Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee will not make any alterations to the Premises without Lessor's prior written consent, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessor's prior written approval of: (i) Lessee's contractor; (ii) detailed plans and specifications for such work approved by the applicable governmental agencies; (iii) Lessee's contractor's waiver of its mechanic's lien rights and guarantee that any mechanic's liens placed against the Premises will be removed within thirty (30) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's option, any alteration may become part of the realty and belong to Lessor. Lessee shall be responsible for meeting all requirements of the Americans with Disabilities Act (ADA). 10.02 Notwithstanding anything in Section 11.01, Lessee, with written consent of Lessor, may install trade fixtures, equipment and machinery in conformance with the ordinance of the applicable city and county, and the same shall be removed at or before termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to the Premises caused by such removal. 10.03 Lessee will pay all costs for alterations made by or through Lessee and will keep the Premises and the building of which the Premises are a part free from any mechanic's or material supplier's liens arising out of work performed for, materials furnished to, or obligations incurred by Lessee. 10.04 Lessor will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants and to alter any buildings and Common Areas, Lessee understands and agrees that such construction will not be deemed to constitute a breach of this Lease by Lessor.
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Samples: Lease Agreement (Nationwide Financial Solutions, Inc.), Lease Agreement (Nationwide Financial Solutions, Inc.)
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B8.01 Alterations may not be made to the Leased Premises without prior written consent of Landlord, Lessee will not make and any alterations to of the Leased Premises without Lessorexcepting furniture and trade fixtures shall at Landlord's prior written consent, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessor's prior written approval of: (i) Lessee's contractor; (ii) detailed plans and specifications for such work approved by the applicable governmental agencies; (iii) Lessee's contractor's waiver of its mechanic's lien rights and guarantee that any mechanic's liens placed against the Premises will be removed within thirty (30) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's option, any alteration may option become part of the realty and belong to LessorLandlord. Lessee Notwithstanding the foregoing provisions, Tenant shall be responsible have the absolute right to make alterations, additions or improvements to the Leased Premises having a cost of Fifteen Thousand Dollars ($15,000.00) for meeting all requirements each alteration, addition or improvement, or Forty-five Thousand Dollars ($45,000.00) in the aggregate per lease year, provided such alterations, additions or improvements do not diminish the value of the Americans with Disabilities Act (ADA)Building or materially adversely affect the structure, electrical, mechanical or plumbing systems of the Building.
10.02 8.02 Should Tenant desire to alter the Leased Premises and Landlord gives written consent to such alterations, at Tenant's option, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations.
8.03 Notwithstanding anything in Section 11.01paragraph 8.02 above, Lessee, with written consent of Lessor, Tenant may install trade fixtures, machinery or other trade equipment and machinery in conformance with the ordinance of the all applicable city and countylaws, statutes, ordinances, rules, regulations, and the same shall may be removed at or before upon the termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to Lease provided the Leased Premises caused are not damaged by such removal.
10.03 Lessee . Tenant shall return the Leased Premises on the termination of this Lease in the same condition as when rented to Tenant, casualty, reasonable wear and tear only excepted. Tenant shall not be required to remove the initial Tenant Improvements upon the termination of the Lease, and, further shall have no obligation to remove any alteration, addition or improvement approved by Landlord during the term unless Landlord advises Tenant at the time of such approval that it will pay all costs for alterations made by or through Lessee and will require such removal. Tenant shall keep the Premises and Leased Premises, the building of and property in which the Leased Premises are a part situated free from any mechanic's or material supplier's liens arising out of any work performed for, materials furnished to, or obligations incurred by LesseeTenant, and Tenant shall discharge of record by bond or otherwise, within ten (10) days following Tenant receiving notice of the filing thereof, any mechanic's or similar lien or encumbrance filed against the Leased Premises for work or materials claimed to have been furnished to or for the benefit of Tenant and/or the Leased Premises. All such work provided for above, shall be done at such times and in such manner as Landlord may from time to time reasonably designate.
10.04 Lessor will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants and to alter any buildings and Common Areas, Lessee understands and agrees that such construction will not be deemed to constitute a breach of this Lease by Lessor.
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Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit Bfor nonstructural changes, Lessee alterations, or additions which do not decrease the value of the Premises, Tenant will not make any alterations to the Premises without LessorLandlord's prior written consent. Landlord's consent shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessor's prior written approval ofshall not be unreasonably withheld in accordance with the provisions of this Article 10: (i) LesseeTenant'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 approved by the applicable governmental agencies; (iii) Lessee's contractor's work. Tenant agrees that it will have its contractor execute a waiver of its mechanic's lien rights and guarantee that Tenant will remove any mechanic's liens lien placed against the Premises will be removed 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 thirty ten (3010) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses required must be furnished to Lessor. Once Landlord, and, once the alterations begin, Lessee Tenant will diligently and continuously pursue their completion. At LessorLandlord's option, any alteration alterations may become part of the realty and belong to LessorLandlord. Lessee 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 be responsible for meeting at Tenant's expense remove all requirements of alterations and repair all damage to the Americans with Disabilities Act (ADA)Premises.
10.02 Notwithstanding anything in Section 11.0110.01, LesseeTenant may, with written consent of LessorLandlord, may install trade fixtures, equipment equipment, and machinery in conformance with the ordinance ordinances of the applicable city and county, and the same shall they may be removed at or before upon termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to Lease provided the Premises caused are not damaged by such their removal.
10.03 Lessee Any private telephone systems and/or other related telecommunications equipment and lines must be installed within Tenant's Premises and, if requested in writing by Landlord, upon termination of this Lease removed and the Premises restored to the same condition as before such installation.
10.04 Tenant will pay all costs for alterations made by or through Lessee and will keep the Premises Premises, the Project and the building of which the Premises are a part underlying property free from any mechanic's or material supplier's liens arising out of work performed for, materials furnished to, to or obligations obligation incurred by LesseeTenant or otherwise 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 remove any such liens if so required by Landlord's lenders or otherwise to finance or refinance the Project or Premises).
10.04 Lessor 10.05 Landlord will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants Tenants and to alter any buildings public areas in and Common Areasaround the Project. Notwithstanding anything which may be contained in this Lease, Lessee Tenant understands this right of Landlord and agrees that such construction will not be deemed to constitute a breach of this Lease by LessorLandlord and Tenant waives any such claim which it might have arising from such construction. Landlord agrees to conduct or permit such construction so that such construction shall not materially and unreasonably interfere with Tenant's ability to conduct its business on the Premises to the extent reasonably possible.
Appears in 1 contract
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee Tenant will not make any alterations to the Premises without LessorLandlord's prior written consent. Landlord's consent shall be contingent upon Tenant providing Landlord with the following items or information, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessorall subject to Landlord's prior written approval ofapproval: (iI) LesseeTenant'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, $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 approved by the applicable governmental agencies; (iii) Lessee's contractor's work. Tenant agrees that it will have its contractor execute a waiver of its mechanic's lien rights and guarantee that Tenant will remove any mechanic's liens lien placed against the Premises will be removed Project within thirty ten (3010) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses required must be furnished to Lessor. Once Landlord, and, once the alterations begin, Lessee Tenant will diligently and continuously pursue their completion. At LessorLandlord's option, any alteration alterations may become part of the realty and belong to LessorLandlord. Lessee shall be responsible for meeting all requirements If requested by Landlord, Tenant will pay, prior to the commencement of the Americans with Disabilities Act (ADA)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.
10.02 Notwithstanding anything in Section 11.0110.01, LesseeTenant may, with written consent of LessorLandlord, may install trade fixtures, equipment equipment, and machinery in conformance with the ordinance ordinances of the applicable city and county, and the same shall they may be removed at or before upon termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to Lease provided the Premises caused are not damaged by such their removal.
10.03 Lessee Any private telephone systems and/or other related telecommunications equipment and lines may be installed within Tenant's Premises and, upon termination of this Lease removed and the Premises restored to the same condition as before such installation.
10.04 Tenant will pay all costs for alterations made by or through Lessee and will keep the Premises Premises, the Project and the building of which the Premises are a part underlying property free from any mechanic's or material supplier's liens arising out of work performed for, for materials furnished to, to or obligations obligation incurred by LesseeTenant.
10.04 Lessor 10.05 Upon prior notice to Tenant, except in the case of emergency, for which no notice is required, Landlord will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants Tenants and to alter any buildings public areas in and Common Areasaround the Project. Notwithstanding anything which may be contained in this Lease, Lessee Tenant understands this right of Landlord and agrees that such construction will not be deemed to constitute a breach of this Lease by LessorLandlord and Tenant waives any such claim which it might have arising from such construction, Landlord agrees to exercise commercially reasonable efforts in connection with such construction so that such construction does not materially and unreasonably interfere with Tenant's Permitted Use of the Premises.
Appears in 1 contract
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, 11.01 Lessee will shall not make any alterations to the interior of the Premises without Lessor's prior Lessxx'x xrior written consent, which consent shall not be unreasonably withheld. If Lessor may withhold at gives its sole discretion. No consent, no such alterations may shall proceed without Lessor's prior written approval of: of (i) Lessee's contractor; , (ii) certificates of insurance by Lessxx'x xontractor for public liability and automobile liability and property damage insurance with limits not less than $1,000,000.00/$250,000.00/$500,000.00, respectively, endorsed to show Lessor as an additional insured and for worker's compensation as required, and (iii) detailed plans and specifications for such work approved by and as built plans upon completion of such work. Lessxx xxxees that it shall keep the applicable governmental agencies; (iii) Lessee's contractor's waiver Premises and the Project free of its mechanic's lien rights and guarantee that any all mechanic's liens and any mechanics lien placed against the Premises will Project shall be removed within thirty ten (3010) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses required must be furnished to Lessor. Once , and, once the alterations begin, Lessee will shall diligently and continuously pursue their completion. At Lessor's option, any alteration alterations may become part of the realty and belong to Lessor. If required by Lessor, Lessee shall be responsible pay, prior to the commencement of construction, an amount determined by Lessor as necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to their condition before any such alterations. Lessor may also require Lessee to provide Lessor, at Lessxx'x xole cost and expense, a payment and performance bond in form acceptable to Lessor, in a principal amount not less than one and one-half times the estimated cost of such alterations, to insure Lessor against any liability for meeting all requirements mechanic's and materialmen's liens and to insure completion of the Americans with Disabilities Act (ADA)work. Notwithstanding anything to the contrary in this Section 1 1.01, Lessee shall have the right to construct non-structural alterations and improvements to the Premises without Lessor's prior 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 all times be Lessxx'x xroperty, and Lessee may remove any or all of such property from the Premises at any time and from time to time provided that Lessee repairs all damage caused by such removal. Lessor shall have no lien or other interest whatsoever in any item of such property.
