Common use of Alterations Mechanics Liens Clause in Contracts

Alterations Mechanics Liens. 10.01 Tenant will not make any alterations to the Premises without Landlord's prior written consent, except that Tenant may make nonstructural interior improvements not exceeding $25,000 in cost and not involving penetration of the roof, floor or weight-bearing walls. Tenant further agrees to notify Landlord of all Tenant alterations notwithstanding the consent limitation of the previous sentence. Landlord's consent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval: (i) Tenant's contractor, (ii) certificates of insurance by Tenant's contractor for commercial general liability insurance with limits not less than $2,000,000 General Aggregate, $1,000,000 Products/Complete Operations Aggregate, $1,000,000 Personal & Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage, $5,000 Medical Expense, $1,000,000 Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), Workers Compensation, including Employer's Liability, as required by state statute endorsed to show Landlord as an additional insured and for worker's compensation as required and (iii) detailed plans and specifications for such work. Tenant agrees that it will have its contractor execute a waiver of mechanic's lien and that Tenant will remove any mechanic's lien placed against the Project within ten (10) days of receipt of notice of lien. In addition, before alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the alterations begin, Tenant will diligently and continuously pursue their completion. At Landlord's option, any alterations may become part of the realty and belong to Landlord. If requested by Landlord, Tenant will pay, prior to the commencement of the construction, an amount determined by Landlord necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to its condition prior to such alterations. As a further condition to giving such consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one-half times the estimated costs of such alterations, to ensure Landlord against any liability for mechanic's and materialmen's liens and to ensure completion of work. Tenant, at Landlord's option, shall at Tenant's expense remove all alterations and repair all damage to the Premises.

Appears in 2 contracts

Samples: United Stationers Supply Co, United Stationers Supply Co

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Alterations Mechanics Liens. 10.01 A. Following the completion of Tenant’s Work pursuant to the terms and conditions of the Workletter attached hereto as Exhibit B, Tenant agrees not to make or suffer to be made any alteration, addition or improvement to or of the Premises (hereinafter referred to as “Alterations”), or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided, however, Tenant will not make any alterations have the right to the Premises without Landlord's perform Cosmetic Alterations which cost less than $50,000.00 per project after prior written consentnotice to Landlord but without the necessity of obtaining Landlord’s consent and no construction management fee (described in Paragraph 7.D below) will apply to such Cosmetic Alterations. Alterations are “Cosmetic Alterations” only if they do not involve or impact any Building HVAC, except mechanical, electrical and or plumbing systems or components thereof, are not structural in nature, cannot be seen from the outside of the Premises, and upon Landlord’s written request, will be removed by Tenant, with the restoration of any damage resulting from the installation or removal thereof in accordance with Article 17 below, at the end of the Term. At Tenant’s request at the time the Cosmetic Alteration is made, Landlord shall inform Tenant as to whether it will require the removal of any particular Cosmetic Alteration. By way of example and without limitation, it shall be reasonable for Landlord to withhold its consent to Alterations which might materially adversely affect the structural portions of the Building or the life-safety, electrical, plumbing, heating, ventilation, air-conditioning, fire-protection, telecommunications or other building systems (collectively, the “Building Systems”) or the exterior of the Building. In addition, as a condition of its consent to Alterations hereunder, Landlord may impose any reasonable requirements that Landlord considers desirable, including a requirement that Tenant provide Landlord with reasonable financial assurance that the cost of the Alterations will be paid when due, and if the Alterations is anticipated to cost in excess of $250,000 a surety bond, a letter of credit, or other financial assurance reasonably acceptable to Landlord that the cost of the Alterations will be paid when due. Landlord acknowledges that Tenant may make nonstructural interior improvements as part of Tenant’s Work pursuant to the Work Letter or as a subsequent Alteration elect to install solar panels (and associated infrastructure such as cabling and conduit) on the Building rooftop, and agrees that Landlord’s consent to such installation will not exceeding $25,000 in cost be unreasonably withheld, conditioned or delayed; provided that all such work shall be accomplished so as to not adversely impact any roof warranty and not involving penetration Tenant shall be responsible for all damage to the roof and other parts of the roofBuilding, floor or weight-bearing wallsand all other adverse consequences Landlord may suffer associated with the installation, use, maintenance and removal of such equipment. Tenant further Landlord agrees to notify Landlord respond to any request by Tenant for approval of all Tenant alterations notwithstanding the consent limitation of the previous sentence. Landlord's consent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval: (i) Tenant's contractor, (ii) certificates of insurance by Tenant's contractor for commercial general liability insurance with limits not less than $2,000,000 General Aggregate, $1,000,000 Products/Complete Operations Aggregate, $1,000,000 Personal & Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage, $5,000 Medical Expense, $1,000,000 Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), Workers Compensation, including Employer's Liability, as Alterations which approval is required by state statute endorsed to show Landlord as an additional insured and for worker's compensation as required and (iii) detailed plans and specifications for such work. Tenant agrees that it will have its contractor execute a waiver of mechanic's lien and that Tenant will remove any mechanic's lien placed against the Project hereunder within ten (10) business days after delivery of receipt of Tenant’s written request; Landlord’s response shall be in writing and, if Landlord withholds its consent, Landlord shall specify in reasonable detail in Landlord’s notice of liendisapproval, the basis for such disapproval, and the changes which would be required in order to obtain Landlord’s approval. In additionIf Landlord fails to notify Tenant of Landlord’s approval or disapproval of any such Plans within such ten (10) Business Day period, before alterations Tenant shall have the right to provide Landlord with a second written request for approval (a “Second Request”) that specifically identifies the applicable Plans and contains the following statement in bold and capital letters: “THIS IS A SECOND REQUEST FOR APPROVAL OF PLANS PURSUANT TO THE PROVISIONS OF PARAGRAPH 7(A) OF THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE WORK DESCRIBED HEREIN.” If Landlord fails to respond to such Second Request within five (5) Business Days after receipt by Landlord, the work in question shall be deemed approved by Landlord. If Landlord timely delivers to Tenant notice of Landlord’s disapproval of any plans, Tenant may beginrevise Tenant’s plans to incorporate the changes suggested by Landlord in Landlord’s notice of disapproval, valid building permits or other permits or licenses required must be furnished and resubmit such plans to Landlord; in such event, andthe scope of Landlord’s review of such plans shall be limited to Tenant’s correction of the items in which Landlord had previously objected in writing. Landlord’s review and approval (or deemed approval) of such revised plans shall be governed by the provisions set forth above in this Paragraph 7(A), once provided that the alterations begintime period for Landlord’s review will be five (5) business days. The procedure set out above for approval of Tenant’s plans will also apply to any change, Tenant will diligently and continuously pursue their completionaddition or amendment to Tenant’s plans. At Landlord's optionAlterations made by Tenant, including without limitation any alterations may partitions (movable or otherwise) or floor coverings, shall become a part of the realty Building and belong to Landlord; provided, however, that equipment, trade fixtures and movable furniture shall remain the property of Tenant. If requested Landlord consents to the making of any Alterations, the same shall be designed and constructed or installed by Tenant at Tenant’s expense (including expenses incurred in complying with applicable laws). All Alterations shall be performed only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld; provided that Tenant will paynot be required to retain union-affiliated contractors for the performance of such work. All Alterations shall be made in accordance with complete and detailed architectural, prior to the commencement of the construction, an amount determined mechanical and engineering plans and specifications approved in writing by Landlord necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to its condition prior to such alterations. As a further condition to giving such consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment shall be designed and performance bond in form acceptable to Landlord, diligently constructed in a principal amount good and workmanlike manner and in compliance with all applicable laws. The design and construction of any Alterations shall be performed in accordance with Landlord’s applicable rules, regulations and requirements. Tenant shall cause any Alterations to be made in such a manner and at such times so that any such work shall not less than one disrupt or interfere with the use or occupancy of other tenants or occupants of adjacent buildings. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of Tenant’s plans and one-half times the estimated costs specifications, Tenant’s contractors or subcontractors, design of such alterationsany work, to ensure Landlord against construction of any liability for mechanic's and materialmen's liens and to ensure work, or delay in completion of any work. Tenant, at Landlord's option, shall at Tenant's expense remove all alterations and repair all damage to the Premises.

