Common use of Alterations by Tenant Clause in Contracts

Alterations by Tenant. (a) The Tenant shall not, without the prior consent of the Landlord, make, erect, alter or install any Leasehold Improvements or other alterations or installations to the Premises (the “Work”). (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 necessary to fully describe the 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 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 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 the 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 Landlord, which shall remain in effect during the entire period in which the Work will be carried out. In addition, if requested by the Landlord, the Tenant shall 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 appropriate workers compensation, safety and insurance authority and the 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 submitted to and approved in writing by the Landlord; (iii) in accordance with any conditions, regulations, procedures or rules imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (v) in a good and workmanlike and expeditious manner using new materials. (i) If the Tenant fails to observe any of the requirements of this Article, the Landlord may in its sole discretion require that construction stop and, at the Landlord’s option, that the Premises be restored to their prior condition failing which the Landlord 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 and architectural drawings for changes made subsequent to occupancy for the affected area of the Premises.

Appears in 1 contract

Samples: Lease Agreement

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Alterations by Tenant. Tenant may from time to time at its own expense make changes, additions and improvements in the Premises to better adapt the same to its business, provided that any such change, addition or improvement shall: (a) The Tenant shall not, without comply with the prior consent requirements of the Landlord, make, erect, alter 's insurer and any governmental or install any Leasehold Improvements or other alterations or installations to the Premises (the “Work”).quasi-governmental authority having jurisdiction; (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 necessary to fully describe the 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 comply 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.requirements set forth in Schedule E; (c) Subject be made only with the prior written consent of the Landlord after detailed plans and specifications therefore have been submitted 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 equal or exceed the Landlord so elects, be performed by then current standard for 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 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 the 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.Building; (e) Unless 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 has elected pursuant to subparagraph (d) to perform the Workdirectly or indirectly including Landlord's other tenants, 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 contractors and approving the Tenant’s plans, specifications subcontractors 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.their trade union affiliations; and (f) The Tenant shall provideif required by Landlord, prior deliver to the Landlord before commencement of Work, evidence of required workers compensation coverage the work performance and payment bonds as well as proof of owner workers' compensation and contractors protective public liability and property damage insurance coverage, with the Landlord, Kemptville Campus Education and Community Centre, any property manager and any Mortgagee as required by the Landlord, to be Landlord named as an additional insuredsinsured, in amounts, with insurerscompanies, and in a form reasonably satisfactory to the Landlord, which shall remain in effect during the entire period in which the Work work will be carried out. Any increase in property taxes or fire or casualty insurance premiums for the Building attributable to such change, addition or improvement shall be borne by the Tenant. In addition, Tenant shall pay Landlord 15% of the cost of such work (or, if requested 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, Landlord under written contract with the Tenant shall provide proof of performance and payment bonds being at the Tenant's sole expense under contract to Landlord only and by agreement in placewriting: (a) all approved work relating to heating, cooling, ventilation, exhaust, control, electrical distribution and life safety systems; (gb) The Tenant will deliver a list identifying every contractor and subcontractor, accompanied by an up-to-date valid clearance certificate for each patching of them issued by the appropriate workers compensation, safety and insurance authority and the 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 permitsBuilding standard fireproofing; (hc) The Tenant shall perform any drilling, cutting, coring and patching for conduit, pipe sleeves, chases, duct equipment, or openings in the Work floors, walls, columns or cause roofs of 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 submitted to and which is approved in writing by the Landlord; (iii) in accordance with any conditions, regulations, procedures or rules imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (v) in a good and workmanlike and expeditious manner using new materials.and (id) If the Tenant fails to observe any installation of the requirements of this Article, the Landlord may in its sole discretion require that construction stop and, at the Landlord’s option, that the Premises be restored to their prior condition failing which the Landlord 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 approved modifications to the Landlord a complete updated drawing set for the Premises including without limitation all electrical, mechanical and architectural drawings for changes made subsequent to occupancy for the affected area of the Premisessprinkler system.

Appears in 1 contract

Samples: Lease of Office Space (Securac Corp)

