Common use of Alterations of Premises Clause in Contracts

Alterations of Premises. (a) All changes, alterations or modifications to the Premises (collectively, "Alterations") shall be made in accordance with this Section 5.3. Tenant shall have the right to perform non-structural modifications to, remodel and redecorate, retexturize, recarpet and repaint the Premises without obtaining the prior written consent of Landlord; provided (i) the proposed Alteration does not affect the exterior appearance of the Premises, including, without limitation, the storefront or the storefront sign of the Premises, or the roof, foundation, supports or structural integrity of the building of which the Premises is a part; (ii) Tenant submits an information copy of all remodeling plans to Landlord at least thirty (30) days prior to the date any such work is scheduled to commence; (iii) the total cost of all work involved in the Alteration does not exceed Three Hundred Thousand Dollars ($300,000) in any one project or an aggregate amount of Six Hundred Thousand Dollars ($600,000) in any one Lease Year; and (iv) such work does not violate any code, ordinance or Requirement and does not cause Landlord's insurance rates to increase. Except for the foregoing, Tenant shall not make any Alterations to any portion of the Premises without, in each instance, obtaining Landlord's prior written consent. (b) All work ("Work") pertaining to any Alteration to the Premises, including, without limitation, Tenant's Work, shall comply with the following: (i) No Work shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required, from time to time, all permits and authorizations of all municipal departments and governmental subdivisions having jurisdiction. Provided no default exists hereunder, Landlord shall join in the application for such permits and authorizations whenever such action is necessary; provided, however, that Landlord shall not incur any expense or be subject to any liability as a result of joining in any such application. Within ten (10) days after completion of the Work, Tenant shall deliver to Landlord a certificate of occupancy or such similar certificates as may be required or customary by applicable laws and legal requirements. (ii) All Work shall be performed promptly and in a good and workmanlike manner and in compliance with all applicable permits and laws, and in accordance with the orders, rules and regulations of the National Board of Fire Underwriters or any other body hereafter exercising similar functions, and Tenant shall furnish Landlord with evidences and assurances reasonably acceptable to Landlord that all such Work shall be completed, subject to Unavoidable Delays, at least one (1) year prior to the end of the Term of this Lease. (iii) The cost of any Work shall be paid promptly by Tenant so that the Premises shall at all times be free and clear of liens for labor and materials supplied or claimed to have been supplied in connection therewith. (iv) Tenant shall carry, or shall cause to be carried, worker's compensation insurance covering all persons employed in connection with any Work and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the Premises, and, without duplication of any insurance required by Article VIII hereof, adequate all-risk and builders risk insurance for the mutual benefit of Tenant and Landlord in amounts satisfactory to Landlord and, at Landlord's request, such other insurance in favor of Landlord in types and amounts as are reasonable and customary, all at Tenant's expense, at all times when any such Work is in progress; provided, however, that Tenant shall be fully liable for any failure to maintain such insurance, including, without limitation, Tenant's obligation to indemnify Landlord for the failure to maintain insurance in accordance with the provisions of this Lease. All such insurance shall be provided by a company or companies of recognized responsibility and reasonably satisfactory to Landlord, and all policies or certified copies of policies issued by the respective insurers, bearing notations evidencing the payment of premiums or accompanied by other evidence satisfactory to Landlord of such payment, shall be delivered to Landlord prior to the commencement of any Work.

Appears in 5 contracts

Samples: Store Lease Agreement (Gottschalks Inc), Store Lease Agreement (Gottschalks Inc), Asset Purchase Agreement (Gottschalks Inc)

