Alterations by Tenant. Tenant shall not make or cause to be made any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheld.
Appears in 1 contract
Samples: Lease (Dm Management Co /De/)
Alterations by Tenant. (a) The Tenant shall not make not, without the prior consent of the Landlord, make, erect, alter or cause to be made install any improvements, alterations, additions, changes, replacements Leasehold Improvements or other alterations or installations to the Demised Premises (the AWork@).
(b) If the Tenant wishes to have any Work done in the Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications apply for such work at the time Landlord's consent is sought. Any and furnish such improvementsplans, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and designs as shall be performed and completed by Tenant in an expeditious mannernecessary to fully describe the Work. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which Landlord's consent thereto shall not be unreasonably withheld or delayed; provided that, without limitation, any refusal to grant consent based on grounds that such Work is not in compliance with the Building Standard or that the Tenant has not posted security with the Landlord shall be conclusively deemed not to be an unreasonable withholding of consent.
(c) Subject to the Landlord's consent having been obtained and the Landlord's reasonable requirements (including the posting of reasonable security, if requested) being met, the Landlord recognizes the right of the Tenant to install such interior partitions and other Leasehold Improvements as are necessary or appropriate to its use and occupancy of the Premises.
(d) Any Work shall, if the Landlord so elects, be performed by the Landlord or by contractors who have been designated by the Landlord and who have contracted directly with the Tenant and agreed to carry out such Work in a good and workmanlike manner and at a cost to the Tenant equal to the Landlord's or contractor=s cost plus 10% for supervision and 10% for profit. In the absence of any such election by the Landlord, such Work may be performed by contractors retained by the Tenant pursuant to written contracts which have been approved by the Landlord (such approval not to be unreasonably withheld) and are subject to all reasonable conditions which the Landlord imposes. In either event, the Landlord shall have the right to make nonstructural alterations inspect such Work and require any Work not being properly done to be corrected, and to approve on a reasonable basis (which may include considerations involving trade union affiliations or additions costingthe lack of them and work jurisdiction, where in the aggregate during opinion of the Landlord there is a risk of labour disputes which might adversely affect the Landlord) the contractors, tradesmen or the Tenant's own employees (as the case may be) employed by the Tenant in connection therewith.
(e) The Tenant shall pay to the Landlord, within 10 days after the receipt of the Landlord's invoice, the Landlord's reasonable out-of-pocket costs incurred in examining and approving the Tenant's plans, specifications and designs and in inspecting the Work and any additional expenses actually incurred by the Landlord in connection with such Work together with a coordination and supervision fee equal to 10% of the total cost to the Tenant of such Work.
(f) On each anniversary of the first day of the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with provide to the requirements Landlord a complete set of Section 7.01 including, but not limited up-to, the carrying of insurance as provided in said Section and the submission to Landlord -date drawings of the plans Premises including without limitation all electrical, mechanical and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldarchitectural drawings.
Appears in 1 contract
Samples: Lease (E Cruiter Com Inc)
Alterations by Tenant. (a) The Tenant shall not, without the prior consent of the Landlord, not make or cause to be made unreasonably withheld, make, erect, alter or install any improvements, alterations, additions, changes, replacements Leasehold Improvements or other alterations or installations other than decorations, alterations and installations of a minor nature to the Demised PremisesPremises (the "Work").
(b) If the Tenant wishes to do any Work requiring consent, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications apply for such work at the time Landlord's consent is sought. Any and furnish such improvementsplans, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and designs as shall be performed and completed by Tenant in an expeditious mannerreasonably necessary to fully describe the Work. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which Landlord's consent thereto shall not be unreasonably withheld or delayed; provided that, without limitation, any refusal to grant consent based on grounds that such Work is not in compliance with the Building Standard or that the Tenant has not posted reasonable security with the Landlord if required by the Landlord, acting reasonably, shall be conclusively deemed not to be an unreasonable withholding of consent.
(c) Subject to the Landlord's consent having been obtained and the Landlord's reasonable requirements (including the posting of reasonable security, if requested) being met, the Landlord recognizes the right of the Tenant to install such interior partitions and other Leasehold Improvements as are necessary or appropriate to its use and occupancy of the Premises.
(d) Any Work shall, if the Landlord so elects, be performed by employees or contractors who have been designated by the Landlord, acting reasonably, and who have contracted directly with the Tenant and agreed to carry out such Work in a good and workmanlike manner and at a cost to the Tenant which is competitive when compared with the amounts which would be charged by reputable contractors performing the same work. In the absence of any such election by the Landlord, such Work may be performed by contractors retained by the Tenant pursuant to written contracts which have been approved by the Landlord (such approval not to be unreasonably withheld or delayed) and are subject to all reasonable conditions which the Landlord imposes. In either event, the Landlord shall have the right to make nonstructural alterations inspect such Work and require any Work not being properly done to be corrected, and to approve on a reasonable basis (which may include considerations involving trade union affiliations or additions costingthe lack of them and work jurisdiction, where in the aggregate during opinion of the TermLandlord there is a risk of labour disputes which might adversely affect the Landlord) the contractors, not more than $25,000 without tradesmen or the consent of Tenant's own employees (as the case may be) employed by the Tenant in connection therewith.
(e) The Tenant shall pay to the Landlord, provided within 30 days after the receipt of the Landlord's invoice, the Landlord's reasonable out-of-pocket costs incurred in examining and approving the Tenant's plans, specifications and designs and in inspecting the Work and any additional expenses actually incurred by the Landlord in connection with such Work together with a coordination and supervision fee equal to 10% of the total cost to the Tenant of such Work.
(af) Following completion of any Work, the Tenant shall otherwise comply with provide to the requirements Landlord a complete set of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord updated drawings of the plans Premises including without limitation all electrical, mechanical and specifications for such alterations or additions and (b) such alterations or additions shall, when architectural drawings as reasonably necessary to show what Work has been completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent Upon written request of the Landlord, which consent the Tenant shall not be unreasonably withheldprovide the Landlord with a complete set of drawings of the Premises in its possession.
Appears in 1 contract
Samples: Lease Amending Agreement (Kroll Inc)
Alterations by Tenant. Tenant shall have the right to erect a building sign indicating the name and logo of Tenant which is consistent with the size and quality of other building signs within Oak Park. Tenant will obtain approval for any such sign from Landlord, approval not make or cause to be made any improvements, unreasonably withheld or delayed. The Tenant shall make no alterations, additions, changes, replacements additions or installations improvements in or to the Demised Premises, or make any cuts in Premises without first submitting to 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications therefore in such detail as the Landlord may reasonably require and obtaining the Landlord's prior written consent. The Landlord agrees that its consent shall not be unreasonably withheld or delayed for interior, nonstructural alterations, additions and improvements consistent with the use of the Premises as contemplated hereby; any such work consent to interior, nonstructural alterations, additions and improvements, if the Landlord so advises the Tenant at the time Landlordof such consent, may be conditioned upon the Tenant's consent is soughtbeing obligated to remove the same at the expiration or termination of this Lease and to restore the Premises to their condition prior to such alterations, additions and improvements. Any Upon completion of any such alterations, additions or improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved Tenant shall deliver "as built" plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious mannerto Landlord. The Tenant shall promptly pay when due the entire cost of any work undertaken such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of mechanics and materialmen's liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenantclaims. All contractors and subcontractors performing work in or to undertaken by the Demised Premises Tenant shall be approved by Landlord prior to accomplished in accordance with all applicable laws and in a good workmanlike manner, using first class materials. Notwithstanding the performance of any such workforegoing, which Landlord's consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make required for nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will do not affect the facadebase building HVAC, mechanicalelectrical, electrical or structural components and plumbing systems having a cost of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject up to the consent of the Landlord, which consent shall not be unreasonably withheld$20,000.
Appears in 1 contract
Samples: Lease Agreement (Nitromed Inc)
Alterations by Tenant. Tenant shall not make have the right at any time and from time to time during the Term hereof to make, at its sole cost sole expense, such changes and alterations in or cause to the improvements constructed by Tenant upon the Leased Premises; provided that all changes and alterations, the estimated costs of which shall exceed Six Hundred Thousand Dollars ($600,000.00), shall be made any improvementsonly with Landlord’s prior consent, alterationswhich consent shall not be unreasonably withheld. All such permitted changes and alterations (herein collectively referred to as “Alterations”), additionssave and except the Tenant’s Property, changes, replacements shall be immediately considered a part of the Leased Premises and shall be surrendered therewith at the end of the Term hereof or installations earlier termination of this Amended Lease at which time the same shall become the property of Landlord. Such alternations shall be made in all cases subject to the Demised Premisesfollowing conditions, or make which Tenant covenants and agrees to observe and perform:
(a) No Alteration shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all municipal and other governmental permits and any cuts authorizations of the various municipal departments and government subdivisions having jurisdiction, and the Landlord agrees to join, at the expense of the Tenant, in the walls, ceilings, roofs, application for any such permits 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, authorizations whenever such action is necessary; and
(b) All work done in connection with any Alternation shall be done promptly and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with the applicable municipal building and zoning laws and with all Requirements other laws, ordinances, orders, rules, regulations and shall be performed requirements of federal, state and completed by Tenant in an expeditious manner. The municipal governments, and appropriate departments, commissions, boards and officers thereof, the cost of any such improvements, alterations, additions, changes, replacements or installations Alteration shall be paid in cash or its equivalent equivalent, so that the Demised Leased Premises shall at all times be free of liens for work, labor, services labor and materials supplied or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or supplied to the Demised Premises shall be approved by Landlord prior to the performance of any such workLeased Premises, which consent shall not be unreasonably withheld or delayedunless otherwise allowed herein. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of provide Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 includingupon written request, but not limited to, the carrying of insurance as provided in said Section and the submission evidence satisfactory to Landlord that the Leased Premises are free from any and all liens growing out of the plans construction and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be completion of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldalterations.
Appears in 1 contract
Alterations by Tenant. The Tenant shall not may from time to time at its own expense make changes, additions and improvements to the Leased Premises to better adapt the same to its business, provided that any change, addition or cause to improvement shall:
(a) comply with the requirements of the Landlord's insurers and any governmental or municipal authority having jurisdiction;
(b) be made only if, prior to preparation of any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such and prior to commencement of any work in the Leased Premises, including, without limiting the generality of the foregoing, any demolition, construction or alterations, the Tenant has determined through testing at its own cost and expense what Pollutants, if any, are present in the Leased Premises and, if the Tenant fails to do so, the Tenant acknowledges and agrees that it shall indemnify and save harmless the Landlord from and against any and all Claims growing or arising out of the Tenant's failure to do so;
(c) be made only after detailed plans and specifications therefor have been submitted to the Landlord and received the prior written approval of the Landlord, all at the time expense of the Tenant, and should the Landlord provide its written approval, such approval shall not be deemed to mean that the proposed changes, additions or improvements comply with any existing or future municipal by-laws or any other applicable laws, by-laws, codes or requirements. All costs incurred with respect to such approval shall be at the expense of the Tenant. Any changes, additions and/or improvements affecting the Building's electrical, mechanical and/or structural components shall only be performed by contractors selected by the Landlord (the "Landlord's consent Contractors"). A list of the Landlord's Contractors is sought. Any such improvements, alterations, additions, changes, replacements available upon request;
(d) equal or installations will exceed the then current standard for the Building;
(e) be performed carried out in a good and workmanlike manner and, subject to Subsection 7.04(c), only by Persons selected by the Tenant and approved in accordance writing by the Landlord who shall, if required by the Landlord, deliver to the Landlord before commencement of the work, performance and payment bonds as well as proof of workers' compensation and public liability and property damage insurance coverage, with the approved plans Landlord and specifications the Landlord's agent and nominee (if any) named as additional insureds, in amounts, with companies and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed a form reasonably satisfactory to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not remain in effect during the entire period in which the work will be unreasonably withheldcarried out; and
(f) be made only after the Tenant has provided to the Landlord evidence of all requisite permits and licences and any other information reasonably required by the Landlord, Upon completion of such change, addition or improvement, the Tenant shall provide to the Landlord as-built drawings and/or a CAD disk of same in a format useable by the Landlord, together with evidence satisfactory to the Landlord of a final inspection of such change, addition or improvement (including inspection of mechanical and electrical systems where applicable) by the authority which issued the permit or licence for same.
Appears in 1 contract
Samples: Sublease Agreement (Strategy International Insurance Group Inc)
Alterations by Tenant. All additions, alterations, improvements and fixtures (except Tenant's movable trade fixtures and signage) in or upon the Premises, whether placed there by Tenant or by Landlord, shall become Landlord's property and shall remain upon the Premises at the termination of this Lease by lapse of time, or otherwise, without compensation or allowance or credit to Tenant. After the Commencement Date, Tenant shall not make or cause to be made any improvements, alterations, additions, changes, replacements alterations or installations improvements to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not costing more than $25,000 150,000.00 in the aggregate, without the prior written consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Even if Landlord's consent is not required, Tenant shall give Landlord prior written notice specifying any work to be done. If Landlord grants its consent, Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications for Landlord's prior written approval, obtaining necessary permits, obtaining insurance, prior approval of contractor (not to be unreasonably withheld) and reasonable requirements as to the manner and times in which such work shall be done. All work shall be performed in a good and workmanlike manner and shall be in accordance with plans and specifications, (approved by Landlord if approval is required by the above provisions) and shall be made in accordance with all applicable laws, ordinances, and codes. If any of such work may affect the structure of the Building or interfere with Building systems or operation, Landlord may require that such work be performed under Landlord's supervision (but at no additional cost to Tenant for such supervision). Notwithstanding the foregoing, upon expiration of the Term or earlier termination of the Lease, Tenant may remove all of its personal property, furniture and trade fixtures from the Premises, repair any damage caused to the Premises by such removal. Such repairs shall be done in a good and workman like manner consistent wixx xxx applicable laws, rules and regulations. Tenant shall make such alterations to the Premises to keep same in compliance with all applicable laws, rules and regulations, including, without limitation, the Americans With Disabilities Act. In the event that any governmental authority directs any modification or alteration to the Property as the result of Tenant's occupancy, Tenant shall pay for the cost of such modification or alteration.
Appears in 1 contract
Samples: Lease Agreement (Family Steak Houses of Florida Inc)
Alterations by Tenant. The Tenant shall not may from time to time at its own expense make changes, additions and improvements to the Leased Premises to better adapt the same to its business, provided that any change, addition or cause to improvement shall:
(a) comply with the requirements of the Landlord’s insurers and any governmental or municipal authority having jurisdiction;
(b) be made only if, prior to preparation of any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such and prior to commencement of any work in the Leased Premises, including, without limiting the generality of the foregoing, any demolition, construction or alterations, the Tenant has determined through testing at its own cost and expense what Pollutants, if any, are present in the Leased Premises and, if the Tenant fails to do so, the Tenant acknowledges and agrees that it shall indemnify and hold harmless the Landlord from and against any and all Claims growing or arising out of the Tenant’s failure to do so;
(c) be made only after detailed plans and specifications therefor have been submitted to the Landlord and received the prior written approval of the Landlord, all at the time Landlord's consent is sought. Any expense of the Tenant, and should the Landlord provide its written approval, such improvements, alterations, additions, approval shall not be deemed to mean that the proposed changes, replacements additions or installations will improvements comply with any existing or future municipal by-laws or any other applicable laws, by-laws, codes or requirements;
(d) equal or exceed the then current standard for the Building;
(e) be performed carried out in a good and workmanlike manner and, subject to Subsection 7.03 (c), only by Persons selected by the Tenant and approved in accordance writing by the Landlord who shall, if required by the Landlord, deliver to the Landlord before commencement of the work, performance and payment bonds as well as proof of workers’ compensation and public liability and property damage insurance coverage, with the approved plans Landlord and specifications the Landlord’s Agent and nominee (if any) named as additional insureds, in amounts, with companies and in compliance with all Requirements and a form reasonably satisfactory to the Landlord, which shall remain in effect during the entire period in which the work will be performed and completed by Tenant in an expeditious manner. The cost of such improvementscarried out;
(f) to the extent that they relate to the roof, alterations, additions, changes, replacements structure or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part systems of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to Building, be done by the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply the Tenant’s contractors with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent prior approval of the Landlord, at the expense of the Tenant;
(g) not require the Landlord to do any work or incur any expense except as the Landlord may approve; and
(h) be made only after the Tenant has provided to the Landlord evidence of all requisite permits and licences and any other information reasonably required by the Landlord. Upon completion of such change, addition or improvement, the Tenant shall provide to the Landlord as-built drawings and/or a CAD disk of same in a format useable by the Landlord, together with evidence satisfactory to the Landlord of a final inspection of such change, addition or improvement (including inspection of mechanical and electrical systems where applicable) by the authority which consent issued the permit or licence for same. The applicable provisions of Schedule D shall not be unreasonably withheldgovern any work performed by the Tenant pursuant to this Section 7.03, mutatis mutandis.
Appears in 1 contract
Alterations by Tenant. Tenant may from time to time at its own expense install Leasehold Improvements and alter existing Leasehold Improvements (the "Tenant's Work") provided that:
(a) the Tenant's Work shall not commence without the prior written approval of Landlord;
(b) Tenant shall not make or cause have furnished Landlord with two (2) complete sets of professionally prepared working drawings (which shall include any architectural, structural, electrical, mechanical, computer system wiring and telecommunication plans) of the proposed Tenant's Work. Landlord requires that Tenant retain Landlord's base building mechanical, electrical and structural engineering consultants to be made any improvementsensure compatibility of base building systems and the Tenant's Work. If Tenant uses other consultants for the preparation of Tenant's working drawings, alterationsthen Landlord may elect to retain architects and engineers to review such working drawings for the purpose of approving the proposed Tenant's Work (it being understood that notwithstanding such approval, additions, changes, replacements or installations Landlord shall have no responsibility with respect to the Demised Premises, or make any cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment adequacy of the Demised Premises, without on each occasion first obtaining the consent of Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insuredworking drawings). Tenant shall submit pay on demand to Landlord all costs reasonably incurred for the examination of such drawings by either Landlord or an outside consultant plus an amount equal to ten percent (10%) of such costs for overhead;
(c) prior to commencement of the Tenant's Work, Landlord shall have approved, acting as would a reasonable and prudent landlord, the contractors and subcontractors and their respective labour affiliations;
(d) Tenant shall have provided prior to the commencement of the Tenant's Work, performance and payment bonds as well as proof of workers compensation, all risks, builders' risk, and contractors' public liability and property damage insurance coverage, with Landlord and any mortgagee, as required by Landlord to be named as additional insureds, in amounts with insurers, and in form reasonably satisfactory to Landlord, which shall remain in effect during the entire period in which the Tenant's Work will be carried out;
(e) Tenant will deliver a complete list identifying every contractor and sub-contractor, accompanied by an up-to-date valid clearance certificate for each of them issued by the appropriate worker compensation, safety and insurance authority and Tenant will not use any contractor or permit the use of any sub contractor that is not identified on the list;
(f) Tenant acknowledges that certain Tenant's Work may require modification and interfacing with the base building and its systems and structure. If any proposed Tenant's Work could affect the structure, the exterior walls or the systems of the Building, Landlord may require that any such Tenant's Work be performed by either Landlord or its contractors in which case Tenant shall pay all Landlord's costs, reasonably incurred in connection therewith, plus ten percent (10%) thereof for overhead;
(g) Tenant shall have provided to Landlord a copy of the contract for the Tenant's Work and evidence satisfactory to Landlord, acting as would a reasonable and prudent landlord, as to the existence of all necessary permits;
(h) Tenant shall perform the Tenant's Work or cause the Tenant's Work to be performed: (i) in accordance with any construction methods and procedures manual for the Building; (ii) in accordance with the plans and specifications for such work at the time submitted to and approved by Landlord's consent is sought. Any such improvements, alterationsacting as would a reasonable and prudent landlord; (iii) in accordance with any conditions, additionsregulations, changesprocedures or rules imposed by Landlord, replacements or installations will be performed acting as would a reasonable and prudent landlord; (iv) in compliance with all applicable laws (including occupational health and safety, and workplace hazardous materials information system requirements and legislation); and (v) in a good and workmanlike and expeditious manner in accordance with using new materials;
(i) Landlord may inspect construction as it proceeds (the approved plans and specifications and in compliance with all Requirements and shall be performed and onus being on Tenant to advise Landlord whenever any phase has been completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times an inspection can be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part made);
(j) upon completion of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work's Work, which consent shall not be unreasonably withheld or delayed. Tenant shall have provide Landlord with a complete set of "as built" drawings for the right Tenant's Work; and
(k) if Tenant fails to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent observe any of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 includingthis Article, but Landlord, acting as would a reasonable and prudent landlord, may require that construction stop and that the Premises be restored to their prior condition failing which Landlord may do so and Tenant shall pay Landlord's cost plus fifteen percent (15%) thereof for overhead. Any increase in Operating Costs or Taxes attributable to such Tenant's Work shall be borne by Tenant. Notwithstanding the foregoing, Tenant shall not limited torequire Landlord's prior written approval with respect to any Tenant's Work the aggregate cost of which is reasonably anticipated not to exceed Five Thousand Dollars ($5,000), the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or Tenant's Work will not affect the facadestructure, mechanical, electrical exterior walls or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space systems of the Demised PremisesBuilding (such exempted Tenant's Work being herein called the "Exempted Work"). All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent It is further agreed that Tenant shall not be unreasonably withheldrequired to comply with subsection 7.03(b) or to provide performance and payment bonds with respect to the Exempted Work.
Appears in 1 contract
Samples: Lease of Office Space (Corel Corp)
Alterations by Tenant. Tenant shall not make or cause to be made any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 includingmake no alterations, but not limited todecorations, the carrying of insurance as provided installations, additions or improvements in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the Premises without first obtaining the written consent of the Landlord, Landlord which consent shall not be unreasonably withheld. Tenant understands that Landlord's consent will be conditioned on Tenant's compliance with Landlord's requirements as in effect at the time permission is requested, which requirements will include, but not be limited to Landlord's approval of plans, specifications, contractors, insurance, and hours of construction. Tenant will be required to pay Landlord a reasonable fee for supervising Tenant's contractor and for landlord's related costs, such as, but not limited to, trash removal, utilities and elevator operators. Prior to the commencement of any work in or to the Premises by Tenant's contractor, Tenant shall on request deliver to Landlord certificates issued by applicable insurance companies evidencing that workmen's compensation and public liability insurance and property damage insurance, all in amounts and with companies, and on forms satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. Each such certificate shall provide that it may not be cancelled without ten days' prior written notice to Landlord.
