Common use of Alterations, Improvements and Other Modifications by the Tenant Clause in Contracts

Alterations, Improvements and Other Modifications by the Tenant. 12.1. The Tenant shall not make any alterations, improvements or other modifications to the Leased Premises which effect structural changes in the Building or any portion thereof, change the functional utility or rental value of the Leased Premises or, except as may be contemplated by section 5 of this Agreement prior to the Commencement Date, affect the mechanical, electrical, plumbing or other systems installed in the Building or the Leased Premises. It is specifically agreed that no plumbing work of any nature is to be performed by the Tenant or it’s contractor(s) including that referred to as an add-on tee installed in the vicinity of the lunch room sink or the building water supply system or drainage. Specifically, and without limiting the foregoing, no connection is to be made for water coolers or water supply, coffee makers, water filters, portable air conditioners, condensate drains or lines. 12.2. The Tenant shall not make any other alterations, improvements or modifications to the Leased Premises, the Building or the Property or make any boring in the ceiling, walls or floor of the Leased Premises or the Building unless the Tenant shall have first: 12.2.1. furnished to the Landlord detailed, New Jersey architect-certified construction drawings, construction specifications and, if they pertain in any way to the heating, ventilation and air conditioning, electric, sprinkler, horn/strobes or other systems of the Building, related engineering design work and specifications regarding, the proposed alterations, improvements or other modifications; 12.2.2. not received a notice from the Landlord objecting thereto in any respect within 30 days of the furnishing thereof (which shall not be deemed the Landlord’s affirmative consent for any purpose); 12.2.3. obtained any necessary or appropriate building permits or other approvals from the Municipality and, if such permits or other approvals are conditional, satisfied all conditions to the satisfaction of the Municipality; and 12.2.4. met, and continued to meet, all the following conditions with regard to any contractors selected by the Tenant and any subcontractors, including materialmen, in turn selected by any of them: 12.2.4.1. the Tenant shall have sole responsibility for payment of, and shall pay, such contractors; 12.2.4.2. the Tenant shall have sole responsibility for coordinating, and shall coordinate, the work to be supplied or performed by such contractors, both among themselves and with any contractors selected by the Landlord; 12.2.4.3. the Tenant shall not permit or suffer the filing of any notice of construction lien claim or other lien or prospective lien by any such contractor or subcontractor with respect to the Property, the Common Facilities, the Building or any other improvements on the Property; and if any of the foregoing should be filed by any such contractor or subcontractor, the Tenant shall forthwith obtain and file the complete discharge and release thereof or provide such payment bond(s) from a reputable, financially sound institutional surety as will, in the opinions of the Landlord, the holders of any mortgage indebtedness on, or other interest in, the Property, the Building, the Common Facilities or any other improvements on the Property, or any portions thereof, and their respective title insurers, be adequate to assure the complete discharge and release thereof; 12.2.4.4. prior to any such contractor’s entering upon the Property, the Building or the Leased Premises or commencing work the Tenant shall have delivered to the Landlord (a) all the Tenant’s certificates of insurance set forth in section 14 of this Agreement, conforming in all respects to the requirements of section 14 of this Agreement, except that the effective dates of all such insurance policies shall be prior to any such contractor’s entering upon the Property, the Building or the Leased Premises or commencing work (if any work is scheduled to begin before the Commencement Date) and (b) similar certificates of insurance from each of the Tenant’s contractors providing for coverage in equivalent amounts, together with their respective certificates of workers’ compensation insurance, employer’s liability insurance and products-completed operations insurance, the latter providing coverage in at least the amount required for the Tenant’s comprehensive general public liability and excess insurance; 12.2.4.5. each such contractor shall be a party to collective bargaining agreements with those unions that are certified as the collective bargaining agents of all bargaining units of such contractor, of which all such contractor’s workpersons shall be members in good standing; 12.2.4.6. each such contractor shall perform its work in a good and workpersonlike manner and shall not interfere with or hinder (i) the Landlord or any other contractor in any manner, (ii) any building operations or systems, or (iii) any tenant of Other Leased Premises; 12.2.4.7. there shall be no labor dispute of any nature whatsoever involving any such contractor or any workpersons of such contractor or the unions of which they are members with anyone; and if such a labor dispute exists or comes into existence the Tenant shall forthwith, at the Tenant’s sole cost and expense, remove all such contractors and their workpersons from the Building, the Common Facilities and the Property; 12.2.4.8. in each case, the electrical contractor, the HVAC contractor, the plumbing contractor and the security contractor engaged by the Tenant must be the same contractor which is engaged by the Landlord to perform work in the Building; and 12.2.4.9. the Tenant shall have the sole responsibility for the security, cleanliness and safety of the Leased Premises and all contractors’ materials, equipment and work, regardless of whether their work is in progress or completed. 12.2.4.10. Landlord’s approval of any or all of the construction drawings and specifications shall not constitute an opinion or agreement by Landlord as to the sufficiency or accuracy of such construction drawings and specifications or that such construction drawings and specifications comply with Law; nor shall such approval impose any present or future liability on Landlord or waive any of Landlord’s rights under this Agreement.

Appears in 2 contracts

Samples: Lease Agreement (Foamix Pharmaceuticals Ltd.), Lease Agreement (Foamix Pharmaceuticals Ltd.)