10.02 11.02 Notwithstanding anything in Section 11.011 1.01, LesseeLessee may, with written consent of Lessor, may install trade fixtures, equipment equipment, and machinery in conformance with the ordinance ordinances of the applicable city and county, and the same shall they may be removed at or before upon termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to Lease provided the Premises caused are not damaged by such their removal.
10.03 11.03 All private telephone systems and/or other related telecommunications equipment and lines may not be installed without Lessor's prior written consent. In addition, if Lessor gives consent, all equipment must be installed within the Premises and, upon termination of this Lease must be removed and the Premises restored to the same condition as before such installation.
11.04 Lessee will shall pay all costs for alterations made by or through Lessee and will shall keep the Premises Premises, the Project and the building of which the Premises are a part underlying real property free from any mechanic's or material supplier's liens arising out of work performed for, materials furnished to, to or obligations incurred by LesseeLessxx.
10.04 11.05 Lessor will shall have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants lessees and to alter any buildings Public Areas in and Common Areasaround the Project. Notwithstanding anything that may be contained in this Lease, Lessee understands and acknowledges the existence of this right of Lessxx xxx agrees that such construction will shall not be deemed to constitute a breach default of this Lease by Lessxx xxx Lessxx xxxves any such claim which it might have arising from such construction. Lessor shall not exercise any rights under Section 11.05 or 14.03, if such exercise would unreasonably interfere with Lessxx'x xse of or access to the Premises or materially increase the obligations or decrease the rights of Lessee under the Lease. Lessor shall use its best efforts to minimize any disruption to Lessee.
11.06 Lessee shall indemnify Lessor against any and all loss, cost, damage, injury and expense arising out of or in any way related to claims for work or labor performed, or materials or supplies furnished, to or at the request of Lessee or in connection with performance of any work done for the account of Lessee in the Premises, the Public Areas or the Project, whether or not Lessee obtained Lessor.'s permission to have such work done, labor performed, or materials or supplies furnished. 12 13
Appears in 1 contract
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee will 11.01 Alterations may not make any alterations be made to the Premises without the prior written consent of Lessor, and any alterations of the Premises excepting movable furniture and trade fixtures shall at Lessor's prior written consent, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessor's prior written approval of: (i) Lessee's contractor; (ii) detailed plans and specifications for such work approved by the applicable governmental agencies; (iii) Lessee's contractor's waiver of its mechanic's lien rights and guarantee that any mechanic's liens placed against the Premises will be removed within thirty (30) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's option, any alteration may option become part of the realty and belong to Lessor. .
11.02 Should Lessee desire to alter the Premises and should Lessor give its written consent to such alterations, Lessee shall be responsible contract with a contractor approved by Lessor for meeting the construction of such alterations and Lessee shall promptly pay for all requirements work performed and materials furnished in connection therewith. Prior to the termination of the Americans with Disabilities Act (ADA)Lease Term, Lessee at its sole cost shall return the Premises to their condition before any such alteration, if requested by Lessor.
10.02 11.03 Notwithstanding anything in Section subparagraph 11.01, Lesseehereof, with Lessee may, upon the written consent of Lessor, may install trade fixtures, machinery or other trade equipment and machinery in conformance with the ordinance ordinances of the applicable city and county, and the same shall may be removed at or before upon the termination of this Lease, if so required provided Lessee shall not be in default under any of the terms and conditions of this Lease and the leased Premises are not damaged by Lessorsuch removal. Lessee shall repair at its cost and expense any damage to return the Premises caused by such removal.
10.03 Lessee will pay all costs for alterations made by or through Lessee and will keep on the Premises and the building of which the Premises are a part free from any mechanic's or material supplier's liens arising out of work performed for, materials furnished to, or obligations incurred by Lessee.
10.04 Lessor will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants and to alter any buildings and Common Areas, Lessee understands and agrees that such construction will not be deemed to constitute a breach termination of this Lease by Lessor.in the same condition as when leased to Lessee, reasonable wear and tear excepted. Lessee shall keep the Premises,
Appears in 1 contract
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee Tenant will not make any alterations to the Premises without LessorLandlord's prior written consent, which Lessor may withhold at its sole discretionconsent shall not be unreasonably withheld. No such alterations may proceed without LessorLandlord's prior written approval ofconsent shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval: (i) LesseeTenant'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 approved by the applicable governmental agencies; (iii) Lessee's contractor's work. Tenant agrees that it will have its contractor execute a waiver of its mechanic's lien rights and guarantee that Tenant will remove any mechanic's liens lien placed against the Premises will be removed Project within thirty ten (3010) days of hays xx receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses required must be furnished to Lessor. Once Landlord, and, once the alterations begin, Lessee Tenant will diligently and continuously pursue their completion. At LessorLandlord's option, any alteration alterations may become part of the realty and belong to LessorLandlord. Lessee shall be responsible for meeting all requirements If requested by Landlord, Tenant will pay, prior to the commencement of the Americans with Disabilities Act (ADA)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.
10.02 Notwithstanding anything in Section 11.0110.01, LesseeTenant may, with written consent of LessorLandlord, may install trade fixtures, equipment equipment, and machinery in conformance with the ordinance ordinances of the applicable city and county, and the same shall they may be removed at or before upon termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to Lease provided the Premises caused are not damaged by such their removal.
10.03 Lessee Any private telephone systems and/or other related telecommunications equipment and lines must be installed within Tenant's Premises and, upon termination of this Lease removed and the Premises restored to the same condition as before such installation.
10.04 Tenant will pay all costs for alterations made by or through Lessee and will keep the Premises Premises, the Project and the building of which the Premises are a part underlying property free from any mechanic's or material supplier's liens arising out of work performed for, materials furnished to, to or obligations obligation incurred by LesseeTenant.
10.04 Lessor 10.05 Landlord will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants Tenants and to alter any buildings public areas in and Common Areasaround the Project. Notwithstanding anything which may be contained in this Lease, Lessee Tenant understands this right of Landlord and agrees that such construction will not be deemed to constitute a breach of this Lease by LessorLandlord and Tenant waives any such claim which it might have arising from such construction.
Appears in 1 contract
Samples: Standard Industrial Lease (Net Net Net) (Rexall Sundown Inc)
Alterations Mechanics Liens. 10.01 (a) Except as otherwise provided in Exhibit Bset forth herein, Lessee will Tenant shall not make or permit anyone to make any alterations alterations, improvements, installations or modifications in or to any part of the Premises without Lessorfirst obtaining Landlord's prior written consent, which Lessor may withhold at its sole discretionconsent shall not be unreasonably withheld, conditioned or delayed. No such Notwithstanding the foregoing, Tenant shall be permitted to make non-structural alterations may proceed without Lessor's not visible from the exterior of the Premises, which are purely decorative in nature, which in the aggregate do not exceed the sum of Two and 00/100 Dollars ($2.00) per rentable square foot of the Premises ($113,132.00), upon prior written notice to Landlord including the date and time that such alteration shall be made. When granting its consent, Landlord may impose any conditions it reasonably deems appropriate, including, without limitation, the approval of: (i) Lessee's contractor; (ii) detailed of plans and specifications for specifications, approval of the contractor or other persons who will perform the work, and the obtaining of specified insurance. If Landlord shall consent to any alterations or changes in or to the Premises, Tenant shall have all such work approved performed at Tenant's sole expense and shall comply with the requirements to be established by the applicable governmental agenciesLandlord, which shall include, but are not limited to, Tenant's obtaining of all permits and certificates required in connection with any said additions, improvements, alterations and installations, and Tenant's use thereof. Any additions, improvements, alterations and installations made by Tenant (excepting only office furniture and business equipment) shall become and remain a part of the Building and be and remain Landlord's property at the Lease Termination Date; provided, however, that Landlord may require Tenant to remove such additions, improvements, alterations or installation and to restore the Premises to their original condition, normal wear and tear and casualty excepted, at Tenant's sole cost and expense and if Tenant fails to restore the Premises as required, Landlord may do so at Tenant's expense. Upon Tenant's written request, Landlord shall, at the time Landlord consents to said additions, improvements, alterations or installation, advise Tenant is such removal will be required. If any alteration is made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord in the performance of this work.
(iiib) LesseeAny alterations shall be conducted on behalf of Tenant and not on behalf of Landlord and Tenant shall be deemed to be the "owner" and not the "agent" of Landlord. If Landlord shall give its written consent to Tenant's contractormaking any alterations, such written consent shall not be deemed to be an agreement or consent by Landlord to subject Landlord's waiver of its mechanic's lien rights and guarantee that interest in the Premises or the Property to any mechanic's liens placed against the Premises will which may be removed within thirty (30) days filed in respect of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's option, any alteration may become part of the realty and belong to Lessor. Lessee shall be responsible for meeting all requirements of the Americans with Disabilities Act (ADA).
10.02 Notwithstanding anything in Section 11.01, Lessee, with written consent of Lessor, may install trade fixtures, equipment and machinery in conformance with the ordinance of the applicable city and county, and the same shall be removed at or before termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to the Premises caused by such removal.
10.03 Lessee will pay all costs for alterations made by or through Lessee and will keep the Premises and the building on behalf of which the Premises are a part free from Tenant. If any mechanic's or material supplier's liens arising out other lien or any notice of work performed for, materials furnished tointention to file a lien is filed against the Property, or obligations incurred any part thereof, or the Premises, for any work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant, Tenant shall initiate appropriate legal proceedings or otherwise cause the same to be canceled and discharged of record by Lesseepayment, bond or order of a court of competent jurisdiction within fourteen (14) days of receiving notice of the filing thereof. If Tenant shall fail to discharge any such lien, Landlord may, at its option discharge or bond off the same, without inquiring into the validity thereof, and treat the cost thereof as Additional Rent payable upon Landlord's demand therefore.
10.04 Lessor will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants and to alter any buildings and Common Areas, Lessee understands and agrees that such construction will not be deemed to constitute a breach of this Lease by Lessor.