Alterations by Tenant. (a) The It is understood and agreed that Tenant, at its expense, will alter and remodel the premises to Tenant's standards to convert the building to a Xxxxxxxx'x Buffet restaurant. Tenant shall notsubmit to the Landlord for the Landlord's consent plans and specifications for Tenant's alterations and improvements (the "Plans"), such 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 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 the Landlord. Even if Landlord's consent is not required, make, erect, alter or install any Leasehold Improvements or other alterations or installations to the Premises (the “Work”). (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 necessary to fully describe the Work. The Landlord’s consent thereto shall not be unreasonably withheld or delayed; provided that, without limitation, give Landlord prior written notice specifying 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 work to be an unreasonable withholding of done. If Landlord grants its consent. (c) Subject to the Landlord’s consent having been obtained and the Landlord’s , Landlord may impose 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 a condition of such Work will be promptly paid by consent including without limitation the Tenant to the Landlord on the basis submission of either:‌ (i) a lump sum price agreed to by the Landlord plans and the Tenant; or, (ii) the cost of such Work plus ten percent (10%) specifications for Landlord’s overhead plus ten percent 's prior written approval, obtaining necessary permits, obtaining insurance, prior approval of contractor (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 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 the 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 Landlord, which shall remain in effect during the entire period in which the Work will be carried out. In addition, if requested by the Landlord, the Tenant shall 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 appropriate workers compensation, safety and insurance authority and the 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 requirements as to the existence of all necessary permits; (h) The Tenant manner and times in which such work 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 submitted to and approved in writing by the Landlord; (iii) in accordance with any conditions, regulations, procedures or rules imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (v) done. All work shall be performed in a good and workmanlike manner and expeditious manner using new materials. shall be in accordance with plans and specifications (i) approved by Landlord if approval is required by the above provisions). If the Tenant fails to observe any of such work may affect the requirements structure of this Articlethe Building or interfere with Building systems or operation, the Landlord may in its sole discretion require that construction stop andsuch work be performed under Landlord's supervision (but at no additional cost to Tenant for such supervision). Notwithstanding the foregoing, at upon expiration of the Landlord’s optionTerm or earlier termination of the Lease, that Tenant may remove all of its personal property, furniture and fixtures from the Premises, repairing any damage caused to the Premises be restored to their prior condition failing which the Landlord may do so and the Tenant shall pay the Landlord’s cost plus an administration fee of fifteen percent (15%)by such removal. (j) The Tenant shall provide to the Landlord a complete updated drawing set for the Premises including without limitation all electrical, mechanical and architectural drawings for changes made subsequent to occupancy for the affected area of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Family Steak Houses of Florida Inc)

Alterations by Tenant. (a) The A. Making of Alterations; Landlord’s Consent: Tenant shall not, not make or permit to be made any Alterations without the prior written consent of Landlord both as to whether the LandlordAlterations may be made and as to how and when they will be made, make, erect, alter or install any Leasehold Improvements or other alterations or installations to the Premises (the “Work”). (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 necessary to fully describe the Work. The Landlord’s consent thereto which approval shall not be unreasonably withheld withheld, conditioned or delayed; provided thatdelayed 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, without limitationby its contractors and subcontractors and in accordance with complete plans and specifications approved in advance in writing by Landlord, any refusal and only after Tenant: (i) has obtained all necessary permits from governmental authorities having jurisdiction and has furnished copies thereof to grant consent based on grounds that such Work is not in compliance with the Building Standard or Landlord, (ii) has submitted to Landlord an architect’s certificate that the Tenant Alterations will conform to all applicable laws and regulations, and (iii) has not posted security complied with the Landlord shall be conclusively deemed not to be an unreasonable withholding of consent. (c) Subject 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 having been obtained to any Alterations and approval of any plans and specifications constitutes approval of no more than the Landlord’s reasonable requirements (including concept of these Alterations and not a representation or warranty with respect to the posting quality or functioning of reasonable securitysuch Alterations, if requested) being metplans and specifications. Tenant shall be and is solely responsible for the Alterations and for the proper integration thereof with the Building, the Landlord recognizes the right of the Tenant to install such interior partitions Building’s systems 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 engagedexisting conditions. 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 right, but not the obligation, to inspect such Work and require supervise the making of 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 Alterations. If any Alterations are made without the lack prior written consent 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 or which do not conform 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 Landlord, which shall remain in effect during the entire period in which the Work will be carried out. In addition, if requested by the Landlord, the Tenant shall 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 appropriate workers compensation, safety and insurance authority and the 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 submitted approved by Landlord or to and approved in writing by the Landlord; (iii) in accordance with any conditions, regulations, procedures or rules other conditions imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (v) in a good and workmanlike and expeditious manner using new materials. (i) If the Tenant fails Landlord pursuant to observe any of the requirements of this ArticleSection, the Landlord may may, in its sole discretion require that construction stop anddiscretion, correct or remove such Alterations at Tenant’s expense. Following completion of any Alterations, at the Landlord’s optionrequest, that the Premises be restored Tenant either shall deliver to their prior condition failing which the Landlord 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 of “as built” plans showing the Alterations or shall reimburse Landlord for any expense incurred by Landlord in causing the Premises including without limitation all electrical, mechanical and architectural drawings for changes made subsequent Building plans to occupancy for be modified to reflect the affected area of the PremisesAlterations.