AutoNDA by SimpleDocs

Alterations of Premises. (a) All changes, alterations or modifications to the Premises (collectively, "Alterations") shall be made in accordance with this Section 5.3. Tenant shall have the right to perform non-structural modifications to, remodel and redecorate, retexturize, recarpet and repaint the Premises without obtaining the prior written consent of Landlord; provided (i) the proposed Alteration does not affect the exterior appearance of the Premises, including, without limitation, the storefront or the storefront sign of the Premises, or the roof, foundation, supports or structural integrity of the building of which the Premises is a part; (ii) Tenant submits an information copy of all remodeling plans to Landlord at least thirty (30) days prior to the date any such work is scheduled to commence; (iii) the total cost of all work involved in the Alteration does not exceed Three Hundred Thousand Dollars ($300,000) in any one project or an aggregate amount of Six Hundred Thousand Dollars ($600,000) in any one Lease Year); and (iv) such work does not violate any code, ordinance or Requirement and does not cause Landlord's insurance rates to increase. Except for the foregoing, Tenant shall not make any Alterations to any portion of the Premises without, in each instance, obtaining Landlord's prior written consent. (b) All work ("Work") pertaining to any Alteration to the Premises, including, without limitation, Tenant's Work, shall comply with the following: (i) No Work shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required, from time to time, all permits and authorizations of all municipal departments and governmental subdivisions having jurisdiction. Provided no default exists hereunder, Landlord shall join in the application for such permits and authorizations whenever such action is necessary; provided, however, that Landlord shall not incur any expense or be subject to any liability as a result of joining in any such application. Within ten (10) days after completion of the Work, Tenant shall deliver to Landlord a certificate of occupancy or such similar certificates as may be required or customary by applicable laws and legal requirements. (ii) All Work shall be performed promptly and in a good and workmanlike manner and in compliance with all applicable permits and laws, and in accordance with the orders, rules and regulations of the National Board of Fire Underwriters or any other body hereafter exercising similar functions, and Tenant shall furnish Landlord with evidences and assurances reasonably acceptable to Landlord that all such Work shall be completed, subject to Unavoidable Delays, at least one (1) year prior to the end of the Term of this Lease. (iii) The cost of any Work shall be paid promptly by Tenant so that the Premises shall at all times be free and clear of liens for labor and materials supplied or claimed to have been supplied in connection therewith. (iv) Tenant shall carry, or shall cause to be carried, worker's compensation insurance covering all persons employed in connection with any Work and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the Premises, and, without duplication of any insurance required by Article VIII hereof, adequate all-risk and builders risk insurance for the mutual benefit of Tenant and Landlord in amounts satisfactory to Landlord and, at Landlord's request, such other insurance in favor of Landlord in types and amounts as are reasonable and customary, all at Tenant's expense, at all times when any such Work is in progress; provided, however, that Tenant shall be fully liable for any failure to maintain such insurance, including, without limitation, Tenant's obligation to indemnify Landlord for the failure to maintain insurance in accordance with the provisions of this Lease. All such insurance shall be provided by a company or companies of recognized responsibility and reasonably satisfactory to Landlord, and all policies or certified copies of policies issued by the respective insurers, bearing notations evidencing the payment of premiums or accompanied by other evidence satisfactory to Landlord of such payment, shall be delivered to Landlord prior to the commencement of any Work.

Appears in 2 contracts

Samples: Store Lease Agreement (Gottschalks Inc), Asset Purchase Agreement (Gottschalks Inc)