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Alterations, Improvements and Other Modifications by the Tenant. 12.1. The Tenant shall not make any alterations, improvements or other modifications to the Leased Premises which effect structural changes in the Building or any portion thereof, change the functional utility or rental value of the Leased Premises or, except as may be contemplated by section 5 of this Agreement prior to the Commencement Date, affect the mechanical, electrical, plumbing or other systems installed in the Building or the Leased Premises. It is specifically agreed that no plumbing work of any nature is to be performed by the Tenant or it’s contractor(s) including that referred to as an add-on tee installed in the vicinity of the lunch room sink or the building water supply system or drainage. Specifically, and without limiting the foregoing, no connection is to be made for water coolers or water supply, coffee makers, water filters, portable air conditioners, condensate drains or lines. 12.2. The Tenant shall not make any other alterations, improvements or modifications to the Leased Premises, the Building or the Property or make any boring in the ceiling, walls or floor of the Leased Premises or the Building unless the Tenant shall have first: 12.2.1. furnished to the Landlord detailed, New Jersey architect-certified construction drawings, construction specifications and, if they pertain in any way to the heating, ventilation and air conditioning, electric, sprinkler, horn/strobes conditioning or other systems of the Building, related engineering design work and specifications regarding, the proposed alterations, improvements or other modifications; 12.2.2. not received a notice from the Landlord objecting thereto in any respect within 30 days of the furnishing thereof (which shall not be deemed the Landlord’s 's affirmative consent for any purpose); 12.2.3. obtained any necessary or appropriate building permits or other approvals from the Municipality and, if such permits or other approvals are conditional, satisfied all conditions to the satisfaction of the Municipality; and 12.2.4. met, and continued to meet, all the following conditions with regard to any contractors selected by the Tenant and any subcontractors, including materialmen, in turn selected by any of them: 12.2.4.1. the Tenant shall have sole responsibility for payment of, and shall pay, such contractors; 12.2.4.2. the Tenant shall have sole responsibility for coordinating, and shall coordinate, the work to be supplied or performed by such contractors, both among themselves and with any contractors selected by the Landlord; 12.2.4.3. the Tenant shall not permit or suffer the filing of any notice of construction lien claim or other lien or prospective lien by any such contractor or subcontractor with respect to the Property, the Common Facilities, the Building or any other improvements on the Property; and if any of the foregoing should be filed by any such contractor or subcontractor, the Tenant shall forthwith obtain and file the complete discharge and release thereof or provide such payment bond(s) from a reputable, financially sound institutional surety as will, in the opinions of the Landlord, the holders of any mortgage indebtedness on, or other interest in, the Property, the Building, the Common Facilities or any other improvements on the Property, or any portions thereof, and their respective title insurers, be adequate to assure the complete discharge and release thereof; 12.2.4.4. prior to any such contractor’s 's entering upon the Property, the Building or the Leased Premises or commencing work the Tenant shall have delivered to the Landlord (a) all the Tenant’s 's certificates of insurance set forth in section 14 of this Agreement, conforming in all respects to the requirements of section 14 of this Agreement, except that the effective dates of all such insurance policies shall be prior to any such contractor’s 's entering upon the Property, the Building or the Leased Premises or commencing work (if any work is scheduled to begin before the Commencement Date) and (b) similar certificates of insurance from each of the Tenant’s 's contractors providing for coverage in equivalent amounts, together with their respective certificates of workers' compensation insurance, employer’s 's liability insurance and products-completed operations insurance, the latter providing coverage in at least the amount required for the Tenant’s 's comprehensive general public liability and excess insurance; 12.2.4.5. each such contractor shall be a party to collective bargaining agreements with those unions that are certified as the collective bargaining agents of all bargaining units of such contractor, of which all such contractor’s 's workpersons shall be members in good standing; 12.2.4.6. each such contractor shall perform its work in a good and workpersonlike manner and shall not interfere with or hinder (i) the Landlord or any other contractor in any manner, (ii) any building operations or systems, or (iii) any tenant of Other Leased Premises; 12.2.4.7. there shall be no labor dispute of any nature whatsoever involving any such contractor or any workpersons of such contractor or the unions of which they are members with anyone; and if such a labor dispute exists or comes into existence the Tenant shall forthwith, at the Tenant’s 's sole cost and expense, remove all such contractors and their workpersons from the Building, the Common Facilities and the Property; 12.2.4.8. in each case, the electrical contractor, the HVAC contractor, the plumbing contractor and the security contractor engaged by the Tenant must be the same contractor which is engaged by the Landlord to perform work in the Building; and 12.2.4.912.2.4.8. the Tenant shall have the sole responsibility for the security, cleanliness and safety security of the Leased Premises and all contractors' materials, equipment and work, regardless of whether their work is in progress or completed. 12.2.4.10. Landlord’s approval of any or all of the construction drawings and specifications shall not constitute an opinion or agreement by Landlord as to the sufficiency or accuracy of such construction drawings and specifications or that such construction drawings and specifications comply with Law; nor shall such approval impose any present or future liability on Landlord or waive any of Landlord’s rights under this Agreement.

Appears in 2 contracts

Samples: Lease Agreement (SmartPros Ltd.), Lease Agreement (Tollgrade Communications Inc \Pa\)

Alterations, Improvements and Other Modifications by the Tenant. 12.1. 12.1 The Tenant shall not make any alterations, improvements or other modifications to the Leased Premises which effect structural changes in the Building or any portion thereof, change the functional utility or rental value of the Leased Premises or, except as may be contemplated by section 5 of this Agreement prior to the Commencement Date, affect the mechanical, electrical, plumbing or other systems installed in the Building or the Leased Premises. It is specifically agreed that no plumbing work of any nature is to be performed by the Tenant or it’s contractor(s) including that referred to as an add-on tee installed in the vicinity of the lunch room sink or the building water supply system or drainage. Specifically, and without limiting the foregoing, no connection is to be made for water coolers or water supply, coffee makers, water filters, portable air conditioners, condensate drains or lines. 12.2. 12.2 The Tenant shall not make any other alterations, improvements or modifications to the Leased Premises, the Building or the Property or make any boring in the ceiling, walls or floor of the Leased Premises or the Building unless the Tenant shall have first: 12.2.1. 12.2.1 furnished to the Landlord detailed, New Jersey architect-certified construction drawings, construction specifications and, if they pertain in any way to the heating, ventilation and air conditioning, electric, sprinkler, horn/strobes conditioning or other systems of the Building, related engineering design work and specifications regarding, the proposed alterations, improvements or other modificationsmodifications and, (i) if the Tenant elects to perform the work through contractors of its own, paid the Landlord a drawings, specifications and design review fee equal to five (5%) percent of the cost of the work and, during the course of the work, a construction inspection fee equal to five (5%) percent of the cost of the work (the Tenant shall furnish to the Landlord, within fifteen (15) days after the substantial completion of such work, a copy of the contractor’s Application and Certification for Payment (AIA Document 702) and Continuation Sheet (s) (AIA Document 703) for the total cost of such work and receipted, detailed invoices therefor), and (ii) if the Landlord performs the work, paid the Landlord a drawings, specifications and design review fee equal to five (5%) percent of the cost of the work and, during the course of the work, a construction supervision fee equal to ten (10%) percent of the cost of the work; 12.2.2. 12.2.2 not received a notice from the Landlord objecting thereto in any respect within 30 thirty (30) days of the furnishing thereof (which shall not be deemed the Landlord’s affirmative consent for any purpose, and which consent shall not be unreasonably withheld, conditioned or delayed); 12.2.3. 12.2.3 obtained any necessary or appropriate building permits or other approvals from the Municipality and, if such permits or other approvals are conditional, satisfied all conditions to the satisfaction of the Municipality; and 12.2.4. 12.2.4 met, and continued to meet, all the following conditions with regard to any contractors selected by the Tenant and any subcontractors, including materialmen, in turn selected by any of them: 12.2.4.1. 12.2.4.1 the Tenant shall have sole responsibility for payment of, and shall pay, such contractors; 12.2.4.2. 12.2.4.2 the Tenant shall have sole responsibility for coordinating, and shall coordinate, the work to be supplied or performed by such contractors, both among themselves and with any contractors selected by the Landlord; 12.2.4.3. 12.2.4.3 the Tenant shall not permit or suffer the filing of any mechanic’s notice of construction lien claim intention or other lien or prospective lien by any such contractor or subcontractor with respect to the Property, the Common Facilities, the Building or any other improvements on the Property; and if any of the foregoing should be filed by any such contractor or subcontractor, the Tenant shall forthwith obtain and file the complete discharge and release thereof or provide such payment bond(s) from a reputable, financially sound institutional surety as will, in the opinions of the Landlord, the holders of any mortgage indebtedness on, or other interest in, the Property, the Building, the Common Facilities or any other improvements on the Property, or any portions thereof, and their respective title insurers, be adequate to assure the complete discharge and release thereof; 12.2.4.4. 12.2.4.4 prior to any such contractor’s entering upon the Property, the Building or the Leased Premises or commencing work the Tenant shall have delivered to the Landlord (a) all the Tenant’s certificates of insurance set forth in section 14 of this Agreement, conforming in all respects to the requirements of section 14 of this Agreement, except that the effective dates of all such insurance policies shall be prior to any such contractor’s entering upon the Property, the Building or the Leased Premises or commencing work (if any work is scheduled to begin before the Commencement Date) and (b) similar certificates of insurance from each of the Tenant’s contractors providing for coverage in equivalent amounts, together with their respective certificates of workers’ compensation insurance, employer’s liability insurance and products-completed operations insurance, the latter providing coverage in at least the amount required for the Tenant’s comprehensive commercial general public liability and excess insurance, for the benefit of, and shall name, the Landlord, the Landlord’s managing agent and mortgagees and ground lessors known to the Tenant, if any, of the Building, the Common Facilities, the Property or any interest therein, their successors and assigns as additional persons insured, and (c) certificates of insurance from each of the Tenant’s contractors providing for builders’ risk insurance coverage from financially sound and reputable insurers, licensed by the State of New Jersey to provide such insurance and acceptable to the Landlord, that is written on an “all risk” of physical loss or damage basis, for the full replacement cost value, which insurance policy shall be maintained in full force and effect until final completion of the respective work, and none of which insurance policies shall contain a “co-insurance” clause; 12.2.4.5. 12.2.4.5 each such contractor shall be a party to collective bargaining agreements with those unions that are certified as the collective bargaining agents of all bargaining units of such contractor, of which all such contractor’s workpersons shall be members in good standing; 12.2.4.6. 12.2.4.6 each such contractor shall perform its work in a good and workpersonlike manner and shall not interfere with or hinder (i) the Landlord or any other contractor in any manner, (ii) any building operations or systems, or (iii) any tenant of Other Leased Premises; 12.2.4.7. 12.2.4.7 there shall be no labor dispute of any nature whatsoever involving any such contractor or any workpersons of such contractor or the unions of which they are members with anyone; and if such a labor dispute exists or comes into existence the Tenant shall forthwith, at the Tenant’s sole cost and expense, remove all such contractors and their workpersons from the Building, the Common Facilities and the Property; 12.2.4.8. in each case, the electrical contractor, the HVAC contractor, the plumbing contractor and the security contractor engaged by the Tenant must be the same contractor which is engaged by the Landlord to perform work in the Building; and 12.2.4.9. 12.2.4.8 the Tenant shall have the sole responsibility for the security, cleanliness and safety security of the Leased Premises and all contractors’ materials, equipment and work, regardless of whether their work is in progress or completed. 12.2.4.10. 12.3 After the Commencement Date, the Tenant shall not apply any wall covering or other treatment to the walls of the Leased Premises without the prior written consent of the Landlord. 12.4 Notwithstanding anything to the contrary in the foregoing, the Tenant shall be permitted to make Minor Alterations and Cosmetic Alterations (as each defined herein) with the Landlord’s approval prior written consent, which consent shall not be unreasonably withheld, delayed or denied, but without paying the Landlord a design review fee or construction inspection fee. A “Cosmetic Alteration” shall mean any alterations, improvements or modifications to the Leased Premises that (a) is of any or all a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the construction drawings Premises or Building; and specifications (c) will not adversely affect the structural components of the Building. A “Minor Alteration” shall not constitute an opinion mean any alterations, improvements or agreement by Landlord as modifications to the sufficiency Leased Premises that (x) cost less than $50,000; (y) is not visible from the exterior of the Premises or accuracy Building; and (z) will not adversely affect the structural components of such construction drawings and specifications or that such construction drawings and specifications comply the Building. Notwithstanding the foregoing, in the event Tenant makes any “Cosmetic Alterations”, Tenant shall be obligated to restore same on the expiration of the Lease in accordance with Law; nor shall such approval impose any present or future liability on Landlord or waive any Section 21 of the Lease, unless otherwise advised by Landlord’s rights under this Agreement.