Appears in 1 contract

Samples: Lease Agreement (Learning Tree International Inc)

Alterations by Tenant. Other than (ai) The 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, without the prior consent of the Landlord, not make, erect, alter install or install any Leasehold Improvements erect in or other alterations or installations to the 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 “Work”Building or Building Complex other than within the Premises as shown in the Final Plans approved pursuant to the Work Plan). (b) If the Tenant wishes to do any Work. Furthermore, the Tenant shall apply for the obtain Landlord’s 's prior written consent, which consent and furnish such plans, specifications and designs as shall be necessary to fully describe the Work. The Landlord’s consent thereto shall not be unreasonably withheld or delayed; provided that, 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 refusal to grant consent based on grounds that such Work is not in compliance with lien against the Building Standard Building, Premises or that the Property arising from any labor, materials or other claims against Tenant has not posted security with the Landlord shall be conclusively deemed not or work or materials ordered by or for Tenant. Tenant shall, at its own cost and expense, take out or cause to be an unreasonable withholding taken out any additional insurance reasonably required by Landlord to protect Landlord's, the mortgagee's and Tenant's interest during the period of consent. (c) Subject alteration, to the Landlord’s consent having been obtained 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 Landlord’s reasonable requirements (including the posting of reasonable security, if requested) being met, the Landlord recognizes the right names and addresses of the Tenant to install such interior partitions persons supplying labor and other Leasehold Improvements as are necessary or appropriate to its use and occupancy 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. (d) Any Work shall, if the Landlord so elects, be performed by the Landlord or contractors which the Landlord, using or 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 Landlordrepresentatives, 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 go upon and inspect the Promises at all reasonable times, and shall have the right to post and keep posted thereon notices such Work and require as those provided for by Section 38-22-105(2) C.R.S. (1973) or to take any Work not being properly done further commercially reasonable action which Landlord may deem to be corrected, and to approve on a reasonable basis (which may include considerations involving trade union affiliations or the 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 Landlord, which shall remain in effect during the entire period in which the Work will be carried out. In addition, if requested by the Landlord, the Tenant shall 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 appropriate workers compensation, safety and insurance authority and the 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 proper for the Work and evidence satisfactory to the Landlord as to the existence protection of all necessary permits; (h) The Tenant shall perform the Work or cause the Work to be performed: (i) Landlord's interest in accordance with any construction methods and procedures manual for the [●] Building or the Development; (ii) in accordance with the plans and specifications submitted to and approved in writing by the Landlord; (iii) in accordance with any conditions, regulations, procedures or rules imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (v) in a good and workmanlike and expeditious manner using new materials. (i) If the Tenant fails to observe any of the requirements of this Article, the Landlord may in its sole discretion require that construction stop and, at the Landlord’s option, that the Premises be restored to their prior condition failing which the Landlord 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 and architectural drawings for changes made subsequent to occupancy for the affected area of the Premises.

Appears in 1 contract

Samples: Office Lease (Sm&a Corp)

Alterations by Tenant. The Tenant 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 improvement shall: (a) The Tenant shall notcomply 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 plans and specifications 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 consent written approval of the Landlord, makeall at the expense of the Tenant, erectand should the Landlord provide its written approval, alter or install any Leasehold Improvements or other alterations or installations to the Premises (the “Work”). (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 necessary to fully describe the Work. The Landlord’s consent thereto approval shall not be unreasonably withheld or delayed; provided that, without limitation, any refusal deemed to grant consent based on grounds that such Work is not in compliance with the Building Standard or 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 has not posted security (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 shall be conclusively deemed not to be an unreasonable withholding (the "Landlord's Contractors"). A list 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.'s Contractors is available upon request; (d) Any Work 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 writing by the Landlord who 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 required by the Landlord, such Work may be performed by contractors retained by the Tenant pursuant deliver 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 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 the lack of them and work jurisdiction, where in the opinion before commencement of the Landlord there is a risk of labour disputes which might adversely affect the Landlord) the contractorswork, tradesmen or the Tenant’s own employees (performance and payment bonds 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 well as proof of owner workers' compensation and contractors protective public liability and property damage insurance coverage, with the Landlord, Kemptville Campus Education Landlord and Community Centre, any property manager and any Mortgagee as required by the Landlord, to be 's Agent and nominee (if any) named as additional insureds, in amounts, with insurers, companies and in a form reasonably satisfactory to the Landlord, which shall remain in effect during the entire period in which the Work work will be carried out. In addition, if requested by the Landlord, ; and (f) be made only after the Tenant shall 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 appropriate workers compensation, safety and insurance authority and the 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 has 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 requisite permits and licenses and any construction methods and procedures manual for the [●] Building or the Development; (ii) in accordance with the plans and specifications submitted to and approved in writing other information reasonably required by the Landlord; (iii) in accordance with any conditions. Upon completion of such change, regulations, procedures addition or rules imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (v) in a good and workmanlike and expeditious manner using new materials. (i) If the Tenant fails to observe any of the requirements of this Articleimprovement, the Landlord may in its sole discretion require that construction stop and, at the Landlord’s option, that the Premises be restored to their prior condition failing which the Landlord 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 as-built drawings and/or a complete updated drawing set for CAD disk of same in a format useable by the Premises Landlord, together with evidence satisfactory to the Landlord of a final inspection of such change, addition or improvement (including without limitation all electrical, inspection of mechanical and architectural drawings electrical systems where applicable) by the authority which issued the permit or license for changes made subsequent to occupancy for the affected area of the Premisessame.

