole expense and cost of Tenant. Tenant shall not install any equipment which will or may necessitate any changes, replacements or additions to the Demised Premisesto, or make any holes or cuts in the wallsuse of, ceilingsthe heating, roofsventilating or air conditioning system, or floors thereof, or change the exterior color or architectural treatment electrical system of the Demised Premises, Leased Premises or the Project nor any equipment containing Hazardous Substances or chlorofluorocarbons without on each occasion first obtaining the prior written consent of Landlord. Landlord's consent shall not Equipment belonging to Tenant which causes fumes, odors, noise or vibration that may be required for any non-structural interior alteration of the Demised Premises which does not adversely affect transmitted to the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent space therein to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit such a degree as to be objectionable to Landlord plans or to any tenant in the Project shall be installed and specifications for such work maintained by Tenant, at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereofexpense, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is grantedon vibration eliminators, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwise.
15.02. Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance with all applicable Legal Requirements and Insurance Requirements. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and ventilation equipment at least equal in quality and class to the better of (a) the original installations of the Building, or (b) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Landlord; provided, however, that any alterations in or to the mechanical, electrical, sanitary, heating, ventilating, air conditioning or other systems of the Building shall be performed only by the contractor(s) reasonably acceptable devices sufficient to Landlord. Alterations shall be made in eliminate such manner as not to unreasonably interfere with or delay fumes, odors, noise and as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as a result of Tenant's making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of alterations and, on request, at reasonable intervals thereafter during the making of alterationsvibration.
15.03. Tenant shall not place any signs on the roof, exterior walls or grounds of the Demised Premises without first obtaining Landlord's written consent thereto. Landlord shall not unreasonably withhold or delay its consent to (i) a sign indicating Tenant's (or other identifying information) on the exterior of the Demised Premises, or (ii) directional signs indicating the location of Tenant's loading areas. In placing any sign on or about the Demised Premises, Tenant shall, at its expense, maintain such sign, repair any damage caused to the Building, comply with all applicable Legal Requirements, obtain all required permits and/or licenses and agree to remove said sign and repair all damage to the Building caused by such removal at or prior to the Expiration Date.
Appears in 1 contract
Samples: Lease Agreement (Vialog Corp)
ALTERATIONS AND SIGNS. 15.01. Tenant shall not make any alterations or additions to the Demised Premises, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. , which consent shall not be unreasonably withheld, delayed or conditioned; provided, however, with respect to those alterations to the Demised Premises which do not exceed a cost, in the aggregate, of $150,000, or otherwise impact upon the structure or systems of the Building, Landlord's consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Usesrequired. Tenant agrees With respect to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its those alterations wherein Landlord's consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. is required, Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 150,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125100% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwise. Landlord hereby expressly consents to the alterations to be performed by Tenant in connection with initial build-out of the Demised Premises.
15.02. Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance therewith and with all applicable Legal Requirements and Insurance Requirements. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Building, or (b) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Landlord; provided, however, that any alterations in or to the mechanical, electrical, sanitary, heating, ventilating, air conditioning or other systems of the Building shall be performed only by the contractor(s) reasonably acceptable to designated by Landlord. Alterations shall be made in such manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as a result of Tenant's making of any alterations, Landlord shall so notify Tenant of such additional expense, and, to the extent Tenant continues to desire to perform such alteration, Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be carried, workmenworker's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of alterations and, on request, at reasonable intervals thereafter during the making of alterations. In connection with Landlord's approval of Tenant's contractors, it is specifically agreed and understood by the parties hereto that once Landlord has so approved a particular contractor, said approval shall remain in force and effect through the Term without the need for further request by Tenant unless an until Landlord otherwise advises Tenant to the contrary.
15.03. Tenant shall not place any signs on the roof, exterior walls or grounds of the Demised Premises without first obtaining Landlord's written consent thereto. Landlord , which consent shall not be unreasonably withhold withheld, delayed or delay its consent to (i) a sign indicating conditioned provided Tenant's (or signage is similar, generally, to the other identifying information) signage permitted by Landlord on the exterior of the Demised Premises, or (ii) directional signs indicating the location of Tenant's loading areasits other buildings in Xxxxxx Cove and provided same is in compliance with applicable Legal Requirements. In placing any sign signs on or about the Demised Premises, Tenant shall, at its expense, maintain such sign, repair any damage caused to the Building, comply with all applicable Legal Requirements, Requirements and obtain all required permits and/or licenses and agree to remove said sign and repair all damage licenses.