Appears in 1 contract
Samples: Deed of Lease (Identix Inc)
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee Tenant will not make any alterations to the Premises without LessorLandlord's prior written consentconsent which consent shall not be unreasonably withheld in accordance with the provisions of this Section 10. Landlord's consent shall be contingent upon Tenant providing Landlord with the following items or information, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessorall subject to Landlord's prior written approval ofapproval: (i) LesseeTenant's contractor; , (ii) certificates of insurance by Tenant's contractor for commercial genxxxx 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 approved by the applicable governmental agencies; (iii) Lessee's contractor's work. Tenant agrees that it will have its contractor execute a waiver of its mechanic's lien rights and guarantee that Tenant will remove any mechanic's liens lien placed against the Premises will be removed 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 thirty twenty (3020) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses required must be furnished to Lessor. Once Landlord, and, once the alterations begin, Lessee Tenant will diligently and continuously pursue their completion. At LessorLandlord's option, any alteration alterations may become part of the realty and belong to LessorLandlord. Lessee shall be responsible for meeting all requirements If requested by Landlord, Tenant will pay, prior to the commencement of the Americans with Disabilities Act (ADA)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.
10.02 Notwithstanding anything in Section 11.0110.01, LesseeTenant may, with written consent of LessorLandlord, may install trade fixtures, equipment equipment, and machinery in conformance with the ordinance ordinances of the applicable city and county, and the same shall they may be removed at or before upon termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to Lease provided the Premises caused are not damaged by such their removal.
10.03 Lessee Any private telephone systems and/or other related telecommunications equipment and lines must be installed within Tenant's Premises and, upon termination of this Lease removed and the Premises restored to the same condition as before such installation.
10.04 Tenant will pay all costs for alterations made by or through Lessee and will keep the Premises Premises, the Project and the building of which the Premises are a part underlying property free from any mechanic's or material supplier's liens arising out of work performed for, materials furnished toto or obligation incurred by Tenant, or obligations incurred 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 LesseeLandlord's lenders, partners, affiliates, or otherwise to finance, refinance, sell, or transfer the Project).
10.04 Lessor 10.05 Landlord will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants Tenants and to alter any buildings public areas in and Common Areasaround the Project. Notwithstanding anything which may be contained in this Lease, Lessee Tenant understands this right of Lanxxxxx and agrees that such construction will not be deemed to constitute a breach of this Lease by LessorLandlord and Tenant waives any such claim which it might have arising from such construction. To the extent reasonably possible, Landlord agrees to conduct or permit xxxx construction so that such construction shall not materially and unreasonably interfere with Tenant's ability to conduct its businxxx xx the Premises.
Appears in 1 contract
Samples: Standard Industrial Lease (Net Net Net) (Brightpoint Inc)
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee Tenant will not make any alterations to the Premises without LessorLandlord's prior written consent. Landlord's consent shall be contingent upon Tenant providing Landlord with the following items or information, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessorall subject to Landlord's prior written approval ofreasonable and prompt approval: (i) LesseeTenant'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 approved by the applicable governmental agencies; (iii) Lessee's contractor's work. Tenant agrees that it will have its contractor execute a waiver of its mechanic's lien rights upon payment for work and guarantee that Tenant will remove any mechanic's liens lien placed against the Premises will be removed Project within thirty twenty (3020) days of receipt of notice of intent lien by bonding pursuant to file lien; and (iv) adequate proof Section 108.2413 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 $1,000,000the NRS or otherwise. In addition, before alterations may begin, valid building permits or other required permits or licenses required must be furnished to Lessor. Once Landlord, and, once the alterations begin, Lessee Tenant will diligently and continuously pursue their completion. At LessorLandlord's option, any alteration alterations may become part of the realty and belong to LessorLandlord. Lessee shall be responsible for meeting all requirements If requested by Landlord, Tenant will pay, prior to the commencement of the Americans with Disabilities Act (ADA)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.
10.02 Notwithstanding anything in Section 11.0110.01 to the contrary, LesseeTenant may, with written consent of LessorLandlord, may which consent shall not be unreasonably withheld or delayed, install trade fixtures, equipment equipment, and machinery in conformance with the ordinance ordinances of the applicable city and county, and the same shall they may be removed at or before upon termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to Lease provided the Premises caused are not damaged by such their removal.
10.03 Lessee Any private telephone systems and/or other related telecommunications equipment and lines must be installed within Tenant's Premises and, upon termination of this Lease removed and the Premises restored to the same condition as before such installation.
10.04 Tenant will pay all costs for alterations made by or through Lessee and will keep the Premises Premises, the Project and the building of which the Premises are a part underlying property free from any mechanic's or material supplier's liens arising out of work performed for, materials furnished to, to or obligations obligation incurred by LesseeTenant.
10.04 Lessor 10.05 Landlord will have the right to construct or permit construction of tenant improvements alter any public areas in or about and around the Project for existing and new tenants and to alter any buildings and Common Areasas may be required by governmental or administrative authority or by law, Lessee rule, code or regulation. Notwithstanding anything which may be contained in this Lease, Tenant understands this right of Landlord and agrees that such construction will not be deemed to constitute a breach of this Lease by LessorLandlord and Tenant waives any such claim which it might have arising from such construction.
Appears in 1 contract
Samples: Standard Industrial Lease (Igo Corp)
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee will A. Tenant shall not make any alterations or suffer to the Premises without Lessor's prior written consentbe made, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessor's prior written approval of: (i) Lessee's contractor; (ii) detailed plans and specifications for such work approved by the applicable governmental agencies; (iii) Lessee's contractor's waiver of its mechanic's lien rights and guarantee that any mechanic's liens placed against the Premises will be removed within thirty (30) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits directly or other required permits or licenses must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's optionindirectly, any addition or change to or modification of the Premises, including, without limitation, the installation of fixtures, trade fixtures, and leasehold improvements (hereinafter, “alteration”) without first obtaining the written consent of Landlord; provided, however, that no alteration may shall be permitted if it is structural or will affect the Building’s heating, electrical, or plumbing systems. Any alteration (excluding trade fixtures and movable furniture installed by Tenant that shall belong to Tenant) shall become at once a part of the realty and belong to LessorLandlord subject to Landlord’s rights under Paragraph 17. Lessee Any alterations shall be responsible done in accordance with plans and specifications approved by Landlord. Landlord shall have the right to charge Tenant a reasonable amount for meeting the approval of plans and specifications.
B. All alterations shall be made only by fully licensed, insured and bonded contractors and subcontractors approved in writing by Landlord in advance.
C. In the event Tenant makes said alterations, it shall first obtain all requirements permits required for the making of same and shall perform any work in connection therewith in accordance with all applicable laws, rules, regulations and ordinances. All such work shall be performed in a first class manner causing no interference with the operation of the Americans with Disabilities Act (ADA).
10.02 Notwithstanding anything in Section 11.01Building and no unreasonable noise, Lessee, with written consent of Lessor, may install trade fixtures, equipment odors or inconvenience to Landlord and machinery in conformance with the ordinance other tenants of the applicable city and county, and Building. In the same shall be removed at or before termination event that as a result of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to the Premises caused by such removal.
10.03 Lessee will pay all costs for alterations made by Tenant it shall be necessary for Landlord to make any other alterations, improvements or through Lessee and will repairs to the Building, whether within or without the Premises, such work shall be done at Tenant’s expense.
D. In making any alterations, Tenant shall keep the Premises and the building of which the Premises are a part Building free from any mechanic's or material supplier's liens arising out of any work performed forperformed, materials furnished tofurnished, or obligations incurred by Lessee.
10.04 Lessor will have Tenant. Tenant agrees that Tenant shall not make any alterations of the right Premises until five (5) days after receipt by it of the written consent of Landlord in order that Landlord may post or request Tenant to construct or post any appropriate notices to avoid any possible liability with respect to liens. Tenant shall, at Landlord’s request, prepare, record and post such notices and shall at all times permit construction of tenant improvements in or about the Project for existing and new tenants such notices to be posted and to alter any buildings remain posted until the completion and Common Areasacceptance of such work. In addition, Lessee understands at Landlord’s request, Tenant shall secure at Tenant’s own cost and expense a completion and lien indemnity bond, satisfactory to Landlord, for all such work. Tenant further agrees that such construction will not there shall be deemed no construction, partitions, or other obstructions which might interfere with Landlord’s free access to constitute a breach mechanical installations or service facilities of this Lease by Lessorthe Building or with the moving of Landlord’s equipment to or from the enclosures containing said installations or facilities.
Appears in 1 contract
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B9.01 Alterations may not be made to the Leased Premises without prior written consent of Landlord, Lessee will not make and any alterations to of the Leased Premises without Lessorexcepting moveable furniture and trade fixtures shall at Landlord's prior written consent, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessor's prior written approval of: (i) Lessee's contractor; (ii) detailed plans and specifications for such work approved by the applicable governmental agencies; (iii) Lessee's contractor's waiver of its mechanic's lien rights and guarantee that any mechanic's liens placed against the Premises will be removed within thirty (30) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's option, any alteration may option become part of the realty and belong to LessorLandlord. Lessee Notwithstanding the foregoing provisions, Tenant shall be responsible have the absolute right to make alterations, additions or improvements to the Leased Premises ("Tenant's Alterations") having a cost of Fifteen Thousand Dollars ($15,000.00) for meeting all requirements each alteration, addition or improvement, or Forty-Five Thousand Dollars ($45,000.00) in the aggregate per lease year, provided Tenant's Alterations do not materially and adversely affect the structure, electrical, mechanical or plumbing systems of the Americans with Disabilities Act (ADA)Building.
10.02 9.02 Should Tenant desire to alter the Leased Premises and Landlord must consent to such alterations, at Landlord's option, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations.
9.03 Notwithstanding anything in Section 11.01section 9.01 or 9.02 above, LesseeTenant may, with written consent of Lessor, may install trade fixtures, machinery or other trade equipment and machinery in conformance with the ordinance of the all applicable city and countylaws, statutes, ordinances, rules, regulations, and the same shall may be removed at or before upon the termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to the Leased Premises caused are not damaged by such removal.
10.03 Lessee . Tenant shall return the Leased Premises on the termination of this Lease in the same condition as when rented to Tenant, reasonable wear and tear only excepted. Upon termination of the Lease, Tenant shall not be required to remove: (i) any alteration, addition or improvement approved by Landlord during the term unless Landlord advises Tenant at time of such approval that it will pay all costs for alterations made by or through Lessee require such removal; and (ii) any of Tenant's Alterations unless Landlord advises Tenant within ten (10) days of its knowledge of such alteration that it will require such removal. Tenant shall keep the Premises and Leased Premises, the building of and property in which the Leased Premises are a part situated free from any mechanic's or material supplier's liens arising out of any work performed for, materials furnished to, or obligations incurred by LesseeTenant, and Tenant shall discharge of record by bond or otherwise, within ten (10) days following the filing thereof, any mechanic's or similar lien or encumbrance filed against the Leased Premises for work or materials claimed to have been furnished to or for the benefit of Tenant and/or the Leased Premises, but expressly excluding any work performed for, materials furnished to, or obligations incurred by Landlord. All such work provided for above requiring Landlord's approval, shall be done at such times and in such manner as Landlord may from time to time designate.