Appears in 2 contracts

Samples: Lease Agreement (LianBio), Lease Agreement (LianBio)

Alterations, Improvements and Other Modifications by the Tenant. 12.1. 12.1 The Tenant shall not make any alterations, improvements or other modifications to the Leased Premises which effect structural changes in the Building or any portion thereof, change the functional utility or rental value of the Leased Premises or, except as may be contemplated by section 5 of this Agreement prior to the Commencement Date, affect the mechanical, electrical, plumbing or other systems installed in the Building or the Leased Premises. It is specifically agreed that no plumbing work of any nature is to be performed by the Tenant or it’s contractor(s) including that referred to as an add-on tee installed in the vicinity of the lunch room sink or the building water supply system or drainage. Specifically, and without limiting the foregoing, no connection is to be made for water coolers or water supply, coffee makers, water filters, portable air conditioners, condensate drains or lines. 12.2. 12.2 The Tenant shall not make any other alterations, improvements or modifications to the Leased Premises, the Building or the Property or make any boring in the ceiling, walls or floor of the Leased Premises or the Building unless the Tenant shall have first: 12.2.1. 12.2.1 furnished to the Landlord detailed, New Jersey architect-certified construction drawings, construction specifications and, if they pertain in any way to the heating, ventilation and air conditioning, electric, sprinkler, horn/strobes conditioning or other systems of the Building, related engineering design work and specifications regarding, the proposed alterations, improvements or other modifications, and paid the Landlord a drawings, specifications and design review fee equal to ten (10%) percent of the reasonably estimated cost of the work and, during the course of the work, an inspection fee equal to five (5%) percent of the reasonably estimated cost of the work; 12.2.2. 12.2.2 not received a notice from the Landlord reasonably objecting thereto in any respect within 30 fifteen (15) days of the furnishing thereof (which shall not be deemed the Landlord’s affirmative consent for any purpose); 12.2.3. 12.2.3 obtained any necessary or appropriate building permits or other approvals from the Municipality and, if such permits or other approvals are conditional, satisfied all conditions to the satisfaction of the Municipality; and 12.2.4. 12.2.4 met, and continued to meet, all the following conditions with regard to any contractors selected by the Tenant and any subcontractors, including materialmen, in turn selected by any of them: 12.2.4.1. 12.2.4.1 the Tenant shall have sole responsibility for payment of, and shall pay, such contractors; 12.2.4.2. 12.2.4.2 the Tenant shall have sole responsibility for coordinating, and shall coordinate, the work to be supplied or performed by such contractors, both among themselves and with any contractors selected by the Landlord; 12.2.4.3. 12.2.4.3 the Tenant shall not permit or suffer the filing of any mechanic’s notice of construction lien claim intention or other lien or prospective lien by any such contractor or subcontractor with respect to the Property, the Common Facilities, the Building or any other improvements on the Property; and if any of the foregoing should be filed by any such contractor or subcontractor, the Tenant shall forthwith obtain and file the complete discharge and release thereof or provide such payment bond(s) from a reputable, financially sound institutional surety as will, in the opinions of the Landlord, the holders of any mortgage indebtedness on, or other interest in, the Property, the Building, the Common Facilities or any other improvements on the Property, or any portions thereof, and their respective title insurers, be adequate to assure the complete discharge and release thereof; 12.2.4.4. 12.2.4.4 prior to any such contractor’s entering upon the Property, the Building or the Leased Premises or commencing work the Tenant shall have delivered to the Landlord (a) all the Tenant’s certificates of insurance set forth in section 14 of this Agreement, conforming in all respects to the requirements of section 14 of this Agreement, except that the effective dates of all such insurance policies shall be prior to any such contractor’s entering upon the Property, the Building or the Leased Premises or commencing work (if any work is scheduled to begin before the Commencement Date) and (b) similar certificates of insurance from each of the Tenant’s contractors providing for coverage in equivalent amounts, together with their respective certificates of workers’ compensation insurance, employer’s liability insurance and products-completed operations insurance, the latter providing coverage in at least the amount required for the Tenant’s comprehensive general public liability and excess insurance; 12.2.4.5. 12.2.4.5 with respect to any such contractors which are union contractors, each such contractor shall be a party to collective bargaining agreements with those unions that are certified as the collective bargaining agents of all bargaining units of such contractor, of which all such contractor’s workpersons shall be members in good standing; 12.2.4.6. 12.2.4.6 each such contractor shall perform its work in a good and workpersonlike manner and shall not interfere with or hinder (i) the Landlord or any other contractor in any manner, (ii) any building operations or systems, or (iii) any tenant of Other Leased Premises; 12.2.4.7. 12.2.4.7 there shall be no labor dispute of any nature whatsoever involving any such contractor or any workpersons of such contractor or the unions of which they are members with anyone; and if such a labor dispute exists or comes into existence the Tenant shall forthwith, at the Tenant’s sole cost and expense, remove all such contractors and their workpersons from the Building, the Common Facilities and the Property; 12.2.4.8. in each case, the electrical contractor, the HVAC contractor, the plumbing contractor and the security contractor engaged by the Tenant must be the same contractor which is engaged by the Landlord to perform work in the Building; and 12.2.4.9. 12.2.4.8 the Tenant shall have the sole responsibility for the security, cleanliness and safety security of the Leased Premises and all contractors’ materials, equipment and work, regardless of whether their work is in progress or completed. 12.2.4.10. Landlord’s approval of any or all of the construction drawings and specifications shall not constitute an opinion or agreement by Landlord as to the sufficiency or accuracy of such construction drawings and specifications or that such construction drawings and specifications comply with Law; nor shall such approval impose any present or future liability on Landlord or waive any of Landlord’s rights under this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Bio Technology General Corp)