(b) All articles of personal property, and all movable business and trade fixtures, machinery and equipment, cabinetwork, furniture and movable partitions owned or installed by Tenant at its expense in the Premises (and with respect to which no credit or allowance was granted to Tenant by Landlord) shall remain the property of Tenant and may be removed by Tenant at any time, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by such removal. All alterations, decorations, installations, additions or improvements in or to the Premises other than those specified in the first sentence of this Section 12(b) shall, upon the completion thereof, become the Property of Landlord and shall be surrendered to Landlord upon the expiration or other termination of the Term of this Lease. Landlord may elect to require Tenant to remove all or any part of the Property described in the first sentence of this Section 12(b) at the expiration or other termination of the Term of this Lease, in which event such removal shall be done at Tenant's expense, and Tenant shall, at its expense, repair any damage to the Building or Premises caused by such removal.
(c) Subject to the provisions of Section 11 of this Lease. Tenant shall be solely responsible for the consequences of Tenant's repairs and alterations on the Building's structure and on the operation of Building systems, such as heating, air conditioning, ventilating, electrical and plumbing, whether or not Tenant had received Landlord's consent to such repairs or alterations pursuant to this Section 12.
Appears in 1 contract
Alterations by Tenant. The Tenant shall not may from time to time at its own expense make changes, additions and improvements to the Leased Premises to better adapt the same to its business, provided that any change, addition or cause to improvement shall:
(a) comply with the requirements of the Landlord's insurers and any governmental or municipal authority having jurisdiction;
(b) be made only if, prior to preparation of any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such and prior to commencement of any work in the Leased Premises, including, without limiting the generality of the foregoing, any demolition, construction or alterations, the Tenant has determined through testing at its own cost and expense what Pollutants, if any, are present in the Leased Premises and, if the Tenant fails to do so, the Tenant acknowledges and agrees that it shall indemnify and hold harmless the Landlord from and against any and all Claims growing or arising out of the Tenant's failure to do so;
(c) be made only after detailed plans and specifications therefor have been submitted to the Landlord and received the prior written approval of the Landlord, all at the time expense of the Tenant, and should the Landlord provide its written approval, such approval shall not be deemed to mean that the proposed changes, additions or improvements comply with any existing or future municipal by-laws or any other applicable laws, by-laws, codes or MORGUARD February 2005 - Net Office, Multi-Tenant (General Application) requirements. All costs incurred with respect to such approval shall be at the expense of the Tenant. Any changes, additions and/or improvements affecting the Building's electrical, mechanical and/or structural components shall only be performed by contractors selected by the Landlord (the "Landlord's consent Contractors"). A list of the Landlord's Contractors is sought. Any such improvements, alterations, additions, changes, replacements available upon request;
(d) equal or installations will exceed the then current standard for the Building;
(e) be performed carried out in a good and workmanlike manner and, subject to Subsection 7.04(c), only by Persons selected by the Tenant and approved in accordance writing by the Landlord who shall, if required by the Landlord, deliver to the Landlord before commencement of the work, performance and payment bonds as well as proof of workers' compensation and public liability and property damage insurance coverage, with the approved plans Landlord and specifications the Landlord's Agent and nominee (if any) named as additional insureds, in amounts, with companies and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed a form reasonably satisfactory to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not remain in effect during the entire period in which the work will be unreasonably withheldcarried out; and
(f) be made only after the Tenant has provided to the Landlord evidence of all requisite permits and licenses and any other information reasonably required by the Landlord. Upon completion of such change, addition or improvement, the Tenant shall provide to the Landlord as-built drawings and/or a CAD disk of same in a format useable by the Landlord, together with evidence satisfactory to the Landlord of a final inspection of such change, addition or improvement (including inspection of mechanical and electrical systems where applicable) by the authority which issued the permit or license for same.
Appears in 1 contract
Alterations by Tenant. The Tenant shall not make or cause to be made any improvements, alterations, additions, changes, replacements or installations erect no signs (other than one at the driveway to the Demised Premises, or make any cuts in Building and on the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment facade of the Demised PremisesBuilding, without on each occasion first obtaining the consent of Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit subject to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part approval of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or Landlord with respect to the Demised Premises shall be approved by Landlord prior to the performance of any such work, location [which consent approval shall not be unreasonably withheld withheld, conditioned or delayed. Tenant ] and subject to any applicable ordinances related to signs as promulgated by the Town of Billerica) and shall have make no alterations, additions or improvements in or to any portion of the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 Premises without the Landlord's prior written consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent provisions of the Landlordthis Paragraph 12, which consent shall not be unreasonably withheld, conditioned or delayed. In connection therewith, the Landlord shall have ten days, from receipt of written notice from the Tenant detailing the proposed alterations, to approve or reject the same. The Landlord shall be deemed to have given his approval to any proposed alterations unless he shall have objected to the same within the time set forth herein. As part of any request for such consent, the Tenant shall provide the Landlord with plans and specifications drawn in accordance with good engineering practice (only if it would be usual and appropriate to prepare plans and specifications given the nature and extent to the proposed alterations, additions or improvements), reasonable evidence of suitable insurance and, xxxx xxxxx or other suitable assurances of the Tenant's obligation and wherewithal to complete the same at no expense to the Landlord and without failure to pay any contractor engaged to do the work. The Landlord agrees that in the absence of a Terminable Default on the part of the Tenant hereunder, its consent shall not be required for interior, non- structural alterations to the Building from time to time constituting a part of the Premises if the same are consistent with the use of the Premises as contemplated hereby and do not affect the heating, ventilating and air conditioning and other engineering and mechanical systems in the Building. At the time Tenant requests Landlord's consent to any future alterations, installations, removals, additions or improvements, Landlord agrees it will only require Tenant to remove such alteration, installment, removal, addition or improvement at the end of the Lease Term provided the Landlord, in his sole discretion, determines such improvements will impair his ability to re-let the Premises to another tenant.
Appears in 1 contract
Samples: Lease (Avici Systems Inc)
Alterations by Tenant. The Tenant shall not erect no signs and shall make or cause to be made any improvements, no alterations, additionsadditions or improvements in or to any portion of the Premises or any portion of the Building or the Property without the Landlord’s prior written consent. No alterations, changesadditions or improvements shall be undertaken or begun by the Tenant until: (x) the Landlord has approved written plans and specifications that have been approved and stamped by a qualified licensed engineer or architect, replacements and a time schedule for such work, (y) the Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or installations to work, the Demised Premisesfiling of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or make any cuts in other appropriate protective measures approved by 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, and (z) the Tenant has procured appropriate surety payment and performance bonds. The Landlord agrees that its consent shall not be unreasonably withheld with respect to (i) signs requested by the Tenant, provided such signs shall comply, and at all times shall continue to comply, with all zoning, building and other codes and regulations applicable thereto, and (ii) interior, non-structural alterations, additions and improvements to the Premises consistent with the use of the Premises as contemplated hereby. Any such consents to signs and to interior, non-structural alterations, additions and improvements may, if the Landlord so advises the Tenant as part of or by notice at the time of any such consent is grantedconsent, be conditioned with specificity upon the Tenant’s being obligated to remove the same or specified portions thereof at the expiration or termination of this Lease and to restore the Premises to substantially its condition prior to such alterations, additions and improvements, as determined by the Landlord. Notwithstanding the foregoing, so long as the originally-named Tenant hereunder continues to occupy at least fifty percent (50%) of the rentable square footage of the Premises, the Tenant may install signs with the Tenant’s corporate name and/or logo on the Building and the Property in the exact locations of the existing signage for the tenant that occupied the Premises immediately prior to the Tenant, provided that: (1) the Tenant shall carry obtain the Landlord’s written approval as to the size, shape and appearance of such worker's compensation signs, and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord the plans and specifications for such work at relating to the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost installation of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such worksigns, which consent approval shall not be unreasonably withheld or delayed. , (2) the Tenant shall have install such signs at its sole cost and expense, (3) the right Tenant shall, at its sole cost and expense, obtain all approvals, licenses, permits and consents from governmental authorities with jurisdiction over such signs, (4) the Tenant shall cause the installation of such signs to make nonstructural alterations or additions costingbe done in a good and workmanlike manner and in accordance with all applicable laws, in and the aggregate provisions of all applicable insurance policies, (5) during the Term, not more than $25,000 without the consent of LandlordTenant shall, provided at its sole cost and expense, maintain all such signs in good condition and in compliance with all applicable laws, and (a6) the Tenant shall otherwise comply with shall, at its sole cost and expense, remove such signs on or before the requirements of Section 7.01 includingdate on which the Term expires or is earlier terminated, but not limited to, and restore the carrying of insurance as provided in said Section Building and the submission Property to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be condition in which it was prior to the installation of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldsigns.
Appears in 1 contract
Alterations by Tenant. (a) Tenant shall agrees with Landlord not to make or cause allow to be made any improvementsTenant Improvements (as hereinafter defined), alterations, additions, changes, replacements install any coin or installations to the Demised Premisestoken operated vending machine or similar device, or make any cuts in the wallsplace signs, ceilingsfurnishings, roofsequipment, or floors thereof, or change the exterior color or architectural treatment any window coverings on any part of the Demised Premises which are visible from outside the Premises, without on each occasion first obtaining the written consent of LandlordLandlord in each such instance, and if which consent may be given on such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance conditions as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is soughtelect. Any such improvements, alterations, additions, changes, replacements and all alterations or installations will be performed in a good and workmanlike manner in accordance with improvements to the approved plans and specifications and in compliance with all Requirements and shall be performed and completed Premises by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant (including those made pursuant to the provisions of Exhibit "D") (collectively, the "Tenant Improvements," but excluding movable equipment, personal property or anyone holding furniture owned by Tenant) shall become the property of Landlord upon termination of this Lease. Landlord may, nonetheless, require Tenant to remove any part portion of or all of the Demised Tenant Improvements, and restore the Premises through to its original condition as a condition to its consent. In the event that Landlord so elects, and Tenant fails to remove the Tenant Improvements, Landlord may remove the Tenant Improvements at Tenant's cost,and Tenant shall pay Landlord on demand all costs incurred in removing Tenant Improvements and restoration of the Premises as required.
(b) Whether or under not Landlord grants its consent to Tenant. All contractors 's proposed alterations or improvements, all alterations and subcontractors performing work in improvements shall nevertheless be conditioned upon Tenant: (i) acquiring all applicable governmental permits; (ii) furnishing Landlord with copies of any permits, if required, and the plans and specifications prior to commencement of the work; (iii) Tenant reimbursing Landlord within 10 days of Tenant's receipt of a bxxx or to the Demised Premises shall be approved estimate therefor for all reasonable costs and expenses incurred by Landlord prior to in connection with the performance review and inspection of any such work, alterations improvements and/or additions for which consent shall not may be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costingrequired, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, architect's and engineer's fees and costs, it being agreed that the carrying foregoing shall be limited to alterations which shall require Landlord's consent; and (iv) complying with all conditions of insurance as provided any permits and with other Legal Requirements and all provisions of this Lease applicable to Tenant Improvements in said Section a prompt and the submission expeditious manner.
(c) Whether or not Landlord grants its consent to Landlord Tenant's proposed alterations or improvements: (i) all alterations, improvements and additions installed by Tenant shall be installed in a good workmanlike and lien free manner and in a manner that minimizes inconvenience to and disruption of the other occupants of the Complex (including, but not limited to the Building) and their businesses, shall be performed by a contractor approved by Landlord (which approval shall not unreasonably be withheld), shall be of a quality not less than Building Grade and, once commenced, shall be prosecuted continuously, in good faith and with due diligence until completed; and (ii) Tenant shall promptly upon completion of any alterations or improvements furnish Landlord with as-built plans and specifications for such regardless of whether or not consent was required.
(d) In the event that Landlord reasonably determines that any alterations or additions and (b) such alterations improvements by Tenant would disrupt the other tenants in the Complex, Landlord may require that all work performed by or additions shall, when completed, on behalf of Tenant be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldperformed only outside of-Normal Business Hours.
Appears in 1 contract
Alterations by Tenant. Tenant shall not may from time to time at its own expense make changes, additions and improvements to the Premises (individually or cause collectively referred to as "Alterations") to better adapt the same to its business, provided that any such Alterations:
(a) will comply with all applicable Laws and Tenant will provide Landlord with permits evidencing same; (b) will be made any improvements, alterations, additions, changes, replacements or installations to only with the Demised Premises, or make any 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 prior written consent of Landlord, which consent will not be unreasonably withheld; (c) will equal or exceed Building standard (d) will be carried out only by persons selected by Tenant and approved in writing by Landlord, who will if required by Landlord deliver to Landlord before commencement of the work performance and payment bonds; (e) do not exceed or adversely affect the capacity, maintenance, operating cost or integrity of the Building's structure or any of its heating, ventilating, air conditioning, plumbing, mechanical, electrical, communications or other systems; (f) is approved by the holder of any Encumbrance if so required by the terms of said Encumbrance; (g) does not violate any agreement which affects the Building or binds Landlord of which Tenant is given notice; (h) does not alter the exterior of the Building in any way. Tenant will maintain, or will cause the persons performing any such consent is grantedwork to maintain, Tenant shall carry such worker's compensation and general liability insurance and such other public liability and property damage insurance as (with Landlord may require, naming Landlord named as an additional insured), in amounts, with companies and in a form reasonably satisfactory to Landlord, which insurance will remain in effect during the entire period in which the work will be carried out. If requested by Landlord, Tenant will deliver to Landlord proof of all such insurance. Tenant shall submit to Landlord plans and specifications for will promptly pay, when due, the cost of all such work at and, upon completion, Tenant will deliver to Landlord, to the time extent not previously received by Landlord's consent is sought. Any such improvements, alterationsevidence of payment, additions, changes, replacements or installations will be performed in a good contractors' affidavits and workmanlike manner in accordance with the approved plans full and specifications and in compliance with final waivers of all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed materials. Tenant shall pay the Construction Administration Fee on all Alterations. Tenant will also pay any increase in property taxes on, or fire or casualty insurance premiums for, the Building attributable to have been performed or furnished for or on behalf such Alterations and the cost of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or modifications to the Demised Building outside the Premises shall that are required to be approved by Landlord prior made in order to make the Alterations to the performance Premises. Tenant, at its expense, will have promptly prepared and submitted to Landlord reproducible as-built CAD plans of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised PremisesAlterations upon their completion. All other proposed additions and alterations shall be permanent Alterations to the Premises, made or paid for by Landlord or Tenant will, without compensation to Tenant, become Landlord's property upon installation, subject to the consent of the Landlord, which consent shall not be unreasonably withheld.Section 3.4
Appears in 1 contract
Alterations by Tenant. Tenant shall not make no alterations or cause to be made additions of any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work kind in or to the Demised Premises shall without first obtaining Landlord's prior written consent. Such consent may be approved granted or withheld in Landlord's sole discretion; provided, however, Landlord agrees it will not unreasonably withhold its consent to cosmetic or non-structural alterations or additions which do not involve structure, walls, floors, Building systems, electrical installations or the obtaining of building permits or otherwise result directly or indirectly in Landlord incurring any costs not paid by Tenant in full. Except as may otherwise be agreed by Landlord prior to in writing at the performance time of any granting its consent, all such work, which consent including additions, fixtures, and Tenant Improvements (but excluding moveable office furniture and equipment and other personal property of Tenant) made or placed in or upon the Premises by either Tenant or Landlord shall not be unreasonably withheld and become the Landlord's property at the termination of this Lease by lapse of time or delayedotherwise, all without compensation or payment to Tenant. Approved alterations or additions made by Tenant shall be at the sole expense and liability of Tenant, and Tenant's indemnity in Subsection 7.3(d) hereof shall apply to any contractors engaged by Tenant in connection therewith. Landlord shall have the right to take depreciation with respect to the Tenant Improvements to the extent of the Landlord's Allowance and Tenant shall have the right to make nonstructural alterations or additions costing, take depreciation with respect to Tenant Improvements to the extent that it contributes towards the cost of Tenant Improvements in the aggregate during the Term, not more than $25,000 without the consent excess of Landlord, provided (a) Tenant shall otherwise comply with 's Allowance. If at the requirements time of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord Landlord's approval of the plans and specifications for such alterations or additions and (bany tenant improvements to the Premises after the initial Tenant Improvements are completed pursuant to Section 4.1(b) such alterations or additions shallof this Lease, when completedTenant requests in writing that Landlord designate which, be if any, of such a character which tenant improvements Landlord will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject require Tenant to remove at Tenant's expense prior to the consent expiration or earlier termination of the Landlordthis Lease, which consent Tenant shall not be unreasonably withheldobligated to remove any of such tenant improvements from the Premises, except to the extent such removal is required in writing at the time of Landlord's approval of such plans in response to such request from Tenant.
Appears in 1 contract
Samples: Office Lease (Earthlink Inc)
Alterations by Tenant. The Tenant shall not make or cause to be made any improvements, alterations, additions, changes, replacements or installations erect no signs (other than one at the driveway to the Demised Premises, or make any cuts in Building and on the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment facade of the Demised PremisesBuilding, without on each occasion first obtaining the consent of Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit subject to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part approval of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, [which consent approval shall not be unreasonably withheld withheld, conditioned or delayed. Tenant ] and subject to any applicable ordinances related to signs as promulgated by either the towns of Billerica or Tewksbury) and shall have make no alterations, additions or improvements in or to any portion of the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 Premises without the Landlord's prior written consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent provisions of the Landlordthis Paragraph 12, which consent shall not be unreasonably withheld, conditioned or delayed. In connection therewith, the Landlord shall have ten days, from receipt of written notice from the Tenant detailing the proposed alterations, to approve or reject the same. The Landlord shall be deemed to have given his approval to any proposed alterations unless he shall have objected to the same within the time set forth herein. As part of any request for such consent, the Tenant shall provide the Landlord with plans and specifications drawn in accordance with good engineering practice (only if it would be usual and appropriate to prepare plans and specifications given the nature and extent to the proposed alterations, additions or improvements), reasonable evidence of suitable insurance and, xxxx xxxxx or other suitable assurances of the Tenant's obligation and wherewithal to complete the same at no expense to the Landlord and without failure to pay any contractor engaged to do the work. The Landlord agrees that in the absence of a Terminable Default on the part of the Tenant hereunder, its consent shall not be required for interior, non-structural alterations to the Building from time to time constituting a part of the Premises if the same are consistent with the use of the Premises as contemplated hereby and with the heating, ventilating and air conditioning and other engineering and mechanical systems in the Building. At the time Tenant requests Landlord's consent to any future alterations, installations, removals, additions or improvements, Landlord agrees it will only require Tenant to remove such alteration, installment, removal, addition or improvement at the end of the Lease Term provided the Landlord, in his sole discretion, determines such improvements will impair his ability to re-let the Premises to another tenant.
Appears in 1 contract
Alterations by Tenant. (a) The Tenant shall not make or cause to be made any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any cuts alterations 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the written consent of the Landlord, which consent shall will not be unreasonably withheld. All alterations shall be done in accordance with the Landlord's requirements for such construction which shall be provided to the Tenant with the Landlord’s consent.
(b) All installations, alterations, partitions and repairs performed or required to be performed by the Tenant pursuant to any of the provisions of this Lease, may be performed by contractors, subject to the prior written approval of the contractor by the Landlord and only under written contract conditions which the Landlord may impose. The Landlord may at its option require the Landlord's contractors be engaged for any structural, mechanical or electrical work. Without limiting the generality of the foregoing, any work performed by or for the Tenant shall be performed by competent workmen whose labour union affiliates are not incompatible with those of the Landlord, its contractors or subcontractors.
(c) The Landlord shall be entitled to supervise any construction or work on the Premises. The Tenant shall pay to the Landlord an administration, management and supervision fee equal to 5% of the full contract price for all approvals, supervision, and attendance as deemed necessary by the Landlord at meetings. Full contract price means the cost to the Tenant for all items except drapery and free-standing furniture, trade fixtures and equipment not in any way connected to the Premises or to any utility systems located therein.
(d) The Tenant shall provide security acceptable to the Landlord to guarantee the payment in full for renovations undertaken by or on behalf of the Tenant.
(e) In any event, any builder's lien or other liens and encumbrances filed against the Premises or the Project for work claimed to have been done or materials claimed to have been furnished to the Tenant, shall not be discharged by the Tenant within 10 days, thereafter and at the Tenant's expense, the Tenant shall provide alternate security acceptable to the Landlord for all monies necessary to obtain a discharge of the lien. Should any action, suit or proceeding be brought with respect to any such lien or encumbrance, the Tenant shall pay to the Landlord upon demand all cost or expenses incurred by the Landlord with respect to such action, and pay any damages and satisfy and discharge any judgment entered against the Landlord.
(f) If the Tenant permits any such lien registration or fails to cause any such registration to be discharged, in addition to any other rights of the Landlord, the Landlord may, after 5 days’ notice to the Tenant, but shall not be obliged to, discharge or vacate the same by paying the amount claimed to be due together with any other amounts into Court, and the amounts so paid and all costs incurred by the Landlord, including legal fees and disbursements, shall be deemed to be Rent and shall be paid by the Tenant to the Landlord immediately upon demand together with reasonable compensation to the Landlord for administration in respect thereof.
Appears in 1 contract
Alterations by Tenant. Tenant (a) Improvements to the Premises shall not make be installed at Tenant’s expense only in accordance with plans and specifications which have been previously submitted to and, to the extent required below, approved in writing by Landlord. Except for Cosmetic Changes (as defined below), no changes, alterations or cause to additions shall be made any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any cuts in Property by Tenant without 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 prior approval of Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent approval shall not be unreasonably withheld, delayed or conditioned by Landlord, if said prior approval is required. Landlord shall respond to any request from Tenant to approve any proposed improvements to the Premises within ten (10) Business Days following Tenant’s request for such approval (which request shall be accompanied by the plans, specifications and other materials to be provided by Tenant to Landlord pursuant to this Section 6.4 with respect to any proposed alterations or improvements). If Landlord fails to respond to Tenant’s request within such ten (10) Business Day period, then Tenant may provide a second request to Landlord for Landlord’s approval that conspicuously states to the effect that, IF LANDLORD DOES NOT MAIL LANDLORD’S APPROVAL OR DISAPPROVAL OF THE REQUESTED IMPROVEMENTS WITHIN 5 BUSINESS DAYS AFTER LANDLORD RECEIVES THIS SECOND REQUEST FOR APPROVAL, LANDLORD’S APPROVAL OF THE IMPROVEMENTS WILL BE DEEMED GIVEN, and if Landlord fails to notify Tenant that it approves or disapproves the requested improvements within five (5) Business Days after submission of such second request for approval, then Landlord shall be deemed to have approved such improvements. Landlord and Tenant shall cooperate with each other to develop and maintain a list (the “Approved Vendor List”) of the contractors and subcontractors that are pre-approved to be utilized by Tenant for construction work at the Property, which approval shall not be unreasonably withheld, conditioned or delayed. The Approved Vendor List shall not be an exclusive list, and Tenant may use contractors and subcontractors not appearing on such list as long as such additional contractors and/or subcontractors are approved in advance by Landlord. The Approved Vendor List shall be subject to change from time to time by Landlord upon no less than ten (10) days’ written notice to Tenant; provided, however, that Tenant shall not be required to alter any contracts that it has in place for construction work in progress at the Property if the contractor or subcontractor then performing such work is removed from the Approved Vendor List unless such removal by Landlord was for “cause” due to the acts or omissions of such contractor or subcontractor in violation of this Lease.