Appears in 1 contract

Samples: Lease Agreement (SmartCool Systems, Inc.)

Alterations by Tenant. (a) 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 to be unreasonably withheld or delayed. The Tenant shall notmake no alterations, without the prior consent of the Landlord, make, erect, alter additions or install any Leasehold Improvements improvements in or other alterations or installations to the Premises (without first submitting to the “Work”). (b) If Landlord plans and specifications therefore in such detail as the Tenant wishes to do any Work, the Tenant shall apply for Landlord may reasonably require and obtaining the Landlord’s consent and furnish such plans, specifications and designs as shall be necessary to fully describe the Work's prior written consent. The Landlord’s Landlord agrees that its consent thereto shall not be unreasonably withheld or delayed; provided thatdelayed for interior, without limitationnonstructural alterations, any refusal to grant consent based on grounds that such Work is not in compliance additions and improvements consistent 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 use of the Tenant Premises as contemplated hereby; any such consent to install such interior partitions interior, nonstructural alterations, additions and other Leasehold Improvements as are necessary or appropriate to its use and occupancy of the Premises. (d) Any Work shallimprovements, if the Landlord so elects, be performed by advises the Landlord or contractors which Tenant at the Landlord, using its best judgment has engaged. The cost time of such Work will consent, may 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 conditioned upon the Tenant; or, (ii) 's being obligated to remove the cost same at the expiration or termination of this Lease and to restore the Premises to their condition prior to such Work plus ten percent (10%) for Landlord’s overhead plus ten percent (10%) of such cost alterations, additions and overhead for Landlord’s profitimprovements. In the absence Upon completion of any such election by the Landlordalterations, 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 eventadditions or improvements, the Landlord shall have the right to 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 the 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 deliver "as built" plans 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 Landlord, which shall remain in effect during the entire period in which the Work will be carried out. In addition, if requested by the Landlord, the Tenant shall 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 appropriate workers compensation, safety and insurance authority and the 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 promptly pay when due the Landlord a copy entire cost of any work undertaken such that the contract for Premises shall at all times be free of mechanics and materialmen's liens or claims. All work undertaken by 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) accomplished in accordance with any construction methods all applicable laws and procedures manual for the [●] Building or the Development; (ii) in accordance with the plans and specifications submitted to and approved in writing by the Landlord; (iii) in accordance with any conditions, regulations, procedures or rules imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (v) in a good and workmanlike and expeditious manner manner, using new first class materials. (i) If . Notwithstanding the Tenant fails to observe any of foregoing, Landlord's consent shall not be required for nonstructural alterations which do not affect the requirements of this Articlebase building HVAC, the Landlord may in its sole discretion require that construction stop and, at the Landlord’s option, that the Premises be restored to their prior condition failing which the Landlord 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 and architectural drawings for changes made subsequent plumbing systems having a cost of up to occupancy for the affected area of the Premises$20,000.

Appears in 1 contract

Samples: Lease Agreement (Nitromed Inc)

Alterations by Tenant. (a) The Tenant shall not, without erect no signs (other than one at the prior consent driveway to the Building and on the facade of the LandlordBuilding, make, erect, alter or install any Leasehold Improvements or other alterations or installations subject to approval of the Premises (the “Work”). (b) If the Tenant wishes Landlord with respect to do any Work, the Tenant shall apply for the Landlord’s consent and furnish such plans, specifications and designs as shall be necessary to fully describe the Work. The Landlord’s consent thereto location [which approval shall not be unreasonably withheld withheld, conditioned or delayed; provided that] and subject to any applicable ordinances related to signs as promulgated by the Town of Tewksbury) and shall make no alterations, additions or improvements in or to any portion of the Premises without limitation, any refusal to grant the Landlord's prior written 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 subject to the Landlord’s provisions of this Paragraph 12, which 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 shall not to be unreasonably withheld) and are subject to all reasonable conditions which the Landlord imposes, conditioned or delayed. In either eventconnection therewith, the Landlord shall have ten days, from receipt of written notice from the right to inspect such Work and require any Work not being properly done to be correctedTenant detailing the proposed alterations, and to approve on a reasonable basis (which may include considerations involving trade union affiliations or reject the lack of them and work jurisdiction, where in the opinion of the same. 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 shall be deemed to subparagraph (d) have given his approval to perform the Work, the Tenant any proposed alterations unless he shall pay have objected to the Landlord, same within ten (10) days after the receipt time set forth herein. As part 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 request for 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 Landlord, which shall remain in effect during the entire period in which the Work will be carried out. In addition, if requested by the Landlordconsent, the Tenant shall 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 appropriate workers compensation, safety and insurance authority and the Landlord shall have approvedwith 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, prior to commencement additions or improvements), reasonable evidence of suitable insurance and, xxxx xxxxx or other suitable assurances of the Work, such contractors Tenant's obligation and subcontractors wherewithal to complete the same at no expense to the Landlord and their respective labour affiliationswithout 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 will hereunder, its consent shall not use any contractor or permit 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 sub-contractor that is not identified on 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 list. The Tenant shall have provided to the Landlord a copy end 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 submitted to and approved in writing by Lease Term provided the Landlord; (iii) , in accordance with any conditionshis sole discretion, regulations, procedures or rules imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (v) in a good and workmanlike and expeditious manner using new materials. (i) If the Tenant fails determines such improvements will impair his ability to observe any of the requirements of this Article, the Landlord may in its sole discretion require that construction stop and, at the Landlord’s option, that re-let the Premises be restored to their prior condition failing which the Landlord may do so and the Tenant shall pay the Landlord’s cost plus an administration fee of fifteen percent (15%)another tenant. (j) The Tenant shall provide to the Landlord a complete updated drawing set for the Premises including without limitation all electrical, mechanical and architectural drawings for changes made subsequent to occupancy for the affected area of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Avici Systems Inc)