10.04 Lessor will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants and to alter any buildings and Common Areas, Lessee understands and agrees that such construction will not be deemed to constitute a breach of this Lease by Lessor.
Appears in 1 contract
Samples: Lease Agreement (Innotrac Corp)
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee will 9.01 Alterations may not make any alterations be made to the Leased Premises without Lessor's the prior written consentconsent of Landlord. Should Tenant desire to alter the Leased Premises and Landlord approves and consents in writing to such alterations, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessor's prior written approval of: (i) Lessee's contractor; (ii) detailed plans and specifications for such work approved by the applicable governmental agencies; (iii) Lessee's contractor's waiver of its mechanic's lien rights and guarantee that any mechanic's liens placed against the Premises will be removed within thirty (30) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At LessorLandlord's option, any alteration may become part Tenant shall contract only with a contractor approved by Landlord, and all such alterations shall be subject to Landlord's approval and written consent relative to design, location, material, workmanship and method of payment to the contractor. All of the realty and belong to Lessor. Lessee foregoing consents of Landlord shall not be responsible for meeting all requirements of the Americans with Disabilities Act (ADA)unreasonably withheld or delayed.
10.02 Notwithstanding anything in Section 11.019.02 Tenant shall keep the Leased Premises, Lessee, with written consent of Lessor, may install trade fixtures, equipment and machinery in conformance with the ordinance of the applicable city and countyBuilding, and the same shall be removed at or before termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to the Premises caused by such removal.
10.03 Lessee will pay all costs for alterations made by or through Lessee and will keep the Premises and the building of which the Premises are a part Property free from any mechanic's or material supplier's liens arising out of any work performed for, materials furnished to, to or obligations incurred by LesseeTenant. Notice is hereby given that except for the work done by Landlord pursuant to paragraph 34.01 hereof, Landlord shall not be responsible for any work performed or to be performed in or at the Leased Premises for Tenant or any subtenant, upon credit, or for any materials furnished or to be furnished at or to the Leased Premises for Tenant or any subtenant, upon credit, and that no mechanic's or other lien for such work or material shall attach to or affect the estate or interest of Landlord in and to the Leased Premises. All work described in Sections 9.01 and 9.02 shall be done at such times and in such manner as Landlord may from time to time reasonably designate.
10.04 Lessor will 9.03 All fixtures, improvements, alterations and additions, including without limitation blinds, draperies, wall coverings and additional electrical fixtures and circuits which may be or are already installed either by Landlord or Tenant in or about the Leased Premises or which are in any manner attached to the floors, walls or ceiling, except for movable furniture and equipment and trade fixtures, shall belong to and be the property of Landlord and shall remain on the Leased Premises during the Lease Term and at the expiration or termination hereof. At the termination or expiration hereof, Landlord shall have the right to construct cause Tenant to remove any alterations, additions or permit construction improvements to the Leased Premises that were installed by the Tenant. Tenant agrees to repair at Tenant's expense all damage to the Leased Premises caused by the removal of tenant improvements trade fixtures, furniture, additions, alterations or improvements, and to restore the Leased Premises to the same condition, ordinary wear and tear accepted, as that which existed prior to the removal of such articles. Any such property so designated by Landlord to be removed, which shall be left in or about upon the Project for existing and new tenants and to alter any buildings and Common AreasLeased Premises, Lessee understands and agrees that such construction will not shall be deemed to constitute a breach have been abandoned by Tenant and may be retained or disposed of this Lease by LessorLandlord as Landlord shall elect. If disposed of, the cost of such disposal shall be at Tenant's expense.
Appears in 1 contract
Samples: Lease Agreement (Sb Merger Corp)
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee Tenant will not make any alterations to the Premises without LessorLandlord's prior written consent. Landlord's consent shall be contingent upon Tenant providing Landlord with the following items or information, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessorall subject to Landlord's prior written approval ofapproval: (i) LesseeTenant'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 Unit, including Hired/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 approved by the applicable governmental agencies; (iii) Lessee's contractor's work. Tenant agrees that it will have its contractor execute a waiver of its mechanic's lien rights and guarantee that Tenant will remove any mechanic's liens lien placed against the Premises will be removed Project within thirty ten (3010) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses required must be furnished to Lessor. Once Landlord, and, once the alterations begin, Lessee Tenant will diligently and continuously pursue their completion. At LessorLandlord's option, any alteration alterations may become part of the realty and belong to LessorLandlord. Lessee shall be responsible for meeting all requirements If requested hy Landlord, Tenant will pay, prior to the commencement of the Americans with Disabilities Act (ADA)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.
10.02 Notwithstanding anything in Section 11.0110.01, LesseeTenant may, with written consent of LessorLandlord, may install trade fixtures, equipment equipment, and machinery in conformance with the ordinance ordinances of the applicable city and county, and the same shall they may be removed at or before upon termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to Lease provided the Premises caused are not damaged by such their removal.
10.03 Lessee Any private telephone Systems and/or other related telecommunications equipment and lines must be installed within Tenant's Premises and, upon termination of this Lease removed and the Premises restored to the same condition as before such Installation.
10.04 Tenant will pay all costs for alterations made by or through Lessee and will keep the Premises Premises, the Project and the building of which the Premises are a part underlying property free from any mechanic's or material supplier's liens arising out of work performed for, materials furnished to, to or obligations obligation incurred by LesseeTenant.
10.04 Lessor 10.05 Landlord will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants and Tenants end to alter any buildings public areas in and Common Areasaround the Project. Notwithstanding anything which may be contained in this Lease, Lessee Tenant understands this right of Landlord and agrees that such construction will not be deemed to constitute a breach of this Lease by LessorLandlord and Tenant waives any such claim which it might have arising from such construction.
Appears in 1 contract
Samples: Standard Industrial Lease (Innovative Gaming Corp of America)
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B9.01 Alterations may not be made to the Leased Premises without prior written consent of Landlord, Lessee will not make and any alterations to of the Leased Premises without Lessorexcepting movable furniture and trade fixtures shall at Landlord's prior written consent, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessor's prior written approval of: (i) Lessee's contractor; (ii) detailed plans and specifications for such work approved by the applicable governmental agencies; (iii) Lessee's contractor's waiver of its mechanic's lien rights and guarantee that any mechanic's liens placed against the Premises will be removed within thirty (30) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's option, any alteration may option become part of the realty and belong to Lessor. Lessee shall be responsible for meeting all requirements of the Americans with Disabilities Act (ADA)Landlord.
10.02 9.02 Should Tenant desire to alter the Leased Premises and Landlord gives written consent to such alterations, at Landlord's option, Tenant shall contract with a contractor reasonably approved by Landlord for the construction of such alterations.
9.03 Notwithstanding anything in Section 11.01paragraph 9.02 above, LesseeTenant may, with upon written consent of LessorLandlord, may install trade fixturesfixtures (meaning articles placed in or attached to the Leased Premises by the Tenant, to facilitate the trade or business for which it occupies the Leased Premises, or to be used in connection with such business), machinery or other trade equipment and machinery in conformance with the ordinance of the all applicable city and countylaws, statutes, ordinances, rules, regulations, and the same shall may be removed at or before upon the termination of this Lease provided Tenant shall not be in default under any of the terms and conditions of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to the Leased Premises caused are not damaged by such removal.
10.03 Lessee will pay all costs for alterations made . For the purpose of the immediately preceding sentence, Landlord agrees not to unreasonably withhold nor delay its consent to installation of trade fixtures; provided that if the installation of such trade fixtures does not affect the integrity of the Leased Premises and its structural components and such trade fixtures are not attached to structural components, then no consent by or through Lessee the Landlord shall be required. Tenant shall return the Leased Premises on the termination of this Lease in the same condition as when rented to Tenant, reasonable wear and will tear and casualty damage only excepted. Tenant shall keep the Leased Premises, including Land, the Leased Premises and the building of which the Premises are a part all parts thereof, free from any mechanic's or material supplier's liens arising out of any work performed for, materials furnished to, or obligations incurred by LesseeTenant, and Tenant shall discharge of record by bond or otherwise, within ten (10) days following Tenant's notice of the filing thereof, any mechanic's or similar lien or encumbrance filed against the Leased Premises for work or materials claimed to have been furnished to or for the benefit of Tenant and/or the Leased Premises. All such work provided for above, shall be done at such times and in such manner as Landlord may from time to time designate without the same being an assumption of liability as a consequence thereof. Tenant shall give Landlord written notice five (5) days prior to employing any laborer or contractor to perform substantial work resulting in an alteration of the Leased Premises so that Landlord may post a notice of non-responsibility.
10.04 Lessor will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants and to alter any buildings and Common Areas, Lessee understands and agrees that such construction will not be deemed to constitute a breach of this Lease by Lessor.
Appears in 1 contract
Alterations Mechanics Liens. 10.01 11.01 Except as otherwise provided in Exhibit B, Lessee will not make any alterations to the Premises without Lessor's ’s prior written consent, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessor's ’s prior written approval of: (i) Lessee's ’s contractor; (ii) detailed plans and specifications for such work approved by the applicable governmental agencies; (iii) Lessee's ’s contractor's ’s waiver of its mechanic's ’s lien rights and guarantee that any mechanic's ’s liens placed against the Premises will be removed within thirty (30) days of receipt of notice of intent to file lien; and (iv) adequate proof certificates of insurance indicating that Lessee's ’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 must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's ’s option, any alteration may become part of the realty and belong to Lessor. If requested by Lessor, prior to the commencement of construction, Lessee will pay an amount determined by Lessor necessary to cover the costs of demolishing such alteration and/or the costs of returning the Premises to its condition before such alteration. Lessor may also require Lessee or Lessee’s contractor to provide Lessor, at Lessee’s sole cost and expense, a payment and performance bond in form acceptable to Lessor, in a principal amount not less than one and one-half times the estimated cost of such alterations, underwritten by a surety company acceptable to Lessor. Lessee shall be responsible for meeting all requirements of the Americans with Disabilities Act (ADA).