Alterations, Improvements and Other Modifications by the Tenant. 12.1. The Tenant shall not make any alterations, improvements or other modifications to the Leased Premises which effect structural changes in the Building or any portion thereof, change diminish the functional utility or rental value of the Leased Premises or, except as may be contemplated by section 5 of this Agreement prior to the Commencement Date, affect in any material way the mechanical, electrical, plumbing or other systems installed in the Building or the Leased Premises. It is specifically agreed that no plumbing work of any nature is to be performed by the Tenant or it’s contractor(s) including that referred to as an add-on tee installed in the vicinity of the lunch room sink or the building water supply system or drainage. Specifically, and without limiting the foregoing, no connection is to be made for water coolers or water supply, coffee makers, water filters, portable air conditioners, condensate drains or lines. 12.2. The Tenant shall not make any other alterations, improvements or modifications to the Leased Premises, the Building or the Property or make any boring in the ceiling, walls or floor of the Leased Premises or the Building (other than as contemplated by this Lease, on the Tenant Plan as approved by the Landlord or in the ordinary course of outfitting a business office) unless the Tenant shall have first: 12.2.1. furnished to the Landlord detailed, New Jersey architect-certified construction drawings, construction specifications and, if they pertain in any way to modifications to the heating, ventilation and air conditioning, electric, sprinkler, horn/strobes conditioning or other systems of the Building, related engineering design work and specifications regarding, the proposed alterations, improvements or other modifications; 12.2.2. not received a notice from the Landlord reasonably objecting thereto in any respect within 30 ten (10) days of the furnishing thereof (which shall not be deemed the Landlord’s 's affirmative consent for any purpose). Landlord may also notify Tenant within the same period, but not thereafter, that, at the expiration or earlier termination of the Term, Landlord will require Tenant to remove any alteration which would require Landlord to incur any unusual expense, delay or inconvenience (specifying the items which must be removed and the reason for Landlord's determination); 12.2.3. obtained any necessary or appropriate building permits or other approvals from the Municipality and, if such permits or other approvals are conditional, satisfied all conditions to the satisfaction of the Municipality; and 12.2.4. met, and continued to meet, all the following conditions with regard to any contractors selected by the Tenant and any subcontractors, including materialmen, in turn selected by any of them: 12.2.4.1. the Tenant shall have sole responsibility for payment of, and shall pay, such contractors; 12.2.4.2. the Tenant shall have sole responsibility for coordinating, and shall coordinate, the work to be supplied or performed by such contractors, both among themselves and with any contractors selected by the Landlord; 12.2.4.3. the Tenant shall not permit or suffer the filing of any notice of construction lien claim or other lien or prospective lien by any such contractor or subcontractor with respect to the Property, the Common Facilities, the Building or any other improvements on the Property; and if any of the foregoing should be filed by any such contractor or subcontractor, the Tenant shall forthwith shall, within thirty (30) days after notice of the lien, obtain and file the complete discharge and release thereof or provide such payment bond(s) from a reputable, financially sound institutional surety as will, in the reasonable opinions of the Landlord, the holders of any mortgage indebtedness on, or other interest in, the Property, the Building, the Common Facilities or any other improvements on the Property, or any portions thereof, and their respective title insurers, be adequate to assure the complete discharge and release thereof; 12.2.4.4. in connection with any contracts providing for an expenditure by Tenant in excess of $25,000, or in the instance of any work reasonably determined by Landlord to be ultrahazardous, prior to any such contractor’s 's entering upon the Property, the Building or the Leased Premises or commencing work the Tenant shall have delivered to the Landlord (a) all the Tenant’s 's certificates of insurance set forth in section 14 of this Agreement, conforming in all respects to the requirements of section 14 of this Agreement, except that the effective dates of all such insurance policies shall be prior to any such contractor’s 's entering upon the Property, the Building or the Leased Premises or commencing work (if any work is scheduled to begin before the Commencement Date) and (b) similar certificates of insurance from each of the Tenant’s 's contractors providing for coverage in equivalent amounts, together with their respective certificates of workers' compensation insurance, employer’s 's liability insurance and products-completed operations insurance, the latter providing coverage in at least the amount required for the Tenant’s 's comprehensive general public liability and excess insurance; 12.2.4.5. each such contractor shall be a party to collective bargaining agreements with those unions that are certified as the collective bargaining agents of all bargaining units of such contractor, of which all such contractor’s 's workpersons shall be members in good standing; 12.2.4.6. each such contractor shall perform its work in a good and workpersonlike manner and shall not interfere with or hinder (i) the Landlord or any other contractor in any manner, (ii) any building operations or systems, or (iii) any tenant of Other Leased Premises; 12.2.4.7. there shall be no labor dispute of any nature whatsoever involving any such contractor or any workpersons of such contractor or the unions of which they are members with anyone; and if such a labor dispute exists or comes into existence the Tenant shall forthwith, at the Tenant’s 's sole cost and expense, remove all such contractors and their workpersons from the Building, the Common Facilities and the Property; 12.2.4.8. in each case, the electrical contractor, the HVAC contractor, the plumbing contractor and the security contractor engaged by the Tenant must be the same contractor which is engaged by the Landlord to perform work in the Building; and 12.2.4.912.2.4.8. the Tenant shall have the sole responsibility for the security, cleanliness and safety security of the Leased Premises and all contractors' materials, equipment and work, regardless of whether their work is in progress or completed. 12.2.4.10. Landlord’s approval of any or all of the construction drawings and specifications shall not constitute an opinion or agreement by Landlord as to the sufficiency or accuracy of such construction drawings and specifications or that such construction drawings and specifications comply with Law; nor shall such approval impose any present or future liability on Landlord or waive any of Landlord’s rights under this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Enzon Inc)