Alterations by Tenant. (a) The A. Making of Alterations; Landlord's Consent; Beaumeade Association's Consent: Tenant shall not, not make or permit to be made any Alterations without the prior written consent of Landlord both as to whether the Landlord, make, erect, alter or install any Leasehold Improvements or other alterations or installations Alterations may be made and as to the Premises (the “Work”). (b) If the Tenant wishes to do any Work, the Tenant shall apply for the Landlord’s how and when they will be made which consent and furnish such plans, specifications and designs as shall be necessary to fully describe the Work. The Landlord’s consent thereto 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 that, without limitation, any refusal to grant consent based on grounds that such Work is not in compliance with the Building Standard or however that the Tenant has not posted security with the consent of Landlord shall not be conclusively deemed 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 to be an unreasonable withholding visible from outside of consent. 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 (c10) Subject 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 Landlord’s consent having been obtained performance of Alterations. Any Alterations shall be made at Tenant's expense by its contractors and the Landlord’s reasonable requirements (including the posting of reasonable security, if requested) being met, the subcontractors and in accordance with complete plans and specifications approved in advance in writing by 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:‌only after Tenant: (i) a lump sum price agreed has obtained all necessary permits from governmental authorities having jurisdiction and has furnished copies thereof to by the Landlord and the Tenant; or, Landlord, (ii) has submitted to Landlord an architect's certificate that the cost 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 Work plus ten percent (10%) Alterations plans and specifications. Tenant shall be and is solely responsible for Landlord’s overhead plus ten percent (10%) of such cost the Alterations and overhead for Landlord’s profitthe proper integration thereof with the Building the Building's systems and existing conditions. 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 but not the obligation to inspect supervise the making of any Alterations, if any Alterations are made without the prior written consent of Landlord or the Beaumeade Association, 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 Work and require any Work nonconformity is not being properly done fully corrected by Tenant within fifteen (15) days after notice from Landlord to Tenant or such shorter notice period as Landlord in good faith reasonably believes to be correctednecessary in order to comply with the requirements of any applicable law governmental regulation or insurance company requirement, then Landlord may in its sole discretion correct or remove such Alterations at Tenant's expense. Following completion of 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 Premises are subject to the prior review and approval of the Beaumeade Association, which 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 take all necessary steps to approve on a reasonable basis (which may include considerations involving trade union affiliations ensure that no mechanic's or materialmen's liens are filed against the Premises, the Building or the lack Land as a result 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 any Alterations made by 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 . If any mechanic's lien is filed Tenant shall pay to discharge the Landlord, lien within ten (10) days after thereafter at Tenant's expense, by paying off or bonding 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 Worklien. (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 Landlord, which shall remain in effect during the entire period in which the Work will be carried out. In addition, if requested by the Landlord, the Tenant shall 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 appropriate workers compensation, safety and insurance authority and the 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 submitted to and approved in writing by the Landlord; (iii) in accordance with any conditions, regulations, procedures or rules imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (v) in a good and workmanlike and expeditious manner using new materials. (i) If the Tenant fails to observe any of the requirements of this Article, the Landlord may in its sole discretion require that construction stop and, at the Landlord’s option, that the Premises be restored to their prior condition failing which the Landlord 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 and architectural drawings for changes made subsequent to occupancy for the affected area of the Premises.