15.04. Notwithstanding anything contained in this Article 15 to the Building caused contrary, Landlord hereby approves those contractors to be utilized by such removal at or prior to Tenant set forth on the Expiration Date.attached Exhibit F.
Appears in 1 contract
Samples: Lease (G Iii Apparel Group LTD /De/)
ALTERATIONS AND SIGNS. 15.01. Except with respect to alterations, additions, changes, replacements, installations or improvements which affect, either directly or indirectly, (i) the structural elements of the Building (which shall include, but not be limited to, any expansion of the Building), or (ii) the mechanical systems of the Building in a manner which represents a material deviation from the Plans and Specifications approved by Landlord in connection with the initial Tenant’s Work, or (iii) the exterior façade of the Building in a manner that is inconsistent with the general appearance of the Building as it exists on the date of this Lease, or (iv) which involve exterior (i.e. outside the Building) installations or exterior underground cable, conduit and/or and utility lines, which collectively are referred to herein as “Alterations” and which shall require Landlord’s prior written approval, Tenant may make from time to time, without Landlord’s consent, alterations, modifications or improvements to the Building as it desires or is required to make. With respect to those Alterations requiring Landlord’s prior approval, Tenant shall, prior to the commencement of such Alterations, submit to Landlord detailed plans and specifications for such Alterations prepared by a registered architect or professional engineer and Landlord shall reasonably approve or disapprove such Alterations within ten (10) business days of Tenant’s submission thereof. Any disapproval of such proposed Alterations shall be accompanied by specific reasons for such disapproval. Failure of Landlord to respond within such ten (10) business day period shall be deemed approval of such proposed Alterations. Alterations, and any alterations, modifications or improvements that do not constitute Alterations, made by Tenant shall not make any alterations or additions be performed in compliance with all applicable Legal Requirements and Insurance Requirements. With respect to the Demised Premisesthose Alterations requiring Landlord’s approval, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. Landlord's consent Landlord agrees that such approval shall not be required unreasonably withheld, delayed or conditioned, and Landlord agrees to approve Tenant’s request for any non-structural interior alteration of Alterations provided and on the Demised Premises which condition that (i) the Alteration in question does not adversely affect the structure structural integrity of the Building, and (ii) in the case of Alterations to the mechanical systems of the Building, same do not represent a material deviation from the Plans and Specifications approved by Landlord in connection with the initial Tenant’s Work, and (iii) in all cases, the Alterations(s) in question do not otherwise impair (i.e., lessen) the value of the Building or functional utility as a data center/facility when evaluated in the context of the value of the Building for the Permitted Uses. Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as a data center/facility as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive Date of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterationsLease. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations Alterations is solely for Landlord's ’s benefit, and without any representation or warranty whatsoever to Tenant in respect of to the adequacy, correctness or efficiency thereof or otherwise.
15.02. Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance with all applicable Legal Requirements and Insurance Requirements. Alterations (including those alterations, modifications or improvements that do not constitute Alterations) shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Building, or (b) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Landlord; provided, however, that any alterations in or to the mechanical, electrical, sanitary, heating, ventilating, air conditioning or other systems of the Building shall be performed only by the contractor(s) reasonably acceptable to Landlord. Alterations shall be made in such manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as a result of Tenant's making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the making of alterationsall alterations (including any Alteration), Tenant shall carry, or cause to be carried, workmen's ’s compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of alterations Alterations and, on request, at reasonable intervals thereafter during the making of alterations.
15.0315.02. Tenant shall not place any signs be permitted, at Tenant’s sole cost and expense, to install signage on the roof, exterior walls of the Building or the grounds of the Demised Premises without first obtaining Landlord's ’s written consent thereto. Landlord shall , provided the same do not unreasonably withhold or delay its consent to (i) a sign indicating Tenant's (or other identifying information) on contain any offensive materials, and provided the exterior of the Demised Premises, or (ii) directional signs indicating the location of Tenant's loading areas. In placing any sign on or about the Demised Premises, Tenant shall, at its expense, maintain such sign, repair any damage caused to the Building, comply same are otherwise in compliance with all applicable Legal Requirements, obtain all required permits and/or licenses and agree to remove said sign and repair all damage .