(b) As used herein, “Cosmetic Changes” shall mean any changes, alterations or additions that (i) cost less than two hundred thousand dollars ($200,000.00) in any single instance or series of related alterations performed within a consecutive six-month period (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a means to subvert this provision), (ii) do not adversely affect (in the reasonable discretion of Landlord) (A) the Building’s Structure or the Building’s Systems (including the Property’s restrooms or mechanical rooms), or (B) the (1) exterior appearance of the Property, (2) appearance of the Common Areas or elevator lobby areas, or (3) provision of services to other occupants of the Property, and (iii) the installation thereof does not involve any core drilling or the configuration or location of any exterior or interior walls of a Building. With respect to Cosmetic Changes, Tenant will deliver to Landlord written notice thereof, a list of contractors and subcontractors to perform the work (and certificates of insurance for each such party) and any plans and specifications therefor prior to commencing any such Cosmetic Changes (for informational purposes only and no consent is required by Landlord under the provisions of this Lease for approval of any plans and specifications covering Cosmetic Changes).
Appears in 1 contract
Alterations by Tenant. The Tenant shall not may from time to time at its own expense make changes, additions and improvements to the Leased Premises to better adapt the same to its business, provided that any change, addition or cause to improvement shall:
(a) comply with the requirements of the Landlord's insurers and any governmental or municipal authority having jurisdiction;
(b) be made any improvements, alterations, additions, changes, replacements or installations only after detailed plans and specifications therefor have been submitted to the Demised Premises, or make any cuts in Landlord arid received the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment prior written consent of the Demised Premises, without on each occasion first obtaining the consent of Landlord, and if such consent is granted, the Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at acknowledges that the time Landlord's consent is soughtdoes not mean that any alterations made by the Tenant to the Leased Premises pursuant to this Section 7.04, comply with any municipal by-laws or any other applicable laws, by-laws, codes or requirements. All costs incurred with respect to such approval shall be at the expense of the Tenant. Any such improvements, alterations, additions, changes, replacements or installations will additions and/or improvements affecting the Building's electrical, mechanical and/or structural components shall only be performed by contractors selected by the Landlord (the "Landlord's Contractors"). A list of the Landlord's Contractors is available upon request;
(c) equal or exceed the then current standard for the Building;
(d) be carried out in a good and workmanlike manner and only by Persons selected by the Tenant and approved in accordance writing by the Landlord who shall, if required by the Landlord, deliver to the Landlord before commencement of the work, performance and payment bonds as well as proof of workers' compensation and public liability and property damage insurance coverage, with the approved plans Landlord and specifications the Landlord's agent and nominee (if any) named as additional insureds, in amounts, with companies and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed a form reasonably satisfactory to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not remain in effect during the entire period in which the work will be unreasonably withheldcarried out; and
(e) be made only after the Tenant has provided to the Landlord evidence of all requisite permits and licences and any other information reasonably required by the Landlord. Upon completion of such change, addition or improvement, the Tenant shall provide to the Landlord as-built drawings and/or a CAD disk of same in a format useable by the Landlord, together with evidence satisfactory to the Landlord of a final inspection of such change, addition or improvement (including inspection of mechanical and electrical systems where applicable) by the authority which issued the permit or licence for same.
Appears in 1 contract
Samples: Lease Extension and Amending Agreement (Nevada Geothermal Power Inc)
Alterations by Tenant. Other than (i) alterations of a cosmetic --------------------- nature, including painting, carpeting, wall coverings or such other modifications of a similar nature and (ii) alterations resulting in a total cost to Tenant of $10,000.00 or less per event, Tenant shall not make make, install or cause to be made any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work erect in or to the Demised Premises any installations, alterations, modifications, additions or partitions without obtaining a building permit therefor, if applicable, and without submitting the drawings and specifications to Landlord and obtaining Landlord's prior written consent in each instance, which consent will not be unreasonably withheld or delayed (in no event shall Tenant be permitted to make any alterations to any building systems, structural, mechanical, electrical or otherwise, or to any portion of the Building or Building Complex other than within the Premises as shown in the Final Plans approved by Landlord prior pursuant to the performance of any such workWork Plan). Furthermore, Tenant shall obtain Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed, to any change or changes in such drawings or specifications submitted as aforesaid. Tenant shall pay the reasonable cost to Landlord of having its architects, engineers, or other consultants review such plans and changes thereto prior to proceeding with any work based on such drawings or specifications. All such work shall be performed in a good and workmanlike manner, free and clear of all mechanic's liens, and in compliance with the provisions of Article II hereof, and once commenced shall be diligently pursued through completion, and Landlord shall have no liability for the performance of such work, notwithstanding its consent to any plans and specifications. PROVIDED NEVERTHELESS that Landlord may, at its option, at Tenant's expense, require that Landlord's contractors be engaged for any mechanical or electrical work or other leasehold improvement affecting the base building systems for the Building Complex. Without limiting the generality of the foregoing, any work performed by or for Tenant shall be performed by competent workmen whose labor union affiliations are not incompatible with those of any workmen who may be employed in the Building Complex by Landlord, its contractors or subcontractors. In addition to the above all contractors and subcontractors must meet Landlord's specifications, as reasonably determined by Landlord, for minimum requirements for insurance, bonds, quality of work, experience and such other reasonably applicable factors. Tenant shall submit to Landlord's supervision over construction, shall, if the total cost for any such alteration will exceed S50,000, provide Landlord upon request with financial assurances prior to the commencement of such alteration, and promptly pay to Landlord's or Tenant's subcontractors, as the case may be, when due, the costs of all such work and of all materials, labor and services involved therein and of all decoration and all changes in the Building, its equipment or services necessitated thereby. Tenant covenants that Tenant will not suffer or permit during the Term hereof any mechanics' or other liens for work, labor, services or materials ordered by Tenant or for the cost of which Tenant may be in any way obligated, to attach to the Premises or to the Building Complex and that whenever and so often as any such liens shall attach or claims therefor shall be filed, Tenant shall, within thirty (30) days after Tenant has notice of the claim for lien, procure the discharge thereof by payment or by giving security or in such other manner as is or may be required or permitted by law or which shall otherwise satisfy Landlord and or Landlord's mortgagee. Tenant hereby indemnifies and saves Landlord harmless from and against any and all loss, liability, damage, penalty, cost expense or fee (including, without limitation, court costs and reasonable attorneys' fees) incurred by or asserted against Landlord as a result of the existence of any lien against the Building, Premises or the Property arising from any labor, materials or other claims against Tenant or work or materials ordered by or for Tenant. Tenant shall, at its own cost and expense, take out or cause to be taken out any additional insurance reasonably required by Landlord to protect Landlord's, the mortgagee's and Tenant's interest during the period of alteration, to the extent commercially reasonable.. At least five (5) days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of the Colorado Revised Statutes (1973). During any such work on the Premises, Landlord, or its representatives, shall have the right to make nonstructural alterations go upon and inspect the Promises at all reasonable times, and shall have the right to post and keep posted thereon notices such as those provided for by Section 38-22-105(2) C.R.S. (1973) or additions costing, to take any further commercially reasonable action which Landlord may deem to be proper for the protection of Landlord's interest in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheld.
Appears in 1 contract
Samples: Office Lease (Sm&a Corp)
Alterations by Tenant. Tenant shall not make or cause to be made any improvements, alterations, additions, changes, replacements improvements or installations to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work changes in or to the Demised Premises shall be approved by Landlord prior (the “Alterations”), other than the installation of typical office decorations, furniture and furnishings which are not affixed to the performance of any realty, without Landlord’s prior written consent (such workconsent not to be unreasonably withheld, which conditioned or delayed). Landlord’s consent shall not be unreasonably withheld required for any Alteration that satisfies all of the following criteria: (1) is not visible from the exterior of the Premises or delayedBuilding; (2) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting, or costs less than $50,000 for any one project; (3) does not require work to be performed inside the demising walls or above the ceiling of the Premises; and (4) Tenant secures Lien Waivers (as defined below) with respect to such Alterations. If any proposed Alterations will adversely affect the exterior or structural components of the Building, or the Building Systems, Landlord may withhold its consent to such Alterations in Landlord’s sole discretion. Without limitation, it shall not be unreasonable for Landlord to withhold its consent to any Alterations which would impose on Landlord any special maintenance, repair or replacement obligations not within the scope of those expressly provided for herein, unless Tenant agrees, at the time of its request for approval or notice of such Alterations, to pay all costs associated with Landlord’s meeting the additional obligations. Landlord agrees to respond to any request by Tenant for approval of Alterations for which approval is required hereunder within ten (10) business days after delivery of Tenant’s written request; Landlord’s response shall be in writing and, if Landlord withholds its consent to any Alterations, Landlord shall specify in reasonable detail in Landlord’s notice of disapproval, the basis for such disapproval, and the changes to Tenant’s plans which would be required in order to obtain Landlord’s approval. If Landlord fails to notify Tenant of Landlord’s approval or disapproval within such ten (10) business day period, Tenant shall have the right to make nonstructural alterations or additions costingprovide Landlord with a second written request for approval (a “Second Request”) that specifically identifies the applicable plans and contains the following statement in bold and capital letters: “THIS IS A SECOND REQUEST FOR APPROVAL PURSUANT TO THE PROVISIONS OF SECTION 10.1 OF THE LEASE. IF LANDLORD FAILS TO RESPOND “WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE WORK DESCRIBED HEREIN.” If Landlord fails to respond to such Second Request within five (5) business days after receipt by Landlord, the work in the aggregate during the Term, not more than $25,000 without the consent question shall be deemed approved by Landlord. If Landlord timely delivers to Tenant notice of Landlord’s disapproval, provided Tenant may revise Tenant’s plans to incorporate the changes suggested by Landlord in Landlord’s notice of disapproval, and resubmit such plans to Landlord; in such event, the scope of Landlord’s review of such plans shall be limited to Tenant’s correction of the items in which Landlord had previously objected in writing. Landlord’s review and approval (aor deemed approval) of such revised plans shall be governed by the provisions set forth above in this Section 10.1). The procedure set out above for approval of Tenant’s plans will also apply to any change, addition or amendment to Tenant’s plans. Subject to Section 10.5 below, prior to the expiration or earlier termination of this Lease, and without additional notice to Tenant by Landlord, Tenant shall otherwise comply with remove any such Alterations and repair any damage to the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center Building occasioned by their installation or which would not reduce removal so as to restore the Floor Space of Premises to substantially the Demised Premisessame condition as existed prior to the time when any such Alterations were made. All other proposed additions and alterations Alterations shall be subject to the consent provisions of the LandlordSections 10.2, which consent shall not be unreasonably withheld10.3 and 10.4 below.
Appears in 1 contract
Samples: Sublease (Solid Biosciences Inc.)
Alterations by Tenant. (a) The Tenant shall not make not, without the prior consent of the Landlord, make, erect, alter or cause to be made install any improvements, alterations, additions, changes, replacements Leasehold Improvements or other alterations or installations to the Demised PremisesPremises (the "Work").
(b) If the Tenant wishes to do any Work, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications apply for such work at the time Landlord's consent is sought. Any and furnish such improvementsplans, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and designs as shall be performed and completed by Tenant in an expeditious mannernecessary to fully describe the Work. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which Landlord's consent thereto shall not be unreasonably withheld or delayed; provided that, without limitation, any refusal to grant consent based on grounds that such Work is not in compliance with the Landlord's standard for the Building or that the Tenant has not posted security with the Landlord shall be conclusively deemed not to be an unreasonable withholding of consent.
(c) Subject to the Landlord's consent having been obtained and the Landlord's reasonable requirements (including the posting of reasonable security, if requested) being met, the Landlord recognizes the right of the Tenant to install such interior partitions and other Leasehold Improvements as are necessary or appropriate to its use and occupancy of the Premises.
(d) Any Work shall, if the Landlord so elects, be performed by employees or contractors who have been designated by the Landlord and who have contracted directly with the Tenant and agreed to carry out such Work in a good and workmanlike manner and at a cost to the Tenant which is not unreasonable when compared with the amounts which would be charged by reputable contractors performing the same work. In the absence of any such election by the Landlord, such Work may be performed by contractors retained by the Tenant pursuant to written contracts which have been approved by the Landlord (such approval not to be unreasonably withheld) and are subject to all reasonable conditions which the Landlord imposes. In either event, the Landlord shall have the right to make nonstructural alterations inspect such Work and require any Work not being properly done to be corrected, and to approve on a reasonable basis (which may include considerations involving trade union affiliations or additions costingthe lack of them and work jurisdiction, where in the aggregate during opinion of the TermLandlord there is a risk of labour disputes which might adversely affect the Landlord) the contractors, not more than $25,000 without tradesmen or the consent of Tenant's own employees (as the case may be) employed by the Tenant in connection therewith.
(e) The Tenant shall pay to the Landlord, provided (a) Tenant shall otherwise comply with within 10 days after the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent receipt of the Landlord's invoice, which consent the Landlord's reasonable out-of-pocket costs incurred in examining and approving the Tenant's plans, specifications and designs and in inspecting the Work and any additional expenses actually incurred by the Landlord in connection with such Work together with a coordination and supervision fee equal to 10% of the total cost to the Tenant of such Work (provided that the Landlord agrees that such fee shall not be unreasonably withheldpayable in respect of the initial Tenant's Work to be conducted prior to the Commencement Date, the parties acknowledging, however, that in respect of such Work the Tenant shall be required to pay the fee referred to in subsection 6(b) of Schedule "E").
(f) The Tenant agrees that it will, periodically throughout the Term including, without limitation, whenever any alterations are made to the Premises, balance the air movement in the Premises at the Tenant's expense and for this purpose use the air-balancer designated by the Landlord. The Landlord acknowledges that it will, as part of the Landlord's work contemplated by section 17.4, balance the air movement in the Premises at the commencement of the Term.
Appears in 1 contract
Samples: Lease (E Cruiter Com Inc)
Alterations by Tenant. Tenant shall will not make or cause to be made any improvements, alterations, additions, changes, replacements or installations to the Demised Premiseschange in, or make any cuts in addition to, the wallsPremises without first obtaining, 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 Landlordoccasion, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, writing as provided below (which consent shall not be unreasonably withheld or delayed. ), and then only at Tenant's expense, and in a lawful manner and upon such terms and conditions as Landlord, by such writing, shall reasonably approve, which shall include, without limitation, (a) maintenance of insurance in form and substance reasonably satisfactory to Landlord, and (b) compliance with Sections 7.9 and 7.11; provided, however, that Tenant shall have may, upon prior written notice to, but without the right to requirement of consent of, Landlord, make nonstructural (a) alterations or additions costingwhich (i) are non-structural, in (ii) do not penetrate or otherwise affect the aggregate during roof of the TermBuilding, (iii) do not materially adversely affect the systems of the Building, and (iv) are not reasonably anticipated to cost more than $25,000 without 25,000, either singly or in the consent aggregate, in any calendar year, and (b) alterations which are purely cosmetic in nature, such as paint, wallcovering, carpeting and the like, regardless of cost. Any alteration or addition shall be consistent in appearance with the rest of the Building and Landlord's Property and shall be made only after duly obtaining (and providing to Landlord copies of) all required permits and licenses from all governmental authorities. Tenant will deliver to Landlord in writing a schedule setting forth the details and location of all such proposed alterations or additions and detailed plans and specifications. The contractor(s) performing the work shall be subject to Landlord's approval, provided (a) which will not be unreasonably withheld. If required by Landlord's lender, tenant shall provide a statutory xxxx xxxx with respect to such work. All approved repairs, installations, alterations, additions or other improvements made by Tenant shall otherwise comply with be made in a good and workmanlike manner. Tenant Invitees shall be given such reasonable access to other portions of the requirements Building and the mechanical systems as may be necessary or appropriate to perform such work. Both during and after the performance of Section 7.01 any such work, Landlord shall have free access to any and all mechanical installations in the Premises, including, but not limited to, air conditioning, fans, ventilating systems, machine rooms and electrical closets; and Tenant agrees not to construct or permit the carrying installation of insurance as provided partitions and/or other obstructions in said Section the Premises which might interfere with Landlord's free access to the Premises or Building, or impede the free flow of air to and the submission to Landlord from air vents and other portions of the plans heating, ventilating and specifications for such alterations air conditioning systems in the Building. Unless Landlord elects otherwise or has agreed otherwise in writing prior to installation, all installations, alterations, additions or improvements in or to the Premises shall be the property of Landlord and (b) such alterations or additions shallshall remain upon, when completedand be surrendered with, be of such a character which will not reduce the value, rentability or usefulness Premises at the end of the Demised Premises Lease Term or will not affect the facade, mechanical, electrical or structural components sooner termination of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldthis Lease.
Appears in 1 contract
Alterations by Tenant. A. Tenant shall not make or cause to be made permit any improvements, alterations, additionsfixed decorations, changessubstitutions or modifications, replacements structural or installations otherwise ("Alterations"), to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises Building without the prior consent of Landlord (both as to whether any such alterations may be made at all and as to the manner in which they may be made) in each instance (which approval shall not be unreasonably withheld, conditioned or delayed). As used in this Section, the term "Alterations" includes, but is not limited to, the installation, modification or removal of carpeting; partitions; counters; doors; air conditioning equipment, including ductwork; plumbing; piping; lighting fixtures; electrical wiring of any kind, hardware; locks; ceilings;, windows; and window and wall coverings.
B. Alterations may be made only at Tenant's expense, by contractors or subcontractors approved by Landlord prior to the performance of any such workLandlord, which consent approval shall not be unreasonably withheld or delayed, and only after (i) Tenant has obtained all necessary permits from governmental authorities having jurisdiction and furnished copies of the permits to Landlord, (ii) Tenant has submitted complete plans and specifications to Landlord, and (iii) Landlord has given Tenant its approval as provided above. Tenant Landlord shall have the right to make nonstructural alterations have the making of any Alterations supervised by its architects, contractors, or additions costingworkmen at Tenant's expense. If any mechanic's, in materialman's or similar lien is filed against the aggregate during Premises, the TermBuilding, not more than $25,000 without or the consent of LandlordLand for work done or materials supplied to Tenant, provided or claimed to have been done for or supplied to Tenant, the lien shall be discharged by Tenant within ten (a10) days thereafter, solely at Tenant's expense, by paying off or bonding the lien, and Tenant shall otherwise comply with the requirements of Section 7.01 indemnify and hold Landlord harmless from any and all expenses, liens, claims, or damage to persons or property including, but not limited to, the carrying Building, that may arise from the making of insurance as provided in said Section and any Alterations. If any Alteration is made without the submission prior consent of Landlord, Landlord may correct or remove the Alteration at Tenant's expense. Following completion of the Alterations, Tenant shall deliver to Landlord a complete set of "as built" plans on electric media showing the Alterations, or shall reimburse Landlord for any expense incurred by Landlord in causing the Building plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, to be of such a character which will not reduce modified to reflect the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldAlterations.
Appears in 1 contract
Samples: Lease (MPC Corp)
Alterations by Tenant. A. Tenant shall not make or cause to be made any improvements, no alterations, additions, changes, replacements additions or installations improvements ("Alterations") in or to the Demised PremisesPremises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld for nonstructural interior alterations to the Premises that do not adversely affect the Building's appearance, value and structure. all alterations that Tenant is permitted to make to the Premises shall (1) not harm the structural or make any cuts in the wallselectrical, ceilingsplumbing, roofs, heating or floors thereof, or change the exterior color or architectural treatment air-conditioning facilities of the Demised Premises, without on each occasion first obtaining Premises or the consent Building; (2) comply with all applicable legal requirements including the American with Disabilities Act and other laws relating to the use of the Premises by persons with disabilities; (3) become the property of Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work be surrendered with the Premises at the time LandlordLease Expiration Date, to the extent that such alterations are of a permanent nature or cannot be removed without structural damage to the Premises or the Building; and (4) be performed, at Tenant's consent is sought. Any such improvementssole cost and expense, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner by contractors approved by Landlord, using materials of first-class quality.
B. Except as otherwise provided in accordance Section 12, all furniture, server racks, furnishings, and trade fixtures, installed by or at the expenses of Tenant ("Tenant's Special Installations") shall remain the property of Tenant. Prior to the installation of any of Tenant's Special Installations, Tenant shall provide Landlord with the approved plans a list of Tenant's Special Installations and specifications Landlord shall promptly notify Tenant of Tenant's Special Installations and in compliance with all Requirements and Tenant shall be obligated, at its Lease Expiration Date, provided that Tenant fully repairs any damage occasioned by such removal. Tenant shall repair any damage occasioned by Tenant's removal of such Tenant's Special Installations.
C. Tenant shall not permit any materialmen's or mechanic's liens to be filed against the Premises or the Building in connection with any item or construction or repair performed by or at the request of Tenant. If any such lien is filed, Tenant shall within thirty (30) days after notice, discharge the lien of record or, if Tenant elects to contest the lien by appropriate proceedings, bond off the lien and completed prosecute the proceedings. If Tenant fails to discharge or bond off the lien, Landlord may do so and any monies expended by landlord in doing so, including reasonable attorneys' fees and legal expenses, shall be reimbursed by Tenant in an expeditious mannerpromptly. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so Notice is hereby given that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld liable for any labor or delayed. materials furnished to Tenant upon credit, and that no mechanics or materialmen's lien for any such labor or materials shall have the right attach to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical reversion or structural components other estate or interest of either Landlord in and to the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldBuilding.
Appears in 1 contract
Samples: Lease Agreement (Yellow Brix Inc)
Alterations by Tenant. Tenant shall not may from time to time at its own expense make or cause to be made any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any cuts additions and improvements in the wallsPremises to better adapt the same to its business, ceilingsprovided that any such Tenant charge, roofsaddition or improvement shall:
(a) Be of equal quality to or exceed the then current standard for the Building;
(b) Be documented by adequate plans and specifications only as approved by Landlord in its sole discretion, or floors thereofand be performed in accordance with all governmental requirements including proper permitting;
(c) Be carried out only by persons selected by Tenant and approved in writing by Landlord, or change the exterior color or architectural treatment who shall, if required by Landlord, deliver to Landlord before commencement of the Demised Premiseswork performance and payment bonds as well as proof of worker's compensation, without on each occasion first obtaining the consent of public liability, property damage, auto and other insurance required by Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as with Landlord may require, naming Landlord named as an additional insured. Tenant , in amounts, with companies, and in the form reasonably satisfactory to Landlord, which insurance shall submit remain in effect during the entire period in which the work will be carried out; and
(d) Become the property of Landlord and be surrendered to Landlord plans and specifications for such work upon termination of the Lease, Landlord may, at its option, require Tenant to remove any physical additions and/or repair any alterations in order to restore the Premises to the condition existing at the time Tenant took possession, all costs of which shall be borne by Tenant regardless whether such removal and/or repair is undertaken by Tenant or Landlord, before or after the termination of this Lease.