Appears in 1 contract

Samples: Deed of Lease (Equinix Inc)

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Alterations by Tenant. (a) The Section 11 of the Rider to the Lease is hereby deleted from the Rider and replaced with the following: Notwithstanding anything in Section 11 of the 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, Tenant shall notdeliver to Landlord, without in advance of any proposed construction, plans, specifications, bid proposals, work contracts and such other information concerning the prior consent nature and cost of the Landlord, make, erect, alter or install any Leasehold Improvements or other alterations or installations improvements as may be reasonably requested by Landlord. Deliveries to Landlord pursuant to this section shall be subject to the 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 “Work”). (b) If rules and regulations of the Tenant wishes U.S. Food and Drug Administration and other governmental agencies, offices, departments, bureaus and boards. Landlord agrees that it shall not unreasonably withhold or condition its consent for any such approvals to do any Work, the Tenant shall apply for extent the Landlord’s consent and furnish such plans, specifications and designs as shall be same are reasonably necessary to fully describe cause Tenant or the Work. The Landlord’s consent thereto shall not Premises to 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 all laws, rules, orders, ordinances, directives, regulations, and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction over the Building Standard or that the Tenant has not posted security with the Landlord same ("Legal Requirement"). Nothing in this Lease shall be conclusively deemed not 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 unreasonable withholding of consent. (c) Subject additional security deposit an amount equal to the Landlord’s consent having been obtained and the Landlord’s reasonable requirements incremental demolition costs (including the posting of reasonable security, if requestedany) being met, the Landlord recognizes the right of the Tenant to install such interior partitions and other Leasehold Improvements necessary 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 a result of such Work will improvements, alterations or additions to restore the Premises to a building shell condition. In each instance, such incremental demolition costs shall be promptly paid by the Tenant determined based on estimates of a third party contractor mutually acceptable 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 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 the 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 Landlord, which shall remain in effect during the entire period in which the Work will be carried outparties. In addition, if requested by and notwithstanding anything in the LandlordLease to the contrary, the Tenant shall provide proof of performance be obligated, at the Tenant's expense 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 appropriate workers compensation, safety and insurance authority and the Landlord shall have approved, prior to commencement the expiration 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 last day of the contract for Term of the Work and evidence satisfactory Lease, 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 remove all trade fixtures, machinery, equipment and procedures manual for personal property installed at the [●] Building or the Development; Premises by Tenant, (ii) in accordance with restore the plans Premises to a so-called "building shell" condition as existing prior to any alterations or improvements made by Tenant, and specifications submitted to and approved in writing by the Landlord; (iii) in accordance with repair any conditions, regulations, procedures or rules imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (v) in a good and workmanlike and expeditious manner using new materials. (i) If the Tenant fails damage to observe any of the requirements of this Article, the Landlord may in its sole discretion require that construction stop and, at the Landlord’s option, that the Premises be restored to their prior condition failing which or the Landlord may do so building or property caused by such removal and the Tenant shall pay the Landlord’s cost plus an administration fee of fifteen percent (15%)restoration. (j) The Tenant shall provide to the Landlord a complete updated drawing set for the Premises including without limitation all electrical, mechanical and architectural drawings for changes made subsequent to occupancy for the affected area of the Premises.

Appears in 1 contract

Samples: Lease Agreement (North American Vaccine Inc)

Alterations by Tenant. (a) The Tenant shall not, without the prior consent of the Landlord, make, erect, alter or install not make any Leasehold Improvements or other alterations or installations to the Premises (the “Work”). (b) If the Tenant wishes to do any Work, the Tenant shall apply for the without obtaining Landlord’s prior written consent, which consent and furnish such plans, specifications and designs as shall be necessary to fully describe the Work. The Landlord’s consent thereto shall not be unreasonably withheld as to non-structural alterations. Tenant shall not need landlord’s consent for minor items such as painting, carpeting, flooring, shelving, etc. Any and all alterations, additions, or delayed; provided thatother improvements made by Tenant, with or without the consent of Landlord, regardless of how attached (except movable trade fixtures), shall become immediately upon installation and thereafter remain the property of Landlord, without limitationcompensation therefore to Tenant, any refusal to grant consent based on grounds that such Work is not unless otherwise agreed 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 writing by Landlord’s consent having been obtained and the Landlord’s reasonable requirements (including the posting of reasonable security; provided, if requested) being methowever, 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 inspect require that Tenant, upon the termination or at the expiration of this lease, remove any or all such Work alterations, additions and require any Work not being properly done improvements and restore the Premises to be correctedtheir original condition, normal wear and to approve on a reasonable basis (which may include considerations involving trade union affiliations or the lack of them and work jurisdictiontear excepted, where unless such right has been waived in the opinion of the Landlord there is a risk of labour disputes which might adversely affect the writing by 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 be able to remove Tenant fixtures at the Landlord, within ten (10) days after the receipt termination 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 this lease. Tenant shall provideprovide Landlord with the identities and mailing addresses of all persons performing work or supplying materials, 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 insurersbeginning such construction, and in a form Landlord may post on and about the 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 Landlordcompletion of all work free and clear of liens and shall provide certificates of insurance for worker’s compensation and other coverage in amounts and 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, which shall remain in effect during the entire period in which the Work will be carried out. In addition, if requested by the Landlord, the Tenant shall 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 appropriate workers compensation, safety and insurance authority and the 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 performedLandlord: (i) in accordance with any construction methods sworn statements setting forth the names of all contractors and procedures manual for subcontractors who did work on the [●] Building or the DevelopmentTenant-Made Alterations and final lien waivers from all such contractors and subcontractors; and (ii) in accordance with the accurate, reproducible "as-built" plans and specifications submitted to and approved in writing by the Landlord; (iii) in accordance with for any conditions, regulations, procedures or rules imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (v) in a good and workmanlike and expeditious manner using new materialsTenant-Made Alterations. (i) If the Tenant fails to observe any of the requirements of this Article, the Landlord may in its sole discretion require that construction stop and, at the Landlord’s option, that the Premises be restored to their prior condition failing which the Landlord 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 and architectural drawings for changes made subsequent to occupancy for the affected area of the Premises.