15.03. Subject to the provisions of Article 15.01 above, Tenant shall be permitted, at Tenant’s sole cost and expense, to expand the Building caused by such removal at or prior to the Expiration Dateextent permitted by applicable Legal Requirements. Landlord agrees that Tenant shall not be required to pay Fixed Rent with respect to any expansion of the Building so constructed by Tenant, but Tenant shall be responsible and shall pay any increase in Real Estate Taxes resulting from any expansion of the Building constructed by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Switch & Data Facilities Company, Inc.)
ALTERATIONS AND SIGNS. 15.0112.01. Tenant Subtenant shall submit to Sublandlord, a complete set of plans and specifications for all initial work desired to be installed at the Demised Premises by Subtenant (the "Subtenant Initial Work"), which Subtenant Initial Work shall be at Subtenants sole cost and expense.
12.02. Except for non-structural alterations and changes (other than to the roof) costing Fifty Thousand Dollars ($50,000) or less in the aggregate at any one time (in which case no Sublandlord's consent shall be required), Subtenant shall not i) make any structural alterations or additions to the Demised Premises, or (ii) make any holes cuts or cuts penetrations in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment roof of the Demised Premises, or (iii) any non-structural alterations and changes costing more than Fifty Thousand ($50,000) Dollars at any one time, without on each occasion occasion, set forth in (i)-(iii) above, first obtaining the consent of Landlord. LandlordSublandlord, such consent not to unreasonably withheld, conditioned or delayed ("Subtenant's consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00Additional Work"). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant Subtenant shall submit to Landlord Sublandlord plans and specifications for such work Subtenant's Additional Work at the time LandlordSublandlord's consent is sought. Notwithstanding anything contained sought and with respect to structural alterations only, Subtenant shall reimburse Sublandlord for the contrary herein, if Landlord has not responded to Tenantout of pocket reasonable costs actually incurred by Sublandlord for Sublandlord's submission review and approval of the plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirementsspecifications, including, without limitation, the fees reasonable cost to Sublandlord for engaging architects and engineers (unless Subtenant obtains Sublandlord's approval of any Subtenant's architect or engineer employed by Landlord for engineer, such purposeconsent not to be unreasonably withheld, in which case Sublandlord shall not be entitled to such reimbursement). Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwise.
15.02. Tenant Subtenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion. Notwithstanding the above, and shall cause alterations to be performed in compliance with all applicable Legal Requirements and Insurance Requirements. Alterations Subtenant shall be diligently performed permitted to perform: (i) Subtenant's * Work as set forth in Exhibit C-2 and (ii) non-structural alterations and changes (not affecting the roof) costing less than Fifty Thousand ($50,000) Dollars, each without the need for Sublandlord's consent. However, in each such instance, Subtenant shall, prior to commencement of such work, provide Sublandlord, for informational purposes only, with prior written notice of same together with a good and workmanlike mannercopy of plans for all proposed work.
12.03. At Subtenant's option, using new materials and equipment at least equal in quality and class prior to the better undertaking Subtenant's Additional Work, Subtenant may request that Sublandlord ---------------------- * Initial notify Subtenant as to whether Sublandlord will require removal of (a) the original installations Subtenant's Additional Work upon expiration or sooner termination of the Building, term of this Sublease.
12.04. Subtenant's contractor or (b) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Landlord; provided, however, that any alterations in or to the mechanical, electrical, sanitary, heating, ventilating, air conditioning or other systems of the Building shall be performed only by the contractor(s) reasonably acceptable to Landlord. Alterations shall be made in such manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as a result of Tenant's making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant Subtenant shall furnish Landlord Sublandlord with reasonably satisfactory evidence that such worker's compensation insurance is in effect at or before the commencement of alterations and, on request, at reasonable intervals thereafter during the making of alterations.