(e) INVOLVE A CONSTRUCTION COORDINATION FEE TO LANDLORD OF 4% OF TOTAL CONSTRUCTION COSTS. Tenant covenants and agrees not to obtain any financing secured by Tenant's interest in the Premises and not to encumber the Premises or Landlord's or Tenant's interest therein, without the prior written consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good of Landlord; to keep the Premises free from all liens and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed encumbrances except those created by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All Landlord by obtaining proper lien waivers from contractors and subcontractors performing prior to payment for work performed and by posting the Premises for non-liability by Landlord. Any increase in property taxes on or fire or casualty insurance premiums for the Building attributable to such change, addition or improvement shall be borne by Tenant. Subsequent to the Demised Premises shall be approved by Landlord prior to the performance completion of any such workchange by Tenant, which consent Tenant at its sole cost and expense shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent provide Landlord with a complete set of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in as-built drawings reflecting said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldchanges.
Appears in 1 contract
Samples: Office Lease (V2K International Inc)
Alterations by Tenant. Tenant shall not make or cause to be made any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 includingmake no alterations, but not limited todecorations, the carrying of insurance as provided installations, additions or improvements in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the Premises without first obtaining the written consent of the Landlord, Landlord which consent shall not be unreasonably withheld. Tenant understands that Landlord’s consent will be conditioned on Tenant’s compliance with Landlord’s requirements as in effect at the time permission is requested, which requirements will include, but not be limited to Landlord’s approval of plans, specifications, contractors, insurance, and hours of construction. Tenant will be required to pay Landlord a reasonable fee for supervising Tenant’s contractor and for Landlord’s related costs, such as, but not limited to, trash removal, utilities and elevator operators. Prior to the commencement of any work in or to the Premises by Tenant’s contractor, Tenant shall on request deliver to Landlord certificates issued by applicable insurance companies evidencing that workmen’s compensation and public liability insurance and property damage insurance, all in amounts and with companies, and on forms satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. Each such certificate shall provide that it may not be cancelled without ten days’ prior written notice to Landlord.
(b) All articles of personal property, and all movable business and trade fixtures, machinery and equipment, cabinetwork, furniture and movable partitions owned or installed by Tenant at its expense in the Premises (and with respect to which no credit or allowance was granted to Tenant by Landlord) shall remain the property of Tenant and may be removed by Tenant at any time, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by such removal. All alterations, decorations, installations, additions or improvements in or to the Premises other than those specified in the first sentence of this Section 12(b) shall, upon the completion thereof, become the Property of Landlord and shall be surrendered to Landlord upon the expiration or other termination of the Term of this Lease. Landlord may elect to require Tenant to remove all or any part of the Property described in the first sentence of this Section 12(b) at the expiration or other termination of the Term of this Lease, in which event such removal shall be done at Tenant’s expense, and Tenant shall, at its expense, repair any damage to the Building or Premises caused by such removal.
(c) Subject to the provisions of Section 11 of this Lease, Tenant shall be solely responsible for the consequences of Tenant’s repairs and alterations on the Building’s structure and on the operation of Building systems, such as heating, air conditioning, ventilating, electrical and plumbing, whether or not Tenant had received Landlord’s consent to such repairs or alterations pursuant to this Section 12.
Appears in 1 contract
Alterations by Tenant. Tenant shall not may from time to time at its own expense make or cause to be made any improvements, alterationschanges, additions, changes, replacements or installations repairs and improvements to the Demised PremisesPremises (individually or collectively referred to as "Alterations") to better adapt the same to its business, or make provided that any cuts in and all such Alterations :
(a) will comply with all applicable Laws and Tenant will provide Landlord with permits evidencing same; (b) will be made only with 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 prior written consent of Landlord, and if such which consent is granted, will not be unreasonably withheld (Tenant shall carry such workerbe permitted to perform non-structural and non-Building systems Alterations that do not affect another tenant's compensation and general liability insurance premises without prior written permission, so long as Tenant notifies Landlord as to the identity of the vendor and such vendor is a licensed, union vendor; (c) will equal or exceed Building standard; (d) will be carried out only by persons selected by Tenant and approved in writing by Landlord, who will if required by Landlord deliver to Landlord before commencement of the Alterations performance and payment bonds; (e) do not affect the capacity, maintenance, operating cost or integrity of the Building's structure or any of its heating, ventilating, air conditioning, plumbing, mechanical, electrical, communications or other systems; (f) is approved by the holder of any Encumbrance if so required by the terms of said Encumbrance; (g) does not violate any agreement which affects the Building or binds Landlord; and (h) does not alter the exterior of the Building in any way. Tenant will maintain, or will cause the persons performing any such Alterations to maintain, workers' compensation insurance, completed operations coverage, builder's risk and public liability and property damage insurance as (with Landlord may require, naming Landlord named as an additional insured) in amounts, with co mpanies and in a form reasonably satisfactory to Landlord, which insurance will remain in effect during the entire period in which the Alterations will be carried out. Only union labor will be permitted to perform Alterations. If requested by Landlord, Tenant will deliver to Landlord proof of all such insurance. Tenant shall submit to Landlord plans and specifications for such work at will promptly pay, when due, the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of all such improvementsAlterations and, alterationsupon completion, additionsTenant will deliver to Landlord, changesto the extent not previously received by Landlord, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at evidence of payment, contractors' affidavits and full and final waivers of all times be free of liens for work, labor, services or materials claimed materials. Tenant will also pay any increase in Taxes on, or fire or casualty insurance premiums for, the Building attributable to have been performed or furnished for or on behalf such Alterations and the cost of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or modifications to the Demised Building outside the Premises shall that are required to be approved by Landlord prior made in order to make the Alterations to the performance Premises. Tenant, at its expense, will have promptly prepared and submitted to Landlord reproducible as-built CAD plans of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised PremisesAlterations upon their completion. All other proposed additions and alterations shall be subject Alterations to the consent of the LandlordPremises, which consent shall not be unreasonably withheld.whether temporary or permanent in character, made or paid for by Landlord or Tenant
Appears in 1 contract
Alterations by Tenant. Tenant shall not make or cause to be made any improvements, alterations, additions, changes, replacements or installations alterations to the Demised Premises, or make any cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, Premises without on each occasion first obtaining the consent of Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord ’s prior to the performance of any such workwritten consent, which consent shall not be unreasonably withheld or delayedas to non-structural alterations. Tenant shall have the right to make nonstructural alterations not need landlord’s consent for minor items such as painting, carpeting, flooring, shelving, etc. Any and all alterations, additions, or additions costingother improvements made by Tenant, in the aggregate during the Term, not more than $25,000 with or without the consent of Landlord, provided regardless of how attached (a) except movable trade fixtures), shall become immediately upon installation and thereafter remain the property of Landlord, without compensation therefore to Tenant, unless otherwise agreed in writing by Landlord; provided, however, Landlord shall have the right to require that Tenant, upon the termination or at the expiration of this lease, remove any or all such alterations, additions and improvements and restore the Premises to their original condition, normal wear and tear excepted, unless such right has been waived in writing by Landlord. Tenant shall otherwise comply be able to remove Tenant fixtures at the termination of this lease. Tenant shall provide Landlord with the requirements identities and mailing addresses of Section 7.01 includingall persons performing work or supplying materials, but not limited toprior to beginning such construction, and Landlord may post on and about the carrying Premises notices of non-responsibility pursuant to applicable law. Tenant shall furnish security or make other arrangements satisfactory to Landlord to assure payment for the completion of all work free and clear of liens and shall provide certificates of insurance as provided for worker’s compensation and other coverage in said Section amounts and the submission from an insurance company satisfactory to Landlord protecting Landlord against liability for personal injury or property damage during construction. Upon completion of any Tenant-Made Alterations, Tenant shall deliver to Landlord: (i) sworn statements setting forth the plans names of all contractors and specifications for subcontractors who did work on the Tenant-Made Alterations and final lien waivers from all such alterations or additions contractors and subcontractors; and (bii) such alterations or additions shallaccurate, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldreproducible "as-built" plans for any Tenant-Made Alterations.
Appears in 1 contract
Samples: Lease Agreement
Alterations by Tenant. Tenant shall not make or cause to be made any improvements, alterations, additions, changes, replacements additions or installations improvements to the Demised Premises, or make any cuts in Premises without 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 prior written consent of Landlord, such approval shall not be unreasonably withheld. All such alterations, additions or improvements (except moveable furniture, trade fixtures and if such consent is grantedequipment) shall become the property of Landlord and shall be surrendered with the Premises, as a part thereof, at the expiration or earlier termination of this Lease. Provided, however, Landlord may, at its option, require Tenant to remove alterations, additions or improvements, at Tenant's expense, upon the expiration or earlier termination of this Lease and to repair and restore the Premises to their original condition, reasonable wear and tear excepted. If Landlord approves Tenant's required alterations, Tenant shall carry not be required to remove the alterations at the end of the Lease Term unless Landlord informs Tenant in writing at the time approval is given, that the improvements should be removed. All permitted alterations, additions or improvements shall be made, at Tenant's sole cost and expense, by a contractor or other person first approved in writing by Landlord. As a condition to giving its consent, Landlord may require Tenant to submit plans and specifications. Any change approved by Landlord based upon such workerplans and specifications shall be performed strictly in accordance therewith and no amendments or additions thereto shall be made without the prior written consent of the Landlord. Tenant, at its sole cost, shall: (a) secure all necessary governmental permits and approvals required in connection with any alterations, additions or improvements; (b) comply with all applicable laws, rules, ordinances, regulations and all conditions to such required permits or approvals; (c) perform the work so as not to interfere with the use and occupancy of any other tenant in the Project; (d) provide and maintain workman's compensation and general liability insurance and such other insurance in amounts axx xxxx xnsurers as Landlord may requireshall reasonably approve; and (3) at Landlord's request, naming Landlord as an additional insuredprovide a completion and lien indemnity bond or other surety satisfactory to Landlord. Prior to commencing any work relating to any alterations, improvements or additions approved by Landlord, Tenant shall submit to give Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part not less than ten (10) days' prior written notice of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by expected date of commencement, Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right at any time thereafter to make nonstructural alterations post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect Landlord and the Premises from mechanics' liens, materialmen's liens or any other liens. Upon the completion of any alterations, additions costingor improvements by Tenant, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply provide Landlord with a complete copy of "as built" plans for the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldsame.
Appears in 1 contract
Samples: Lease Agreement (Equidyne Corp)
Alterations by Tenant. A. Making of Alterations; Landlord's Consent; Beaumeade Association's Consent: Tenant shall not make or cause permit to be made any improvements, alterations, additions, changes, replacements or installations to Alterations without the Demised Premises, or make any 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 prior written consent of Landlord, Landlord both as to whether the Alterations may be made and if such consent is granted, Tenant shall carry such worker's compensation as to how and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations when they will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, made which consent shall not be unreasonably withheld or delayeddelayed with respect to any proposed Alteration which would not be visible from outside of the Premises nor affect any of the structural components of the Building; provided however that the consent of Landlord shall not be required for (i) painting or carpeting of the Premises or (ii) Alterations costing less than Fifty Thousand Dollars ($50,000) in the aggregate which are not visible from outside of the Premises and which do not affect any of the structural components of the Building; further provided that Tenant shall give Landlord at least ten (10) days prior written notice of any such Alterations not requiring Landlord's consent and Tenant shall observe all reasonable rules and regulations promulgated by Landlord with respect to the performance of Alterations. Any Alterations shall be made at Tenant's expense by its contractors and subcontractors and in accordance with complete plans and specifications approved in advance in writing by Landlord and only after Tenant:
(i) has obtained all necessary permits from governmental authorities having jurisdiction and has furnished copies thereof to Landlord, (ii) has submitted to Landlord an architect's certificate that the Alterations will conform to all applicable laws and regulations and (iii) has complied with all other requirements reasonably imposed by Landlord including without limitation any requirements due to the underwriting guidelines of Landlord s insurance carriers. Xxxxxxxx's consent to any Alternations and approval of any plans and specifications constitutes approval of no more than the concept of these Alterations and not a representation of warranty with respect to the quality or functioning of such Alterations plans and specifications. Tenant shall be and is solely responsible for the Alterations and for the proper integration thereof with the Building the Building's systems and existing conditions. Landlord shall have the right but not the obligation to make nonstructural alterations or additions costingsupervise the making of any Alterations, in the aggregate during the Term, not more than $25,000 if any Alterations are made without the prior written consent of LandlordLandlord or the Beaumeade Association, provided if applicable or which do not conform to plans and specifications approved by Landlord or the Beaumeade Association if applicable or to other conditions imposed by Landlord or the Beaumeade Association if applicable and such nonconformity is not fully corrected by Tenant within fifteen (a15) days after notice from Landlord to Tenant shall otherwise or such shorter notice period as Landlord in good faith reasonably believes to be necessary in order to comply with the requirements of Section 7.01 includingany applicable law governmental regulation or insurance company requirement, but not limited to, the carrying then Landlord may in its sole discretion correct or remove such Alterations at Tenant's expense. Following completion of insurance as provided in said Section and the submission any Alterations at Xxxxxxxx's request Tenant either shall deliver to Landlord a complete set of "as built" plans showing the Alterations or shall reimburse Landlord for any expense incurred by Landlord in causing the Building plans to be modified to reflect the Alterations. In addition to the foregoing, any Alterations which are visible from outside of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be are subject to the consent prior review and approval of the LandlordBeaumeade Association, which consent approval may be granted or denied in the sole and absolute discretion of the Beaumeade Association, and which approval Tenant is solely responsible for obtaining.
B. No Liens: Tenant shall not be unreasonably withheldtake all necessary steps to ensure that no mechanic's or materialmen's liens are filed against the Premises, the Building or the Land as a result of any Alterations made by the Tenant. If any mechanic's lien is filed Tenant shall discharge the lien within ten (10) days thereafter at Tenant's expense, by paying off or bonding the lien.
Appears in 1 contract
Samples: Deed of Lease (Equinix Inc)
Alterations by Tenant. 12.1 Tenant shall not make or cause to be made perform or permit the making or performance of any improvements, alterations, additions, changesinstallations or improvements to or removals from (collectively, replacements “Alterations”) the Premises without Landlord’s prior written consent. Landlord agrees not to unreasonably withhold or installations delay its consent to non-structural Alterations provided the Demised Premisessame, or make any cuts in the wallsLandlord’s reasonable opinion, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premisesdo not adversely affect Building systems (including, without on each occasion first obtaining the consent of Landlordlimitation, utility, life safety, electrical, plumbing and if sewage lines and HVAC systems) and will not result in any increase in Operating Expenses (unless Tenant agrees in writing to pay for any such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insuredincrease). Tenant shall submit to furnish Landlord with plans and specifications for such work at any non-structural alterations prior to Tenant’s commencement of the time construction or installation of the same. Landlord's ’s prior consent is soughtshall not be required to changes or improvements by Tenant in the Premises which are purely decorative or which cost less than One Dollar and 50/100s ($1.50) per square foot of the Premises and do not affect the Building Structure or Building Systems and do not require a building permit. Any structural Alterations requested by Tenant and approved by Landlord shall be performed by Landlord, at Tenant’s reasonable expense, provided the same do not adversely affect Building systems (including, without limitation, utility, life safety, electrical, plumbing and sewage lines and HVAC systems) and will not result in any increase in Operating Expenses (unless Tenant agrees in writing to pay for any such improvementsincrease). Tenant shall request in writing Landlord’s written consent not less than twenty (20) days prior to the proposed commencement of the construction of such structural Alterations, which written request shall be accompanied by plans and specifications (prepared by a licensed structural engineer reasonably acceptable to Landlord) for such structural Alterations, which plans and specifications shall be subject to the approval of Landlord, not to be unreasonably withheld. Landlord’s granting of consent to structural Alterations may be conditioned on a requirement that Tenant on or prior to the Expiration Date or earlier termination of this Lease arrange with Landlord for the removal, at Tenant’s expense, of the structural Alteration installed and the restoration of the Premises to its condition prior to the construction of such structural Alteration. Tenant shall pay, as Additional Rent, for the reasonable costs of the installation of such structural Alteration, together with reasonable out-of-pocket costs incurred by Landlord in its review of the plans and specifications therefor, within ten (10) business days after its receipt of an invoice therefor.
12.2 In the event that in connection with any Alteration (whether structural or non-structural), installation of any wires, conduits, pipes or mechanical equipment outside the Premises is required, Tenant shall request Landlord’s consent therefor not less than thirty (30) days prior to the commencement of the construction of such Alterations, which consent shall be accompanied by plans and specifications to be reviewed and approved by Landlord showing the location of such wires, conduits, pipes or mechanical equipment. Landlord’s granting of consent to the installation of any such wires, conduits, pipes or mechanical equipment shall not be unreasonably withheld, but may be conditioned on a requirement that Tenant deposit with Landlord, prior to Landlord’s commencement of such installation, the cost, or a portion thereof, of such installation as determined by Landlord. Without limiting the reasons for the granting or withholding of consent by Landlord, Landlord may withhold such consent if in Landlord’s reasonable opinion such installation will adversely affect Building systems or will cause or create a hazardous condition or entail excessive or unreasonable alterations, additionsrepairs or expense, changesor interfere with or disturb other tenants. Tenant may not connect into any pipes, replacements shafts or installations will conduits without Landlord’s written permission, not to be unreasonably withheld. The installation of such wires, conduits, pipes or mechanical equipment shall be performed by Landlord at Tenant’s reasonable expense, and Tenant shall pay for the same, as Additional Rent, along with the reasonable out-of-pocket costs incurred by Landlord in its review of the plans and specifications therefor, within ten (10) business days after its receipt of an invoice therefor.
12.3 All non-structural Alterations performed by or on behalf of Tenant pursuant to Section 12.1 shall be done in a good and workmanlike manner by the Approved Contractors and in accordance with the approved plans and specifications and in compliance with all Legal Requirements and Insurance Requirements. In the event Landlord determines that the employment of any Approved Contractor may, or during the course of its prosecution of a non-structural Alteration or any other work for or on behalf of Tenant (including, without limitation, Tenant’s Work) does, unreasonably interfere with construction performed by, or cause any conflict or labor dispute with, any other contractor, subcontractor or other party engaged in the construction, maintenance or operation of the Building, Tenant shall select another Approved Contractor and shall cause the Approved Contractor being replaced to promptly remove its equipment and personnel from the Building. Landlord hereby expressly reserves the right to require the deletion of contractors and subcontractors from the list of Approved Contractors for cause or if such contractors or subcontractors are or become known to be a probable cause of a labor dispute relating to the Building or the Premises or in the event any such Approved Contractor changes its nature or method of operation to an extent which is reasonably deemed by Landlord to be inconsistent with the then standards of the Building. Subject to the two immediately preceding sentences, Tenant may add contractors and subcontractors to the list of Approved Contractors with Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. Tenant shall, at Tenant’s expense, before making any Alterations, obtain all permits, approvals and certificates required by any Governmental Authority and (upon completion thereof) certificates of final approval thereof and shall promptly deliver copies of such permits, approvals and certificates to Landlord. In addition, Tenant shall provide Landlord, prior to the commencement of any non-structural Alterations, with certificates evidencing appropriate builder’s risk, liability and worker’s compensation insurance coverage during the prosecution of any such Alterations in amounts reasonably deemed appropriate by Landlord. Landlord shall, upon Tenant’s request and at Tenant’s expense, furnish or execute promptly any documents, information, consents or other materials which are necessary or desirable in connection with Tenant’s efforts to obtain any license or permit for the making of any Alterations.
12.4 Any and all Alterations made by or on behalf of Tenant in, to or upon the Premises as well as any fixtures (with the exception of Tenant’s trade fixtures and equipment and other personal property) installed on the Premises by Tenant, shall, upon the expiration or earlier termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises except for those Alterations which Landlord required Tenant to remove as a condition of Landlord’s consent to making those Alterations, pursuant to the provisions hereof, in which event the same shall be performed and completed removed from the Premises by Tenant prior to the Expiration Date, at Tenant’s expense. Nothing in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations this Section 12.4 shall be paid construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures or moveable office furniture, equipment or other personal property, but upon removal of any of the same from the Premises or upon removal of other Alterations as may be required by Landlord, Tenant shall immediately and at its expense repair any damage to the Building or the Premises caused by such removal (except structural damage, which shall be repaired by Landlord at Tenant’s expense). All Alterations required to be removed by Tenant remaining in the Premises after the end of the Term shall be deemed abandoned; provided, that, no cash or cash equivalents shall be deemed abandoned) and may, at the election of Landlord, either be retained as Landlord’s property or removed from the Premises by Landlord, at Tenant’s expense.
12.5 Tenant, at its equivalent so that expense and with reasonable diligence and dispatch, shall procure the Demised Premises cancellation, discharge or bonding of all notices of violation or lien arising from or in connection with any Alterations, or any other work, labor, services or materials done for or supplied to Tenant, or any person claiming by, through or under Tenant, which (i) shall at all times be free issued by any Governmental Authority or other public authority having or asserting jurisdiction over the Building or the work being conducted therein or (ii) shall not be the result of any act, omission or negligence of Landlord or its agents, servants, employees or contractors. Tenant shall promptly provide Landlord with copies of cancellation, discharge, release or satisfaction of any such notices of violations or liens. Tenant shall have no authority to create any liens for labor or materials on or against the Land, the Building or the Premises. Tenant may contest the validity of any lien filed against Landlord, the Land, the Building or the Premises for any work, labor, services or materials claimed to have been performed for or furnished for to Tenant or any person or entity holding the Premises or any portion thereof by, through or under Tenant, provided Tenant, prior to instituting such contest, (x) causes any such lien to be discharged, bonded or removed by deposit or otherwise within thirty (30) days after Tenant receives Notice from Landlord of the filing of the same and (y) delivers to Landlord a copy of the bond or other evidence of the discharge or removal.
12.6 The performance of any Alterations, whether structural or non-structural, by or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent provisions of Section 19.3.
12.7 Tenant’s obligations under this Article shall survive the Landlord, which consent shall not be unreasonably withheldexpiration or earlier termination of this Lease.