10.02 11.02 Notwithstanding anything in Section 11.01, Lessee, with written consent of Lessor, may install trade fixtures, equipment and machinery in conformance with the ordinance of the applicable city and county, and the same shall be removed at or before termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to the Premises caused by such removal.
10.03 11.03 Lessee will pay all costs for alterations made by or through Lessee and will keep the Premises and the building of which the Premises are a part free from any mechanic's ’s or material supplier's ’s liens arising out of work performed for, materials furnished to, or obligations incurred by Lessee.
10.04 11.04 Lessor will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants and to alter any buildings and Common Areas, . Lessee understands and agrees that such construction will not be deemed to constitute a breach of this Lease by Lessor.
Appears in 1 contract
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B8.01 Alterations may not be made to the Leased Premises without prior written consent of Landlord, Lessee will not make and any alterations to of the Leased Premises without Lessor's prior written consent, which Lessor may withhold shall at its sole discretion. No such alterations may proceed without Lessor's prior written approval of: (i) Lessee's contractor; (ii) detailed plans and specifications for such work approved by the applicable governmental agencies; (iii) Lessee's contractor's waiver of its mechanic's lien rights and guarantee that any mechanic's liens placed against the Premises will be removed within thirty (30) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's option, any alteration may Landlord’s option become part of the realty and belong to LessorLandlord. Lessee Notwithstanding the foregoing, however, Landlord’s consent to any interior non-structural, cosmetic alterations to the Leased Premises shall not be unreasonably withheld or delayed. Tenant shall only be obligated to remove any such alterations upon the expiration or earlier termination of the Lease if Landlord, at the time Landlord grants its consent therefor, states in writing that such alterations must be removed upon expiration or earlier termination of the Lease, or if Tenant has installed such alterations without Landlord’s consent.
8.02 Should Tenant desire to alter the Leased Premises and Landlord gives written consent to such alterations, at Landlord’s option, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, which approval shall not be unreasonably withheld or delayed. In this regard, Landlord hereby grants its express written consent, in advance, to the use of Xxxxxxx and Xxxxx, having a mailing address of X.X. Xxx 000, Xxxxxxx, Xxxxxxx 00000, as the general contractor for purposes of any such alterations. Upon completion of the work, Tenant shall provide lien waivers from the subcontractors or a final affidavit of lien waiver from the general contractor. (Lien waivers and the Affidavit of Lien Waiver shall be responsible for meeting all requirements of the Americans with Disabilities Act (ADAin a form reasonably acceptable to Landlord.).
10.02 8.03 Notwithstanding anything in Section 11.01either paragraph 8.01 or paragraph 8.02 above, LesseeTenant may, with upon written consent of LessorLandlord, may which consent shall not be unreasonably withheld or delayed, install trade fixtures, machinery or other trade equipment and machinery in conformance with the ordinance of the all applicable city laws, statutes, ordinances, rules and countyregulations, and the same shall may be removed at or before upon the termination of this Lease, if so required by Lessor. Lessee provided Tenant shall repair at its cost not be in default under any of the terms and expense any damage to conditions of this Lease and the Leased Premises caused are not damaged by such removal.
10.03 Lessee will pay all costs for alterations made by . Tenant shall return the Leased Premises on the termination of this Lease in the same condition as existing following completion of Tenant’s Work, as such term is defined and further detailed in the Rider, attached hereto as Exhibit “D”, reasonable wear and tear and damage due to casualty or through Lessee and will condemnation alone excepted. Tenant shall keep the Premises Leased Premises, the Buildings and the building of property in which the Leased Premises are a part situated free from any mechanic's or material supplier's liens arising out of any work performed for, materials furnished to, or obligations incurred by Lessee.
10.04 Lessor Tenant. All such work provided for above, shall be done at such times and in such manner as Landlord may from time to time designate. Except in the event of an emergency, Tenant shall give Landlord written notice five (5) days prior to employing any laborer or contractor to perform work resulting in an alteration of the Leased Premises so that Landlord may post a notice of non-responsibility. Tenant will have the right pay or cause to construct be paid all costs and charges for work done by Tenant or permit construction of tenant improvements caused to be done by Tenant in or about to the Project Leased Premises or any property in which Landlord may hold any interest, and for existing all materials furnished for or in connection with such work. Tenant will indemnify Landlord against, and new tenants hold harmless Landlord against the liens and claims of lien and all other liabilities, liens, claims and demands on account of such work by or on behalf of Tenant. If any such lien at any time is filed against the Leased Premises or any part of the Buildings, Tenant shall immediately cause such lien to alter any buildings and Common Areasbe discharged of record, Lessee understands and agrees that such construction or at its discretion bond off the lien pursuant to O.C.G.A. Sec. 00-00-000. Nothing herein will not be deemed the consent or agreement of Landlord to constitute subject Landlord’s interest in the Leased Premises or Buildings to liability under any mechanics or other lien law. In the event that Tenant fails to cause a breach lien which has been filed to be discharged, or shall fail to bond off said lien as herein provided, within ten (10) days of this notice of said lien, in addition to all other rights and remedies it may have under the Lease by Lessoror at law, Landlord may, at its option, pay such charge and related costs and interests and said amount and expenses, including reasonable attorneys’ fees shall be immediately due from Tenant to Landlord as additional rent.
Appears in 1 contract
Samples: Lease Agreement (Ceradyne Inc)
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee A. Tenant will not make or suffer to be made, directly or indirectly, any alterations addition or change to or modification of the Premises Premises, including, without Lessor's prior limitation, the installation of fixtures, trade fixtures, and leasehold improvements (hereinafter, “alteration”) without first obtaining the written consentconsent of Landlord, which Lessor consent will not be unreasonably withheld and which consent may withhold at its sole discretion. No be conditioned upon such alterations may proceed without Lessor's matters as Landlord’s prior written approval of: (i) Lessee's contractor; (ii) detailed plans of the reasonable time or times when the alterations are to be performed, employment only of contractors and specifications for such work approved by the applicable governmental agencies; (iii) Lessee's contractor's waiver of its mechanic's lien rights subcontractors who will not cause labor disharmony, and guarantee that any mechanic's liens placed against the Premises other reasonable conditions prior to Landlord’s approval. However, no alteration will be removed within thirty permitted if it is structural or will affect the Building’s HVAC, electrical, or plumbing systems. Any alteration (30excluding trade fixtures and movable furniture installed by Tenant that belongs to Tenant) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's option, any alteration may become becomes at once a part of the realty and belong belongs to LessorLandlord subject to Landlord’s rights under Paragraph 17. Lessee shall Any alterations will be responsible done in accordance with plans and specifications approved by Landlord. Landlord may charge Tenant a reasonable amount for meeting approval of plans and specifications for alterations costing more than $5,000.
B. All alterations will be made by fully licensed, insured and bonded contractors approved in writing by Landlord in advance.
C. If Tenant makes alterations, it will obtain all requirements permits required and perform the work in accordance with all applicable laws, rules, regulations and ordinances. All such work will be performed in a first class manner causing no interference with the operation of the Americans with Disabilities Act (ADA)Building and no unreasonable noise, odors or inconvenience to Landlord or the other tenants of the Building.
10.02 Notwithstanding anything in Section 11.01D. In making any alterations, Lessee, with written consent of Lessor, may install trade fixtures, equipment and machinery in conformance with the ordinance of the applicable city and county, and the same shall be removed at or before termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to the Premises caused by such removal.
10.03 Lessee will pay all costs for alterations made by or through Lessee and Tenant will keep the Premises and the building of which the Premises are a part Building free from any mechanic's or material supplier's liens arising out of any work performed forperformed, materials furnished tofurnished, or obligations incurred by LesseeTenant. Tenant may not make any alterations of the Premises until seven (7) days after receipt by it of the written consent of Landlord in order that Landlord may post or request to post any appropriate notices to avoid any possible liability with respect to liens. Tenant will, at Landlord’s request, prepare, record and post such notices and at all times permit such notices to be posted and to remain posted until the completion and acceptance of such work. In addition, at Landlord’s request, Tenant will secure at Tenant’s own cost and expense a completion and lien indemnity bond, satisfactory to Landlord, for all such work. At Landlord’s option, Landlord may require Tenant to utilize escrow construction services in connection with any alterations. Tenant further agrees that there will be no construction, partitions, or other obstructions which might interfere with Landlord’s free access to mechanical installations or service facilities of the Building or with the moving of Landlord’s equipment to or from the enclosures containing said installations or facilities. Tenant must notify Landlord if the Alterations include the handling of any Hazardous Materials1 and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant will provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord’s supervision or monitoring of any Alterations constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant’s intended use or the proper performance of the Alterations.
10.04 Lessor E. If, as a result of any alterations made by Tenant it is necessary for Landlord to make any other improvements or repairs to the Building, whether within or without the Premises, such work will have be at Tenant’s expense. 1 as defined in any environmental law (including, without limitation, the right to construct Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or permit construction Superfund), the Clean Air Act, the Clean Water Act, Toxic Substances Control Act (TSCA), the Resource Conservation and Recovery Act (RCRA), California Health & Safety Code or the United States Department of tenant improvements in or about the Project for existing and new tenants and to alter any buildings and Common Areas, Lessee understands and agrees that such construction will not be deemed to constitute a breach of this Lease by Lessor.Transportation Table (49 CFR 172.101)
Appears in 1 contract
Samples: Lease Agreement (XOOM Corp)
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee 1. Tenant will not make or suffer to be made, directly or indirectly, any alterations addition or change to or modification of the Premises Premises, including, without Lessor's prior limitation, the installation of fixtures, trade fixtures, and leasehold improvements (hereinafter, "alteration") without first obtaining the written consentconsent of Landlord, which Lessor consent will not be unreasonably withheld and which consent may withhold at its sole discretion. No be conditioned upon such alterations may proceed without Lessormatters as Landlord's prior written approval of: (i) Lesseeof the reasonable time or times when the alterations are to be performed, employment only of contractors and subcontractors who will not cause labor disharmony, and other reasonable conditions prior to Landlord's contractor; (ii) detailed plans and specifications for such work approved by the applicable governmental agencies; (iii) Lessee's contractor's waiver of its mechanic's lien rights and guarantee that any mechanic's liens placed against the Premises approval. However, no alteration will be removed within thirty permitted if it is structural or will affect the Building's HVAC, electrical, or plumbing systems. Any alteration (30excluding trade fixtures and movable furniture installed by Tenant that belongs to Tenant) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's option, any alteration may become becomes at once a part of the realty and belong belongs to LessorLandlord subject to Landlord's rights under Paragraph 17. Lessee shall Any alterations will be responsible done in accordance with plans and specifications approved by Landlord. Landlord may charge Tenant a reasonable amount for meeting approval of plans and specifications for alterations costing more than $5,000.