Alterations, Improvements and Other Modifications by the Tenant. 12.1. The Tenant shall not make any alterations, improvements or other modifications to the Leased Premises which effect structural changes in the Building or any portion thereof, change the functional utility or rental value of the Leased Premises or, except as may be contemplated by section 5 of this Agreement prior to the Commencement Date, affect the mechanical, electrical, plumbing or other systems installed in the Building or the Leased Premises. It is specifically agreed that no plumbing work of any nature is to be performed by the Tenant or it’s contractor(s) including that referred to as an add-on tee installed in the vicinity of the lunch room sink or the building water supply system or drainage. Specifically, and without limiting the foregoing, no connection is to be made for water coolers or water supply, coffee makers, water filters, portable air conditioners, condensate drains or lines. 12.2. The Tenant shall not make any other alterations, improvements or modifications to the Leased Premises, the Building or the Property or make any boring in the ceiling, walls or floor of the Leased Premises or the Building unless the Tenant shall have first: 12.2.1. furnished to the Landlord detailed, New Jersey architect-certified construction drawings, construction specifications and, if they pertain in any way to the heating, ventilation and air conditioning, electric, sprinkler, horn/strobes conditioning or other systems of the Building, related engineering design work and specifications regarding, the proposed alterations, improvements or other modifications; 12.2.2. not received a notice from the Landlord objecting thereto in any respect within 30 days of the furnishing thereof (which shall not be deemed the Landlord’s 's affirmative consent for any purpose); 12.2.3. obtained any necessary or appropriate building permits or other approvals from the Municipality and, if such permits or other approvals are conditional, satisfied all conditions to the satisfaction of the Municipality; and 12.2.4. met, and continued to meet, all the following conditions with regard to any contractors selected by the Tenant and any subcontractors, including materialmen, in turn selected by any of them: 12.2.4.1. the Tenant shall have sole responsibility for payment of, and shall pay, such contractors; 12.2.4.2. the Tenant shall have sole responsibility for coordinating, and shall coordinate, the work to be supplied or performed by such contractors, both among themselves and with any contractors selected by the Landlord; 12.2.4.3. the Tenant shall not permit or suffer the filing of any notice of construction lien claim or other lien or prospective lien by any such contractor or subcontractor with respect to the Property, the Common Facilities, the Building or any other improvements on the Property; and if any of the foregoing should be filed by any such contractor or subcontractor, the Tenant shall forthwith obtain and file the complete discharge and release thereof or provide such payment bond(s) from a reputable, financially sound institutional surety as will, in the opinions of the Landlord, the holders of any mortgage indebtedness on, or other interest in, the Property, the Building, the Common Facilities or any other improvements on the Property, or any portions thereof, and their respective title insurers, be adequate to assure the complete discharge and release thereof; 12.2.4.4. prior to any such contractor’s entering upon the Property, the Building or the Leased Premises or commencing work the Tenant shall have delivered to the Landlord (a) all the Tenant’s certificates of insurance set forth in section 14 of this Agreement, conforming in all respects to the requirements of section 14 of this Agreement, except that the effective dates of all such insurance policies shall be prior to any such contractor’s entering upon the Property, the Building or the Leased Premises or commencing work (if any work is scheduled to begin before the Commencement Date) and (b) similar certificates of insurance from each of the Tenant’s contractors providing for coverage in equivalent amounts, together with their respective certificates of workers’ compensation insurance, employer’s liability insurance and products-completed operations insurance, the latter providing coverage in at least the amount required for the Tenant’s comprehensive general public liability and excess insurance; 12.2.4.5. each such contractor shall be a party to collective bargaining agreements with those unions that are certified as the collective bargaining agents of all bargaining units of such contractor, of which all such contractor’s workpersons shall be members in good standing; 12.2.4.6. each such contractor shall perform its work in a good and workpersonlike manner and shall not interfere with or hinder (i) the Landlord or any other contractor in any manner, (ii) any building operations or systems, or (iii) any tenant of Other Leased Premises; 12.2.4.7. there shall be no labor dispute of any nature whatsoever involving any such contractor or any workpersons of such contractor or the unions of which they are members with anyone; and if such a labor dispute exists or comes into existence the Tenant shall forthwith, at the Tenant’s sole cost and expense, remove all such contractors and their workpersons from the Building, the Common Facilities and the Property; 12.2.4.8. in each case, the electrical contractor, the HVAC contractor, the plumbing contractor and the security contractor engaged by the Tenant must be the same contractor which is engaged by the Landlord to perform work in the Building; and 12.2.4.9. the Tenant shall have the sole responsibility for the security, cleanliness and safety of the Leased Premises and all contractors’ materials, equipment and work, regardless of whether their work is in progress or completed. 12.2.4.10. Landlord’s approval of any or all of the construction drawings and specifications shall not constitute an opinion or agreement by Landlord as to the sufficiency or accuracy of such construction drawings and specifications or that such construction drawings and specifications comply with Law; nor shall such approval impose any present or future liability on Landlord or waive any of Landlord’s rights under this Agreement.performed

Appears in 1 contract

Samples: Lease Agreement (Nelson Communications Inc)