Appears in 1 contract

Samples: Lease (Colonnade Acquisition Corp.)

Alterations Mechanics Liens. 10.01 Except for nonstructural changes, alterations, or additions which do not decrease the value of the Premises, Tenant will not make any alterations to the Premises without Landlord's prior written consent, except that Tenant may make nonstructural interior improvements not exceeding $25,000 in cost and not involving penetration of the roof, floor or weight-bearing walls. Tenant further agrees to notify Landlord of all Tenant alterations notwithstanding the consent limitation of the previous sentence. Landlord's consent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approvalapproval which approval shall not be unreasonably withheld in accordance with the provisions of this Article 10: (i) Tenant's contractor, (ii) certificates of insurance by Tenant's contractor for commercial general liability insurance with limits not less than $2,000,000 General Aggregate, $1,000,000 Aggregate,$1,000,000 Products/Complete Operations Aggregate, $1,000,000 Aggregate,$1,000,000 Personal & Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage, $5,000 Medical Expense, $1,000,000 Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), Workers Compensation, including Employer's Liability, as required by state statute endorsed to show Landlord as an additional insured and for worker's compensation as required and (iii) detailed plans and specifications for such work. Tenant agrees that it will have its contractor execute a waiver of mechanic's lien and that Tenant will remove any mechanic's lien placed against the Project or provide a bond or other collateral in an amount and on such terms as are acceptable to Landlord in Landlord's reasonable discretion (it being agreed that Landlord may require removal of and Tenant shall immediately remove any such liens if so required by Landlord's lenders or otherwise to finance or refinance the Project or Premises) within ten (10) days of receipt of notice of lien. In addition, before alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the alterations begin, Tenant will diligently and continuously pursue their completion. At Landlord's option, any alterations may become part of the realty and belong to Landlord. If requested by Landlord, Tenant will pay, prior to the commencement of the construction, an amount determined by Landlord necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to its condition prior to such alterations. As a further condition to giving such consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one-half times the estimated costs of such alterations, to ensure Landlord against any liability for mechanic's and materialmen's liens and to ensure completion of work. Tenant, at Landlord's option, shall at Tenant's expense remove all alterations and repair all damage to the Premises.

Appears in 1 contract

Samples: Microage Inc /De/

Alterations Mechanics Liens. 10.01 Tenant will not make any alterations to the Premises without Landlord's prior written consent, except that Tenant may make nonstructural interior improvements not exceeding $25,000 in cost and not involving penetration of the roof, floor or weight-bearing walls. Tenant further agrees to notify Landlord of all Tenant alterations notwithstanding the consent limitation of the previous sentence. Landlord's consent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval: (iI) Tenant's contractor, (ii) certificates of insurance by Tenant's contractor for commercial general liability insurance with limits not less than $2,000,000 General Aggregate, $1,000,000 Products/Complete Operations Aggregate, $1,000,000 l,000,000 Personal & Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage, $5,000 Medical Expense, $1,000,000 Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), . Workers Compensation, including Employer's Liability, as required by state statute endorsed to show Landlord as an additional insured and for worker's compensation as required and (iii) detailed plans and specifications for such work. Tenant agrees that it will have its contractor execute a waiver of mechanic's lien and that Tenant will remove any mechanic's lien placed against the Project within ten (10) days of receipt of notice of lien. In addition, before alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the alterations begin, Tenant will diligently and continuously pursue their completion. At Landlord's option, any alterations may become part of the realty and belong to Landlord. If requested by Landlord, Tenant will pay, prior to the commencement of the construction, an amount determined by Landlord necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to its condition prior to such alterations. As a further condition to giving such consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one-half times the estimated costs of such alterations, to ensure Landlord against any liability for mechanic's and materialmen's liens and to ensure completion of work. Tenant, at Landlord's option, shall at Tenant's expense remove all alterations and repair all damage to the Premises.