Appears in 1 contract
Alterations by Tenant. (a) Tenant shall may not make or cause to be made any improvements, alterations, additions, changes, replacements or installations alterations to the Demised Premises, or make any cuts in Premises without the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment prior written consent of the Demised Premises, without on each occasion first obtaining the consent of Landlord, and if such consent is granted, Tenant . Such alterations shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner and in accordance with applicable legal and insurance requirements and the approved plans terms of this Lease.
(b) In the event that any mechanics lien is filed against the Demised Premises or Office Building as a result of any work or act of Tenant, the same constitutes a default under the lease, Tenant, at its expense, shall discharge the same within ten (10) days from the filing thereof. If the Tenant fails to discharge said mechanic's s lien, Landlord may bond or pay said lien and specifications all sums so advanced shall be paid on demand as additional rent the Tenant agrees to indemnify and hold the Landlord harmless from and against any and all liabilities incurred by the Tenant or claimed or charged against the Demised Premises on account of any claims, expenses or liens incurred by the Tenant in compliance connection with the premises and the Tenant shall promptly pay or otherwise discharge any and all Requirements such calms, expenses and liens, including any mechanics liens asserted or claimed against the premises or any part thereof. In no event shall the Landlord or any of the Landlord's property be liable for or chargeable with any expense or lien for work, labor or materials used in the premises or in any improvement or change thereof at the request of or upon the order of or to discharge the obligation of the Tenant.
(c) Prior to the commencement of any work, Tenant shall obtain public liability and workmen's compensation insurance to cover every contractor to be employed, and shall deliver duplicate originals of all certificates of such insurance to Landlord for written approval.
(d) If, in an emergency, it shall become necessary to make repairs required to be made by Tenant Landlord may re-enter the Demised Premises and proceed to have such repairs made and pay the costs thereon Tenant shall pay the Landlord the cost of such repairs on demand as additional rent.
(e) All alterations, additions and improvements to the premises, whether performed or constructed by Tenant or Landlord, shall immediately become the exclusive property of the Landlord regardless of the manner affixed or attached to the premises, and shall be performed and completed surrendered with the premises at the termination of the Lease. All trade fixtures installed by the Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash new or its equivalent so that completely reconditioned. Tenant may remove said trade fixtures from the Demised Premises shall at all times be free any time and from time to time during the Lease term, but the right of liens for work, labor, services or materials claimed such removal is subject to have been performed or furnished for or on behalf of the Tenant or anyone holding not being in default under any part of the Demised Premises through or under Tenant. All contractors terms and subcontractors performing work in or conditions of this Lease and satisfactory repair of any damage to the Demised Premises shall be approved caused by Landlord Tenant's removal of any such trade fixtures prior to the performance of any such work, which consent shall not be unreasonably withheld termination or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord expiration of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldLease term.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make make, install or cause to be made any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work erect in or to the Demised Premises any installations, alterations, modifications, additions or partitions without submitting the drawings and specifications to Landlord and obtaining Landlord's prior written consent in each instance, which consent will not be unreasonably withheld or delayed (in no event shall Tenant be permitted to make any alterations to any portion of the Building or Building Complex other than within the Premises as shown in the Construction Drawings approved by Landlord prior pursuant to the performance of any such workWork Letter). Furthermore, Tenant shall obtain Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed, to any change or changes in such drawings or specifications submitted as aforesaid. Tenant, upon prior notice to Landlord and compliance with all other provisions hereof, may make alterations of a "cosmetic nature" without being subject to Landlord's prior approval, however, Landlord can request, by notice to Tenant within thirty (30) days of Tenant's notice to Landlord of Tenant's intent to install such cosmetic alterations (as hereinafter defined), such alterations be removed upon termination or earlier expiration of the Lease and the Premises returned, at Tenant's expense, to their condition prior to the alteration, subject to ordinary wear and tear. For purposes hereof, "cosmetic alterations" shall be alterations of an aesthetic nature which do not require a building permit and do not affect the structure of the Building or any of its systems including HVAC, electrical or plumbing. Tenant shall have pay the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission reasonable cost to Landlord of the having its architects, engineers, or other consultants review such plans and specifications changes thereto prior to proceeding with any work based on such drawings or specifications. All such work shall be performed in a good and workmanlike manner, free and clear of all mechanic's liens, and in compliance with the provisions of Article 11 hereof, and once commenced shall be diligently pursued through completion, and Landlord shall have no liability for the performance of such alterations work, notwithstanding its consent to any plans and specifications. PROVIDED NEVERTHELESS that Landlord may, at its option, at Tenant's expense, require that Landlord's contractors be engaged for any mechanical or additions electrical work or other leasehold improvement. Without limiting the generality of the foregoing, any work performed by or for Tenant shall be performed by competent workmen whose labor union affiliations are not incompatible with those of any workmen who may be employed in the Building Complex by Landlord, its contractors or subcontractors. In addition to the above all contractors and (b) subcontractors must meet Landlord's specifications, as reasonably determined by Landlord, for minimum requirements for insurance, bonds, quality of work, experience and such alterations other reasonably applicable factors. Tenant shall submit to Landlord's reasonable supervision over construction, shall provide Landlord upon request with reasonable financial assurances prior to the commencement of alterations, and promptly pay to Landlord's or additions Tenant's subcontractors, as the case may be, when due, the costs of all such work and of all materials, labor and services involved therein and of all decoration and all changes in the Building, its equipment or services necessitated thereby. Tenant covenants that Tenant will not suffer or permit during the Term hereof any mechanics' or other liens for work, labor, services or materials ordered by Tenant or for the cost of which Tenant may be in any way obligated, to attach to the Premises or to the Building Complex and that whenever and so often as any such liens shall attach or claims therefor shall be filed, Tenant shall, when completed, be of such a character which will not reduce the value, rentability or usefulness within twenty (20) days after Tenant has notice of the Demised Premises claim for lien, procure the discharge thereof by payment or will not affect the facade, mechanical, electrical by giving security or structural components of either the Demised Premises in such other manner as is or the Shopping Center may be required or permitted by law or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheld.shall
Appears in 1 contract
Samples: Office Lease (McData Corp)
Alterations by Tenant. Tenant shall may not make or cause to be made any improvements, alterations, additions, changes, replacements --------------------- additions or installations changes to the Demised structural portions of the Premises, or make any cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised PremisesBuilding or the exterior portion of the Building Complex, the roof, the mechanical systems, HVAC, elevator or plumbing systems, without on each occasion first obtaining the consent of Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. The balance of the Premises for which Xxxxxxxx's consent is not required prior to making such alterations is hereafter called the "Usable Premises". In no event shall Landlord be deemed to be unreasonable in withholding consent if the changes, additions, or alterations would directly, indirectly or potentially cause Landlord to incur expenses or costs now or in the future which expenses or costs would be borne by Landlord, unless Xxxxxx agrees to bear such expenses. Tenant shall have not make, install or erect in or to the right any other portion of the Premises any installations, alterations, additions or partitions without submitting the drawings and specifications to make nonstructural alterations the Landlord and to the extent such alteration which constitutes a single integrated work of improvement equals or additions costingexceeds $25,000.00 in cost, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of first obtain the Landlord's prior written consent in each instance, which consent shall not be unreasonably withheld. Furthermore, the Tenant shall obtain the Landlord's prior written consent to any change or changes in such drawings or specifications submitted as aforesaid, subject to the payment of the cost to the Landlord of having its architects and appropriate consulting engineers review such plans and changes thereto prior to proceeding with any work based on such drawings or specifications. All such work shall be performed free and clear of all mechanic's liens and Landlord shall have no liability for the performance of such work, notwithstanding its consent to any plans and specifications. All such work shall be performed free and clear of all mechanic's liens and Landlord shall have no liability for the performance of such work, notwithstanding its consent to any plans and specifications. Any work performed by or for the Tenant shall be performed by competent workmen whose labor union affiliations are not incompatible with those of any workmen who may be employed in Building Complex by the Landlord, its contractors or subcontractors. The Tenant covenants that the Tenant will not suffer or permit during the Term hereof any mechanics' or other liens for work, labor, services or materials ordered by the Tenant or for the cost of which the Tenant may be in any obligated, to attach to Premises and that whenever and so often as any such liens shall attach or claims therefor shall be filed, the Tenant shall, within thirty (30) days after the Tenant has notice of the claim for lien, procure the discharge thereof by payment or by giving security or in such other manner as is or may be required or permitted by law or which shall otherwise satisfy Landlord. The Tenant shall, at its own cost and expense, take out or cause to be taken out any additional insurance or bonds reasonably required by the Landlord to protect the Landlord's and the Tenant's interest during the period of alteration. Tenant, at least twenty (20) days prior to installation of any alteration and subsequent to review and approval of any plans and specifications by Landlord, may request Landlord to advise Tenant in writing whether Landlord reserves the right to require Tenant to remove any Alterations from the Premises upon termination or expiration of the Lease which notice shall be delivered to Tenant within fifteen (15) days of receipt of such request from Tenant.
Appears in 1 contract
Alterations by Tenant. (a) The Tenant shall not make not, without the prior consent of the Landlord, make, erect, alter or cause to be made install any improvements, alterations, additions, changes, replacements Leasehold Improvements or other alterations or installations to the Demised PremisesPremises (the “Work”).
(b) If the Tenant wishes to do any Work, or make any 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, and if such consent is granted, Tenant shall carry apply for the Landlord’s consent and furnish such worker's compensation and general liability insurance and such other insurance as Landlord may requireplans, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and designs as shall be performed and completed by Tenant in an expeditious mannernecessary to fully describe the Work. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which Landlord’s consent thereto shall not be unreasonably withheld or delayed; provided that, without limitation, any refusal to grant consent based on grounds that such Work is not in compliance with the Building Standard or that the Tenant has not posted security with the Landlord shall be conclusively deemed not to be an unreasonable withholding of consent.
(c) Subject to the Landlord’s consent having been obtained and the Landlord’s reasonable requirements (including the posting of reasonable security, if requested) being met, the Landlord recognizes the right of the Tenant to install such interior partitions and other Leasehold Improvements as are necessary or appropriate to its use and occupancy of the Premises.
(d) Any Work shall, if the Landlord so elects, be performed by the Landlord or contractors which the Landlord, using its best judgment has engaged. The cost of such Work will be promptly paid by the Tenant to the Landlord on the basis of either:
(i) a lump sum price agreed to by the Landlord and the Tenant; or,
(ii) the cost of such Work plus ten percent (10%) for Landlord’s overhead plus ten percent (10%) of such cost and overhead for Landlord’s profit. In the absence of any such election by the Landlord, such Work may be performed by contractors retained by the Tenant pursuant to written contracts which have been approved by the Landlord (such approval not to be unreasonably withheld) and are subject to all reasonable conditions which the Landlord imposes. In either event, the Landlord shall have the right to make nonstructural alterations inspect such Work and require any Work not being properly done to be corrected, and to approve on a reasonable basis (which may include considerations involving trade union affiliations or additions costingthe lack of them and work jurisdiction, where in the opinion of the Landlord there is a risk of labour disputes which might adversely affect the Landlord) the contractors, tradesmen or the Tenant’s own employees (as the case may be) employed by the Tenant in connection therewith.
(e) Unless the Landlord has elected pursuant to subparagraph (d) to perform the Work, the Tenant shall pay to the Landlord, within ten (10) days after the receipt of the Landlord’s invoice, the Landlord’s reasonable out-of-pocket costs incurred in examining and approving the Tenant’s plans, specifications and designs and in inspecting the Work and any additional expenses actually incurred by the Landlord in connection with such Work together with a coordination and supervision fee equal to ten percent (10%) of the total cost to the Tenant of such Work.
(f) The Tenant shall provide, prior to the commencement of Work, evidence of required workers compensation coverage and proof of owner and contractors protective liability insurance coverage, with the Landlord, Kemptville Campus Education and Community Centre, any property manager and any Mortgagee as required by the Landlord, to be named as additional insureds, in amounts, with insurers, and in a form satisfactory to the aggregate Landlord, which shall remain in effect during the Termentire period in which the Work will be carried out. In addition, not more than $25,000 without if requested by the consent of Landlord, provided (a) the Tenant shall otherwise comply with provide proof of performance and payment bonds being in place;
(g) The Tenant will deliver a list identifying every contractor and subcontractor, accompanied by an up-to-date valid clearance certificate for each of them issued by the requirements of Section 7.01 includingappropriate workers compensation, but not limited to, the carrying of safety and insurance as provided in said Section authority and the submission Landlord shall have approved, prior to commencement of the Work, such contractors and subcontractors and their respective labour affiliations. The Tenant will not use any contractor or permit the use of any sub-contractor that is not identified on the list. The Tenant shall have provided to the Landlord a copy of the contract for the Work and evidence satisfactory to the Landlord as to the existence of all necessary permits;
(h) The Tenant shall perform the Work or cause the Work to be performed: (i) in accordance with any construction methods and procedures manual for the [●] Building or the Development; (ii) in accordance with the plans and specifications for such alterations submitted to and approved in writing by the Landlord; (iii) in accordance with any conditions, regulations, procedures or additions rules imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (bv) such alterations or additions shall, when completed, be of such in a character which will not reduce good and workmanlike and expeditious manner using new materials.
(i) If the value, rentability or usefulness Tenant fails to observe any of the Demised requirements of this Article, the Landlord may in its sole discretion require that construction stop and, at the Landlord’s option, that the Premises or will not affect be restored to their prior condition failing which the facadeLandlord may do so and the Tenant shall pay the Landlord’s cost plus an administration fee of fifteen percent (15%).
(j) The Tenant shall provide to the Landlord a complete updated drawing set for the Premises including without limitation all electrical, mechanical, electrical or structural components of either mechanical and architectural drawings for changes made subsequent to occupancy for the Demised Premises or the Shopping Center or which would not reduce the Floor Space affected area of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheld.
Appears in 1 contract
Samples: Lease Agreement
Alterations by Tenant. (a) Tenant shall not be permitted to make or cause to be made any improvements, alterations, additions, changes, replacements or installations interior non-structural alterations to the Demised Premises, Improvements without notice or make any cuts in written consent by Landlord provided the walls, ceilings, roofs, or floors thereof, or change same does not reduce the exterior color or architectural treatment value of the Demised Premises, without on each occasion first obtaining Improvements or the consent Premises and are in accordance with all zoning requirements and other laws and regulations and restrictions of Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insuredrecord. Tenant shall submit be (DSW12 permitted to Landlord plans make structural and/or exterior alterations to the Premises, inclusive of Improvements, that are in compliance with any requirements or restrictions of record, including but not limited to receipt of approval from the Polaris Center of Commerce Design Review Committee ("PDRC"), with the prior written consent and specifications for such work at the time approval of Landlord. Landlord's consent is soughtand approval for structural and/or exterior alterations shall not be unreasonably withheld provided that:
(i) No such alteration shall result in an expansion of the Improvements without Landlord's consent;
(ii) Alterations must be consistent, compatible, and harmonious with the type of construction and architectural style originally approved by the Landlord; and
(iii) Any such alteration shall be in accordance with all zoning requirements and other laws and regulations, and with any requirements or restrictions of record, including but not limited to receipt of approval from the PDRC. Any such improvements, alterations, additions, changes, replacements or installations will alterations shall be performed in a good and workmanlike manner and shall be subject to and in accordance with the approved plans Criteria (as defined in Exhibit "D") applicable legal and insurance requirements, and the terms and provisions of this Lease. Before Landlord is asked for approval and consent, Tenant shall submit to Landlord, in reasonable detail and specification, all plans, specifications and in compliance with all Requirements and drawings necessary for the proposed alterations. All construction shall be performed and completed by Tenant accomplished in an expeditious a first-class manner. The cost Once started, construction shall proceed diligently to completion and will not disrupt other tenants, occupants, or the operation of the Shopping Center.
(b) In the event that any mechanic's lien is filed against the Premises or Shopping Center as a result of any work or act of Tenant, Tenant, at its expense, shall discharge or bond off the same within thirty (30) days from receipt of notice of the filing thereof. If Tenant fails to discharge said mechanic's lien, Landlord may bond or pay without inquiring into the validity of merits of such improvements, alterations, additions, changes, replacements or installations lien and all sums so advanced shall be paid in cash to Landlord as Additional Rent.
(c) Prior to the commencement of any work by Tenant, Tenant or its equivalent so that contractor(s) shall obtain public liability and workers' compensation insurance to cover every contractor to be employed by Tenant, and shall deliver duplicate originals of all certificates of such insurance to Landlord for written approval.
(d) If, in an emergency, it shall become necessary to make repairs required to be made by Tenant, Landlord may reenter the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed and proceed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of such repairs made and pay the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayedcosts thereof. Tenant shall have pay Landlord the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be costs of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldrepairs as Additional Rent.
Appears in 1 contract
Alterations by Tenant. The Tenant shall not make or cause to be made any improvements, alterations, additions, changes, replacements or installations erect no signs (other than one at the driveway to the Demised Premises, or make any cuts in Building and on the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment facade of the Demised PremisesBuilding, without on each occasion first obtaining the consent of Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit subject to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part approval of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or Landlord with respect to the Demised Premises shall be approved by Landlord prior to the performance of any such work, location [which consent approval shall not be unreasonably withheld withheld, conditioned or delayed. Tenant ] and subject to any applicable ordinances related to signs as promulgated by the Town of Tewksbury) and shall have make no alterations, additions or improvements in or to any portion of the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 Premises without the Landlord's prior written consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent provisions of the Landlordthis Paragraph 12, which consent shall not be unreasonably withheld, conditioned or delayed. In connection therewith, the Landlord shall have ten days, from receipt of written notice from the Tenant detailing the proposed alterations, to approve or reject the same. The Landlord shall be deemed to have given his approval to any proposed alterations unless he shall have objected to the same within the time set forth herein. As part of any request for such consent, the Tenant shall provide the Landlord with plans and specifications drawn in accordance with good engineering practice (only if it would be usual and appropriate to prepare plans and specifications given the nature and extent to the proposed alterations, additions or improvements), reasonable evidence of suitable insurance and, xxxx xxxxx or other suitable assurances of the Tenant's obligation and wherewithal to complete the same at no expense to the Landlord and without failure to pay any contractor engaged to do the work. The Landlord agrees that in the absence of a Terminable Default on the part of the Tenant hereunder, its consent shall not be required for interior, non- structural alterations to the Building from time to time constituting a part of the Premises if the same are consistent with the use of the Premises as contemplated hereby and do not affect the heating, ventilating and air conditioning and other engineering and mechanical systems in the Building. At the time Tenant requests Landlord's consent to any future alterations, installations, removals, additions or improvements, Landlord agrees it will only require Tenant to remove such alteration, installment, removal, addition or improvement at the end of the Lease Term provided the Landlord, in his sole discretion, determines such improvements will impair his ability to re-let the Premises to another tenant.
Appears in 1 contract
Samples: Lease Agreement (Avici Systems Inc)
Alterations by Tenant. The Tenant shall not make or cause to be made any improvements, alterations, additions, changes, replacements or installations erect no signs (other than one at the driveway to the Demised Premises, or make any cuts in Building and on the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment facade of the Demised PremisesBuilding, without on each occasion first obtaining the consent of Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit subject to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part approval of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, (which consent approval shall not be unreasonably withheld withheld, conditioned or delayed. Tenant ] and subject to any applicable ordinances related to signs as promulgated by either the towns of Billerica or Tewksbury) and shall have make no alterations, additions or improvements in or to any portion of the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 Premises without the Landlord's prior written consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent provisions of the Landlordthis Paragraph 12, which consent shall not be unreasonably withheld, conditioned or delayed. In connection therewith, the Landlord shall have ten days, from receipt of written notice from the Tenant detailing the proposed alterations, to approve or reject the same. The Landlord shall be deemed to have given his approval to any proposed alterations unless he shall have objected to the same within the time set forth herein. As part of any request for such consent, the Tenant shall provide the Landlord with plans and specifications drawn in accordance with good engineering practice (only if it would be usual and appropriate to prepare plans and specifications given the nature and extent to the proposed alterations, additions or improvements), reasonable evidence of suitable insurance and, xxxx xxxxx or other suitable assurances of the Tenant's obligation and wherewithal to complete the same at no expense to the Landlord and without failure to pay any contractor engaged to do the work. The Landlord agrees that in the absence of a Terminable Default on the part of the Tenant hereunder, its consent shall not be required for interior, non- structural alterations to the Building from time to time constituting a part of the Premises if the same are consistent with the use of the Premises as contemplated hereby and with the heating, ventilating and air conditioning and other engineering and mechanical systems in the building. (Deleted) At the ------- time Tenant requests Landlord's consent to any future alterations, installations, removals, additions or improvements, Landlord agrees it will only require Tenant to remove such alteration, installment, removal, addition or improvement at the end of the Lease Term provided the Landlord, in his sole discretion, determines such improvements will impair his ability to re-let the Premises to another tenant.
Appears in 1 contract
Samples: Lease Agreement (Avici Systems Inc)
Alterations by Tenant. (a) Tenant shall not make any changes or cause alterations in or to the Premises (including, without limitation, installation of Cable) or that adversely affect the safety, structure, value or architectural integrity of the Building. Any such change or alteration is hereinafter referred to as an “Alteration” or “Alterations.” Any Alteration shall be made on the following conditions: (i) before proceeding with any improvementsAlteration, alterations, additions, changes, replacements or installations to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord for Landlord’s approval plans and specifications for the work to be done, and Tenant shall not proceed with such work at until it obtains Landlord’s approval which consent shall not be unreasonably withheld; (ii) Tenant shall pay to Landlord upon demand the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be reasonable out-of-pocket cost and expense of Landlord in (A) reviewing said plans and specifications and (B) inspecting the Alterations to determine whether the same are being performed in a good and workmanlike manner in accordance with the approved plans and specifications and all laws and requirements of public authorities, including, without limitation, the reasonable fees of any architect or engineer employed by Landlord for such purpose; (iii) the entire cost of the Alterations shall be borne by Tenant; and (iv) upon completion, Tenant shall furnish “as-built” plans except for Cosmetic Alterations (as defined below), completion affidavits, full and final waivers of lien rights and receipted bills covering all labor and materials.