Appears in 1 contract

Samples: Lease Agreement

Alterations by Tenant. (a) The Tenant shall notmay not make any alterations, --------------------- additions or changes to the structural portions of the Premises, the exterior of the Building or the exterior portion of the Building Complex, the roof, the mechanical systems, HVAC, elevator or plumbing systems, without the prior consent of the Landlord, make, erect, alter or install any Leasehold Improvements or other alterations or installations to the Premises (the “Work”). (b) If the Tenant wishes to do any Work, the Tenant shall apply for the Landlord’s which consent and furnish such plans, specifications and designs as shall be necessary to fully describe the Work. The Landlord’s consent thereto shall not be unreasonably withheld or delayed; provided that. 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 not make, install or erect in or to the any other portion of the Premises any installations, alterations, additions or partitions without limitationsubmitting the drawings and specifications to the Landlord and to the extent such alteration which constitutes a single integrated work of improvement equals or exceeds $25,000.00 in cost, Tenant shall 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 refusal change or changes in such drawings or specifications submitted as aforesaid, subject to grant consent 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 grounds that such Work is not in compliance with 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 Building Standard 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 that for 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 competent workmen whose labor union affiliations are not incompatible with those of any such election workmen who may be employed in Building Complex by the Landlord, such Work may be performed by its contractors retained 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 pursuant to written contracts which have been approved by or for the Landlord (such approval not to be unreasonably withheld) and are subject to all reasonable conditions cost of which the Landlord imposes. In either eventTenant may be in any obligated, the Landlord to attach to Premises and that whenever and so often as any such liens shall have the right to inspect such Work and require any Work not being properly done to attach or claims therefor shall be corrected, and to approve on a reasonable basis (which may include considerations involving trade union affiliations or the 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 Workfiled, the Tenant shall pay to the Landlordshall, within ten thirty (1030) days after the receipt 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’s invoice. The Tenant shall, the Landlord’s reasonable out-of-pocket costs incurred in examining at its own cost and approving the Tenant’s plansexpense, specifications and designs and in inspecting the Work and take out or cause to be taken out any additional expenses actually incurred insurance or bonds reasonably required by the Landlord in connection with such Work together with a coordination to protect the Landlord's and supervision fee equal to ten percent the Tenant's interest during the period of alteration. Tenant, at least twenty (10%20) of the total cost to the Tenant of such Work. (f) The Tenant shall provide, days 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 Landlord, which shall remain in effect during the entire period in which the Work will be carried out. In addition, if requested by the Landlord, the Tenant shall 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 appropriate workers compensation, safety and insurance authority and the 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 installation of any sub-contractor that is not identified on the list. The Tenant shall have provided alteration and subsequent to the Landlord a copy review and approval 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 submitted by Landlord, may request Landlord to and approved advise Tenant in writing by whether Landlord reserves the Landlord; (iii) in accordance with right to require Tenant to remove any conditions, regulations, procedures Alterations from the Premises upon termination or rules imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (v) in a good and workmanlike and expeditious manner using new materials. (i) If the Tenant fails to observe any expiration of the requirements of this Article, the Landlord may in its sole discretion require that construction stop and, at the Landlord’s option, that the Premises Lease which notice shall be restored delivered to their prior condition failing which the Landlord may do so and the Tenant shall pay the Landlord’s cost plus an administration fee of within fifteen percent (15%)) days of receipt of such request from Tenant. (j) The Tenant shall provide to the Landlord a complete updated drawing set for the Premises including without limitation all electrical, mechanical and architectural drawings for changes made subsequent to occupancy for the affected area of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Fund Viii Lp)