15.0312.05. Tenant shall not Subtenant may place any signs a sign on the roof, exterior walls or grounds of the Demised Premises without first obtaining Landlordand/or on the front lawn of the Land, subject to Sublandlord's written consent thereto. Landlord prior approval which approval shall not be unreasonably withhold delayed or delay its consent to (i) a withheld, at Subtenant's sole cost and expense, provided that any sign indicating Tenant's (or other identifying information) placed on the exterior of Demised Premises shall be in compliance with all Legal Requirements.
12.06. At or before the Demised PremisesExpiration Date, or (ii) directional signs indicating the location earlier termination of Tenant's loading areas. In placing any sign on or about the Demised Premisesthis Sublease, Tenant Subtenant shall, at its cost and expense, maintain such signremove from the Demised Premises all of Subtenant's Initial Work, repair any damage caused Subtenant's Additional Work and all of Subtenant's Property (defined hereinafter) and restore the Demised Premises to their condition as of the Building, comply date hereof. If Subtenant fully complies with all applicable Legal Requirements, obtain all required permits and/or licenses the above and agree to remove said sign leaves the Demised Premises in good order and repair all damage and in broom clean condition, Sublandlord shall reimburse Subtenant for (a) up to Five Thousand ($5,000) Dollars towards the Building caused by actual cost of such removal at and restoration if Subtenant vacates after the initial term, or prior (b) up to Ten Thousand ($10,000) Dollars towards the Expiration Dateactual cost of such removal and restoration if Subtenant vacates after the initial term is extended * as provided herein.
Appears in 1 contract
ALTERATIONS AND SIGNS. 15.01. Tenant shall not make any alterations or additions to the Demised Premises, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. Landlord's consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained the foregoing, Landlord's consent shall not be required, however notice to the contrary herein, if Landlord has not responded to Tenant's submission (together with a copy of the plans and specifications within fifteen (15specifications) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request for alterations that are non-structural in nature and do not involve or affect the mechanical systems of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as Building and have a cost of less than $75,000.00, provided such notice shall include reasonably sufficient details of the Commencement Date, reasonable wear and tear excepted and subject to Article 24alteration(s). Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 50,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125100% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwise.
15.02. Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance therewith and with all applicable Legal Requirements and Insurance Requirements. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Building, or (b) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by LandlordLandlord (such approval not to be unreasonably withheld); provided, however, that any alterations in or to the mechanical, electrical, sanitary, heating, ventilating, air conditioning or other systems of the Building shall be performed only by the contractor(s) reasonably acceptable to designated by Landlord. Alterations shall be made in such manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as a result of Tenant's making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be carried, workmenworker's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of alterations and, on request, at reasonable intervals thereafter during the making of alterations.
15.03. Tenant shall not place any signs on the roof, exterior walls or grounds of the Demised Premises without first obtaining Landlord's written consent thereto. Landlord shall not unreasonably withhold or delay its consent to (i) the installation of a sign indicating Tenant's (or other identifying information) on the exterior wall of the Demised Premises, or (ii) directional signs indicating the location of setting forth Tenant's loading areasname and logo, identifying the Tenant's occupancy of the Demised Premises. Tenant shall not place the sign of any third party on the Demised Premises or the Building. Tenant shall, at Tenant's sole cost and expense, be responsible for the maintenance of said sign. At Landlord's request, upon termination or expiration of this Lease, Tenant shall, at Tenant's sole cost and expense, remove such sign and repair any damage to the Building resulting therefrom. In placing any sign signs on or about the Demised Premises, Tenant shall, at its expense, maintain such sign, repair any damage caused to the Building, comply with all applicable Legal Requirements, Requirements and obtain all required permits and/or licenses and agree to remove said sign and repair all damage to the Building caused by such removal at or prior to the Expiration Datelicenses.
Appears in 1 contract
Samples: Lease (Kasper a S L LTD)
ALTERATIONS AND SIGNS. 15.01. Tenant shall not make any alterations or additions to the Demised Premises, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. Landlord's consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than Fifty Thousand and 00/100 Dollars ($100,000 50,000.00) (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of to the adequacy, correctness or efficiency thereof or otherwise.