(b) Tenant, at its expense, shall obtain all necessary governmental permits and certificates, if any, for the commencement and prosecution of Alterations and for final approval thereof upon completion, and shall cause Alterations to be performed in compliance therewith and with all Requirements applicable Law and requirements of public authorities and with all applicable requirements of insurance bodies. Alterations shall be diligently performed in a good and workmanlike manner, using materials and equipment of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building. Alterations shall be performed by contractors first approved by Landlord which approval shall not be unreasonably withheld, and completed if the Alterations involve the structure, systems, roof, or foundations of the Building, Landlord shall have the right to require that Tenant use contractors designated by Tenant in an expeditious mannerLandlord. The cost of such improvements, alterations, additions, changes, replacements or installations Alterations shall be paid performed in cash such manner as not to unreasonably interfere with or delay and as not to impose an additional expense upon Landlord in the construction, maintenance, repair or operation of the Premises; and if any such additional expense shall be incurred by Landlord as a result of Tenant’s performance of any Alterations, Tenant shall pay such reasonable out-of-pocket additional expense within thirty (30) days after delivery of an invoice. Throughout the performance of Alterations, Tenant shall cause its equivalent so general contractor to carry workers’ compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Premises, under which Landlord and its Mortgagees shall be named as additional insureds, 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 Demised commencement of Alterations and, on request, at reasonable intervals thereafter during the continuance of Alterations. If any Alterations shall involve the removal of any fixtures, equipment or other property in the Premises which are not Tenant’s Property, such fixtures, equipment or other property shall be promptly replaced at Tenant’s expense with new fixtures, equipment or other property of like utility and at least equal value unless Landlord shall otherwise expressly consent.
(c) Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all times be free notices of liens for violation arising from or otherwise connected with Alterations, or any other work, labor, services or materials claimed to have been performed or furnished done for or on behalf of Tenant supplied to Tenant, or anyone holding any part of the Demised Premises person claiming through or under Tenant, which shall be issued by the town or city in which the Property is located or any other public authority having or asserting jurisdiction. All contractors Tenant, at its expense, shall procure the satisfaction or discharge of record of all mechanics’ and subcontractors performing work other liens and encumbrances filed or attaching in connection with Alterations within thirty (30) days after Tenant’s receipt of notice of the filing or attachment thereof. If Tenant fails to discharge a lien or encumbrance, then, in addition to any other right or remedy of Landlord, Landlord may bond or insure over the lien or encumbrance or otherwise cause it to be discharged. Tenant shall reimburse Landlord for any amount paid by Landlord in exercising said rights, including, without limitation, reasonable attorneys’ fees (if and to the Demised Premises shall be approved extent permitted by Landlord prior Law) within 30 days after receipt of an invoice from Landlord.
(d) Notwithstanding anything herein to the performance of any such workcontrary, which Landlord’s consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord required for any Alteration that satisfied all of the plans and specifications for following criteria (a “Cosmetic Alteration”): (i) is of a cosmetic nature such alterations or additions and as painting, wallpapering, hanging pictures and/or installing carpeting; (bii) such alterations or additions shall, when completed, be of such a character which will is not reduce visible from the value, rentability or usefulness exterior of the Demised Premises or Building; (iii) will not affect the facade, mechanical, electrical systems or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space structure of the Demised Building; (iv) does not require work to be performed inside the walls or at, above or to the ceiling of the Premises, and (v) does not exceed $25,000 in cost. All other proposed additions and alterations However, even though consent is not required, the performance of Cosmetic Alterations shall be subject to all the consent other provisions of this Article.
(e) Tenant agrees that any review or approval by Landlord of any plans or specifications with respect to any Alterations is solely for Landlord’s benefit, and without any representation or warranty whatsoever to Tenant with respect to the Landlordadequacy, which consent correctness or efficiency thereof or otherwise, and such approval shall not be unreasonably withhelddeemed to be agreement or consent to the Alterations so as to give rise to lien or other rights to attach or encumber the Property or the Premises.
(f) In the event Tenant elects to perform any Alteration which causes or shall cause any one or both of the following two elements to occur: (y) an exceedance of delivery of outside air in the Premises or a portion thereof beyond the delivery of cubic feet per minute (“CFM”) of outside air that Landlord has allocated for the Premises or portion thereof as set forth in the Base Building MEP; or (z) an exceedance of the xxxxx per square foot (“WSF”) of demand power in the Premises or portion thereof beyond the WSF of demand power that Landlord has allocated for the Premises or portion thereof as set forth in the Base Building MEP, and as a result of such Alteration Landlord incurs or shall incur a capital expense to upgrade the Building’s CFM or WSF capacity to meet such demand, as the case may be (in each instance, a “Significant Capital Expansion”), then Tenant shall pay its Pro Rata Share of Significant Capital Expansion (as defined below). Tenant may elect to pay its Pro Rata Share of Significant Capital Expense (x) in one lump sum payment or (y) to amortize such amount over the remainder of the Term, provided the amortization of such amount shall include actual or imputed interest at the rate that Landlord would reasonably be required to pay to finance the cost thereof; provided, further, that the rate of imputed interest shall not exceed the Prime Rate (as defined in Section 19(b) below) in effect from time to time plus two percent (2%) per annum. Following the completion of the Signification Capital Expansion, the Base Building MEP shall be revised to contain the new allocations of CFM and WSF to each of the Exceedance Tenants (as defined below). This section 9(d) shall also be applicable to any further Alterations performed by Tenant that result in the necessity for an additional Significant Capital Expansion, provided that Tenant’s Pro Rata Share of Significant Capital Expansion shall be based on the then current Base Building MEP, as revised following the previous Significant Capital Expansion. Notwithstanding the foregoing, this Section 11(f) shall not be applicable to Higher One, Inc. or any assignee of Higher One, Inc. that uses the Premises for general office and administrative use. For purposes of this Section 11(f):
Appears in 1 contract
Alterations by Tenant. Tenant shall not may from time to time at its own expense make or cause to be made any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any cuts additions and improvements in the wallsPremises to better adapt the same to its business, 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so provided that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such workchange, which consent shall not be unreasonably withheld addition or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided improvement shall:
(a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided Landlord's insurer and any governmental or quasi-governmental authority having jurisdiction;
(b) comply with the requirements set forth in said Section and Schedule E;
(c) be made only with the submission to Landlord prior written consent of the Landlord after detailed plans and specifications therefore have been submitted to the Landlord;
(d) equal or exceed the then current standard for the Building;
(e) be carried out only by persons selected by Tenant and approved in writing by Landlord. Such persons shall be compatible with others employed by or through the Landlord directly or indirectly including Landlord's other tenants, contractors and subcontractors and their trade union affiliations; and
(f) if required by Landlord, deliver to Landlord before commencement of the work performance and payment bonds as well as proof of workers' compensation and public liability and property damage insurance coverage, with Landlord named as an additional insured, in amounts, with companies, and in form reasonably satisfactory to Landlord, which shall remain in effect during the entire period in which the work will be carried out. Any increase in property taxes or fire or casualty insurance premiums for the Building attributable to such alterations change, addition or additions improvement shall be borne by the Tenant. In addition, Tenant shall pay Landlord 15% of the cost of such work (or, if such cost is not ascertainable, the fair market value of such work) as a fee for the Landlord's supervision. In the event any of the following work is required by Tenant, it shall be carried out by the Landlord under written contract with the Tenant and at the Tenant's sole expense under contract to Landlord only and by agreement in writing:
(a) all approved work relating to heating, cooling, ventilation, exhaust, control, electrical distribution and life safety systems;
(b) such alterations patching of Building standard fireproofing;
(c) any drilling, cutting, coring and patching for conduit, pipe sleeves, chases, duct equipment, or additions shallopenings in the floors, when completedwalls, be of such a character which will not reduce the value, rentability columns or usefulness roofs of the Demised Premises or will not affect the facade, mechanical, electrical or structural components Building which is approved by Landlord; and
(d) installation of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject approved modifications to the consent of the Landlord, which consent shall not be unreasonably withheldsprinkler system.
Appears in 1 contract
Samples: Lease of Office Space (Securac Corp)
Alterations by Tenant. (a) Tenant shall agrees with Landlord not to make or cause allow to be made any improvements, alterations, additions, changes, replacements or installations alterations to the Demised PremisesPremises or place signs, furnishings, equipment, or make any cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without window coverings on each occasion first obtaining the consent of Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work which are visible from outside the Premises, without first obtaining the written consent of Landlord in or to the Demised Premises shall be approved by Landlord prior to the performance of any each such workinstance, which consent may be given on such conditions as Landlord may elect; provided however, Landlord shall not be unreasonably withheld withhold its consent to any alterations so long as: (i) the cost thereof does not exceed $5,000 and (ii) such alterations do not affect the structure or delayedexterior or the portion of the Building, or the electrical, mechanical, HVAC, telecommunications, plumbing or other Building systems. Any and all alterations to the Premises shall become the property of Landlord upon termination of this Lease (except for movable equipment, personal property or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any portion of or all of the Tenant Improvements, fixtures, equipment, and other improvements installed on the Premises (the "Additional Improvements"), and restore the Premises to its original condition, reasonable wear and tear excepted. In the event that Landlord so elects, and Tenant fails to remove the Additional Improvements, Landlord may remove the Additional Improvements at Tenant's cost, and Tenant shall have pay Landlord on demand all costs incurred in removing Additional Improvements and restoration of the right Premises as required.
(b) Whether or not Landlord grants its consent to make nonstructural Tenant's proposed alterations or additions costingimprovements, in all alterations and improvements shall nevertheless be conditioned upon Tenant: (i) acquiring all applicable governmental permits; (ii) furnishing Landlord with copies of any permits, if required, and the aggregate during plans and specifications prior to commencement of the Term, not more than $25,000 without the consent of Landlord, provided work; (aiii) Tenant shall otherwise comply reimbursing Landlord within 10 days of Tenant's receipt of a bill or estimate therefor for all reasonable costs and expenses incuxxxx by Landlord in connection with the requirements review and inspection of Section 7.01 alterations improvements and/or additions for which consent may be required, including, but not limited to, architect's and engineer's fees and costs, it being agreed that the carrying foregoing shall be limited to alterations which shall require Landlord's consent; and (iv) complying with all conditions of insurance as provided any permits and with other Legal Requirements and all provisions of this Lease applicable to Tenant Improvements in said Section a prompt and the submission expeditious manner.
(c) Whether or not Landlord grants its consent to Landlord Tenant's proposed alterations or improvements:
(i) all alterations, improvements and additions installed by Tenant shall be installed in a good workmanlike and lien free manner and in a manner that minimizes inconvenience to and disruption of the other occupants of the Complex (including, but not limited to the Building) and their businesses, shall be performed by a contractor approved by Landlord (which approval shall not unreasonably be withheld), shall be of a quality not less than Building Grade and, once commenced, shall be prosecuted continuously, in good faith and with due diligence until completed; and (ii) Tenant shall promptly upon completion of any alterations or improvements furnish Landlord with as-built plans and specifications for such regardless of whether or not consent was required.
(d) In the event that Landlord reasonably determines that any alterations or additions and (b) such alterations improvements by Tenant would disrupt the other tenants in the Complex, Landlord may require that all work performed by or additions shall, when completed, on behalf of Tenant be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldperformed only during non-Normal Business Hours.
Appears in 1 contract
Alterations by Tenant. The Tenant shall not may from time to time at its own expense make changes, additions and improvements to the Leased Premises to better adapt the same to its business, provided that any change, addition or cause to improvement shall:
(a) comply with the requirements of the Landlord’s insurers and any governmental or municipal authority having jurisdiction;
(b) be made only if, prior to preparation of any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such and prior to commencement of any work in the Leased Premises, including, without limiting the generality of the foregoing, any demolition, construction or alterations, the Tenant has determined through testing at its own cost and expense what Pollutants, if any, are present in the Leased Premises and, if the Tenant fails to do so, the Tenant acknowledges and agrees that it shall indemnify and hold harmless the Landlord from and against any and all Claims growing or arising out of the Tenant’s failure to do so;
(c) be made only after detailed plans and specifications therefor have been submitted to the Landlord and received the prior written approval of the Landlord, all at the time Landlord's consent is soughtexpense of the Tenant, and should the Landlord provide its written approval, such approval shall not be deemed to mean that the proposed changes, additions or improvements comply with any existing or future municipal by-laws or any other applicable laws, by-laws, codes or requirements. All costs incurred with respect to such approval shall be at the expense of the Tenant. Any such improvements, alterations, additions, changes, replacements or installations will additions and/or improvements affecting the Building’s electrical, mechanical and/or structural components shall only be performed by contractors selected by the Landlord (the “Landlord’s Contractors”). A list of the Landlord’s Contractors is available upon request;
(d) equal or exceed the then current standard for the Building;
(e) be carried out in a good and workmanlike manner and, subject to Subsection 7.04(c), only by Persons selected by the Tenant and approved in accordance writing by the Landlord who shall, if required by the Landlord, deliver to the Landlord before commencement of the work, materials, performance and payment bonds as well as proof of workers’ compensation, construction (including builder’s risk insurance and errors and omission insurance covering the contractor, if any, general contractor, if any, and all architects and engineers) and public liability and property damage insurance coverage, with the approved plans Landlord and specifications the Landlord’s Agent named as additional insureds, in amounts, with companies and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed a form reasonably satisfactory to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not remain in effect during the entire period in which the work will be unreasonably withheldcarried out; and
(f) be made only after the Tenant has provided to the Landlord evidence of all requisite permits and licenses and any other information reasonably required by the Landlord. Upon completion of such change, addition or improvement, the Tenant shall provide to the Landlord as-built drawings and/or a CAD disk of same in a format useable by the Landlord, together with evidence satisfactory to the Landlord of a final inspection of such change, addition or improvement (including inspection of mechanical and electrical systems where applicable) by the authority which issued the permit or license for same. It is understood and agreed that the Landlord shall have no responsibility or liability whatsoever with respect to any such work or attendant materials left or installed in the Project and shall be reimbursed for any Outlays and for any delays caused to the Landlord or its contractor(s) directly or indirectly as a result thereof. The Tenant shall be solely responsible for the removal of any and all construction refuse or debris resulting from such work with such removal to occur only after normal business hours. Any increase in Taxes or fire or casualty insurance premiums for the Project attributable to such change, addition or improvement shall be borne by the Tenant. The Tenant shall promptly repair at its own expense any damage to the Leased Premises or the Project, including without limitation the property of others, resulting from such changes, additions or improvements.
Appears in 1 contract
Samples: Lease Agreement (Telvent Git S A)
Alterations by Tenant. Tenant shall not make or cause It is understood and agreed that Tenant, at its expense, will alter and remodel the premises to be made any improvements, alterations, additions, changes, replacements or installations Tenant's standards to convert the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insuredbuilding to a Xxxxxxxx'x Buffet restaurant. Tenant shall submit to the Landlord for the Landlord's consent plans and specifications for Tenant's alterations and improvements (the "Plans"), such work consent not to be unreasonably conditioned, delayed, or withheld. Landlord shall respond to the Plans within ten (10) days following receipt. If Landlord fails to respond within said ten (10) day period, the Plans shall be deemed approved by Landlord. After completion of Tenant's initial alterations and remodeling, all additions, alterations, improvements and fixtures (except Tenant's merchandise, personal property, furniture, equipment, movable trade fixtures and signage) in or upon the Premises, whether placed there by Tenant or by Landlord, shall become Landlord's property and shall remain upon the Premises at the time termination of 5 this Lease by lapse of time, or otherwise, without compensation or allowance or credit to Tenant. After the Commencement Date, Tenant shall not make additions, changes, alterations or improvements to the Premises costing more than $10,000.00 in the aggregate, without the prior written consent of Landlord. Even if Landlord's consent is soughtnot required, Tenant shall give Landlord prior written notice specifying any work to be done. Any If Landlord grants its consent, Landlord may impose reasonable requirements as a condition of such improvementsconsent including without limitation the submission of plans and specifications for Landlord's prior written approval, alterationsobtaining necessary permits, additionsobtaining insurance, changes, replacements or installations will prior approval of contractor (not to be unreasonably withheld) and reasonable requirements as to the manner and times in which such work shall be done. All work shall be performed in a good and workmanlike manner and shall be in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be (approved by Landlord prior if approval is required by the above provisions). If any of such work may affect the structure of the Building or interfere with Building systems or operation, Landlord may require that such work be performed under Landlord's supervision (but at no additional cost to Tenant for such supervision). Notwithstanding the foregoing, upon expiration of the Term or earlier termination of the Lease, Tenant may remove all of its personal property, furniture and fixtures from the Premises, repairing any damage caused to the performance of any Premises by such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldremoval.
Appears in 1 contract
Samples: Lease Agreement (Family Steak Houses of Florida Inc)
Alterations by Tenant. Tenant shall not make or cause to be made any improvements, alterations, additions, changes, replacements or installations Subject to the Demised Premises, or make any 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 prior written consent of Landlord, and if such consent is grantedwhich will not be unreasonably withheld, Tenant shall carry may at any time and from time to time during the lease term make, at its sole cost and expense, such worker's compensation changes and general liability insurance and such other insurance alterations, structural or otherwise, in or to the improvements upon the leased premises as Landlord may require, naming Landlord as an additional insured. Tenant shall submit deem necessary or desirable. No building at any time on the leased premises shall, however, be demolished without the consent of the Landlord and any mortgagee of Landlord, which consent shall not be withheld unreasonably, so long as the same is conditioned upon the reconstruction of building improvements of at least equivalent quality to those being demolished. All such permitted changes and alterations (herein collectively referred to as "alterations") shall be made in all cases subject to the following conditions which Tenant covenants and agrees to observe and perform:
(a) No alteration shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all municipal and other governmental permits and any authorizations of the various municipal departments and governmental subdivisions having jurisdiction, and Landlord plans and specifications for such work agrees to join, at the time Landlord's consent expense of the Tenant, in the application for any such permits or authorizations whenever such action is sought. Any necessary.
(b) Each alteration, when completed, shall be of such improvements, alterations, additions, changes, replacements or installations will a character as not adversely to affect the value of the improvements and equipment on the leased premises immediately before such alteration.
(c) All work done in connection with any alteration shall be performed done promptly and in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with the applicable municipal building and zoning and with all Requirements other laws, ordinances, orders, rules, regulations and shall be performed requirements of federal, state and completed by Tenant in an expeditious manner. The municipal governments and appropriate departments, commissions, boards and officers thereof; the cost of any such improvements, alterations, additions, changes, replacements or installations alteration shall be paid in cash or its equivalent equivalent, so that no liens shall be enforced against the Demised Premises shall at all times be free of liens leased premises for work, labor, services labor and materials supplied or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or supplied to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldleased premises.
Appears in 1 contract
Samples: Lease (Austins Steaks & Saloon Inc)
Alterations by Tenant. (a) The Tenant shall not make not, without the prior written consent of the Landlord, make, erect, alter or cause to be made install any improvements, alterations, additions, changes, replacements Leasehold Improvements or other alterations or installations to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises Building which would constitute a material alteration of the Building (the “Work”). For the purposes hereof, “material” alteration means an alteration that would affect the structure, strength or quality of the Building, or would affect the mechanical, electrical or plumbing systems of the Building.
(b) If the Tenant wishes to do any Work, the Tenant shall apply for the Landlord’s consent and furnish such plans, specifications and designs as shall be approved by Landlord prior necessary to fully describe the performance of any such work, which Work. The Landlord’s consent thereto shall not be unreasonably withheld or delayed; provided that, without limitation, any refusal to grant consent based on grounds that such Work is not in compliance with the Building Standard shall be conclusively deemed not to be an unreasonable withholding of consent.
(c) Subject to the Landlord’s consent having been obtained and the Landlord’s reasonable requirements (including the posting of reasonable security, if requested) being met, the Landlord recognizes the right of the Tenant to install Leasehold Improvements as are necessary or appropriate to its use and occupancy of the Building.
(d) Any Work shall be performed by contractors retained by the Tenant pursuant to written contracts which have been approved by the Landlord (such approval not to be unreasonably withheld) and subject to all reasonable conditions which the Landlord imposes. The Tenant shall obtain the Landlord’s approval for any Work that may affect the base building construction. The Landlord shall have the right to make nonstructural alterations inspect such Work and require any Work not being properly done to be corrected, and to approve on a reasonable basis the contractors, tradesmen or additions costing, the Tenant’s own employees (as the case may be) employed by the Tenant in connection therewith.
(e) The Tenant shall pay to the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided within ten (a10) days after the receipt of the Landlord’s invoice, the Landlord’s reasonable out-of-pocket costs incurred in examining and approving the Tenant’s plans, specifications and designs and in inspecting the Work and any additional expenses actually incurred by the Landlord in connection with such Work together with a coordination and supervision fee equal to fifteen percent (15%) of any amount spent by the Landlord.
(f) The Tenant shall otherwise comply with provide to the requirements Landlord a complete set of Section 7.01 includingupdated drawings of the Building including without limitation all electrical, but mechanical and architectural drawings upon the completion of any material alteration to the Building.
(g) If the Tenant’s intended Leasehold Improvements would not limited toconstitute a material alteration of the Building, the carrying of insurance as Tenant may proceed without Landlord’s consent provided in said Section and the submission to Landlord of the plans and specifications for that such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will do not affect the facadebase building construction; however, mechanicalif the cost of such work would exceed $75,000 (excluding GST or similar taxes), electrical or structural components the Tenant shall give the Landlord thirty (30) days written notice prior to commencing such work. For greater clarity, the provisions of either the Demised Premises or the Shopping Center or which would this section shall not reduce the Floor Space apply to any Leasehold Improvements forming part of the Demised Premises. All other proposed additions and alterations shall be subject to the consent initial construction of the Landlord, which consent shall not be unreasonably withheldBuilding.
Appears in 1 contract
Samples: Lease (Ritchie Bros Auctioneers Inc)
Alterations by Tenant. A. Making of Alterations; Landlord’s Consent: Tenant shall not make or cause permit to be made any improvements, alterations, additions, changes, replacements or installations to Alterations without the Demised Premises, or make any 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 prior written consent of Landlord, Landlord both as to whether the Alterations may be made and if such consent is granted, Tenant shall carry such worker's compensation as to how and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations when they will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such workmade, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent approval shall not be unreasonably withheld, conditioned or delayed with respect to any proposed Alteration which would not affect any of the Building’s operating systems or any of the structural components of the Building. Any Alterations shall be made at Tenant’s expense, by its contractors and subcontractors and in accordance with complete plans and specifications approved in advance in writing by Landlord, and only after Tenant: (i) has obtained all necessary permits from governmental authorities having jurisdiction and has furnished copies thereof to Landlord, (ii) has submitted to Landlord an architect’s certificate that the Alterations will conform to all applicable laws and regulations, and (iii) has complied with all other requirements reasonably imposed by Landlord, including without limitation any requirements due to the underwriting guidelines of Landlord’s insurance carriers. Landlord’s consent to any Alterations and approval of any plans and specifications constitutes approval of no more than the concept of these Alterations and not a representation or warranty with respect to the quality or functioning of such Alterations, plans and specifications. Tenant shall be and is solely responsible for the Alterations and for the proper integration thereof with the Building, the Building’s systems and existing conditions. Landlord shall have the right, but not the obligation, to supervise the making of any Alterations. If any Alterations are made without the prior written consent of Landlord, or which do not conform to plans and specifications approved by Landlord or to other conditions imposed by Landlord pursuant to this Section, Landlord may, in its sole discretion, correct or remove such Alterations at Tenant’s expense. Following completion of any Alterations, at Landlord’s request, Tenant either shall deliver to Landlord a complete set of “as built” plans showing the Alterations or shall reimburse Landlord for any expense incurred by Landlord in causing the Building plans to be modified to reflect the Alterations.