Appears in 1 contract

Samples: Innotrac Corp

Alterations Mechanics Liens. 10.01 Tenant will shall not make any alterations to the Premises Property without Landlord's prior written consent, except that Tenant may make nonstructural interior improvements not exceeding $25,000 in cost and not involving penetration of the roof, floor or weight-bearing walls. Tenant further agrees to notify Landlord of all Tenant alterations notwithstanding the consent limitation of the previous sentence. Landlord's consent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval: (i) the name of Tenant's contractor, (ii) certificates of insurance by from Tenant's contractor for evidencing that Tenant's contractor is covered by a policy of commercial general liability insurance insurance, with limits not less than Two Million Dollars ($2,000,000 2,000,000) General Aggregate, One Million Dollars ($1,000,000 1,000,000) Products/Complete Operations Aggregate, One Million Dollars ($1,000,000 1,000,000) Personal & Advertising Injury, One Million Dollars ($1,000,000 1,000,000) Each Occurrence, Fifty Thousand Dollars ($50,000 50,000) Fire Damage, Five Thousand Dollars ($5,000 5,000) Medical Expense, One Million Dollars ($1,000,000 1,000,000) Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), Workers Compensation, including Employer's Liability, as required by state statute statute, all endorsed to show Landlord as an additional insured and for worker's compensation as required and (iii) detailed plans and specifications for such work. Tenant agrees that it will have shall cause its contractor to execute a waiver of mechanic's lien and that Tenant will shall remove any mechanic's lien placed against the Project within ten (10) days of receipt of a notice of any such lien. In addition, before the commencement of any alterations may beginwork, Tenant shall furnish to Landlord a copy of a valid building permits or permit and any such other permits or licenses required must be furnished to Landlordin connection therewith, and, once the alterations begin, work begins. Tenant will shall diligently and continuously pursue their it to completion. At Landlord's option, any alterations may become part of the realty and belong to Landlord. If requested by Landlord, Tenant will pay, prior to the commencement of the construction, an amount determined by Landlord necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to its condition prior to such alterations. As a further condition to giving such consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, with a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one-half (1 1/2) times the estimated costs cost of such alterations, to ensure insure Landlord against any liability for mechanic's and materialmen's liens and to ensure completion of work. Tenant, at At Landlord's option, shall any alterations may become part of the Property realty and belong to Landlord. Alternatively, Landlord may require Tenant, at Tenant's expense sole cost and expense, to remove all any such alterations upon the expiration or earlier termination of the Lease Term and repair all damage shall restore the Property to its condition prior to the Premisesinstallation of such alterations, reasonable wear and tear excepted. If requested by Landlord, Tenant shall pay, prior to the commencement of any such alterations work, an amount determined by Landlord as necessary to cover the costs of demolishing such alterations at the expiration or earlier termination of the Lease Term, and/or the cost of restoring the Property to such prior condition.

Appears in 1 contract

Samples: Lease Agreement (Intuit Inc)

Alterations Mechanics Liens. 10.01 Tenant 11.01 Except as otherwise provided in Exhibit B, Lessee will not make any alterations to the Premises without Landlord's Lessor’s prior written consent, except that Tenant which Lessor may make nonstructural interior improvements not exceeding $25,000 in cost and not involving penetration of the roof, floor or weight-bearing wallswithhold at its sole discretion. Tenant further agrees to notify Landlord of all Tenant No such alterations notwithstanding the consent limitation of the previous sentence. Landlord's consent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approvalmay proceed without Lessor’s prior written approval of: (i) Tenant's Lessee’s contractor, ; (ii) certificates of insurance by Tenant's contractor for commercial general liability insurance with limits not less than $2,000,000 General Aggregate, $1,000,000 Products/Complete Operations Aggregate, $1,000,000 Personal & Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage, $5,000 Medical Expense, $1,000,000 Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), Workers Compensation, including Employer's Liability, as required by state statute endorsed to show Landlord as an additional insured and for worker's compensation as required and (iii) detailed plans and specifications for such work. Tenant agrees that it will have its contractor execute a work approved by the applicable governmental agencies; (iii) Lessee’s contractor’s waiver of its mechanic's ’s lien rights and guarantee that Tenant will remove any mechanic's lien ’s liens placed against the Project Premises will be removed within ten thirty (1030) days of receipt of notice of intent to file lien; and (iv) certificates of insurance indicating that Lessee’s contractor carries workers’ compensation insurance and is insured for public liability, automobile liability (owned and non-owned) and property damage with combined single limit per occurrence coverage of not less than $1,000,000. All liability policies shall be endorsed to show Lessor as an additional insured. In addition, before alterations may begin, valid building permits or other required permits or licenses required must be furnished to Landlord, and, once Lessor. Once the alterations begin, Tenant Lessee will diligently and continuously pursue their completion. At Landlord's Lessor’s option, any alterations alteration may become part of the realty and belong to LandlordLessor. If requested by Landlord, Tenant will payLessor, prior to the commencement of the construction, Lessee will pay an amount determined by Landlord Lessor necessary to cover the costs of demolishing such alterations alteration and/or the cost costs of returning the Premises to its condition prior to before such alterationsalteration. As a further condition to giving such consent, Landlord Lessor may also require Tenant Lessee or Lessee’s contractor to provide LandlordLessor, at Tenant's Lessee’s sole cost and expense, a payment and performance bond in form acceptable to LandlordLessor, in a principal amount not less than one and one-half times the estimated costs cost of such alterations, underwritten by a surety company acceptable to ensure Landlord against any liability Lessor. Lessee shall be responsible for mechanic's and materialmen's liens and to ensure completion meeting all requirements of work. Tenant, at Landlord's option, shall at Tenant's expense remove all alterations and repair all damage to the PremisesAmericans with Disabilities Act (ADA).

Appears in 1 contract

Samples: Lease (Insys Therapeutics, Inc.)