Alterations, Improvements and Other Modifications by the Tenant. 12.1. The Tenant shall not make any alterations, improvements or other modifications to the Leased Premises which effect structural changes in the Building or any portion thereof, change the functional utility or rental value of the Leased Premises or, except as may be contemplated by section 5 of this Agreement prior to the Commencement Date, affect the mechanical, electrical, plumbing or other systems installed in the Building or the Leased Premises. It is specifically agreed that no plumbing work of any nature is to be performed by the Tenant or it’s contractor(s) including that referred to as an add-on tee installed in the vicinity of the lunch room sink or the building water supply system or drainage. Specifically, and without limiting the foregoing, no connection is to be made for water coolers or water supply, coffee makers, water filters, portable air conditioners, condensate drains or lines. 12.2. The Tenant shall not make any other alterations, improvements or modifications to the Leased Premises, the Building or the Property or make any boring in the ceiling, walls or floor of the Leased Premises (other than minor changes including borings in the walls) or the Building unless the Tenant shall have first: 12.2.1. furnished to the Landlord detailed, New Jersey architect-certified construction drawings, construction specifications and, if they pertain in any way to the heating, ventilation and air conditioning, electric, sprinkler, horn/strobes conditioning or other systems of the Building, related engineering design work and specifications regarding, the proposed alterations, improvements or other modifications; 12.2.2. not received a notice from the Landlord objecting thereto in any respect within 30 thirty (30) days of the furnishing thereof (which shall not be deemed the Landlord’s affirmative consent for any purpose); 12.2.3. obtained any necessary or appropriate building permits or other approvals from the Municipality and, if such permits or other approvals are conditional, satisfied all conditions to the satisfaction of the Municipality; and 12.2.4. met, and continued to meet, all the following conditions with regard to any contractors selected by the Tenant and any subcontractors, including materialmen, in turn selected by any of them: 12.2.4.1. the Tenant shall have sole responsibility for payment of, and shall pay, such contractors; 12.2.4.2. the Tenant shall have sole responsibility for coordinating, and shall coordinate, the work to be supplied or performed by such contractors, both among themselves and with any contractors selected by the Landlord; 12.2.4.3. the Tenant shall not permit or suffer the filing of any notice of construction lien claim or other lien or prospective lien by any such contractor or subcontractor with respect to the Property, the Common Facilities, the Building or any other improvements on the Property; and if any of the foregoing should be filed by any such contractor or subcontractor, the Tenant shall forthwith obtain and file the complete discharge and release thereof or provide such payment bond(s) from a reputable, financially sound institutional surety as will, in the opinions of the Landlord, the holders of any mortgage indebtedness on, or other interest in, the Property, the Building, the Common Facilities or any other improvements on the Property, or any portions thereof, and their respective title insurers, be adequate to assure the complete discharge and release thereof; 12.2.4.4. prior to any such contractor’s entering upon the Property, the Building or the Leased Premises or commencing work the Tenant shall have delivered to the Landlord (a) all the Tenant’s certificates of insurance set forth in section 14 of this Agreement, conforming in all respects to the requirements of section 14 of this Agreement, except that the effective dates of all such insurance policies shall be prior to any such contractor’s entering upon the Property, the Building or the Leased Premises or commencing work (if any work is scheduled to begin before the Commencement Date) and (b) similar certificates of insurance from each of the Tenant’s contractors providing for coverage in equivalent amounts, together with their respective certificates of workers’ compensation insurance, employer’s liability insurance and products-completed operations insurance, the latter providing coverage in at least the amount required for the Tenant’s comprehensive general public liability and excess insurance; 12.2.4.5. each such contractor shall be a party to collective bargaining agreements with those unions that are certified as the collective bargaining agents of all bargaining units of such contractor, of which all such contractor’s workpersons shall be members in good standing; 12.2.4.6. each such contractor shall perform its work in a good and workpersonlike manner and shall not interfere with or hinder (i) the Landlord or any other contractor in any manner, (ii) any building operations or systems, or (iii) any tenant of Other Leased Premises; 12.2.4.712.2.4.6. there shall be no labor dispute of any nature whatsoever involving any such contractor or any workpersons of such contractor or the unions of which they are members with anyone; and if such a labor dispute exists or comes into existence the Tenant shall forthwith, at the Tenant’s sole cost and expense, remove all such contractors and their workpersons from the Building, the Common Facilities and the Property; 12.2.4.8. in each case, the electrical contractor, the HVAC contractor, the plumbing contractor and the security contractor engaged by the Tenant must be the same contractor which is engaged by the Landlord to perform work in the Building; and 12.2.4.9. the Tenant shall have the sole responsibility for the security, cleanliness and safety of the Leased Premises and all contractors’ materials, equipment and work, regardless of whether their work is in progress or completed. 12.2.4.10. Landlord’s approval of any or all of the construction drawings and specifications shall not constitute an opinion or agreement by Landlord as to the sufficiency or accuracy of such construction drawings and specifications or that such construction drawings and specifications comply with Law; nor shall such approval impose any present or future liability on Landlord or waive any of Landlord’s rights under this Agreement.

Appears in 1 contract

Samples: Lease Agreement (GAIN Capital Holdings, Inc.)

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Alterations, Improvements and Other Modifications by the Tenant. 12.1. The 12.1 Except as may be otherwise contemplated by section 5 of this Agreement, the Tenant shall not make any alterations, improvements or other modifications to the Leased Premises which effect structural changes in the Building or any portion thereof, change the functional utility or rental value of the Leased Premises or, except as may be contemplated by section 5 of this Agreement prior to the Commencement Date, or affect the mechanical, electrical, plumbing or other systems installed in the Building or the Leased Premises. It is specifically agreed that no plumbing work of any nature is to be performed by the Tenant or it’s contractor(s) including that referred to as an add-on tee installed in the vicinity of the lunch room sink or the building water supply system or drainage. Specifically, and without limiting the foregoing, no connection is to be made for water coolers or water supply, coffee makers, water filters, portable air conditioners, condensate drains or lines. 12.2. 12.2 The Tenant shall not make any other alterations, improvements or modifications to the Leased Premises, the Building or the Property or make any boring in the ceiling, walls or floor of the Leased Premises or the Building unless the Tenant shall have first: 12.2.1. 12.2.1 furnished to the Landlord detailed, New Jersey architect-certified construction drawings, construction specifications and, if they pertain in any way to the heating, ventilation and air conditioning, electric, sprinkler, horn/strobes conditioning or other systems of the Building, related engineering design work and specifications regarding, the proposed alterations, improvements or other modifications; 12.2.2. 12.2.2 not received a notice from the Landlord objecting thereto in any respect within 30 days of the furnishing thereof (which objection shall not be unreasonably made by the Landlord or which lack of timely notice of objection shall not be deemed the Landlord’s 's affirmative consent for any purpose); 12.2.3. 12.2.3 obtained any necessary or appropriate building permits or other approvals from the Municipality and, if such permits or other approvals are conditional, satisfied all conditions to the satisfaction of the Municipality; and 12.2.4. 12.2.4 met, and continued to meet, all the following conditions with regard to any contractors selected by the Tenant and any subcontractors, including materialmen, in turn selected by any of them: 12.2.4.1. 12.2.4.1 the Tenant shall have sole responsibility for payment of, and shall pay, such contractors; 12.2.4.2. 12.2.4.2 the Tenant shall have sole responsibility for coordinating, and shall coordinate, the work to be supplied or performed by such contractors, both among themselves and with any contractors selected by the Landlord; 12.2.4.3. 12.2.4.3 the Tenant shall not permit or suffer the filing of any mechanic's notice of construction lien claim intention or other lien or prospective lien by any such contractor or subcontractor with respect to the Property, the Common Facilities, the Building or any other improvements on the Property; and if any of the foregoing should be filed by any such contractor or subcontractor, the Tenant shall forthwith obtain and file the complete discharge and release thereof or provide such payment bond(s) from a reputable, financially sound institutional surety as will, in the opinions of the Landlord, the holders of any mortgage indebtedness on, or other interest in, the Property, the Building, the Common Facilities or any other improvements on the Property, or any portions thereof, and their respective title insurers, be adequate to assure the complete discharge and release thereof; 12.2.4.4. 12.2.4.4 prior to any such contractor’s 's entering upon the Property, the Building or the Leased Premises or commencing work the Tenant shall have delivered to the Landlord (a) all the Tenant’s 's certificates of insurance set forth in section 14 of this Agreement, conforming in all respects to the requirements of section 14 of this Agreement, except that the effective dates of all such insurance policies shall be prior to any such contractor’s 's entering upon the Property, the Building or the Leased Premises or commencing work (if any work is scheduled to begin before the Commencement Date) and (b) similar certificates of insurance from each of the Tenant’s 's contractors providing for coverage in equivalent amounts, together with their respective certificates of workers' compensation insurance, employer’s 's liability insurance and products-products completed operations insurance, the latter providing coverage in at least the amount required for the Tenant’s 's comprehensive general public liability and excess insurance; 12.2.4.5. 12.2.4.5 each such contractor shall be a party to collective bargaining agreements with those unions that are certified as the collective bargaining agents of all bargaining units of such contractor, of which all such contractor’s 's workpersons shall be members in good standing; 12.2.4.6. 12.2.4.6 each such contractor shall perform its work in a good and workpersonlike manner and shall not interfere with or hinder (i) the Landlord or any other contractor in any manner, (ii) any building operations or systems, or (iii) any tenant of Other Leased Premises; 12.2.4.7. 12.2.4.7 there shall be no labor dispute of any nature whatsoever involving any such contractor or any workpersons of such contractor or the unions of which they are members with anyone; and if such a labor dispute exists or comes into existence the Tenant shall forthwith, at the Tenant’s 's sole cost and expense, remove all such contractors and their workpersons from the Building, the Common Facilities and the Property; 12.2.4.8. in each case, the electrical contractor, the HVAC contractor, the plumbing contractor and the security contractor engaged by the Tenant must be the same contractor which is engaged by the Landlord to perform work in the Building; and 12.2.4.9. 12.2.4.8 the Tenant shall have the sole responsibility for the security, cleanliness and safety security of the Leased Premises and all contractors' materials, equipment and work, regardless of whether their work is in progress or completed. 12.2.4.10. Landlord’s approval of 12.3 After the Commencement Date, the Tenant may apply any wall covering or all other treatment to the walls of the construction drawings Leased Premises (so long as such wall covering or treatment is not unconventional in first class office buildings and specifications shall not constitute an opinion or agreement by Landlord as to hang any decorative wall hangings), all without the sufficiency or accuracy prior written consent of such construction drawings and specifications or that such construction drawings and specifications comply with Law; nor shall such approval impose any present or future liability on Landlord or waive any of the Landlord’s rights under this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Advanced Magnetics Inc)