Appears in 1 contract
Alterations by Tenant. (a) The Tenant shall not make not, without the prior consent of the Landlord, make, erect, alter or cause to be made install any improvements, alterations, additions, changes, replacements Leasehold Improvements or other alterations or installations to the Demised PremisesPremises (the “Work”).
(b) If the Tenant wishes to do any Work, or make any 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, and if such consent is granted, Tenant shall carry apply for the Landlord’s consent and furnish such worker's compensation and general liability insurance and such other insurance as Landlord may requireplans, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and designs as shall be performed and completed by Tenant in an expeditious mannernecessary to fully describe the Work. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which Landlord’s consent thereto shall not be unreasonably withheld or delayed; provided that, without limitation, any refusal to grant consent based on grounds that such Work is not in compliance with the Building Standard or that the Tenant has not posted security with the Landlord shall be conclusively deemed not to be an unreasonable withholding of consent.
(c) Subject to the Landlord’s consent having been obtained and the Landlord’s reasonable requirements (including the posting of reasonable security, if requested) being met, the Landlord recognizes the right of the Tenant to install such interior partitions and other Leasehold Improvements as are necessary or appropriate to its use and occupancy of the Premises.
(d) Any Work shall, if the Landlord so elects, be performed by the Landlord or contractors which the Landlord, using its best judgment has engaged. The cost of such Work will be promptly paid by the Tenant to the Landlord on the basis of either:
(i) a lump sum price agreed to by the Landlord and the Tenant; or,
(ii) the cost of such Work plus ten percent (10%) for Landlord’s overhead plus ten percent (10%) of such cost and overhead for Landlord’s profit. In the absence of any such election by the Landlord, such Work may be performed by contractors retained by the Tenant pursuant to written contracts which have been approved by the Landlord (such approval not to be unreasonably withheld) and are subject to all reasonable conditions which the Landlord imposes. In either event, the Landlord shall have the right to make nonstructural alterations inspect such Work and require any Work not being properly done to be corrected, and to approve on a reasonable basis (which may include considerations involving trade union affiliations or additions costingthe lack of them and work jurisdiction, where in the opinion of the Landlord there is a risk of labour disputes which might adversely affect the Landlord) the contractors, tradesmen or the Tenant’s own employees (as the case may be) employed by the Tenant in connection therewith.
(e) Unless the Landlord has elected pursuant to subparagraph (d) to perform the Work, the Tenant shall pay to the Landlord, within ten (10) days after the receipt of the Landlord’s invoice, the Landlord’s reasonable out-of-pocket costs incurred in examining and approving the Tenant’s plans, specifications and designs and in inspecting the Work and any additional expenses actually incurred by the Landlord in connection with such Work together with a coordination and supervision fee equal to ten percent (10%) of the total cost to the Tenant of such Work.
(f) The Tenant shall provide, prior to the commencement of Work, evidence of required workers compensation coverage and proof of owner and contractors protective liability insurance coverage, with the Landlord, Kemptville Campus Education and Community Centre, any property manager and any Mortgagee as required by the Landlord, to be named as additional insureds, in amounts, with insurers, and in a form satisfactory to the aggregate Landlord, which shall remain in effect during the Termentire period in which the Work will be carried out. In addition, not more than $25,000 without if requested by the consent of Landlord, provided (a) the Tenant shall otherwise comply with provide proof of performance and payment bonds being in place;
(g) The Tenant will deliver a list identifying every contractor and subcontractor, accompanied by an up-to-date valid clearance certificate for each of them issued by the requirements of Section 7.01 includingappropriate workers compensation, but not limited to, the carrying of safety and insurance as provided in said Section authority and the submission Landlord shall have approved, prior to commencement of the Work, such contractors and subcontractors and their respective labour affiliations. The Tenant will not use any contractor or permit the use of any sub-contractor that is not identified on the list. The Tenant shall have provided to the Landlord a copy of the contract for the Work and evidence satisfactory to the Landlord as to the existence of all necessary permits;
(h) The Tenant shall perform the Work or cause the Work to be performed: (i) in accordance with any construction methods and procedures manual for the [●] Building or the Development; (ii) in accordance with the plans and specifications for such alterations submitted to and approved in writing by the Landlord; (iii) in accordance with any conditions, regulations, procedures or additions rules imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (bv) such alterations or additions shall, when completed, be of such in a character which will not reduce good and workmanlike and expeditious manner using new materials.
(i) If the value, rentability or usefulness Tenant fails to observe any of the Demised requirements of this Article, the Landlord may in its sole discretion require that construction stop and, at the Landlord’s option, that the Premises or will not affect be restored to their prior condition failing which the facadeLandlord may do so and the Tenant shall pay the Landlord’s cost plus an administration fee of fifteen percent (15%).
(j) The Tenant shall provide to the Landlord a complete updated drawing set for the Premises including without limitation all electrical, mechanical, electrical or structural components of either mechanical and architectural drawings for changes made subsequent to occupancy for the Demised Premises or the Shopping Center or which would not reduce the Floor Space affected area of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheld.
Appears in 1 contract
Samples: Lease Agreement
Alterations by Tenant. (a) Tenant may make such alterations in or additions to the Leased Premises as it shall from time to time elect to make; provided, however, that any material alteration in or addition to the Leased Premises (it being expressly agreed that decorations, substitutions and nonstructural changes which are not visible from the exterior of the Building or Leased Premises and do not adversely affect the base building HVAC or mechanical, electrical or plumbing systems shall not make or cause to be made any improvements, alterations, additions, changes, replacements or installations deemed material) shall be subject to the Demised Premises, or make any 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 prior written consent of Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such workeach instance, which consent shall not be unreasonably withheld or delayed, except as to changes visible from the exterior of the Building or changes which impair or cause load design problems for the structural, HVAC, mechanical, electrical or plumbing systems of the Building, as to which Landlord may withhold consent in its sole discretion. Subject to the approval of Landlord, which will not be unreasonably withheld, Tenant may use contractors of its own selection and there shall be no overhead or supervision fees to Landlord for any such work. Except for the initial installation of Tenant's improvements which are to be funded by Tenant Improvement Allowance, Tenant shall reimburse Landlord for any reasonable out-of-pocket fees or expenses paid to third-party architects, engineers, consultants and/or other professionals in evaluating any alteration requested by Tenant pursuant to this Section 1 1.01.
(b) All alterations or additions made by Tenant in the Leased Premises shall be constructed and completed in a good and workmanlike manner at Tenant's expense by contractors approved by Landlord, such approval not to be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission furnish to Landlord of in advance the plans and specifications for and any other information which Landlord may reasonably request pertaining to such alterations or additions. Tenant shall obtain all necessary governmental permits, licenses and approvals and shall comply with all Applicable Laws and the requirements of Landlord as to work schedule, noise abatement, safety, security, elevator access, trash removal and other activities to minimize disruption and annoyance to other tenants in the Building. Upon termination of Tenant's lease of any floors in which Tenant has installed special cabling and systems and/or other additions or alterations, Landlord may require Tenant to restore at
(c) Tenant shall pay all taxes and (b) such alterations or additions shall, when completed, be assessments levied with respect to Tenant's trade fixtures and personal property in the Leased Premises and shall reimburse Landlord for any portion of the ad valorem taxes and assessments levied against the equitably attributable to the cost of such a character which will not reduce the valuetrade fixtures, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldpersonal property.
Appears in 1 contract
Alterations by Tenant. A. Following the completion of the Work, Tenant shall not make or cause to be made permit any improvements, alterations, additionsfixed decorations, changessubstitutions or modifications, replacements structural or installations to the Demised Premisesotherwise, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited toto the installation or modification of carpeting, partitions, AFDOCS//21459967 counters, doors, air conditioning ducts, plumbing, piping, lighting fixtures and wiring of any kind, hardware, locks, ceilings and window and wall coverings (collectively, “Alterations”), to the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the Building without the prior written consent of Landlord (both as to whether the LandlordAlterations may be made at all and as to how and when they may be made), which consent shall not be unreasonably withheld, conditioned or delayed. Tenant, at its sole cost and expense, shall provide Landlord with a copy of the original or revised full-floor architectural, mechanical, electrical and plumbing plans (“Tenant Alteration Plans”) for the floor or floors on which the Alterations are to be made, revised by the Building architect and engineers to show Tenant’s proposed Alterations, which plans shall be in form and substance reasonably acceptable to Landlord. Approval by Landlord of Tenant’s Alteration Plans shall not constitute implication, representation or certification by Landlord that Tenant’s Alteration Plans are accurate, sufficient, efficient, or in compliance with insurance requirements or applicable Laws, including building code compliance and the ADA, the responsibility of which belongs solely with Tenant.
B. Tenant shall pay to Landlord a construction supervisory fee in an amount not to exceed [redacted] of the cost of any Alterations, as additional rent due and payable within [redacted] after Landlord approves such Alterations. In addition, Tenant agrees that any costs incurred by Landlord to consult its architects, engineers or other consultants, prior to giving its consent, shall be Additional Rent due and payable by Tenant to Landlord within [redacted] after rendition of a xxxx therefor.
C. Alterations may be made only at Tenant’s expense, by contractors or subcontractors reasonably approved by Landlord, and only after: (i) Tenant has obtained any necessary permits from governmental authorities having jurisdiction and furnished copies of the permits to Landlord, and (ii) Tenant has submitted complete plans and specifications to Landlord, and Landlord has given Tenant its prior, express written approval, if required, as provided above. All Alterations shall be performed (a) in a good, workmanlike, first class and prompt manner, (b) at such times and in such manner as Landlord may reasonably designate, and (c) in accordance with Landlord’s Construction Rules and Regulations in effect from time to time (and any reasonable modifications thereto). Tenant shall diligently and continuously pursue all Alterations to completion. Landlord shall have the right to supervise the performance of any Alterations, but shall have no obligation to manage or supervise same, and shall have no liability or responsibility for the proper performance thereof by Tenant’s contractors. Tenant shall require any contractor of Tenant performing Alterations to carry and maintain, at no expense to Landlord, the commercially reasonable insurance required by Landlord.
D. Landlord may require that Tenant obtain and deliver to Landlord written and unconditional waivers of mechanics’ and materialmen’s liens upon the Land and the Building for all work, labor and services to be performed, and materials to be furnished, in connection with any Alterations, signed by all contractors, subcontractors and materialmen to become involved in any Alterations. If any mechanic’s or materialmen’s lien is filed against the Premises, the Building or the Land for work or materials done for or furnished to Tenant, or claimed to have been done for or furnished to Tenant, the lien shall be discharged by Tenant AFDOCS//21459967 within [redacted] thereafter, solely at Tenant’s expense, by payment thereof or by filing any bond required by law. Tenant shall indemnify and hold Landlord harmless from any and all liens, claims, damage and expenses (including reasonable attorneys’ fees), to persons or property including, without limitation, the Building, which may arise from the making of any Alterations. If any Alteration is made without the prior written consent of Landlord, if required, Landlord may correct or remove the Alteration at Tenant’s expense, said expense being an item of Additional Rent due [redacted] after rendition of a xxxx therefor. Following completion of any Alterations, Tenant shall deliver to Landlord a complete set of “as built” plans showing the Alterations, or shall reimburse Landlord for any reasonable expense incurred by Landlord in causing the Building plans to be modified to reflect the Alterations. The cost of “as-built” plans, if incurred by Landlord, shall be Additional Rent due and payable from Tenant within [redacted] after rendition of a xxxx therefor. During construction or installation of any Alteration, Landlord shall have the right to inspect the Premises at all times. Upon substantial completion of any Alterations, Tenant shall assign to Landlord, on a non-exclusive basis, all warranties obtained with respect to such Alterations.
E. Copies of required building permits or authorizations shall be obtained by Tenant at its expense and copies thereof shall be provided to Landlord prior to commencement of construction. No locks, bolts or access control mechanisms of any kind shall be installed on the entrance doors or within the Premises that are not keyed or coded to the Building master key or access system. Tenant shall reimburse Landlord for the cost of the Building engineer’s time and services (if applicable) provided after Building Hours (as defined in Section 13.A.) in connection with Alterations and any other reasonable costs actually incurred by Landlord in connection with the Alterations, as additional rent due and payable within [redacted] after Landlord delivers an invoice(s) therefor. Landlord shall not be liable for any damages or losses caused by Tenant’s contractors, and, subject to Section 20 below, Tenant agrees to pay any and all expenses, claims or damages to person or property which may arise directly or indirectly by reason of making any Alterations.
F. Following the completion of the Work, all wiring, cabling or conduit and/or cable bundles installed in the Premises or the Building by or at the request of Tenant shall be deemed Alterations, and, accordingly, subject to all of the applicable terms and conditions of this Lease.
G. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alterations which are strictly cosmetic in nature and (i) do not modify or affect the Premises' or Building's structure, roof systems, or the electrical, plumbing, heating, ventilation and air conditioning, mechanical, security, life safety or other systems serving the Building and/or Project, (ii) are not visible from the exterior of the Premises, (iii) do not require the issuance of a building permit, (iv) do not involve penetrations to any portion of the Building, including, without limitation, the roof and/or roof membrane of the Building, and (v) otherwise comply with Laws (collectively, "Cosmetic Alterations"); provided that the aggregate cost of any such Cosmetic Alterations does not exceed [redacted] in any twelve (12) month period during the Term (except for paint and floor coverings in the Premises, which shall not require Landlord’s consent, regardless of cost; provided, however, all such paint and floor coverings shall be AFDOCS//21459967 consistent with the Building Standard (as defined in Section 13A.)). Tenant shall give Landlord not less than thirty (30) days prior written notice of any Cosmetic Alterations ("Cosmetic Alterations Notice") for which Landlord’s consent is not required, which Cosmetic Alterations Notice shall be accompanied by reasonably adequate evidence that such Cosmetic Alterations meet the criteria contained in this Section 9.G, and Landlord shall be permitted to enter the Premises to post notices of non-responsibility and other like notices or to observe the work performed by or on behalf of Tenant. Cosmetic Alterations shall be deemed to constitute Alterations for all purposes under this Lease (except that Landlord's consent shall not be required so long as the foregoing provisions have been satisfied, and Tenant shall not be required to pay to Landlord any of the expenses described in Section 9.B above with respect to any Cosmetic Alteration).
Appears in 1 contract
Alterations by Tenant. 12.1 Tenant shall not make or cause to be made perform or permit the making or performance of any improvements, alterations, additions, changesinstallations or improvements to or removals from (collectively, replacements "Alterations") the Premises without Landlord's prior written consent. Landlord agrees not to unreasonably withhold or installations delay its consent to non-structural Alterations provided the Demised Premisessame, or make any cuts in the wallsLandlord's reasonable opinion, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premisesdo not adversely affect Building systems (including, without on each occasion first obtaining the consent of Landlordlimitation, utility, life safety, electrical, plumbing and if sewage lines and HVAC systems) and will not result in any increase in Operating Expenses (unless Tenant agrees in writing to pay for any such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insuredincrease). Tenant shall submit to furnish Landlord with plans and specifications for any non-structural alterations prior to Tenant's commencement of the construction or installation of the same. Landlord's prior consent shall not be required to changes or improvements by Tenant in the Premises which are purely decorative or which cost less than One Dollar and 50/100s ($1.50) per square foot of the Premises and do not affect the Building Structure or Building Systems and do not require a building permit. Any structural Alterations requested by Tenant and approved by Landlord shall be performed by Landlord, at Tenant's reasonable expense, provided the same do not adversely affect Building systems (including, without limitation, utility, life safety, electrical, plumbing and sewage lines and HVAC systems) and will not result in any increase in Operating Expenses (unless Tenant agrees in writing to pay for any such work increase). Tenant shall request in writing Landlord's written consent not less than twenty (20) days prior to the proposed commencement of the construction of such structural Alterations, which written request shall be accompanied by plans and specifications (prepared by a licensed structural engineer reasonably acceptable to Landlord) for such structural Alterations, which plans and specifications shall be subject to the approval of Landlord, not to be unreasonably withheld. Landlord's granting of consent to structural Alterations may be conditioned on a requirement that Tenant on or prior to the Expiration Date or earlier termination of this Lease arrange with Landlord for the removal, at Tenant's expense, of the time structural Alteration installed and the restoration of the Premises to its condition prior to the construction of such structural Alteration. Tenant shall pay, as Additional Rent, for the reasonable costs of the installation of such structural Alteration, together with reasonable out-of-pocket costs incurred by Landlord in its review of the plans and specifications therefor, within ten (10) business days after its receipt of an invoice therefor.
12.2 In the event that in connection with any Alteration (whether structural or non-structural), installation of any wires, conduits, pipes or mechanical equipment outside the Premises is required, Tenant shall request Landlord's consent is soughttherefor not less than thirty (30) days prior to the commencement of the construction of such Alterations, which consent shall be accompanied by plans and specifications to be reviewed and approved by Landlord showing the location of such wires, conduits, pipes or mechanical equipment. Any Landlord's granting of consent to the installation of any such improvementswires, conduits, pipes or mechanical equipment shall not be unreasonably withheld, but may be conditioned on a requirement that Tenant deposit with Landlord, prior to Landlord's commencement of such installation, the cost, or a portion thereof, of such installation as determined by Landlord. Without limiting the reasons for the granting or withholding of consent by Landlord, Landlord may withhold such consent if in Landlord's reasonable opinion such installation will adversely affect Building systems or will cause or create a hazardous condition or entail excessive or unreasonable alterations, additionsrepairs or expense, changesor interfere with or disturb other tenants. Tenant may not connect into any pipes, replacements shafts or installations will conduits without Landlord's written permission, not to be unreasonably withheld. The installation of such wires, conduits, pipes or mechanical equipment shall be performed by Landlord at Tenant's reasonable expense, and Tenant shall pay for the same, as Additional Rent, along with the reasonable out-of-pocket costs incurred by Landlord in its review of the plans and specifications therefor, within ten (10) business days after its receipt of an invoice therefor.
12.3 All non-structural Alterations performed by or on behalf of Tenant pursuant to Section 12.1 shall be done in a good and workmanlike manner by the Approved Contractors and in accordance with the approved plans and specifications and in compliance with all Legal Requirements and Insurance Requirements. In the event Landlord determines that the employment of any Approved Contractor may, or during the course of its prosecution of a non-structural Alteration or any other work for or on behalf of Tenant (including, without limitation, Tenant's Work) does, unreasonably interfere with construction performed by, or cause any conflict or labor dispute with, any other contractor, subcontractor or other party engaged in the construction, maintenance or operation of the Building, Tenant shall select another Approved Contractor and shall cause the Approved Contractor being replaced to promptly remove its equipment and personnel from the Building. Landlord hereby expressly reserves the right to require the deletion of contractors and subcontractors from the list of Approved Contractors for cause or if such contractors or subcontractors are or become known to be a probable cause of a labor dispute relating to the Building or the Premises or in the event any such Approved Contractor changes its nature or method of operation to an extent which is reasonably deemed by Landlord to be inconsistent with the then standards of the Building. Subject to the two immediately preceding sentences, Tenant may add contractors and subcontractors to the list of Approved Contractors with Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. Tenant shall, at Tenant's expense, before making any Alterations, obtain all permits, approvals and certificates required by any Governmental Authority and (upon completion thereof) certificates of final approval thereof and shall promptly deliver copies of such permits, approvals and certificates to Landlord. In addition, Tenant shall provide Landlord, prior to the commencement of any non-structural Alterations, with certificates evidencing appropriate builder's risk, liability and worker's compensation insurance coverage during the prosecution of any such Alterations in amounts reasonably deemed appropriate by Landlord. Landlord shall, upon Tenant's request and at Tenant's expense, furnish or execute promptly any documents, information, consents or other materials which are necessary or desirable in connection with Tenant's efforts to obtain any license or permit for the making of any Alterations.
12.4 Any and all Alterations made by or on behalf of Tenant in, to or upon the Premises as well as any fixtures (with the exception of Tenant's trade fixtures and equipment and other personal property) installed on the Premises by Tenant, shall, upon the expiration or earlier termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises except for those Alterations which Landlord required Tenant to remove as a condition of Landlord's consent to making those Alterations, pursuant to the provisions hereof, in which event the same shall be performed and completed removed from the Premises by Tenant prior to the Expiration Date, at Tenant's expense. Nothing in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations this Section 12.4 shall be paid construed to give Landlord title to or to prevent Tenant's removal of trade fixtures or moveable office furniture, equipment or other personal property, but upon removal of any of the same from the Premises or upon removal of other Alterations as may be required by Landlord, Tenant shall immediately and at its expense repair any damage to the Building or the Premises caused by such removal (except structural damage, which shall be repaired by Landlord at Tenant's expense). All Alterations required to be removed by Tenant remaining in the Premises after the end of the Term shall be deemed abandoned; provided, that, no cash or cash equivalents shall be deemed abandoned) and may, at the election of Landlord, either be retained as Landlord's property or removed from the Premises by Landlord, at Tenant's expense.
12.5 Tenant, at its equivalent so that expense and with reasonable diligence and dispatch, shall procure the Demised Premises cancellation, discharge or bonding of all notices of violation or lien arising from or in connection with any Alterations, or any other work, labor, services or materials done for or supplied to Tenant, or any person claiming by, through or under Tenant, which (i) shall at all times be free issued by any Governmental Authority or other public authority having or asserting jurisdiction over the Building or the work being conducted therein or (ii) shall not be the result of any act, omission or negligence of Landlord or its agents, servants, employees or contractors. Tenant shall promptly provide Landlord with copies of cancellation, discharge, release or satisfaction of any such notices of violations or liens. Tenant shall have no authority to create any liens for labor or materials on or against the Land, the Building or the Premises. Tenant may contest the validity of any lien filed against Landlord, the Land, the Building or the Premises for any work, labor, services or materials claimed to have been performed for or furnished for to Tenant or any person or entity holding the Premises or any portion thereof by, through or under Tenant, provided Tenant, prior to instituting such contest, (x) causes any such lien to be discharged, bonded or removed by deposit or otherwise within thirty (30) days after Tenant receives Notice from Landlord of the filing of the same and (y) delivers to Landlord a copy of the bond or other evidence of the discharge or removal.
12.6 The performance of any Alterations, whether structural or non-structural, by or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent provisions of Section 19.3.
12.7 Tenant's obligations under this Article shall survive the Landlord, which consent shall not be unreasonably withheldexpiration or earlier termination of this Lease.