Alterations Mechanics Liens. 10.01 Tenant 11.01 Lessee will not make any alterations to the Premises interior of the Premises, without Landlord's Lessor’s prior written consent which will not be unreasonably withheld. If Lessor gives its consent, except that Tenant may make nonstructural interior improvements not exceeding $25,000 in cost and not involving penetration no such alterations will proceed without Lessor’s prior written approval of the roof, floor or weight-bearing walls. Tenant further agrees to notify Landlord of all Tenant alterations notwithstanding the consent limitation of the previous sentence. Landlord's consent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval: (i) Tenant's Lessee’s contractor, (ii) certificates of insurance by Tenant's Lessee’s contractor for commercial general public liability and automobile liability and property damage insurance with limits not less than $2,000,000 General Aggregate, $1,000,000 Products/Complete Operations Aggregate, $1,000,000 Personal & Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage, $5,000 Medical Expense, $1,000,000 Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), Workers Compensation, including Employer's Liability, as required by state statute 1,000,000/$250,000/$500,000 respectively endorsed to show Landlord Lessor as an additional insured and for worker's ’s compensation as required and required, (iii) detailed plans and specifications for such work. Tenant work and (iv) Lessee agrees that it will have its contractor execute a waiver of mechanic's ’s lien and that Tenant Lessee will remove guarantee that any mechanic's ’s lien placed against the Project will be removed by Lessee within ten thirty (1030) days of receipt of notice of intent to file lien. In addition, before alterations may begin, valid building permits or other permits or licenses required must be furnished to LandlordLessor, and, once the alterations begin, Tenant Lessee will diligently and continuously pursue their completion. At Landlord's Lessor’s option, any alterations may become part of the realty and belong to LandlordLessor without compensation to Lessee and will pass title to Lessor under this Lease as by a Xxxx of Sale. If requested by LandlordLessor, Tenant Lessee will pay, prior to the commencement of the construction, an amount determined by Landlord Lessor necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to its their condition prior to before any such alterationsalteration. As a further condition to giving such consent, Landlord Lessor may also require Tenant Lessee to provide LandlordLessor, at Tenant's Lessee’s sole cost and expense, a payment and performance bond in form acceptable to LandlordLessor, in a principal amount not less Less than one and one-half times the estimated costs cost of such alterations, to ensure Landlord insure Lessor against any liability for mechanic's ’s and materialmen's material men’s liens and to ensure insure completion of the work. Tenant, at Landlord's option, shall at Tenant's expense remove all alterations and repair all damage to the Premises.

Appears in 1 contract

Samples: Texas Lease (Iii to I Maritime Partners Cayman I Lp)

Alterations Mechanics Liens. 10.01 Tenant will not make any alterations to the Premises without Landlord's prior written consent, except that Tenant may make nonstructural interior improvements not exceeding $25,000 in cost and not involving penetration of the roof, floor or weight-bearing walls. Tenant further agrees to notify Landlord of all Tenant alterations notwithstanding the consent limitation of the previous sentence. Landlord's consent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's reasonable and prompt approval: (i) Tenant's contractor, (ii) certificates of insurance by Tenant's contractor for commercial general liability insurance with limits not less than $2,000,000 General Aggregate, $1,000,000 Aggregate,$1,000,000 Products/Complete Operations Aggregate, $1,000,000 Aggregate,$1,000,000 Personal & Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage, $5,000 Medical Expense, $1,000,000 Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), Workers Compensation, including Employer's Liability, as required by state statute endorsed to show Landlord as an additional insured and for worker's compensation as required and (iii) detailed plans and specifications for such work. Tenant agrees that it will have its contractor execute a waiver of mechanic's lien upon payment for work and that Tenant will remove any mechanic's lien placed against the Project within ten twenty (1020) days of receipt of notice of lienlien by bonding pursuant to Section 108.2413 of the NRS or otherwise. In addition, before alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the alterations begin, Tenant will diligently and continuously pursue their completion. At Landlord's option, any alterations may become part of the realty and belong to Landlord. If requested by Landlord, Tenant will pay, prior to the commencement of the construction, an amount determined by Landlord necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to its condition prior to such alterations. As a further condition to giving such consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one-half times the estimated costs of such alterations, to ensure Landlord against any liability for mechanic's and materialmen's liens and to ensure completion of work. Tenant, at Landlord's option, shall at Tenant's expense remove all alterations and repair all damage to the Premises.

Appears in 1 contract

Samples: Igo Corp

Alterations Mechanics Liens. 10.01 (a) Tenant will shall not make or allow to be made any alterations alterations, additions or improvements to the Premises or any part thereof without first obtaining the written consent of Landlord's prior written consent, which consent shall not be unreasonably withheld, except that Tenant may make nonstructural interior improvements not exceeding $25,000 in cost and not involving penetration of the roof, floor or weight-bearing walls. Tenant further agrees to notify Landlord of all Tenant alterations notwithstanding the consent limitation of the previous sentence. Landlord's consent may be granted or withheld by Landlord in its sole, absolute and arbitrary discretion as to all alterations alterations, additions, or improvements which affect the structural components or integrity of the Premises or are visible on the exterior of the Premises. Any alterations, additions or improvements to said Premises, except movable furniture and trade fixtures, shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval: (i) Tenant's contractor, (ii) certificates of insurance by Tenant's contractor for commercial general liability insurance with limits not less than $2,000,000 General Aggregate, $1,000,000 Products/Complete Operations Aggregate, $1,000,000 Personal & Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage, $5,000 Medical Expense, $1,000,000 Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), Workers Compensation, including Employer's Liability, as required by state statute endorsed to show Landlord as an additional insured and for worker's compensation as required and (iii) detailed plans and specifications for such work. Tenant agrees that it will have its contractor execute at once become a waiver of mechanic's lien and that Tenant will remove any mechanic's lien placed against the Project within ten (10) days of receipt of notice of lien. In addition, before alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the alterations begin, Tenant will diligently and continuously pursue their completion. At Landlord's option, any alterations may become part of the realty and belong to Landlord. If requested by Landlord, Tenant will pay, prior the Landlord and shall be surrendered to the commencement of Landlord with the constructionPremises; provided, an amount determined by Landlord necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to its condition prior to such alterations. As a further condition to giving such consenthowever, Landlord may require that Tenant to provide Landlordshall, at Tenant's sole own cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one-half times the estimated costs of remove any such alterations, additions or improvements made by Tenant upon the expiration or sooner termination of the Term if requested to ensure do so by Landlord against and, at such time, repair any liability damage to the Premises caused by such removal. Together with its request for mechanic's consent for any additions, alterations or improvements, Tenant shall submit to Landlord plans for the proposed work prepared and materialmen's liens sealed by an architect or engineer licensed by the State of Florida. No work shall commence until Landlord has approved the plans for the work, and to ensure completion there shall be no variation from the plans once approved by Landlord. Tenant shall reimburse Landlord for all reasonable costs incurred by Landlord in connection with the review and approval of the plans for such work. Landlord agrees to act with reasonable promptness with respect to such plans. In the event Landlord consents to the making of any alterations, additions or improvements to the Premises by Tenant, at Landlord's option, the same shall be made by Tenant at Tenant's expense remove all alterations own cost and repair all damage expense. Landlord shall have the right to require that any such work be fully bonded. All such alterations, additions and improvements shall be constructed in a good and workmanlike manner, in accordance with the Premisesapproved plans and a construction schedule approved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (TNR Technical Inc)