Alterations of Premises. (a) All changesLessee shall not at any time during the term of this Lease make any alteration, alterations rebuilding, replacement, change, addition or modifications improvement in or to the Leased Premises (collectively, "Alterations") shall be made in accordance with this Section 5.3. Tenant shall have the right to perform non-structural modifications to, remodel and redecorate, retexturize, recarpet and repaint the Premises without obtaining the prior written consent of Landlord; provided (i) the proposed Alteration does not affect the exterior appearance of the Premises, including, without limitation, the storefront or the storefront sign of the Premises, or the roof, foundation, supports or structural integrity of the building of which the Premises is a part; (ii) Tenant submits an information copy of all remodeling plans to Landlord at least thirty (30) days prior to the date any such work is scheduled to commence; (iii) the total cost of all work involved in the Alteration does not exceed Three Hundred Thousand Dollars ($300,000) in any one project or an aggregate amount of Six Hundred Thousand Dollars ($600,000) in any one Lease Year; and (iv) such work does not violate any code, ordinance or Requirement and does not cause Landlord's insurance rates to increase. Except for the foregoing, Tenant shall not make any Alterations to any portion of the Premises without, in each instance, obtaining Landlord's prior written consent. (b) All work ("Work") pertaining to any Alteration to the Premises, including, without limitation, Tenant's Work, shall comply with the followingimprovement thereon unless: (i) No Work The same shall be undertaken until Tenant performed in a first class workmanlike manner, at Lessee's sole cost and expense, and shall have procured and paid fornot weaken or impair the structural strength, so far or lessen the value of such improvements as shall be on the same Leased Premises at the time, or change the purposes for which such improvements may be required, from time to time, all permits and authorizations of all municipal departments and governmental subdivisions having jurisdiction. Provided no default exists hereunder, Landlord shall join in the application for such permits and authorizations whenever such action is necessary; provided, however, that Landlord shall not incur any expense or be subject to any liability as a result of joining in any such application. Within ten (10) days after completion of the Work, Tenant shall deliver to Landlord a certificate of occupancy or such similar certificates as may be required or customary by applicable laws and legal requirements.used; (ii) All Work The same shall be performed promptly made according to plans and specifications therefore, which shall be first submitted to and approved in a good writing by Lessor, said consent not to be unreasonably withheld; (iii) Before the commencement of any such work such plans and workmanlike manner specifications shall be filed with and in compliance with approved by all applicable permits governmental departments or authorities having jurisdiction, and lawsany public utility company having an interest therein, and all such work shall be done subject to and in accordance with the orders, rules requirements of law and local regulations of all governmental departments or authorities having jurisdiction and of such public utility company, as the National Board of Fire Underwriters or any other body hereafter exercising similar functions, and Tenant shall furnish Landlord with evidences and assurances reasonably acceptable to Landlord that all such Work shall be completed, subject to Unavoidable Delays, at least one (1) year prior to the end of the Term of this Lease. (iii) The cost of any Work shall be paid promptly by Tenant so that the Premises shall at all times be free and clear of liens for labor and materials supplied or claimed to have been supplied in connection therewith.case may be; (iv) Tenant Before the commencement of any such work, Lessee shall carry, or shall cause pay the amount of any increase in premiums on insurance policies provided for under this Lease on account of endorsements to be carriedmade thereon covering the risk during the course of such work, workerand workmen's compensation insurance covering all persons employed in connection with any Work the work and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant Lessor or the Premises, and, without duplication of any insurance required Leased Premises shall be maintained by Article VIII hereof, adequate all-risk Lessee at its sole cost and builders risk insurance for the mutual benefit of Tenant and Landlord in amounts satisfactory to Landlord and, at Landlord's request, such other insurance in favor of Landlord in types and amounts as are reasonable and customary, all at Tenant's expense, expense at all times when any such Work work is in progress; providedand (v) With respect to each contract or agreement (oral or written) for labor, howeverservices, that Tenant shall be fully liable for materials or supplies in connection with any failure to maintain such insurancealteration, includingrebuilding, without limitationreplacement, Tenant's obligation to indemnify Landlord for the failure to maintain insurance in accordance with the provisions of this Lease. All such insurance shall be provided by a company change, addition or companies of recognized responsibility and reasonably satisfactory to Landlord, and all policies or certified copies of policies issued by the respective insurers, bearing notations evidencing the payment of premiums or accompanied by other evidence satisfactory to Landlord of such payment, shall be delivered to Landlord prior to improvement before the commencement of any Worksuch work, Lessee shall deliver to Lessor either (i) a duplicate original of such contract, if in writing, which shall provide that no lien or claim shall thereby be created, or arise, or be filed by anyone thereunder upon or against the Leased Premises, or the buildings or improvements thereof, or to be erected on the Leased Premises or any of the equipment thereon or (ii) a written waiver by the architect, engineer, contractor, subcontractor, material man, mechanic, and each other person or corporation contracting to furnish such labor, services, materials or supplies, of all right of lien which he or it might otherwise have upon or against the Leased Premises, or the buildings or improvements to be altered, repaired, improved or constructed, or the interest of Lessor therein. (b) All buildings, alterations, rebuilding, replacements, changes, additions, improvements and appurtenances on or in the Leased Premises at the commencement of the lease term, and which may be erected, installed or affixed on or in the Leased Premises during the term hereof, are and shall be deemed to be and immediately become part of the realty and the sole and absolute property of Lessor and shall be deemed to be part of the Leased Premises, except that all movable trade fixtures installed by Lessee, any assignee or any sub-lessee shall be and remain the property of Lessee, such assignee or such sub-lessee, as the case may be.