Appears in 1 contract
Alterations by Tenant. The Tenant shall not may from time to time at its own expense make changes, additions and improvements to the Leased Premises to better adapt the same to its business, provided that any change, addition or cause to improvement shall:
(a) comply with the requirements of the Landlord’s insurers and any governmental or municipal authority having jurisdiction;
(b) be made only if, prior to preparation of any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for and prior to commencement of any work in the Leased Premises, including, without limiting the generality of the foregoing, any demolition, construction or alterations, the Tenant has determined through testing at its own cost and expense what Pollutants, if any, are present in the Leased Premises and, if the Tenant fails to do so, the Tenant acknowledges and agrees that it shall indemnify and hold harmless the Landlord from and against any and all Claims growing or arising out of the Tenant’s failure to do so;
(c) if the cost of such work improvements are less than $25,000.00 (increased by 3% compounded annually on each anniversary date of the Commencement Date) and do not affect the Leased Premises structurally, the Tenant may proceed with the improvements without the Landlord’s prior written approval. If the cost of such improvements exceed $25,000.00 as such amount may be increased as aforesaid, the Tenant may proceed with the improvements only after detailed plans and specifications therefor have been submitted to the Landlord and received the prior written approval of the Landlord, all at the time Landlord's consent is soughtexpense of the Tenant, and should the Landlord provide its written approval, such approval shall not be deemed to mean that the proposed changes, additions or improvements comply with any existing or future municipal by-laws or any other applicable laws, by-laws, codes or requirements. All costs incurred with respect to such approval shall be at the expense of the Tenant. Any such improvements, alterations, additions, changes, replacements or installations will additions and/or improvements affecting the Building’s electrical, mechanical and/or structural components shall only be performed by contractors selected by the Landlord (the “Landlord’s Contractors”). A list of the Landlord’s Contractors is available upon request;
(d) equal or exceed the then current standard for the Building;
(e) be carried out in a good and workmanlike manner and, subject to Subsection 7.04(c), only by Persons selected by the Tenant and approved in accordance writing by the Landlord who shall, if required by the Landlord, deliver to the Landlord before commencement of the work, performance and payment bonds as well as proof of workers’ compensation and public liability and property damage insurance coverage, with the approved plans Landlord and specifications the Landlord’s Agent and nominee (if any) named as additional insureds, in amounts, with companies and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed a form reasonably satisfactory to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not remain in effect during the entire period in which the work will be unreasonably withheldcarried out; and
(f) be made only after the Tenant has provided to the Landlord evidence of all requisite permits and licences and any other information reasonably required by the Landlord. Upon completion of such change, addition or improvement, the Tenant shall provide to the Landlord as-built drawings and/or a CAD disk of same in a format useable by the Landlord, together with evidence satisfactory to the Landlord of a final inspection of such change, addition or improvement (including inspection of mechanical and electrical systems where applicable) by the authority which issued the permit or licence for same.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make or cause to be made any improvements, alterations, additions, changes, replacements or installations to the Demised Premises, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise may from time to time at its own expense make changes, additions and improvements in the Premises to better adapt the Premises to its business, provided that any such change, addition or improvement shall:
(i) comply with the requirements of Section 7.01 includingany governmental or quasi-governmental authority having jurisdiction;
(ii) be made only with the prior written consent of Landlord;
(iii) be equal or exceed the then current building standard for the Project as established by Landlord; and
(iv) be carried out only by persons selected by Tenant and approved in writing by Landlord, but not limited towho shall, the carrying of insurance as provided in said Section and the submission if required by Landlord, deliver to Landlord before commencement of the plans work, an authorized building permit from the applicable municipality, performance and specifications payment bonds, and proof of workers' compensation and public liability and property damage insurance coverage, with Landlord named as an additional insured, with companies and in amounts and with coverages and in form reasonably satisfactory to Landlord, and which shall remain in effect during the entire period in which the work will be carried out and for such alterations or additions and a reasonable period of time thereafter.
(b) Subject to compliance with such alterations or additions reasonable rules and regulations as Landlord may make from time to time, Tenant and its contractors shall have access to the Building and the Premises for purposes of undertaking the work approved pursuant to sub-section (a), provided such work shall be undertaken and completed with all reasonable diligence; and such work shall, when completedsave as Landlord acting reasonably may otherwise require or direct that same be done by Landlord's contractors at Tenant's expense, be done by contractors selected by Tenant, provided that there shall be no conflict caused thereby with any union or other contract to which Landlord or its contractor(s) may be a party, and in the event that Tenant's contractors or workmen cause such conflict Tenant shall forthwith remove them from the Project.
(c) It is understood and agreed that Landlord shall have no responsibility or liability whatsoever with respect to any such work or attendant materials left or installed in the Project, and shall be reimbursed for any Outlays, and for any delays caused Landlord or its contractor(s) directly or indirectly as a result thereof. Tenant shall be solely responsible for the removal of any and all construction refuse or debris resulting from such a character which will not reduce work with such removal to occur only after Normal Business Hours.
(d) Any increase in Taxes, fire or casualty insurance premiums for the valueProject attributable to such change, rentability addition or usefulness of improvement shall be borne by Tenant. Tenant shall promptly repair at its own expense any damage to the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center Project, without limitation including the property of others, resulting from such changes, additions or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldimprovements.
Appears in 1 contract
Samples: Lease (Rabatco Inc)
Alterations by Tenant. Except for Tenant's Work, with respect to which the rights and obligations of Landlord and Tenant shall concerning approval thereof are set forth in Paragraph 16.1 hereof, Tenant will not make or cause to be made permit any improvements, alterations, additions, changes, replacements or installations Alterations to the Demised PremisesPremises or to the Building without the prior written consent of Landlord, or make any cuts which in the wallscase of non-structural Alterations will not be unreasonably withheld, ceilingsconditioned or delayed. If Landlord consents to any Alterations, roofsLandlord may impose any conditions it deems reasonably appropriate, including, without limitation, the approval of plans and specifications, supervision of the work by Landlord's architect or floors thereofcontractor (at Tenant's reasonable expense) and, except with respect to Tenant's initial improvements to any Available Space (as hereinafter defined in Paragraph 58.1) which Tenant leases, a fee to Landlord in an amount to be determined by Landlord in its reasonable discretion, but not to exceed five percent (5%) of the hard costs of the Alterations, and satisfactory evidence from Tenant of Tenant's ability to pay for such Alterations (including, but not limited to, a payment or change performance bond with respect to any general contractor and with respect to any subcontractor whose contract(s) exceeds $100,000.00). Whenever Tenant submits plans and specifications to Landlord for Landlord's approval, Landlord shall, within ten (10) business days after Landlord's receipt of same, notify Tenant of any corrections or revisions which Landlord desires to make in said plans and specifications, and Tenant agrees to comply with all such corrections or revisions which Landlord may reasonably require. Notwithstanding the foregoing provisions of this Paragraph 16.2, (a) Landlord's prior written consent with respect to an Alteration shall not be required if such Alteration (i) has an estimated cost to complete of less than Five Thousand Dollars ($5,000), (ii) is not structural, (iii) does not require any governmental approval, (iv) is not visible from the exterior color or architectural treatment of the Demised Premises, without (v) does not burden or cause any material or adverse impact on each occasion first obtaining Building systems or any other space in the consent of LandlordBuilding, and if such consent is granted(vi) at least three (3) business days before commencing the work, Tenant notifies Landlord of the planned Alteration, and (b) Landlord agrees that it shall carry such worker's compensation and general liability insurance and such not unreasonably withhold its consent with respect to a proposed Alteration (i) which involves structural work affecting non-load-bearing structural elements of the Building, (ii) which does not excessively burden or cause any material or adverse impact on Building systems or any other insurance as Landlord may require, naming Landlord as an additional insured. space in the Building (it being agreed that Tenant shall submit correct to Landlord plans and specifications for such work at the time Landlord's satisfaction any impact on Building structural or mechanical components or systems), and (iii) as to which Tenant satisfies all other conditions specified in this Paragraph 16 with respect to such work; provided, however, that in exercising its consent is sought. Any such improvementsright as herein provided, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and it shall be performed and completed by Tenant in an expeditious manner. The cost of such improvementsreasonable for Landlord to take into account all relevant factors, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying requirements of insurance as provided in said Section pertinent loan documents applicable to the Building, and the submission potential impact on insurance ratings, coverage and costs. Within thirty (30) days following completion of (i) Tenant's Work and (ii) any Alterations thereafter which require Landlord's approval hereunder, Tenant shall deliver to Landlord a complete set of the "as-built" plans showing Tenant's Work or Alterations, as applicable, in hard copy and specifications for such alterations or additions and an acceptable (bin Landlord's reasonable opinion) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the consent of the Landlord, which consent electronic version (except that an electronic version shall not be unreasonably withheldrequired if Cafritz Company acts as the construction manager with respect to such Alterations), and in the event that Tenant does not furnish such "as-built" plans within thirty (30) days following completion of the Tenant's Work or Alterations, as applicable, Tenant shall reimburse Landlord for any expenses incurred by Landlord in causing the Building plans to be modified to reflect such Tenant's Work, Alterations or both; provided, however, that Tenant shall not be required to provide Landlord with "as-built" plans with respect to any Alterations which consist solely of the installation of modular furniture, unless a permit is required from the Government of the District of Columbia for the lawful installation of such modular furniture or any affiliated work resulting from such installation.
Appears in 1 contract
Samples: Lease Agreement (National Consumer Cooperative Bank /Dc/)
Alterations by Tenant. Tenant shall not make or cause to be made any improvements, alterations, additions, changes, replacements or installations Section 11 of the Rider to the Demised Premises, or make any cuts Lease is hereby deleted from the Rider and replaced with the following: Notwithstanding anything in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment Section 11 of the Demised Lease to the contrary, in those instances where Tenant is required to seek Landlord's prior written approval for alterations or improvements to the Premises, without on each occasion first obtaining the consent of Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance deliver to Landlord, in advance of any proposed construction, plans, specifications, bid proposals, work contracts and such other insurance information concerning the nature and cost of the alterations or improvements as Landlord may require, naming Landlord as an additional insuredbe reasonably requested by Landlord. Tenant shall submit Deliveries to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed pursuant to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant shall have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations this section shall be subject to the consent terms of the written confidentiality agreement dated December 23, 1997 and previously executed by Landlord and Tenant if designated for such treatment by Tenant at the time of delivery to Landlord. Landlord agrees to respond to Tenant's request for approval within 15 days after receiving such information. Landlord acknowledges that the conduct of Tenant's business and the use of the Premises in connection with Tenant's business are subject to the rules and regulations of the U.S. Food and Drug Administration and other governmental agencies, which consent offices, departments, bureaus and boards. Landlord agrees that it shall not unreasonably withhold or condition its consent for any such approvals to the extent the same are reasonably necessary to cause Tenant or the Premises to be unreasonably withheldin compliance with all laws, rules, orders, ordinances, directives, regulations, and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction over the same ("Legal Requirement"). Nothing in this Lease shall be construed to require Tenant to violate any Legal Requirement, and if it is determined that there are any additional restoration costs associated with any improvements, alterations or additions proposed by Tenant as a result of a Legal Requirement or otherwise, then as a condition of Landlord's approval Tenant may be required to pay Landlord as an additional security deposit an amount equal to the incremental demolition costs (if any) necessary as a result of such improvements, alterations or additions to restore the Premises to a building shell condition. In each instance, such incremental demolition costs shall be determined based on estimates of a third party contractor mutually acceptable to the parties. In addition, and notwithstanding anything in the Lease to the contrary, Tenant shall be obligated, at the Tenant's expense and prior to the expiration of the last day of the Term of the Lease, to (i) remove all trade fixtures, machinery, equipment and personal property installed at the Premises by Tenant, (ii) restore the Premises to a so-called "building shell" condition as existing prior to any alterations or improvements made by Tenant, and (iii) repair any damage to the Premises or the building or property caused by such removal and restoration.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make or cause to be made any improvementsExcept for (i) carpeting, painting and cosmetic alterations, additionsand (ii) non-structural alterations which do not impact or affect any Building systems and do 1iot require plans and/or a building permit, changesneither of which shall require Xxxxxxxx's prior consent, replacements or installations to the Demised PremisesTenant, or make any 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, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit upon written notice to Landlord plans and specifications for such work at the time Landlordwith Xxxxxxxx's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such workwritten consent, which consent shall not be unreasonably umeasonably withheld or delayed. Tenant shall have the right to , may make nonstructural alterations or additions costingalterations, in the aggregate during the Terminstallations, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of improvements in and to the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either at Tenant's sole expense. All such work performed by Tenant shall be performed in compliance with all applicable Requirements. Tenant may make decorations and erect signs within the Demised Premises or not visible from outside the Shopping Center or which would Demised Premises without Xxxxxxxx's prior written consent, and Xxxxxxxx agrees not reduce the Floor Space of unreasonably to withhold its consent to any such decorations and signs that are visible from outside the Demised Premises. All other proposed additions and alterations property of whatever kind or nature in or on the Demised Premises owned, installed or paid for by Tenant shall be subject and remain the property of Tenant and upon the termination of this Lease Tenant shall have the option of removing such property or of sunendering such property to Landlord, in either event without any liability to Landlord. Tenant shall exercise its option by giving written notice to Landlord within thirty (30) days prior to the consent termination of this Lease, as expressly limited herein renewal or extension period. If Tenant shall fail to give such notice or shall fail to remove such property upon termination of this Lease, renewal or extension period, the Landlordprope1iy shall be deemed to be surrendered. Tenant shall repair any damage to the Demised Premises caused by Tenant's removal of its property. All prope1iy and improvement affixed in the Demised Premises, which consent have been paid for by Landlord shall remain Landlord's property throughout the Term and Tenant shall not encumber or allow any lien to be unreasonably withheldplaced thereon provided, however, if any moveable personal property, refuse or rubbish is surrendered, it may be removed by Landlord at Tenant's expense.
Appears in 1 contract
Samples: Lease (Clipper Realty Inc.)
Alterations by Tenant. Tenant may from time to time at its own expense install Leasehold Improvements and alter existing Leasehold Improvements (the “Tenant’s Work”) provided that:
(a) the Tenant’s Work shall not make or cause to be made any improvements, alterations, additions, changes, replacements or installations to commence without the Demised Premises, or make any 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 prior written approval of Landlord, and if such consent is granted, Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed in a good and workmanlike manner in accordance with the approved plans and specifications and in compliance with all Requirements and shall be performed and completed by Tenant in an expeditious manner. The cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to the performance of any such work, which consent approval shall not be unreasonably withheld or delayed. Landlord acknowledges and agrees that its written approval shall include a detailed list of those improvements, including those improvements installed during the Early Occupancy Period, that Landlord will require Tenant to remove at the end of the Term or earlier termination thereof (the “Removable Leasehold Improvements”);
(b) Tenant shall have furnished Landlord with two (2) complete sets of professionally prepared working drawings (which shall include any architectural, structural, electrical, mechanical, computer system wiring and telecommunication plans) of the right proposed Tenant’s Work. Landlord requires that Tenant retain Landlord’s base building mechanical, electrical and structural engineering consultants to make nonstructural alterations ensure compatibility of base building systems and the Tenant’s Work. If Tenant uses other consultants for the preparation of Tenant’s working drawings, then Landlord may elect to retain architects and engineers to review such working drawings for the purpose of approving the proposed Tenant’s Work (it being understood that notwithstanding such approval, Landlord shall have no responsibility with respect to the adequacy of such working drawings). Tenant shall pay on demand to Landlord the costs for the examination of such drawings by either Landlord or additions costingan outside consultant plus an amount equal to fifteen percent (15%) of such costs for overhead;
(c) In addition to any other payment contained in this Article, Tenant shall pay to Landlord, on demand, a fee of eighty cents ($0.80) per square foot of the Square Feet in the Premises for coordination services provided by Landlord during Tenant’s construction of its Tenant’s Work which total cost of said Tenant’s Work exceeds ten thousand dollars ($10,000.00) in the aggregate during as proven by receipted invoices supplied to Landlord;
(d) Landlord shall have approved, prior to commencement of the TermTenant’s Work, not more than $25,000 without the consent of Landlord, provided contractors and subcontractors and their respective labour affiliations;
(ae) Tenant shall otherwise comply have provided prior to the commencement of the Tenant’s Work, performance and payment bonds as well as proof of workers compensation, all risks, builders’ risk, and contractors’ public liability and property damage insurance coverage, with Landlord and any mortgagee, as required by Landlord to be named as additional insureds, in amounts with insurers, and in form reasonably satisfactory to Landlord, which shall remain in effect during the entire period in which the Tenant’s Work will be carried out;
(f) Tenant will deliver a complete list identifying every contractor and sub-contractor, accompanied by an up- to-date valid clearance certificate for each of them issued by the appropriate worker compensation, safety and insurance authority, and Tenant will not use any contractor or permit the use of any sub-contractor that is not identified on the list;
(g) Tenant acknowledges that certain Tenant’s Work may require modification and interfacing with the requirements of Section 7.01 including, but not limited tobase building and its systems and structure. If any proposed Tenant’s Work could affect the structure, the carrying exterior walls or the systems of insurance as the Building, Landlord may require that any such Tenant’s Work be performed by either Landlord or its contractors in which case Tenant shall pay Landlord’s cost and fifteen percent (15%) thereof for overhead;
(h) Tenant shall have provided in said Section and the submission to Landlord a copy of the contract for the Tenant’s Work and evidence satisfactory to Landlord as to the existence of all necessary permits;
(i) Tenant shall perform the Tenant’s Work or cause the Tenant’s Work to be performed: (i) in accordance with any construction methods and procedures manual for the Building; (ii) in accordance with the plans and specifications for such alterations submitted to and approved by Landlord; (iii) in accordance with any conditions, regulations, procedures or additions rules imposed by Landlord; (iv) in compliance with all applicable laws (including occupational health and safety, and workplace hazardous materials information system requirements and legislation); and (bv) such alterations or additions shall, when completed, in a good and workmanlike and expeditious manner using new materials;
(j) Landlord may inspect construction as it proceeds (the onus being on Tenant to advise Landlord whenever any phase has been completed so that an inspection can be of such a character which will not reduce the value, rentability or usefulness made);
(k) upon completion of the Demised Premises or will not affect Tenant’s Work, Tenant shall provide Landlord with a complete set of “as built” drawings for the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space Tenant’s Work; and
(l) if Tenant fails to observe any of the Demised Premisesrequirements of this Article, Landlord may require that construction stop and that the Premises be restored to their prior condition failing which Landlord may do so and Tenant shall pay Landlord’s cost plus fifteen percent (15%) thereof for overhead. All other proposed additions and alterations Any increase in Operating Costs or Taxes attributable to such Tenant’s Work shall be subject to the consent of the Landlord, which consent shall not be unreasonably withheldborne by Tenant.
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Alterations by Tenant. Tenant will not make any change in, or addition to, the Premises without first obtaining, on each occasion, Landlord’s consent in writing as provided below (which consent shall not be unreasonably withheld, delayed or conditioned), and then only at Tenant’s expense, and in a lawful manner and upon such terms and conditions as Landlord, by such writing, shall reasonably approve, which shall include, without limitation, (a) maintenance of insurance in form and substance reasonably satisfactory to Landlord, and (b) compliance with Sections 7.9 and 7.11. Any alteration or addition (other than the Lab Areas) shall be consistent in appearance with the rest of the Building and the Project and shall be made only after duly obtaining (and providing to Landlord copies of) all required permits and licenses from all governmental authorities. Tenant will deliver to Landlord in writing a schedule setting forth the details and location of all such proposed alterations or additions and detailed plans and specifications. The contractor(s) performing the work shall be subject to Landlord’s approval, which will not be unreasonably withheld, conditioned or delayed. If required by Landlord’s lender, Tenant shall not make or cause provide a statutory xxxx xxxx with respect to be made any improvementssuch work. All approved repairs, installations, alterations, additions, changes, replacements additions or installations to the Demised Premises, or make any 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, and if such consent is granted, other improvements made by Tenant shall carry such worker's compensation and general liability insurance and such other insurance as Landlord may require, naming Landlord as an additional insured. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Any such improvements, alterations, additions, changes, replacements or installations will be performed made in a good and workmanlike manner manner, between such commercially reasonable hours as may be approved in accordance with the approved plans and specifications writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and in compliance with all Requirements such a way that utilities will not be interrupted and other tenants and occupants of the Building will not suffer unreasonable inconvenience or interference as determined by Landlord. Tenant’s Invitees shall be performed and completed by Tenant in an expeditious manner. The cost of given such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for work, labor, services or materials claimed reasonable access to have been performed or furnished for or on behalf of Tenant or anyone holding any part other portions of the Demised Premises through Building and the mechanical systems as may be necessary or under Tenantappropriate to perform such work. All contractors Both during and subcontractors performing work in or to the Demised Premises shall be approved by Landlord prior to after the performance of any such work, which consent shall not be unreasonably withheld or delayed. Tenant subject to Section 7.10, Landlord shall have the right free access to make nonstructural alterations or additions costing, any and all mechanical installations in the aggregate during the TermPremises, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, air conditioning, fans, ventilating systems, machine rooms and electrical closets; and, subject to Section 7.10, Tenant shall not construct or permit the carrying installation of insurance as provided partitions and/or other obstructions in said Section the Premises, which might interfere with Landlord’s free access to the Premises or Building, or impede the free flow of air to and the submission to Landlord from air vents and other portions of the plans heating, ventilating and specifications for such alterations air conditioning systems in the Building. Unless Landlord elects otherwise or has agreed otherwise in writing prior to installation, all installations, alterations, additions or improvements in or to the Premises (excluding any laboratory and/or research and (bdevelopment equipment installed by Tenant in or to the Premises) such alterations or additions shallshall be the property of Landlord and shall remain upon, when completedand be surrendered with, be of such a character which will not reduce the value, rentability or usefulness Premises at the end of the Demised Premises Lease Term or will not affect sooner termination of this Lease (i.e. equipment and structures that are permanently affixed (i.e., secured, bolted or piped into the facadewalls, mechanicalfloor or ceiling, electrical such as fume hoods, ice machines and non-modular lab benches with built-in sinks) and any generator or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject equipment secured to the consent of the Landlordroof) provided, which consent shall however, Tenant may remove its purchased manufacturing and laboratory equipment, including but not be unreasonably withheldlimited to its autoclave, bioreactors, centrifuges, HPLC equipment, incubators, shakers, refrigerators, freezers, ultra-low temperature freezers, liquid nitrogen freezers, ovens, stability cabinets, chromatography equipment, pumps, balances, mixers, biosafety cabinets, laminar flow benches, biochemical analyzers, luminometers, plate readers, nephalometers, microscopes, tangential flow filtration equipment, filtration equipment, measuring equipment and metrology equipment.
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