15.02. Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance therewith and with all applicable Legal Requirements and Insurance Requirements. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Building, or (b) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Landlord; provided, however, that any alterations in or to the mechanical, electrical, sanitary, heating, ventilating, air conditioning or other systems of the Building shall be performed only by the contractor(s) reasonably acceptable to designated by Landlord. Alterations shall be made in such manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as a result of Tenant's making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of alterations and, on request, at reasonable intervals thereafter during the making of alterations.
15.03. Tenant shall not place any signs on the roof, exterior walls or grounds of the Demised Premises without first obtaining Landlord's written consent thereto. Landlord shall not unreasonably withhold or delay its consent to (i) a sign indicating Tenant's (or other identifying information) on the exterior of the Demised Premises, or (ii) directional signs indicating the location of Tenant's loading areas. In placing any sign signs on or about the Demised Premises, Tenant shall, at its expense, maintain such sign, repair any damage caused to the Building, shall comply with all applicable the Legal Requirements, Requirements and obtain all required permits and/or licenses and agree to remove said sign and repair all damage to the Building caused by such removal at or prior to the Expiration Dateits expense.
Appears in 1 contract
ALTERATIONS AND SIGNS. 15.01. Tenant shall not make any alterations or additions to the Demised Premises, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. Landlord's consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 50,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% of such estimated cost and in form reasonably satisfactory to Landlord, or at Tenant's option, (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwise.
15.02. Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance therewith and with all applicable Legal Requirements and Insurance Requirements. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Building, or (b) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Landlord; provided, however, that any alterations in or to the mechanical, electrical, sanitary, heating, ventilating, air conditioning or other systems of the Building shall be performed only by the contractor(s) reasonably acceptable to designated by Landlord. Alterations shall be made in such manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as a result of Tenant's making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be carried, workmenworker's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of alterations and, on request, at reasonable intervals thereafter during the making of alterations.
15.03. Tenant shall not place any signs on the roof, exterior walls or grounds of the Demised Premises without first obtaining Landlord's written consent thereto. Landlord shall not unreasonably withhold or delay its consent to (i) a sign indicating Tenant's (or other identifying information) on the exterior of the Demised Premises, or (ii) directional signs indicating the location of Tenant's loading areas. In placing any sign signs on or about the Demised Premises, Tenant shall, at its expense, maintain such sign, repair any damage caused to the Building, comply with all applicable Legal Requirements, Requirements and obtain all required permits and/or licenses and agree to remove said sign and repair all damage to the Building caused by such removal at or prior to the Expiration Datelicenses.
Appears in 1 contract
ALTERATIONS AND SIGNS. 15.01. Tenant shall will not make or permit anyone to make any alterations alterations, decorations, additions or additions improvements, structural or otherwise with a cost in excess of $1,000, in or to the Demised Premises, Leased Premises or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change Building without the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the prior written consent of Landlord, except as set forth in Section 29. Landlord's Any alterations shall be out of identical or improved building materials and construction methods as was used in original structure. As a condition precedent to written consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Landlord hereunder, Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either such security against mechanic's liens as Landlord shall reasonably request. If any mechanic's lien is filed against any part of the Building or real estate for work claimed to have been done for or labor or materials claimed to have been furnished to or authorized by Tenant, such mechanic's lien shall be discharged by Tenant within ten (i10) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey)days thereafter, each in an amount equal to 125% of such estimated at Tenant's sole cost and in form reasonably satisfactory expense, by the payment and satisfaction thereof or by filing any bond required or permitted by law. Should Tenant fail to Landlordobtain the discharge of any such mechanic's lien within ten (10) days of the filing thereof, or (ii) such other security as Landlord shall be reasonably satisfactory entitled to Landlordobtain such discharge by whatever reasonable means Landlord deems expedient, and all costs incurred by Landlord in obtaining such discharge including reasonable attorneys fees, shall be paid by Tenant as additional rent hereunder. Tenant All alterations, decorations, additions or improvements in or to the Leased Premises or the Building made by either party shall fully immediately become the property of Landlord and promptly comply shall remain upon and be surrendered with and observe the Rules and Regulations then in force in respect Leased Premises as a part thereof at the end of the making of alterations. Any review term hereof without disturbance, molestation or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwise.