Alterations Mechanics Liens. 10.01 Tenant will not make any alterations to the Premises without Landlord's prior written consent, except that Tenant may make nonstructural interior improvements which consent shall not exceeding $25,000 in cost and not involving penetration of the roof, floor or weight-bearing walls. Tenant further agrees to notify Landlord of all Tenant alterations notwithstanding the consent limitation of the previous sentencebe unreasonably withheld. Landlord's consent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval: (i) Tenant's contractor, (ii) certificates of insurance by Tenant's contractor for commercial general liability insurance with limits not less than $2,000,000 General Aggregate, $1,000,000 Products/Complete Operations Aggregate, $1,000,000 Personal & Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage, $5,000 Medical Expense, $1,000,000 Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), Workers Compensation, including Employer's Liability, as required by state statute endorsed to show Landlord as an additional insured and for worker's compensation as required and (iii) detailed plans and specifications for such work. Tenant agrees that it will have its contractor execute a waiver of mechanic's lien and that Tenant will remove any mechanic's lien placed against the Project within ten (10) days of hays xx receipt of notice of lien. In addition, before alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the alterations begin, Tenant will diligently and continuously pursue their completion. At Landlord's option, any alterations may become part of the realty and belong to Landlord. If requested by Landlord, Tenant will pay, prior to the commencement of the construction, an amount determined by Landlord necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to its condition prior to such alterations. As a further condition to giving such consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one-half times the estimated costs of such alterations, to ensure Landlord against any liability for mechanic's and materialmen's liens and to ensure completion of work. Tenant, at Landlord's option, shall at Tenant's expense remove all alterations and repair all damage to the Premises.

Appears in 1 contract

Samples: Rexall Sundown Inc

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Alterations Mechanics Liens. 10.01 Tenant will shall not make or permit any repairs, improvements, installations or alterations whatsoever to be made to the Premises without Landlord's prior written consent, except that Tenant may make nonstructural interior improvements not exceeding $25,000 in cost and not involving penetration consent of Landlord. Any addition to or alteration of the roof, floor or weight-bearing walls. Tenant further agrees to notify Landlord of all Tenant alterations notwithstanding the consent limitation of the previous sentence. Landlord's consent to all alterations Premises (except furniture and trade fixtures) shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval: (i) Tenant's contractor, (ii) certificates of insurance by Tenant's contractor for commercial general liability insurance with limits not less than $2,000,000 General Aggregate, $1,000,000 Products/Complete Operations Aggregate, $1,000,000 Personal & Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage, $5,000 Medical Expense, $1,000,000 Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), Workers Compensation, including Employer's Liability, as required by state statute endorsed to show Landlord as an additional insured and for worker's compensation as required and (iii) detailed plans and specifications for such work. Tenant agrees that it will have its contractor execute become at once a waiver of mechanic's lien and that Tenant will remove any mechanic's lien placed against the Project within ten (10) days of receipt of notice of lien. In addition, before alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the alterations begin, Tenant will diligently and continuously pursue their completion. At Landlord's option, any alterations may become part of the realty and belong to Landlord. If requested by Landlord, Tenant will pay, prior to the commencement of the construction, an amount determined by Landlord necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to its condition prior to such alterations. As a further condition to giving of such consent, Landlord may require Tenant to provide such documents and other evidence as Landlord may, in his sole discretion, deem appropriate, including, but not limited to: (a) proposed plans and specifications for any such repairs, improvements, installations or alterations, and (b) all documents necessary to show permits have been obtained and that the proposed work will not in any way affect the structural integrity of the Premises. Tenant shall supply to Landlord as-built drawings of all such work within thirty (30) days after completion of such work. Tenant will post notices of Landlord's non-responsibility for material supplied, labor performed, and any injuries or accidents at all entrances to the Premises prior to the commencement of the said work. Not later than the last day of the Term, Tenant, at its expense, shall remove all of Tenant's personal property which has not become the property of Landlord and Tenants' furniture and trade fixtures, repair all injury done by or in connection with the installation or removal of same, and surrender the Premises in as good condition as they were at the beginning of the Term, reasonable wear and tear excepted. Tenant shall keep the Premises and therein free and clear from any liens arising out of any work performed, material furnished or obligations incurred by Tenant; and failure to do so shall constitute a default by Tenant. Tenant, within thirty (30) days after notice from Landlord, shall discharge any construction lien for materials or labor claimed to have been furnished to the Premises on Tenant's behalf. Landlord, at Tenant's its sole cost and expenseoption, may require Tenant to post a bond to guarantee payment and performance of obligations of Tenant which could be secured with liens recordable against the Premises. In the event Tenant fails to so discharge such liens, Tenant shall be in default of this Lease whereupon Landlord shall have the right to take any action necessary to satisfy, compromise or bond in form acceptable any such liens, whereupon Tenant shall be liable to Landlord, in on demand, for all costs and expenses incurred by Landlord to obtain a principal amount not less than one and one-half times the estimated costs discharge or bond of such alterations, to ensure Landlord against any liability for mechanic's and materialmen's liens and to ensure completion of work. Tenant, at Landlord's option, shall at Tenant's expense remove all alterations and repair all damage to the Premiseslien.