Appears in 1 contract

Samples: Lease Agreement (Natural Gas Services Group Inc)

AutoNDA by SimpleDocs

Alterations of Premises. (a) All changes, alterations or modifications to the Premises (collectively, "Alterations") shall be made in accordance with this Section 5.3. Tenant shall have the right to perform non-structural modifications to, remodel and redecorate, retexturize, recarpet and repaint the Premises without obtaining the prior written consent of Landlord; provided (i) the proposed Alteration does not affect the exterior appearance of the Premises, including, without limitation, the storefront or the storefront sign of the Premises, or the roof, foundation, supports or structural integrity of the building of which the Premises is a part; (ii) Tenant submits an information copy of all remodeling plans to Landlord at least thirty (30) days prior to the date any such work is scheduled to commence; (iii) the total cost of all work involved in the Alteration does not exceed Three Hundred Thousand Dollars ($300,000) in any one project or an aggregate amount of Six Hundred Thousand Dollars ($600,000) in any one Lease Year); and (iv) such work does not violate any code, ordinance or Requirement and does not cause Landlord's insurance rates to increase. Except for the foregoing, Tenant shall not make any Alterations to any portion of the Premises without, in each instance, obtaining Landlord's prior written consent. (b) All work ("Work") pertaining to any Alteration to the Premises, including, without limitation, Tenant's Work, shall comply with the following: : (i) No Work shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required, from time to time, all permits and authorizations of all municipal departments and governmental subdivisions having jurisdiction. Provided no default exists hereunder, Landlord shall join in the application for such permits and authorizations whenever such action is necessary; provided, however, that Landlord shall not incur any expense or be subject to any liability as a result of joining in any such application. Within ten (10) days after completion of the Work, Tenant shall deliver to Landlord a certificate of occupancy or such similar certificates as may be required or customary by applicable laws and legal requirements. (ii) All Work shall be performed promptly and in a good and workmanlike manner and in compliance with all applicable permits and laws, and in accordance with the orders, rules and regulations of the National Board of Fire Underwriters or any other body hereafter exercising similar functions, and Tenant shall furnish Landlord with evidences and assurances reasonably acceptable to Landlord that all such Work shall be completed, subject to Unavoidable Delays, at least one (1) year prior to the end of the Term of this Lease. (iii) The cost of any Work shall be paid promptly by Tenant so that the Premises shall at all times be free and clear of liens for labor and materials supplied or claimed to have been supplied in connection therewith. (iv) Tenant shall carry, or shall cause to be carried, worker's compensation insurance covering all persons employed in connection with any Work and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the Premises, and, without duplication of any insurance required by Article VIII hereof, adequate all-risk and builders risk insurance for the mutual benefit of Tenant and Landlord in amounts satisfactory to Landlord and, at Landlord's request, such other insurance in favor of Landlord in types and amounts as are reasonable and customary, all at Tenant's expense, at all times when any such Work is in progress; provided, however, that Tenant shall be fully liable for any failure to maintain such insurance, including, without limitation, Tenant's obligation to indemnify Landlord for the failure to maintain insurance in accordance with the provisions of this Lease. All such insurance shall be provided by a company or companies of recognized responsibility and reasonably satisfactory to Landlord, and all policies or certified copies of policies issued by the respective insurers, bearing notations evidencing the payment of premiums or accompanied by other evidence satisfactory to Landlord of such payment, shall be delivered to Landlord prior to the commencement of any Work.

Appears in 1 contract

Samples: Store Lease Agreement (Gottschalks Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!