2. All alterations will be made by fully licensed, insured and bonded contractors approved in writing by Landlord in advance.
3. If Tenant makes alterations, it will obtain all requirements permits required and perform the work in accordance with all applicable laws, rules, regulations and ordinances. All such work will be performed in a first class manner causing no interference with the operation of the Americans with Disabilities Act (ADA)Building and no unreasonable noise, odors or inconvenience to Landlord or the other tenants of the Building.
10.02 Notwithstanding anything in Section 11.014. In making any alterations, Lessee, with written consent of Lessor, may install trade fixtures, equipment and machinery in conformance with the ordinance of the applicable city and county, and the same shall be removed at or before termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to the Premises caused by such removal.
10.03 Lessee will pay all costs for alterations made by or through Lessee and Tenant will keep the Premises and the building of which the Premises are a part Building free from any mechanic's or material supplier's liens arising out of any work performed forperformed, materials furnished tofurnished, or obligations incurred by LesseeTenant. Tenant may not make any alterations of the Premises until seven (7) days after receipt by it of the written consent of Landlord in order that Landlord may post or request Tenant to post any appropriate notices to avoid any possible liability with respect to liens. Tenant will, at Landlord's request, prepare, record and post such notices and at all times permit such notices to be posted and to remain posted until the completion and acceptance of such work. In addition, at Landlord's request, Tenant will secure at Tenant's own cost and expense a completion and lien indemnity bond, satisfactory to Landlord, for all such work. Tenant further agrees that there will be no construction, partitions, or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. Tenant must notify Landlord if the Alterations include the handling of any Hazardous Materials1 and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant will provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use or the proper performance of the Alterations.
10.04 Lessor 5. If, as a result of any alterations made by Tenant it is necessary for Landlord to make any other improvements or repairs to the Building, whether within or without the Premises, such work will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants and to alter any buildings and Common Areas, Lessee understands and agrees that such construction will not be deemed to constitute a breach of this Lease by Lessorat Tenant's expense.
Appears in 1 contract
Samples: Office Lease (Tenera Inc)
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee Tenant will not make any alterations to the Premises without LessorLandlord's prior written consent, which Lessor except that Tenant may withhold at its sole discretionmake nonstructural interior improvements not exceeding $25,000 in cost and not involving penetration of the roof, floor or weight-bearing walls. No such Tenant further agrees to notify Landlord of all Tenant alterations may proceed without Lessornotwithstanding the consent limitation of the previous sentence. Landlord's prior written approval ofconsent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval: (i) LesseeTenant'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 approved by the applicable governmental agencies; (iii) Lessee's contractor's work. Tenant agrees that it will have its contractor execute a waiver of its mechanic's lien rights and guarantee that Tenant will remove any mechanic's liens lien placed against the Premises will be removed Project within thirty ten (3010) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses required must be furnished to Lessor. Once Landlord, and, once the alterations begin, Lessee Tenant will diligently and continuously pursue their completion. At LessorLandlord's option, any alteration alterations may become part of the realty and belong to LessorLandlord. Lessee shall be responsible for meeting all requirements If requested by Landlord, Tenant will pay, prior to the commencement of the Americans with Disabilities Act (ADA)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.
10.02 Notwithstanding anything in Section 11.0110.01, LesseeTenant may, with without written consent of LessorLandlord, may install trade fixtures, equipment equipment, and machinery in conformance with the ordinance ordinances of the applicable city and county, and the same shall they may be removed at or before upon termination of this Leaseits Lease provided the Premises are not damaged by their removal. The foregoing notwithstanding, if so required by Lessor. Lessee (at the conclusion of the original term or any executed renewal terms)Tenant shall either remove the Mezzanine and repair at its cost and expense any damage all damages to the Premises caused by such removalremoval or leave the Mezzanine in place with no compensation therefor, at the option of Landlord. In the event Tenant desires to leave the Mezzanine in place, Tenant will request Landlord's permission to leave the Mezzanine in place not more than ninety nor less than sixty days prior to Tenant's move out date. Unless Landlord grants Tenant permission to leave the Mezzanine in place within five days of the date of such request, or otherwise notifies Tenant not to remove the Mezzanine, Tenant shall remove the Mezzanine prior to the move out date.
10.03 Lessee Any private telephone systems and/or other related telecommunications equipment and lines must be installed within Tenant's Premises and, upon termination of this Lease removed and the Premises restored to the same condition as before such installation.
10.04 Tenant will pay all costs for alterations made by or through Lessee and will keep the Premises Premises, the Project and the building of which the Premises are a part underlying property free from any mechanic's or material supplier's liens arising out of work performed for, materials furnished to, to or obligations obligation incurred by LesseeTenant.
10.04 Lessor 10.05 Landlord will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants and to alter any buildings public areas in and Common Areasaround the Project. Notwithstanding anything which may be contained in this Lease, Lessee Tenant understands this right of Landlord and agrees that such construction will not be deemed to constitute a breach of this Lease by LessorLandlord and Tenant waives any such claim which it might have arising from such construction.
Appears in 1 contract
Samples: Standard Industrial Lease (United Stationers Supply Co)
Alterations Mechanics Liens. 10.01 Except as otherwise provided Lessee shall not make any alterations ----------------------------- to the demised premises, or any part thereof (excepting normal office decorations and the installation or removal of Lessee's trade fixtures, furniture, equipment and other personal property), without the written consent of Lessor first being had and obtained. In addition, in Exhibit B, no event shall Lessee will not make any alterations to the Premises without Lessor's prior written consentdemised premises, or any part thereof, which alterations would necessitate expenditures or work by Lessor, or which would require Lessor may withhold at its sole discretion. No such alterations may proceed without Lessor's prior written approval of: (i) Lessee's contractor; (ii) detailed plans and specifications for such work approved by to bring the applicable governmental agencies; (iii) Lessee's contractor's waiver of its mechanic's lien rights and guarantee that any mechanic's liens placed against the Premises will be removed within thirty (30) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits demised premises or other required permits portions of the building in which the demised premises are located into compliance with any governmental codes, laws, rules, regulations or licenses must be furnished to Lessorordinances. Once Any additions to, or alterations of, the alterations begindemised premises, Lessee will diligently except furniture, trade fixtures, equipment and continuously pursue their completion. At Lessor's optionother personal property, any alteration may shall become at once a part of the realty and belong to Lessor. Lessee shall be responsible for meeting all requirements of keep the Americans with Disabilities Act (ADA).
10.02 Notwithstanding anything in Section 11.01, Lessee, with written consent of Lessor, may install trade fixtures, equipment and machinery in conformance with the ordinance of the applicable city and county, demised premises and the same shall be removed at or before termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to the Premises caused by such removal.
10.03 Lessee will pay all costs for alterations made by or through Lessee and will keep the Premises and the building of property in which the Premises demised premises are a part situated free from any mechanic's or material supplier's liens arising out of any work performed forperformed, materials furnished tomaterial furnished, or obligations incurred by Lessee.
10.04 . Lessee agrees that if it shall make any alterations or additions to the demised premises, it will not take such action until five (5) days after the giving of Lessor will notice and/or after receipt by it of the written consent of Lessor, if required by this paragraph, in order that Lessor may post appropriate notices to avoid any possible liability with respect to mechanics' liens or other such claims. Lessee shall at all times permit such notices to be posted and to remain posted until the completion and acceptance of such work. Lessee's trade fixture, furniture, equipment and other personal property installed in the premises ("Lessee's property") shall at all times be and remain Lessee's property. Except for items which cannot be removed without structural injury to the premises, at any time Lessee may remove Lessee's property from the premises, provided that Lessee repairs all damage caused by such removal. Lessor shall have no lien or other interest whatsoever in any item of Lessee's property. Upon request, Lessor shall advise Lessee in writing whether it reserves the right to construct or permit construction of tenant improvements in or about require Lessee to remove any alterations from the Project for existing and new tenants and to alter any buildings and Common Areas, Lessee understands and agrees that such construction will not be deemed to constitute a breach premises upon the termination of this Lease lease. Subject to Lessor's review and approval of all plans therefor, Lessor hereby consents to the installation by LessorLessee of its network and communications cabling and its security system.
Appears in 1 contract
Samples: Office Lease (Evolve Software Inc)
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee will Tenant shall not make any alterations to the Premises Property without LessorLandlord's prior written consent. Landlord's consent shall be contingent upon Tenant providing Landlord with the following items or information, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessorall subject to Landlord's prior written approval ofapproval: (i) Lesseethe name of Tenant's contractor; , (ii) certificates of insurance from Tenant's contractor evidencing that Tenant's contractor is covered by a policy of commercial general liability insurance, with limits not less than Two Million Dollars ($2,000,000) General Aggregate, One Million Dollars ($1,000,000) Products/Complete Operations Aggregate, One Million Dollars ($1,000,000) Personal & Advertising Injury, One Million Dollars ($1,000,000) Each Occurrence, Fifty Thousand Dollars ($50,000) Fire Damage, Five Thousand Dollars ($5,000) Medical Expense, One Million Dollars ($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, 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 approved by the applicable governmental agencies; (iii) Lessee's contractor's work. Tenant shall cause its contractor to execute a waiver of its mechanic's lien rights and guarantee that Tenant shall remove any mechanic's liens lien placed against the Premises will be removed Project within thirty ten (3010) days of receipt of a notice of intent to file any such lien; and (iv) adequate proof 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. 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 required permits or licenses must be furnished to Lessor. Once required in connection therewith, and, once the alterations begin, Lessee will work begins. Tenant shall diligently and continuously pursue their it to completion. 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 cost of such alterations, to insure Landlord against any liability for mechanic's and materialmen's liens and to ensure completion of work. At LessorLandlord's option, any alteration alterations may become part of the Property realty and belong to LessorLandlord. Lessee shall be responsible for meeting all requirements Alternatively, Landlord may require Tenant, at Tenant's sole cost and expense, to remove any such alterations upon the expiration or earlier termination of the Americans with Disabilities Act (ADA)Lease Term and shall restore the Property to its condition prior to the installation 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.