Alterations, Improvements and Other Modifications by the Tenant. 12.1. 12.1 The Tenant shall not make any alterations, improvements or other modifications to the Leased Premises which effect structural changes in the Building or any portion thereof, change the functional utility or rental value of the Leased Premises or, except as may be contemplated by section 5 of this Agreement prior to the Commencement Date, affect the mechanical, electrical, plumbing or other systems installed in the Building or the Leased Premises. It is specifically agreed that no plumbing work of any nature is to be performed by the Tenant or it’s contractor(s) including that referred to as an add-on tee installed in the vicinity of the lunch room sink or the building water supply system or drainage. Specifically, and without limiting the foregoing, no connection is to be made for water coolers or water supply, coffee makers, water filters, portable air conditioners, condensate drains or lines. 12.2. 12.2 The Tenant shall not make any other alterations, improvements or modifications to the Leased Premises, the Building or the Property or make any boring in the ceiling, walls or floor of the Leased Premises or the Building unless the Tenant shall have first: 12.2.1. 12.2.1 furnished to the Landlord detailed, New Jersey architect-certified construction drawings, construction specifications and, if they pertain in any way to the heating, ventilation and air conditioning, electric, sprinkler, horn/strobes conditioning or other systems of the Building, related engineering design work and specifications regarding, the proposed alterations, improvements or other modificationsmodifications and, (i) if the Tenant elects to perform the work through contractors of its own, paid the Landlord a drawings, specifications and design review fee equal to [***] ([***]%) percent of the cost of the work and, during the course of the work, a construction inspection fee equal to [***] ([***]%) percent of the cost of the work (the Tenant shall furnish to the Landlord, within fifteen (15) days after the substantial completion of such work, a copy of the contractor’s Application and Certification for Payment (AIA Document 702) and Continuation Sheet (s) (AIA Document 703) for the total cost of such work and receipted, detailed invoices therefor), and (ii) if the Landlord performs the work, paid the Landlord a drawings, specifications and design review fee equal to [***] percent of the cost of the work and, during the course of the work, a construction supervision fee equal to [***] percent of the cost of the work; 12.2.2. 12.2.2 not received a notice from the Landlord objecting thereto in any respect within 30 thirty (30) days of the furnishing thereof (which shall not be deemed the Landlord’s affirmative consent for any purpose); 12.2.3. 12.2.3 obtained any necessary or appropriate building permits or other approvals from the Municipality and, if such permits or other approvals are conditional, satisfied all conditions to the satisfaction of the Municipality; and 12.2.4. 12.2.4 met, and continued to meet, all the following conditions with regard to any contractors selected by the Tenant and any subcontractors, including materialmen, in turn selected by any of them: 12.2.4.1. 12.2.4.1 the Tenant shall have sole responsibility for payment of, and shall pay, such contractors; 12.2.4.2. 12.2.4.2 the Tenant shall have sole responsibility for coordinating, and shall coordinate, the work to be supplied or performed by such contractors, both among themselves and with any contractors selected by the Landlord; 12.2.4.3. 12.2.4.3 the Tenant shall not permit or suffer the filing of any mechanic’s notice of construction lien claim intention or other lien or prospective lien by any such contractor or subcontractor with respect to the Property, the Common Facilities, the Building or any other improvements on the Property; and if any of the foregoing should be filed by any such contractor or subcontractor, the Tenant shall forthwith obtain and file the complete discharge and release thereof or provide such payment bond(s) from a reputable, financially sound institutional surety as will, in the opinions of the Landlord, the holders of any mortgage indebtedness on, or other interest in, the Property, the Building, the Common Facilities or any other improvements on the Property, or any portions thereof, and their respective title insurers, be adequate to assure the complete discharge and release thereof; 12.2.4.4. 12.2.4.4 prior to any such contractor’s entering upon the Property, the Building or the Leased Premises or commencing work the Tenant shall have delivered to the Landlord (a) all the Tenant’s certificates of insurance set forth in section 14 of this Agreement, conforming in all respects to the requirements of section 14 of this Agreement, except that the effective dates of all such insurance policies shall be prior to any such contractor’s entering upon the Property, the Building or the Leased Premises or commencing work (if any work is scheduled to begin before the Commencement Date) and (b) similar certificates of insurance from each of the Tenant’s contractors providing for coverage in equivalent amounts, together with their respective certificates of workers’ compensation insurance, employer’s liability insurance and products-completed operations insurance, the latter providing coverage in at least the amount required for the Tenant’s comprehensive commercial general public liability and excess insurance, for the benefit of, and shall name, the Landlord, the Landlord’s managing agent and mortgagees and ground lessors known to the Tenant, if any, of the Building, the Common Facilities, the Property or any interest therein, their successors and assigns as additional persons insured, and (c) certificates of insurance from each of the Tenant’s contractors providing for builders’ risk insurance coverage from financially sound and reputable insurers, licensed by the State of New Jersey to provide such insurance and acceptable to the Landlord, that is written on an “all risk” of physical loss or damage basis, for the full replacement cost value, which insurance policy shall be maintained in full force and effect until final completion of the respective work, and none of which insurance policies shall contain a “co-insurance" clause; 12.2.4.5. 12.2.4.5 each such contractor shall be a party to collective bargaining agreements with those unions that are certified as the collective bargaining agents of all bargaining units of such contractor, of which all such contractor’s workpersons shall be members in good standing; 12.2.4.6. 12.2.4.6 each such contractor shall perform its work in a good and workpersonlike manner and shall not interfere with or hinder (i) the Landlord or any other contractor in any manner, (ii) any building operations or systems, or (iii) any tenant of Other Leased Premises; 12.2.4.7. 12.2.4.7 there shall be no labor dispute of any nature whatsoever involving any such contractor or any workpersons of such contractor or the unions of which they are members with anyone; and if such a labor dispute exists or comes into existence the Tenant shall forthwith, at the Tenant’s sole cost and expense, remove all such contractors and their workpersons from the Building, the Common Facilities and the Property; 12.2.4.8. in each case, the electrical contractor, the HVAC contractor, the plumbing contractor and the security contractor engaged by the Tenant must be the same contractor which is engaged by the Landlord to perform work in the Building; and 12.2.4.9. 12.2.4.8 the Tenant shall have the sole responsibility for the security, cleanliness and safety security of the Leased Premises and all contractors’ materials, equipment and work, regardless of whether their work is in progress or completed. 12.2.4.10. Landlord’s approval of any or all of the construction drawings and specifications shall not constitute an opinion or agreement by Landlord as to the sufficiency or accuracy of such construction drawings and specifications or that such construction drawings and specifications comply with Law; nor shall such approval impose any present or future liability on Landlord or waive any of Landlord’s rights under this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Acadia Pharmaceuticals Inc)