Alterations by Tenant. (a) The Tenant shall not, without the prior consent of the Landlord, make, erect, alter or install any Leasehold Improvements or other alterations or installations to the Premises (the "Work"). (b) If the Tenant wishes to do any Work, the Tenant shall apply for the Landlord’s 's consent and furnish such plans, specifications and designs as shall be necessary to fully describe the Work. The Landlord’s '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 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 's consent having been obtained and the Landlord’s '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 employees 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 who have been designated by the Landlord and who have contracted directly with the Tenant; or, (ii) the cost of Tenant and agreed to carry out such Work plus ten percent (10%) for Landlord’s overhead plus ten percent (10%) of such in a good and workmanlike manner and at a cost and overhead for Landlord’s profitto 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 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 the 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 '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 The Tenant shall pay to the Landlord, within ten (10) 10 days after the receipt of the Landlord’s 's invoice, the Landlord’s 's reasonable out-of-pocket costs incurred in examining and approving the Tenant’s '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 WorkWork (provided that the Landlord agrees that such fee shall not be payable 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 shall provideagrees that it will, prior 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 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 Landlord, which shall remain in effect during the entire period in which the Work will be carried out. In addition, if requested by the Landlord, the Tenant shall 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 appropriate workers compensation, safety and insurance authority and the 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 submitted to and approved in writing by the Landlord; (iii) in accordance with any conditions, regulations, procedures or rules imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (v) in a good and workmanlike and expeditious manner using new materialsTerm. (i) If the Tenant fails to observe any of the requirements of this Article, the Landlord may in its sole discretion require that construction stop and, at the Landlord’s option, that the Premises be restored to their prior condition failing which the Landlord 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 and architectural drawings for changes made subsequent to occupancy for the affected area of the Premises.

Appears in 1 contract

Samples: Lease (E Cruiter Com Inc)

Alterations by Tenant. The Tenant 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 improvement shall: (a) The Tenant shall not, without comply with the requirements of the Landlord's insurers and any governmental or municipal authority having jurisdiction; (b) be made only after detailed plans and specifications therefor have been submitted to the Landlord arid received the prior written consent of the Landlord, make, erect, alter or install any Leasehold Improvements or other alterations or installations to the Premises (the “Work”). (b) If and the Tenant wishes to do any Work, the Tenant shall apply for acknowledges that the Landlord’s 's consent and furnish such plans, specifications and designs as shall be necessary to fully describe the Work. The Landlord’s consent thereto shall does not be unreasonably withheld or delayed; provided that, without limitation, mean that 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 alterations made by the Tenant to the Landlord on 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 basis expense of either:‌ (i) a lump sum price agreed to 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 and (the Tenant; or,"Landlord's Contractors"). A list of the Landlord's Contractors is available upon request; (iic) equal or exceed the cost of such Work plus ten percent then current standard for the Building; (10%d) for Landlord’s overhead plus ten percent (10%) of such cost be carried out in a good and overhead for Landlord’s profit. In workmanlike manner and only by Persons selected by the absence of any such election Tenant and approved in writing by the Landlord who shall, if required by the Landlord, such Work may be performed by contractors retained by the Tenant pursuant deliver 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 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 the lack of them and work jurisdiction, where in the opinion before commencement of the Landlord there is a risk of labour disputes which might adversely affect the Landlord) the contractorswork, tradesmen or the Tenant’s own employees (performance and payment bonds 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 well as proof of owner workers' compensation and contractors protective public liability and property damage insurance coverage, with the Landlord, Kemptville Campus Education Landlord and Community Centre, any property manager and any Mortgagee as required by the Landlord, to be 's agent and nominee (if any) named as additional insureds, in amounts, with insurers, companies and in a form reasonably satisfactory to the Landlord, which shall remain in effect during the entire period in which the Work work will be carried out. In addition, if requested by the Landlord, ; and (e) be made only after the Tenant shall 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 appropriate workers compensation, safety and insurance authority and the 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 has 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 requisite permits and licences and any construction methods and procedures manual for the [●] Building or the Development; (ii) in accordance with the plans and specifications submitted to and approved in writing other information reasonably required by the Landlord; (iii) in accordance with any conditions. Upon completion of such change, regulations, procedures addition or rules imposed by the Landlord; (iv) in compliance with all Applicable Laws; and (v) in a good and workmanlike and expeditious manner using new materials. (i) If the Tenant fails to observe any of the requirements of this Articleimprovement, the Landlord may in its sole discretion require that construction stop and, at the Landlord’s option, that the Premises be restored to their prior condition failing which the Landlord 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 as-built drawings and/or a complete updated drawing set for CAD disk of same in a format useable by the Premises Landlord, together with evidence satisfactory to the Landlord of a final inspection of such change, addition or improvement (including without limitation all electrical, inspection of mechanical and architectural drawings electrical systems where applicable) by the authority which issued the permit or licence for changes made subsequent to occupancy for the affected area of the Premisessame.

Appears in 1 contract

Samples: Lease Extension and Amending Agreement (Nevada Geothermal Power Inc)

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