10.02 Notwithstanding anything set forth in Section 11.0110.01 to the contrary, LesseeTenant shall have the right, with subject to the prior written consent of LessorLandlord, may to install trade fixtures, equipment and machinery and private telephone systems and/or other related telecommunications equipment and lines within the Property (provided that the same is done in conformance compliance with the ordinance of the all applicable city and countylaws, ordinances, rules, and regulations). Tenant shall remove the same shall be removed at upon the expiration or before earlier termination of this Lease, if so required by Lessor. Lessee and shall repair at its cost and expense any damage to the Premises caused by Property in connection therewith at Tenant's sole cost and expense, such removalthat the Property shall be restored to its condition prior to the installation of such items, reasonable wear and tear excepted.
10.03 Lessee will Tenant shall pay all costs for any alterations made by or through Lessee installations permitted under this Section 10 and will shall keep the Premises Property and the building of which the Premises are a part Project free from any mechanic's or material supplier's liens arising out of work performed for, materials furnished to, to or obligations obligation incurred by LesseeTenant in connection therewith.
10.04 Lessor will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants and to alter any buildings and Common Areas, Lessee understands and agrees that such construction will not be deemed to constitute a breach of this Lease by Lessor.
Appears in 1 contract
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee will (a) Tenant shall not make any alterations of or additions to the Leased Premises without Lessor's the prior written consent, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessor's prior written approval of: (i) Lessee's contractor; (ii) detailed plans and specifications for such work approved by the applicable governmental agencies; (iii) Lessee's contractor's waiver of its mechanic's lien rights and guarantee that any mechanic's liens placed against the Premises will be removed within thirty (30) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's option, any alteration may become part of the realty and belong to Lessor. Lessee shall be responsible for meeting all requirements of the Americans with Disabilities Act (ADA).
10.02 Notwithstanding anything in Section 11.01, Lessee, with written consent of Lessor, except that Tenant may install trade fixturesmake alterations within the Building without such prior consent so long as the alterations are not "material." Any alteration that increases the weight loan on the roof of the Building, equipment any structural alteration, any alteration which affects any utility system, or any physical addition shall be considered a "material" alteration. All alterations or physical additions shall be performed in a good and machinery workmanlike manner in conformance accordance with all applicable legal requirements, insurance requirements, and free of all liens, and if material, pursuant to plans and specifications approved by Lessor and other reasonable conditions which Lessor shall impose on such work and on the contractors to be used for such work. Any approval required by this Section 15 shall be deemed to have been given if Lessor does not respond within fifteen (15) days after its receipt of Tenant's proposed plans and specifications, if any, and request for approval. After approval, the work shall be commenced promptly, performed in accordance with the ordinance of the applicable city approved plans and countyspecifications, and continued diligently to completion. If Lessor disapproves Tenant's plans, Lessor shall explain with reasonable specificity its reasons for disapproval, and the same shall be removed at or before changes, if any, that would cause Lessor to approve the plans.
(b) At the termination of this Lease, Tenant shall, if Lessor so required elects, remove all alterations and additions erected by Tenant and restore the Leased Premises to their original condition; otherwise, such improvements shall be delivered up to Lessor with the Leased Premises.
(c) If any mechanic's, materialman's or similar lien is filed against the Leased Premises or any part of them as a result of any work or act of Tenant, its contractors or agents, Tenant shall (i) cause the lien to be discharged within fifteen (15) days after the filing of the lien, or (ii), within such 15 days, file a bond, letter of credit or other security reasonably acceptable to Lessor sufficient to indemnify Lessor and the Leased Premises from and against such lien, and Tenant shall diligently contest such lien. If Tenant shall fail to cause the discharge of the lien, or to provide such security, or to contest such lien diligently, Lessor may, but shall not be obligated to, after five (5) days' notice to Tenant, bond or pay the lien for the account of Tenant without inquiring into the validity thereof. In such event, the Tenant shall, within fifteen (15) days after receipt of demand therefor from Lessor, reimburse Lessor the amount so paid or the costs and expenses of such bond. Lessee shall repair at Upon completion of any repair, alteration or other work performed by Tenant or its cost agents and expense any damage contractors to the Premises caused by Leased Premises, Tenant shall provide Lessor with copies of lien waivers from each contractor, agent or vendor who performed work or supplied materials relative to such removalwork.
10.03 Lessee will pay all costs for alterations made by or through Lessee and will keep the Premises and the building of which the Premises are a part free from any mechanic's or material supplier's liens arising out of work performed for, materials furnished to, or obligations incurred by Lessee.
10.04 Lessor will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants and to alter any buildings and Common Areas, Lessee understands and agrees that such construction will not be deemed to constitute a breach of this Lease by Lessor.
Appears in 1 contract
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee A. Tenant will not make or suffer to be made, directly or indirectly, any alterations addition or change to or modification of the Premises Premises, including, without Lessor's prior limitation, the installation of fixtures, trade fixtures, and leasehold improvements (hereinafter, "alteration") without first obtaining the written consentconsent of Landlord, which Lessor consent will not be unreasonably withheld and which consent may withhold at its sole discretion. No be conditioned upon such alterations may proceed without Lessormatters as Landlord's prior written approval of: (i) Lesseeof the reasonable time or times when the alterations are to be performed, employment only of contractors and subcontractors who will not cause labor disharmony, and other reasonable conditions prior to Landlord's contractor; (ii) detailed plans and specifications for such work approved by the applicable governmental agencies; (iii) Lessee's contractor's waiver of its mechanic's lien rights and guarantee that any mechanic's liens placed against the Premises approval. However, no alteration will be removed within thirty permitted if it is structural or will affect the Building's HVAC, electrical, or plumbing systems. Any alteration (30excluding trade fixtures and movable furniture installed by Tenant that belongs to Tenant) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's option, any alteration may become becomes at once a part of the realty and belong belongs to LessorLandlord subject to Landlord's rights under Paragraph 17. Lessee shall Any alterations will be responsible done in accordance with plans and specifications approved by Landlord. Landlord may charge Tenant a reasonable amount for meeting approval of plans and specifications for alterations costing more than $5,000.
B. All alterations will be made by fully licensed, insured and bonded contractors approved in writing by Landlord in advance.
C. If Tenant makes alterations, it will obtain all requirements permits required and perform the work in accordance with all applicable laws, rules, regulations and ordinances. All such work will be performed in a first class manner causing no interference with the operation of the Americans with Disabilities Act (ADA)Building and no unreasonable noise, odors or inconvenience to Landlord or the other tenants of the Building.
10.02 Notwithstanding anything in Section 11.01D. In making any alterations, Lessee, with written consent of Lessor, may install trade fixtures, equipment and machinery in conformance with the ordinance of the applicable city and county, and the same shall be removed at or before termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to the Premises caused by such removal.
10.03 Lessee will pay all costs for alterations made by or through Lessee and Tenant will keep the Premises and the building of which the Premises are a part Building free from any mechanic's or material supplier's liens arising out of any work performed forperformed, materials furnished tofurnished, or obligations incurred by LesseeTenant. Tenant may not make any alterations of the Premises until seven (7) days after receipt by it of the written consent of Landlord in order that Landlord may post or request Tenant to post any appropriate notices to avoid any possible liability with respect to liens. Tenant will, at Lxxxxxxx's request, prepare, record and post such notices and at all times permit such notices to be posted and to remain posted until the completion and acceptance of such work. In addition, at Lxxxxxxx's request, Txxxxx will secure at Txxxxx's own cost and expense a completion and lien indemnity bond, satisfactory to Landlord, for all such work. Txxxxx further agrees that there will be no construction, partitions, or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. Tenant must notify Landlord if the Alterations include the handling of any Hazardous Materials1 and whether these materials are of a customary and typical nature for industry practices. Upon completion of the Alterations, Tenant will provide Landlord with copies of as-built plans. Neither the approval by Landlord of plans and specifications relating to any Alterations nor Landlord's supervision or monitoring of any Alterations constitute any warranty by Landlord to Tenant of the adequacy of the design for Txxxxx's intended use or the proper performance of the Alterations.
10.04 Lessor E. If, as a result of any alterations made by Tenant it is necessary for Landlord to make any other improvements or repairs to the Building, whether within or without the Premises, such work will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants and to alter any buildings and Common Areas, Lessee understands and agrees that such construction will not be deemed to constitute a breach of this Lease by Lessorat Tenant's expense.
Appears in 1 contract
Samples: Office Lease (Bf Enterprises Inc)
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, 11.01 Lessee will not make any alterations to the Premises interior of the Premises, without Lessor's ’s prior written consent which will not be unreasonably withheld. If Lessor gives its consent, which Lessor may withhold at its sole discretion. No no such alterations may will proceed without Lessor's ’s prior written approval of: of (i) Lessee's ’s contractor; , (ii) certificates of insurance by Lessee’s contractor for public liability and automobile liability and property damage insurance with limits not less than $1,000,000/$250,000/$500,000 respectively endorsed to show Lessor as an additional insured and for worker’s compensation as required, (iii) detailed plans and specifications for such work approved by the applicable governmental agencies; and (iiiiv) Lessee's contractor's Lessee agrees that it will have its contractor execute a waiver of its mechanic's ’s lien rights and that Lessee will guarantee that any mechanic's liens ’s lien placed against the Premises Project will be removed by Lessee within thirty (30) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses required must be furnished to Lessor. Once , and, once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's ’s option, any alteration alterations may become part of the realty and belong to Lessor without compensation to Lessee and will pass title to Lessor under this Lease as by a Xxxx of Sale. If requested by Lessor, Lessee will pay, prior to the commencement of construction, an amount determined by Lessor necessary to cover the costs of demolishing such alterations and/or the cost of returning the Premises to their condition before any such alteration. Lessor may also require Lessee shall be responsible to provide Lessor, at Lessee’s sole cost and expense, a payment and performance bond in form acceptable to Lessor, in a principal amount not Less than one and one-half times the estimated cost of such alterations, to insure Lessor against any liability for meeting all requirements mechanic’s and material men’s liens and to insure completion of the Americans with Disabilities Act (ADA)work.
10.02 11.02 Notwithstanding anything in Section 11.01, LesseeLessee may, with written consent of Lessor, may install trade fixtures, equipment equipment, and machinery in conformance with the ordinance ordinances of the applicable city and county, and the same shall they may be removed at or before upon termination of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to Lease provided the Premises caused are not damaged by such their removal.
10.03 11.03 All private telephone systems and/or other related telecommunications equipment and lines may not be installed without Lessor’s prior written consent. In addition, if Lessor gives consent all equipment must be installed within Lessee’s Premises and, upon termination of this Lease removed and the Premises restored to the same condition as before such installation.