15.02. Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance with all applicable Legal Requirements and Insurance Requirements. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Building, or (b) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Landlordinjury; provided, however, that if Tenant is not in default in the performance of any alterations in or of its obligations under this Lease, and further provided that if any and all damage resulting therefrom be repaired, Tenant shall have the right to remove at its own expense, prior to the mechanicalexpiration or termination of the term of this lease, electricalall movable furniture, sanitarytrade fixtures and manufacturing equipment installed in the Leased Premises, heatingprovided such removal is completed with no damage to the Leased Premises or the Building. Tenant shall have the right to remodel any existing monument signs at Tenant's expense, ventilatingsubject to the approval by the City of Plymouth, air conditioning other building tenants, and Landlord. Tenant agrees not to place or other systems maintain any sign, advertisement or notice on any part of the outside or the inside of the Building without Landlord's prior written approval. Any such approved use shall be performed only by at the contractor(s) reasonably acceptable to Landlord. Alterations shall be made in such manner as not to unreasonably interfere with or delay sole expense and as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as a result cost of Tenant's making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of alterations and, on request, at reasonable intervals thereafter during the making of alterations.
15.03. Tenant shall not place any signs on the roof, exterior walls or grounds of the Demised Premises without first obtaining Landlord's written consent thereto. Landlord shall not unreasonably withhold or delay its consent to (i) a sign indicating Tenant's (or other identifying information) on the exterior of the Demised Premises, or (ii) directional signs indicating the location of Tenant's loading areas. In placing any sign on or about the Demised Premises, Tenant shall, at its expense, maintain such sign, repair any damage caused to the Building, comply with all applicable Legal Requirements, obtain all required permits and/or licenses and agree to remove said sign and repair all damage to the Building caused by such removal at or prior to the Expiration Date.
Appears in 1 contract
Samples: Lease Agreement (Medamicus Inc)
ALTERATIONS AND SIGNS. 15.01. Tenant shall will not make or permit anyone to make any alterations alterations, decorations, additions or additions improvements, structural or otherwise, in or to the Demised Premises, Leased Premises or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change Building without the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the prior written consent of Landlord. Landlord's , which consent shall not be unreasonably withheld, and provided further that by such consent, Landlord may give notice to the Tenant whether or not the Landlord will require such alterations, additions, partitions or improvements to be removed upon lease expiration or termination, and if no such notice is given by Landlord, then the conclusive presumption shall be that such improvement shall not be required for any to be removed upon expiration of this Lease. Any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do mechanical improvement not adversely affect exceeding $3,000.00 shall not require Landlord consent, but Tenant shall provide Landlord with a 10-days advance written notice prior to making such alterations, additions, partitions or improvements and Landlord may give notice to the structure Tenant whether or not the Landlord will require such alterations, additions, partitions or improvements to be removed upon lease expiration or termination, and if no such notice is given by Landlord, then the conclusive presumption shall be that such improvement shall not be required to be removed upon expiration of this Lease. All such alterations, decorations, additions or improvements permitted by Landlord must conform to all requirements of the Building federal, state and local governments or the functional utility of the Building for the Permitted Usesother entities having jurisdiction over such matters. Tenant shall submit to When granting its consent, Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirementsmay impose any conditions it deems appropriate, including, without limitation, the fees approval of any architect or engineer employed by plans and specifications and obtaining of specified insurance. As a condition precedent to written consent of Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlordhereunder, Tenant shall agrees to obtain and deliver to Landlord either (i) such security against mechanic's liens as Landlord shall reasonably request. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen to be placed upon or against the Leased Premises or the Building or against the Tenant's interest in the Lease, arising from labor, material, service, equipment ordered or authorized by Tenant or its agents or employees, and in case of such lien attaching, to immediately pay and remove same, except that if Tenant contests any such lien, Tenant may post a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an the amount equal to 125of 150% of such estimated cost and in form reasonably satisfactory to Landlord, alleged lien or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully give notice of any work which may be done which would permit liens to be flied, such notice to be given seven (7) days prior to any work commencing and promptly comply does hereby permit Landlord to post appropriate notices of non-responsibility pursuant to Minnesota Statutes 514.06. If any mechanic's lien is filed against any part of the Building or real estate for work claimed to have been done for or labor or materials claimed to have been furnished to or authorized by Tenant, such mechanic's lien shall be discharged by Tenant within thirty days thereafter, at Tenant's sole cost and expense, by the payment and satisfaction thereof or by filing any bond required or permitted by law or posting other security reasonably acceptable to Landlord. Should Tenant fail to obtain the discharge of any such mechanic's lien within 60 days of the filing thereof, Landlord shall be entitled to obtain such discharge by whatever reasonable means Landlord deems expedient, and all costs incurred by Landlord in obtaining such discharge including reasonable attorneys fees, shall be paid by Tenant as Additional Rent hereunder. All alternations, additions or improvements, permanently affixed to the Premises, including wall-to-wall carpet, upon the Premises (whether with or without the prior written consent of Landlord) shall, at the election of Landlord, remain upon the Premises, and observe become the Rules property of the Landlord and Regulations then in force in respect be surrendered with the Leased Premises at the expiration or termination of this Lease without disturbance, molestation or injury. Except for Tenant's initial improvements, should Landlord elect that the alterations, additions or improvements made by Tenant upon the Premises including telephone or computer cabling, conduit or wiring be removed upon expiration or termination of this Lease, Tenant hereby agrees to cause same to be removed at Tenant's sole expense. Should Tenant fail to remove the same, Landlord may cause same to be removed at Tenant's expense and Tenant hereby agrees to reimburse Landlord for the cost of such removal together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same. Such obligations shall survive expiration or termination of this Lease. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims or damages to person or property which arise directly or indirectly by reason of the making of any such alterations, additions or improvements. Any review If any such work is done without the prior written consent of Landlord, Landlord may correct or approval remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord together with a charge of any plans and/or specifications 15% of such costs in the performance of this work. All alterations, additions or improvements in or to the Premises or the Building made by either party (and if made by the Tenant, then only if Landlord has approved such alterations, additions or improvements) shall immediately become the property of Landlord and shall remain upon and be surrendered with respect to any alterations is solely for Landlord's benefit, and without any representation the Premises as a part thereof at the expiration or warranty whatsoever to Tenant in respect termination of the adequacyTerm without disturbance, correctness molestation or efficiency thereof or otherwise.
15.02. Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance with all applicable Legal Requirements and Insurance Requirements. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Building, or (b) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Landlordinjury; provided, however, that any alterations Tenant shall have the right to remove, prior to expiration of the Term, all movable furniture, furnishings and equipment installed in or the Premises at the expense of Tenant. If such property of Tenant is not removed by Tenant prior to the mechanicalexpiration or termination of this Lease, electricaland if Landlord so elects, sanitary, heating, ventilating, air conditioning or other systems the same shall become the property of the Building Landlord and shall be performed only by surrendered with the contractor(s) reasonably acceptable to Landlord. Alterations shall be made in such manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord Premises as a result of Tenant's making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of alterations and, on request, at reasonable intervals thereafter during the making of alterations.
15.03part thereof. Tenant shall not place or maintain any signs sign, advertisement or notice on the roof, exterior walls or grounds any part of the Demised Premises outside or the inside of the Building without first obtaining Landlord's prior written consent theretoapproval. Any such approved use shall be at the sole expense and cost of Tenant. Landlord shall not unreasonably withhold provide standard building signage on the glass store front entry or delay its consent door at the entrance to (i) a sign indicating the Leased Premises and Tenant's (or name on any other identifying information) on the exterior tenant directory signage of the Demised PremisesBuilding. Tenant may install additional Tenant signage to the building and the Leased Premises beyond what Landlord will provide, or (ii) directional signs indicating the location of although any such signage must first be approved by Landlord and installed at Tenant's loading areas. In placing any sign on or about the Demised Premises, Tenant shall, at its expense, maintain such sign, repair any damage caused to the Building, comply with all applicable Legal Requirements, obtain all required permits and/or licenses and agree to remove said sign and repair all damage to the Building caused by such removal at or prior to the Expiration Date.
Appears in 1 contract
Samples: Lease Agreement (2nd Swing Inc)