Alterations, Improvements and Other Modifications by the Tenant. 12.1. The Tenant shall not make any alterations, improvements or other modifications to the Leased Premises which effect structural changes in the Building or any portion thereof, change the functional utility or rental value of the Leased Premises or, except as may be contemplated by section 5 of this Agreement prior to the Commencement Date, affect the mechanical, electrical, plumbing or other systems installed in the Building or the Leased Premises. It is specifically agreed that no plumbing work of any nature is to be performed by the Tenant or it’s contractor(s) including that referred to as an add-on tee installed in the vicinity of the lunch room sink or the building water supply system or drainage. Specifically, and without limiting the foregoing, no connection is to be made for water coolers or water supply, coffee makers, water filters, portable air conditioners, condensate drains or lines. 12.2. The Tenant shall not make any other alterations, improvements or modifications to the Leased Premises, the Building or the Property or make any boring in the ceiling, walls or floor of the Leased Premises or the Building unless the Tenant shall have first: 12.2.1. furnished to the Landlord detailed, New Jersey architect-certified construction drawings, construction specifications and, if they pertain in any way to the heating, ventilation and air conditioning, electric, sprinkler, horn/strobes conditioning or other systems of the Building, related engineering design work and specifications regarding, the proposed alterations, improvements or other modifications; 12.2.2. not received a notice from the Landlord objecting thereto in any respect within 30 days of the furnishing thereof (which shall not be deemed the Landlord’s 's affirmative consent for any purpose); 12.2.3. obtained any necessary or appropriate building permits or other approvals from the Municipality and, if such permits or other approvals are conditional, satisfied all conditions to the satisfaction of the Municipality; and 12.2.4. met, and continued to meet, all the following conditions with regard to any contractors selected by the Tenant and any subcontractors, including materialmen, in turn selected by any of them: 12.2.4.1. the Tenant shall have sole responsibility for payment of, and shall pay, such contractors; 12.2.4.2. the Tenant shall have sole responsibility for coordinating, and shall coordinate, the work to be supplied or performed by such contractors, both among themselves and with any contractors selected by the Landlord; 12.2.4.3. the Tenant shall not permit or suffer the filing of any mechanic's notice of construction lien claim intention or other lien or prospective lien by any such contractor or subcontractor with respect to the Property, the Common Facilities, the Building or any other improvements on the Property; and if any of the foregoing should be filed by any such contractor or subcontractor, ,the Tenant shall forthwith obtain and file the complete discharge and release thereof or provide such payment bond(s) from a reputable, financially sound institutional surety as will, in the opinions of the Landlord, the holders of any mortgage indebtedness on, or other interest in, the Property, the Building, the Common Facilities or any other improvements on the Property, or any portions thereof, and their respective title insurers, be adequate to assure the complete discharge and release thereof; 12.2.4.4. prior to any such contractor’s 's entering upon the Property, the Building or the Leased Premises or commencing work the Tenant shall have delivered deliv ered to the Landlord (a) all the Tenant’s 's certificates of insurance set forth in section 14 of this Agreement, conforming in all respects to the requirements require ments of section 14 of this Agreement, except that the effective dates of all such insurance policies shall be prior to any such contractor’s 's entering upon the Property, the Building or the Leased Premises or commencing work (if any work is scheduled to begin before the Commencement Date) and (b) similar certificates of insurance from each of the Tenant’s contractors 's con tractors providing for coverage in equivalent amounts, together with their respective certificates of workers' compensation insurance, employer’s 's liability insurance and products-completed operations insurance, the latter providing coverage in at least the amount required for the Tenant’s 's comprehensive general public liability and excess insurance; 12.2.4.5. each such contractor shall be a party to collective bargaining agreements with those unions that are certified as the collective bargaining agents of all bargaining units of such contractor, of which all such contractor’s 's workpersons shall be members in good standing; 12.2.4.6. each such contractor shall perform its work in a good and workpersonlike manner and shall not interfere with or hinder (i) the Landlord or any other contractor in any manner, (ii) any building operations or systems, or (iii) any tenant of Other Leased Premises; 12.2.4.7. there shall be no labor dispute of any nature whatsoever involving any such contractor or any workpersons of such contractor or the unions of which they are members with anyone; and if such a labor dispute exists or comes into existence the Tenant shall forthwith, at the Tenant’s 's sole cost and expense, remove all such contractors and their workpersons from the Building, the Common Facilities and the Property; 12.2.4.8. in each case, the electrical contractor, the HVAC contractor, the plumbing contractor and the security contractor engaged by the Tenant must be the same contractor which is engaged by the Landlord to perform work in the Building; and 12.2.4.912.2.4.8. the Tenant shall have the sole responsibility for the security, cleanliness and safety security of the Leased Premises and all contractors' materials, equipment and work, regardless of whether their work is in progress or completed. 12.2.4.10. Landlord’s approval of any or all of the construction drawings and specifications shall not constitute an opinion or agreement by Landlord as to the sufficiency or accuracy of such construction drawings and specifications or that such construction drawings and specifications comply with Law; nor shall such approval impose any present or future liability on Landlord or waive any of Landlord’s rights under this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Palatin Technologies Inc)

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