11.04 Lessee will pay all costs for alterations made by or through Lessee and will keep the Premises Premises, the Project and the building of which the Premises are a part underlying property free from any mechanic's or material supplier's liens arising out of work performed for, materials furnished tofurnished, to or obligations obligation incurred by Lessee.
10.04 11.05 Lessor will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants lessees and to alter any buildings public areas in and Common Areasaround the Project. Notwithstanding anything which may be contained in this Lease, Lessee understands this right of Lessor and agrees that such construction will not be deemed to constitute a breach of this Lease by LessorLessor and Lessee waives any such claim which it might have arising from such construction.
Appears in 1 contract
Samples: Lease Agreement (Iii to I Maritime Partners Cayman I Lp)
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee will (a) Alterations may not make be made to the Leased Premises without prior written consent of Landlord and any alterations to of the Leased Premises without Lessorexcepting movable furniture and trade fixtures shall at Landlord's prior written consent, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessor's prior written approval of: (i) Lessee's contractor; (ii) detailed plans and specifications for such work approved by the applicable governmental agencies; (iii) Lessee's contractor's waiver of its mechanic's lien rights and guarantee that any mechanic's liens placed against the Premises will be removed within thirty (30) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's option, any alteration may option become part of the realty and belong to Lessor. Lessee shall be responsible for meeting all requirements of the Americans with Disabilities Act (ADA)Landlord.
10.02 (b) Should Tenant desire to alter the leased Premises and Landlord gives written consent to such alterations, at Landlord's option, Tenant shall contract with a licensed and bonded contractor for the construction of such alterations. Tenant agrees not to, and not to allow anyone else to, in or on the leased premises, make any holes in, insert or apply any paint, stain, tape, screws, bolts, nails, wires, or anything else to any metal or floors, walls, windows, doors, ceilings, ducts, vents, fans, grills, pipes, light fixtures, outlet plates, door knobs, locks, etc. This also holds true of any masonite, marlite, vinyl or the like, such as rest room walls, floors, baseboards or any wood trim around doors and windows or any ceiling tiles or sprayed on ceilings or any plastic outlet plates such as light switches and phone jacks.
(c) Notwithstanding anything in Section 11.01paragraph 12 above, LesseeTenant may, with upon written consent of LessorLandlord, may install trade fixtures, machinery or other trade equipment and machinery in conformance with the ordinance ordinances of the applicable city and county, county and the same shall may be removed at or before upon the termination of this Lease provided Tenant shall not be in default under any of the terms and conditions of this Lease, if so required by Lessor. Lessee shall repair at its cost and expense any damage to the Leased Premises caused are not damaged by such removal.
10.03 Lessee will pay all costs for alterations made by or through Lessee . Tenant shall return the Leased Premises on the termination of this Lease in the same condition as when leased to Tenant, reasonable wear and will tear expected. Tenant shall keep the Premises Leased Premises, the Building, and the building of property in which the Leased Premises are a part situated free from any mechanic's or material supplier's liens arising out of any work performed for, materials furnished to, or obligations incurred by LesseeTenant. All such work, provided for above, shall be done at such times and in such manner as Landlord may from time to time designate. Tenant shall give Landlord written notice five (5) days prior to employing any laborer or contractor to perform work resulting in an alteration of the Leased Premises so the Landlord may post a notice of non-responsibility.
10.04 Lessor will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants and to alter any buildings and Common Areas, Lessee understands and agrees that such construction will not be deemed to constitute a breach of this Lease by Lessor.
Appears in 1 contract
Samples: Lease Agreement
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee will (a) Tenant shall not make any alterations of or additions to the Leased Premises without Lessor's the prior written consent, which Lessor may withhold at its sole discretion. No such alterations may proceed without Lessor's prior written approval of: (i) Lessee's contractor; (ii) detailed plans and specifications for such work approved by the applicable governmental agencies; (iii) Lessee's contractor's waiver of its mechanic's lien rights and guarantee that any mechanic's liens placed against the Premises will be removed within thirty (30) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses must be furnished to Lessor. Once the alterations begin, Lessee will diligently and continuously pursue their completion. At Lessor's option, any alteration may become part of the realty and belong to Lessor. Lessee shall be responsible for meeting all requirements of the Americans with Disabilities Act (ADA).
10.02 Notwithstanding anything in Section 11.01, Lessee, with written consent of Lessor, except that Tenant may install trade fixturesmake alterations within the Building without such prior consent so long as the alterations are not "material." Any alteration that increases the weight load on the roof of the Building, equipment any structural alteration, any alteration which affects any utility system, or any physical addition shall be considered a "material" alteration. All alterations or physical additions shall be performed in a good and machinery workmanlike manner in conformance accordance with all applicable legal requirements, insurance requirements, and free of all liens, and if material, pursuant to plans and specifications approved by Lessor and other reasonable conditions which Lessor shall impose on such work and on the contractors to be used for such work. Any approval required by this Section 15 shall be deemed to have been given if Lessor does not respond within fifteen (15) days after its receipt of Tenant's proposed plans and specifications, if any, and request for approval. After approval, the work shall be commenced promptly, performed in accordance with the ordinance of the applicable city approved plans and countyspecifications, and continued diligently to completion. If Lessor disapproves Tenant's plans, Lessor shall explain with reasonable specificity its reasons for disapproval, and the same shall be removed at or before changes, if any, that would cause Lessor to approve the plans.
(b) At the termination of this Lease, Tenant shall, if Lessor so required elects, remove all alterations and additions erected by Tenant and restore the Leased Premises to their original condition; otherwise, such improvements shall be delivered up to Lessor with the Leased Premises.
(c) If any mechanic's, materialman's or similar lien is filed against the Leased Premises or any part of them as a result of any work or act of Tenant, its contractors or agents, Tenant shall (i) cause the lien to be discharged within fifteen (15) days after the filing of the lien, or (ii), within such 15 days, file a bond, letter of credit or other security reasonably acceptable to Lessor sufficient to indemnify Lessor and the Leased Premises from and against such lien, and Tenant shall diligently contest such lien. If Tenant shall fail to cause the discharge of the lien, or to provide such security, or to contest such lien diligently, Lessor may, but shall not be obligated to, after five (5) days' notice to Tenant, bond or pay the lien for the account of Tenant without inquiring into the validity thereof. In such event, the Tenant shall, within fifteen (15) days after receipt of demand therefor from Lessor, reimburse Lessor the amount so paid or the costs and expenses of such bond. Lessee shall repair at Upon completion of any repair, alteration or other work performed by Tenant or its cost agents and expense any damage contractors to the Premises caused by Leased Premises, Tenant shall provide Lessor with copies of lien waivers from each contractor, agent or vendor who performed work or supplied materials relative to such removalwork.
10.03 Lessee will pay all costs for alterations made by or through Lessee and will keep the Premises and the building of which the Premises are a part free from any mechanic's or material supplier's liens arising out of work performed for, materials furnished to, or obligations incurred by Lessee.
10.04 Lessor will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants and to alter any buildings and Common Areas, Lessee understands and agrees that such construction will not be deemed to constitute a breach of this Lease by Lessor.
Appears in 1 contract
Alterations Mechanics Liens. 10.01 Except as otherwise provided in Exhibit B, Lessee Tenant will not make any alterations to the Premises without LessorLandlord's prior written consent, which Lessor except that Tenant may withhold at its sole discretionmake nonstructural interior improvements not exceeding $25,000 in cost and not involving penetration of the roof, floor or weight-bearing walls. No such Tenant further agrees to notify Landlord of all Tenant alterations may proceed without Lessornotwithstanding the consent limitation of the previous sentence. Landlord's prior written approval ofconsent to all alterations shall be contingent upon Tenant providing Landlord with the following items or information, all subject to Landlord's approval: (i) LesseeTenant'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 approved by the applicable governmental agencies; (iii) Lessee's contractor's work. Tenant agrees that it will have its contractor execute a waiver of its mechanic's lien rights and guarantee that Tenant will remove any mechanic's liens lien placed against the Premises will be removed Project within thirty ten (3010) days of receipt of notice of intent to file lien; and (iv) adequate proof 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. In addition, before alterations may begin, valid building permits or other required permits or licenses required must be furnished to Lessor. Once Landlord, and, once the alterations begin, Lessee Tenant will diligently and continuously pursue their completion. At LessorLandlord's option, any alteration alterations may become part of the realty and belong to LessorLandlord. Lessee shall be responsible for meeting all requirements If requested by Landlord, Tenant will pay, prior to the commencement of the Americans with Disabilities Act (ADA)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.
10.02 Notwithstanding anything in Section 11.0110.01, LesseeTenant may, with without written consent of LessorLandlord, may install trade fixtures, equipment equipment, and machinery in conformance with the ordinance ordinances of the applicable city and county, and the same shall they may be removed at or before upon termination of this Leaseits Lease provided the Premises are not damaged by their removal. The foregoing notwithstanding, if so required by Lessor. Lessee (at the conclusion of the original term or any executed renewal terms)Tenant shall either remove the Mezzanine and repair at its cost and expense any damage all damages to the Premises caused by such removalremoval or leave the Mezzanine in place with no compensation therefor, at the option of Landlord. In the event Tenant desires to leave the Mezzanine in place, Tenant will request Landlord's permission to leave the Mezzanine in place not more than ninety nor less than sixty days prior to Tenant's move out date. Unless Landlord grants Tenant permission to leave the Mezzanine in place within five days of the date of such request, or otherwise notifies Tenant not to remove the Mezzanine, Tenant shall remove the Mezzanine prior to the move out date.
10.03 Lessee Any private telephone systems and/or other related telecommunications equipment and lines must be installed within Tenant's Premises and, upon termination of this Lease removed and the Premises restored to the same condition as before such installation.
10.04 Tenant will pay all costs for alterations made by or through Lessee and will keep the Premises Premises, the Project and the building of which the Premises are a part underlying property free from any mechanic's or material supplier's liens arising out of work performed for, materials furnished to, to or obligations obligation incurred by LesseeTenant.
10.04 Lessor 10.05 Landlord will have the right to construct or permit construction of tenant improvements in or about the Project for existing and new tenants Tenant and to alter any buildings public areas in and Common Areasaround the Project. Notwithstanding anything which may be contained in this Lease, Lessee Tenant understands this right of Landlord and agrees that such construction will not be deemed to constitute a breach of this Lease by LessorLandlord and Tenant waives any such claim which it might have arising from such construction.
Appears in 1 contract
Samples: Standard Industrial Lease (United Stationers Supply Co)