Appears in 1 contract

Samples: Lease (Nuco2 Inc /Fl)

Alterations Mechanics Liens. 10.01 Tenant will not make any alterations to the Premises without Landlord's prior written consent, except that Tenant may make nonstructural interior improvements consent which consent shall not exceeding $25,000 be unreasonably withheld in cost and not involving penetration accordance with the provisions of the roof, floor or weight-bearing walls. Tenant further agrees to notify Landlord of all Tenant alterations notwithstanding the consent limitation of the previous sentencethis Section 10. Landlord's consent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval: (i) Tenant's contractor, (ii) certificates of insurance by Tenant's contractor for commercial general genxxxx liability insurance with limits not less than $2,000,000 General Aggregate, $1,000,000 Aggregate,$1,000,000 Products/Complete Operations Aggregate, $1,000,000 Aggregate,$1,000,000 Personal & Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage, $5,000 Medical Expense, $1,000,000 Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), Workers Compensation, including Employer's Liability, as required by state statute endorsed to show Landlord as an additional insured and for worker's compensation as required and (iii) detailed plans and specifications for such work. Tenant agrees that it will have its contractor execute a waiver of mechanic's lien and that Tenant will remove any mechanic's lien placed against the Project or provide a bond or other collateral in an amount and on such terms as are acceptable to Landlord in Landlord's reasonable discretion (it being agreed that Landlord may require removal of and Tenant shall immediately remove any such liens if so required by Landlord's lenders, partners, affilixxxx, xr otherwise to finance, refinance, sell, or transfer the Project) within ten twenty (1020) days of receipt of notice of lien. In addition, before alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the alterations begin, Tenant will diligently and continuously pursue their completion. At Landlord's option, any alterations may become part of the realty and belong to Landlord. If requested by Landlord, Tenant will pay, prior to the commencement of the construction, an amount determined by Landlord necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to its condition prior to such alterations. As a further condition to giving such consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one-half times the estimated costs of such alterations, to ensure Landlord against any liability for mechanic's and materialmen's liens and to ensure completion of work. Tenant, at Landlord's option, shall at Tenant's expense remove all alterations and repair all damage to the Premises. Notwithstanding the foregoing, Tenant may, without Landlord's prior consent, make nonstructural changes, alterations, and additions to the interior of the Premises which increase the value of the Premises. Such additions may include, without limitation, installation of computer cabling, painting, and telecommunications systems. Tenant agrees not to install any equipment on or otherwise modify, repair or alter the roof of the Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed.

Appears in 1 contract

Samples: Brightpoint Inc

Alterations Mechanics Liens. 10.01 A. Following the completion of Tenant’s Work pursuant to the terms and conditions of the Workletter attached hereto as Exhibit B, Tenant agrees not to make or suffer to be made any alteration, addition or improvement to or of the Premises (hereinafter referred to as “Alterations”), or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided, however, Tenant will not make any alterations have the right to the Premises without Landlord's perform Cosmetic Alterations which cost less than $50,000.00 after prior written consentnotice to Landlord but without the necessity of obtaining Landlord’s consent and no construction management fee (described in Paragraph 7.D below) will apply to such Cosmetic Alterations. Alterations are “Cosmetic Alterations” only if they do not involve or impact any Building HVAC, except mechanical, electrical and or plumbing systems or components thereof, are not structural in nature, cannot be seen from the outside of the Premises, and upon Landlord’s written request, will be removed by Tenant, with the restoration of any damage resulting from the installation or removal thereof in accordance with Article 17 below, at the end of the Term. At Tenant’s request at the time the Cosmetic Alteration is made, Landlord shall inform Tenant as to whether it will require the removal of any particular Cosmetic Alteration. By way of example and without limitation, it shall be reasonable for Landlord to withhold its consent to Alterations which might materially adversely affect the structural portions of the Building or the life-safety, electrical, plumbing, heating, ventilation, air-conditioning, fire-protection, telecommunications or other building systems (collectively, the “Building Systems”). In addition, as a condition of its consent to Alterations hereunder, Landlord may impose any reasonable requirements that Landlord considers desirable, including a requirement that Tenant provide Landlord with reasonable financial assurance that the cost of the Alterations will be paid when due. Landlord acknowledges that Tenant may make nonstructural interior improvements as part of Tenant’s Work pursuant to the Work Letter or as a subsequent Alteration elect to install solar panels (and associated infrastructure such as cabling and conduit) on the Building rooftop, and agrees that Landlord’s consent to such installation will not exceeding $25,000 in cost be unreasonably withheld, conditioned or delayed; provided that all such work shall be accomplished so as to not adversely impact any roof warranty and not involving penetration Tenant shall be responsible for all damage to the roof and other parts of the roofBuilding, floor or weight-bearing wallsand all other adverse consequences Landlord may suffer associated with the installation, use, maintenance and removal of such equipment. Tenant further Landlord agrees to notify Landlord respond to any request by Tenant for approval of all Tenant alterations notwithstanding the consent limitation of the previous sentence. Landlord's consent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval: (i) Tenant's contractor, (ii) certificates of insurance by Tenant's contractor for commercial general liability insurance with limits not less than $2,000,000 General Aggregate, $1,000,000 Products/Complete Operations Aggregate, $1,000,000 Personal & Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage, $5,000 Medical Expense, $1,000,000 Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), Workers Compensation, including Employer's Liability, as Alterations which approval is required by state statute endorsed to show Landlord as an additional insured and for worker's compensation as required and (iii) detailed plans and specifications for such work. Tenant agrees that it will have its contractor execute a waiver of mechanic's lien and that Tenant will remove any mechanic's lien placed against the Project hereunder within ten (10) business days after delivery of receipt of Tenant’s written request; Landlord’s response shall be in writing and, if Landlord withholds its consent, Landlord shall specify in reasonable detail in Landlord’s notice of liendisapproval, the basis for such disapproval, and the changes which would be required in order to obtain Landlord’s approval. In additionIf Landlord fails to notify Tenant of Landlord’s approval or disapproval of any such Plans within such ten (10) Business Day period, before alterations Tenant shall have the right to provide Landlord with a second written request for approval (a “Second Request”) that specifically identifies the applicable Plans and contains the following statement in bold and capital letters: “THIS IS A SECOND REQUEST FOR APPROVAL OF PLANS PURSUANT TO THE PROVISIONS OF PARAGRAPH 7(A) OF THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE WORK DESCRIBED HEREIN.” If Landlord fails to respond to such Second Request within five (5) Business Days after receipt by Landlord, the work in question shall be deemed approved by Landlord. If Landlord timely delivers to Tenant notice of Landlord’s disapproval of any plans, Tenant may beginrevise Tenant’s plans to incorporate the changes suggested by Landlord in Landlord’s notice of disapproval, valid building permits or other permits or licenses required must be furnished and resubmit such plans to Landlord; in such event, andthe scope of Landlord’s review of such plans shall be limited to Tenant’s correction of the items in which Landlord had previously objected in writing. Landlord’s review and approval (or deemed approval) of such revised plans shall be governed by the provisions set forth above in this Paragraph 7(A), once provided that the alterations begintime period for Landlord’s review will be five (5) business days. The procedure set out above for approval of Tenant’s plans will also apply to any change, Tenant will diligently and continuously pursue their completionaddition or amendment to Tenant’s plans. At Landlord's optionAlterations made by Tenant, including without limitation any alterations may partitions (movable or otherwise) or floor coverings, shall become a part of the realty Building and belong to Landlord; provided, however, that equipment, trade fixtures and movable furniture shall remain the property of Tenant. If requested Landlord consents to the making of any Alterations, the same shall be designed and constructed or installed by Tenant at Tenant’s expense (including expenses incurred in complying with applicable laws). All Alterations shall be performed only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld; provided that Tenant will paynot be required to retain union-affiliated contractors for the performance of such work. All Alterations shall be made in accordance with complete and detailed architectural, prior to the commencement of the construction, an amount determined mechanical and engineering plans and specifications approved in writing by Landlord necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to its condition prior to such alterations. As a further condition to giving such consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment shall be designed and performance bond in form acceptable to Landlord, diligently constructed in a principal amount good and workmanlike manner and in compliance with all applicable laws. The design and construction of any Alterations shall be performed in accordance with Landlord’s applicable rules, regulations and requirements. Tenant shall cause any Alterations to be made in such a manner and at such times so that any such work shall not less than one disrupt or interfere with the use or occupancy of other tenants or occupants of adjacent buildings. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of Tenant’s plans and one-half times the estimated costs specifications, Tenant’s contractors or subcontractors, design of such alterationsany work, to ensure Landlord against construction of any liability for mechanic's and materialmen's liens and to ensure work, or delay in completion of any work. Tenant, at Landlord's option, shall at Tenant's expense remove all alterations and repair all damage to the Premises.

Appears in 1 contract

Samples: NNN Lease (Colonnade Acquisition Corp.)

Alterations Mechanics Liens. 10.01 Tenant will 11.01 Lessee shall not make any alterations to the interior of the Premises without LandlordLessxx'x xrior written consent, which consent shall not be unreasonably withheld. If Lessor gives its consent, no such alterations shall proceed without Lessor's prior written consent, except that Tenant may make nonstructural interior improvements not exceeding $25,000 in cost and not involving penetration approval of the roof, floor or weight-bearing walls. Tenant further agrees to notify Landlord of all Tenant alterations notwithstanding the consent limitation of the previous sentence. Landlord's consent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval: (i) TenantLessee's contractor, (ii) certificates of insurance by Tenant's contractor Lessxx'x xontractor for commercial general public liability and automobile liability and property damage insurance with limits not less than $2,000,000 General Aggregate1,000,000.00/$250,000.00/$500,000.00, $1,000,000 Products/Complete Operations Aggregaterespectively, $1,000,000 Personal & Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage, $5,000 Medical Expense, $1,000,000 Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), Workers Compensation, including Employer's Liability, as required by state statute endorsed to show Landlord Lessor as an additional insured and for worker's compensation as required required, and (iii) detailed plans and specifications for such work and as built plans upon completion of such work. Tenant agrees Lessxx xxxees that it will have its contractor execute a waiver shall keep the Premises and the Project free of all mechanic's lien liens and that Tenant will remove any mechanic's mechanics lien placed against the Project shall be removed within ten (10) days of receipt of notice of intent to file lien. In addition, before alterations may begin, valid building permits or other permits or licenses required must be furnished to LandlordLessor, and, once the alterations begin, Tenant will Lessee shall diligently and continuously pursue their completion. At LandlordLessor's option, any alterations may become part of the realty and belong to LandlordLessor. If requested required by LandlordLessor, Tenant will Lessee shall pay, prior to the commencement of the construction, an amount determined by Landlord Lessor as necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to its their condition prior to before any such alterations. As a further condition to giving such consent, Landlord Lessor may also require Tenant Lessee to provide LandlordLessor, at Tenant's sole Lessxx'x xole cost and expense, a payment and performance bond in form acceptable to LandlordLessor, in a principal amount not less than one and one-half times the estimated costs cost of such alterations, to ensure Landlord insure Lessor against any liability for mechanic's and materialmen's liens and to ensure insure completion of the work. TenantNotwithstanding anything to the contrary in this Section 1 1.01, at LandlordLessee shall have the right to construct non-structural alterations and improvements to the Premises without Lessor's optionprior approval, if the cost of any alteration project does not exceed $10,000, provided Lessee secures all necessary permits, licenses, and required governmental approvals and "Copies of such are provided to Lessor. Upon Lessxx'x xequest from time to time, Lessor shall advise Lessee in writing whether Lessor will require Lessee to remove any alterations or improvements upon termination of this Lease. Lessee's trade fixtures, furniture, equipment and other personal property installed in the Premises shall at Tenant's expense all times be Lessxx'x xroperty, and Lessee may remove any or all alterations of such property from the Premises at any time and repair from time to time provided that Lessee repairs all damage to the Premisescaused by such removal. Lessor shall have no lien or other interest whatsoever in any item of such property.

Appears in 1 contract

Samples: Office Lease (Software Technologies Corp/)

Alterations Mechanics Liens. 10.01 13.1 Tenant will shall not make or suffer to be made any alterations alterations, additions or improvements to the Premises or any part thereof, including but not limited to painting, redecorating, remodeling or the attachment of any fixtures or equipment (all of such activities being referred to herein as “Alterations”), without obtaining Landlord's ’s prior written consent, which consent will not be unreasonably withheld, conditioned or delayed, except that Tenant may make nonstructural interior improvements not exceeding $25,000 in cost as set forth herein. Notwithstanding the foregoing, if any proposed Alterations involve modifications to the structural, mechanical, electrical, plumbing, fire/life safety or heating, ventilating and not involving penetration air conditioning systems of the roofBuilding (each, floor or weight-bearing walls. Tenant further agrees to notify Landlord of all Tenant alterations notwithstanding the a “Structural Alteration”), then Landlord’s consent limitation of the previous sentencemay be withheld in Landlord’s sole and absolute discretion. Landlord's ’s consent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all of which shall be subject to Landlord's ’s approval: (ia) the name of Tenant's contractor’s proposed contractor(s), (iib) certificates evidence of insurance by from Tenant's contractor for commercial general liability insurance with limits not less than $2,000,000 General Aggregate’s contractor(s) as set forth in this Article, $1,000,000 Products/Complete Operations Aggregate, $1,000,000 Personal & Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage, $5,000 Medical Expense, $1,000,000 Auto Liability (Combined Single Limit, including Hired/Non-Owned Auto Liability), Workers Compensation, including Employer's Liability, as required by state statute endorsed to show Landlord as an additional insured and for worker's compensation as required and (iiic) detailed plans and specifications for such work. Tenant agrees that it will have its contractor execute a waiver of mechanic's lien the proposed Alterations (if applicable, as determined by Landlord), and that Tenant will remove any mechanic's lien placed against the Project within ten (10d) days of receipt of notice of lien. In addition, before alterations may begin, valid building permits or other permits or licenses licenses, as required must be furnished to Landlord, and, once by the alterations begin, Tenant will diligently and continuously pursue their completionappropriate governing authority. At Landlord's option, any alterations Landlord may become part of the realty and belong to Landlord. If requested by Landlord, Tenant will pay, prior to the commencement of the construction, an amount determined by Landlord necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to its condition prior to such alterations. As a further condition to giving such consent, Landlord may require its consent by requiring Tenant to (x) give Landlord satisfactory proof of Tenant’s financial ability to complete and fully pay for such Alterations, (y) deposit with Landlord the estimated sum required to complete such Alterations, and/or (z) provide to Landlord, at Tenant's ’s sole cost and expense, a payment and performance bond in form acceptable to Landlord, Landlord and in a principal amount of not less than one and one-half times hundred fifty percent (150%) of the estimated costs cost of such alterations, Alterations (or such other form of security acceptable to ensure Landlord in its sole discretion) to insure Landlord against any liability for mechanic's and materialmen's liens Liens (as defined below) and to ensure completion of workall work associated therewith. Landlord’s consent or disapproval shall be given within fifteen (15) days following Tenant’s written request, at with any disapproval specifying the reasons therefor, and any failure of Landlord to respond to any request within such fifteen (15) day period shall be deemed Landlord's option’s disapproval of the proposed Alteration. All Alterations shall be made in compliance with applicable municipal, county, state and federal laws, codes and regulations, including without limitation the Americans With Disabilities Act of 1990 and its related rules and regulations (“ADA”). Notwithstanding the foregoing, Tenant may make interior cosmetic Alterations within the Premises, that are not Structural Alterations, without Landlord’s prior written consent, provided all such Alterations do not exceed $25,000.00 in the aggregate during any twelve (12) month period within the Lease Term (the “Minor Alterations”). Tenant shall at Tenant's expense remove all alterations still be obligated to comply with items (a), (b) and repair all damage (d) above prior to commencing any Minor Alteration. Notwithstanding anything to the Premisescontrary, Landlord may not charge any construction management fee for Minor Alterations, and Landlord’s construction management fee for Structural Alterations shall not exceed 3% of the total cost of such Structural Alterations.

Appears in 1 contract

Samples: Office Lease Agreement (Greenwood Hall, Inc.)

Alterations Mechanics Liens. 10.01 Tenant will not make any alterations to the Premises without Landlord's prior written consent, except that Tenant may make nonstructural interior improvements not exceeding $25,000 in cost and not involving penetration of the roof, floor or weight-bearing walls. Tenant further agrees to notify Landlord of all Tenant alterations notwithstanding the consent limitation of the previous sentence. Landlord's consent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval: (i) Tenant's contractor, (ii) certificates of insurance by Tenant's contractor for commercial general liability insurance with limits not less than $2,000,000 General Aggregate, $1,000,000 Aggregate,$1,000,000 Products/Complete Operations Aggregate, $1,000,000 Aggregate,$1,000,000 Personal & Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage, $5,000 Medical Expense, $1,000,000 Auto Liability (Combined Single LimitUnit, including Hired/Non-Owned Nonowned Auto Liability), Workers Compensation, including Employer's Liability, as required by state statute endorsed to show Landlord as an additional insured and for worker's compensation as required and (iii) detailed plans and specifications for such work. Tenant agrees that it will have its contractor execute a waiver of mechanic's lien and that Tenant will remove any mechanic's lien placed against the Project within ten (10) days of receipt of notice of lien. In addition, before alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the alterations begin, Tenant will diligently and continuously pursue their completion. At Landlord's option, any alterations may become part of the realty and belong to Landlord. If requested by hy Landlord, Tenant will pay, prior to the commencement of the 7 construction, an amount determined by Landlord necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to its condition prior to such alterations. As a further condition to giving such consent, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a payment and performance bond in form acceptable to Landlord, in a principal amount not less than one and one-half times the estimated costs of such alterations, to ensure Landlord against any liability for mechanic's and materialmen's liens and to ensure completion of work. Tenant, at Landlord's option, shall at Tenant's expense remove all alterations and repair all damage to the Premises.

Appears in 1 contract

Samples: Innovative Gaming Corp of America

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