ALTERATIONS TO THE PREMISES. a. TENANT’s constructed facilities and improvements on the Premises shall be subject to the LANDLORD’S prior written approval of TENANT’S proposed plans and specifications. All construction shall be performed in a good and skilled manner with adherence to the terms and conditions of this Agreement, and all applicable federal, state or local rules, regulations, codes, and Airport Standard Operating Procedures. b. No construction or development activities shall be allowed on the Premises causing adverse drainage issues such as erosion, blocking the flow of stormwater flow, or introducing stormwater flow across the leasehold of other Airport tenants. No stormwater runoff shall be allowed to leave the Premises except as may be allowed, and in the manner prescribed or approved, in advance by the LANDLORD and subject to the design of a licensed civil engineer. c. If required by LANDLORD at the completion of an approved alteration, TENANT agrees to furnish or have furnished from the contractor performing such alterations a letter to LANDLORD warranting that: 1) The improvements have been completed in accordance with the plans and specifications; 2) The improvements have been completed in a good and skilled manner; 3) No liens have been filed, nor is there any basis for the filing of such liens with respect to the improvements; 4) All improvements constituting a part of the project are located or installed upon the Premises; and 5) The actual total construction cost of the approved project. d. Additions or alterations must be designed and constructed in a manner that will not weaken or compromise the structural strength, or reduce the value or functionality of the Premises or existing improvements thereon. Any approvals issued under this Section shall be deemed approvals of the Wichita Airport Authority, as LANDLORD, in its capacity as the property owner and landlord, but shall not be deemed approvals as required for local zoning codes, local building codes, or any other approval or permit required by the Sedgwick County Metropolitan Area Building and Construction Department in a regulatory or governmental capacity. Notwithstanding any other indemnity provision, TENANT shall indemnify and hold the LANDLORD harmless for any liability for regulatory or governmental approvals or the failure to obtain the same. TENANT shall be responsible for obtaining all permits and approvals required for the construction, maintenance, operation and use of all improvements on the Premises. performed by TENANT or its agents, representatives or contractors.
Appears in 3 contracts
Samples: Use and Lease Agreement, Use and Lease Agreement, Use and Lease Agreement
ALTERATIONS TO THE PREMISES. a. TENANT(a) Tenant shall not make or allow to be made any alterations, physical additions or other improvements (including fixtures) in or to the Premises (such alterations, additions and other improvements being herein called “Premises Alterations”), or place safes, vaults, file cabinets or other heavy furniture or equipment within the Premises, without first obtaining Landlord’s constructed facilities written approval of Tenant’s contractors and improvements the plans and specifications therefor, which approval shall not be unreasonably withheld or delayed. If such approval is given, prior to commencement of construction Tenant shall deliver to Landlord all building permits required for such construction, a certificate of insurance from Tenant’s contractors confirming the existence of all insurance reasonably required by Landlord and a copy of the executed construction contract covering such Premises Alterations. Landlord’s approval, if given, shall create no responsibility or liability on the part of Landlord for, or warranty by Landlord with respect to, the completeness or design sufficiency or compliance with any Legal Requirements. Tenant shall pay to Landlord, upon demand, a fee not to exceed three percent (3%) of the cost of such Premises alterations. to compensate Landlord for the cost of review and monitoring the construction of such Premises Alterations. Upon completion, Tenant shall deliver to Landlord a copy of the “as-built” plans and specifications for all Premises Alterations on a diskette in AutoCAD or compatible format.
(b) Landlord’s interest in the Premises shall not be subject to liens for improvements made by Tenant, and Tenant shall have no power, right, or authority to create any lien or permit any lien to attach to the LANDLORD’S prior written approval Premises or to the present estate, reversion, or other estate of TENANT’S proposed plans Landlord in the Premises, the Building, the Land, the Project, and specificationsany other property of Landlord as a result of improvements made by Tenant or for any other cause or reason. All construction shall be performed in a good and skilled manner with adherence to the terms and conditions of this Agreementmaterialmen, contractors, artisans, mechanics, laborers, and all applicable federal, state or local rules, regulations, codes, and Airport Standard Operating Procedures.
b. No construction or development activities shall be allowed on the Premises causing adverse drainage issues such as erosion, blocking the flow of stormwater flow, or introducing stormwater flow across the leasehold of other Airport tenants. No stormwater runoff shall be allowed to leave the Premises except as may be allowed, and in the manner prescribed or approved, in advance by the LANDLORD and subject to the design of a licensed civil engineer.
c. If required by LANDLORD at the completion of an approved alteration, TENANT agrees to furnish or have furnished from the contractor performing such alterations a letter to LANDLORD warranting that:
1) The improvements have been completed in accordance persons contracting with the plans and specifications;
2) The improvements have been completed in a good and skilled manner;
3) No liens have been filed, nor is there any basis for the filing of such liens Tenant with respect to the improvements;Premises or any part thereof (“Potential Lienors”) are hereby charged with notice that such liens are expressly prohibited and that such Potential Lienors must look solely to Tenant to secure payment for any work done or material furnished for improvements by Tenant or for any other purpose during the term of this Lease. Tenant covenants to promptly notify all Potential Lienors of this provision exculpating Landlord and the Premises, the Building, the Land, the Project, and any other property of Landlord from liability for such liens. Tenant shall also advise all Potential Lienors of the provisions of this subsection (b).
4(c) All Leasehold Improvements (hereinafter defined), including without limitation, all Premises Alterations are the property of Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease, whether by lapse of time or otherwise; provided, however, that Tenant shall remove all Trade Fixtures (as hereinafter defined) and any Premises Alterations as designated in writing by Landlord to be removed at the time that Landlord approves the Premises Alterations. In addition, pursuant to EXHIBIT D, Tenant may be required to remove certain items of Tenant Work which do not comply with the Tenant Work Standards (as defined in EXHIBIT D). Tenant shall repair and restore any damage to the Premises caused by the removal of any items pursuant to this Section 5.2(c) or EXHIBIT D.
(d) As used in this Lease, the term “Leasehold Improvements” means any and all improvements constituting a part and tenant finish existing in the Premises as of the project are located Commencement Date, including the Tenant Work, as defined and described in EXHIBIT D, as well as any and all Premises Alterations added by Tenant after the Commencement Date, but excluding Trade Fixtures. As used in this Lease, the term “Trade Fixtures” means any fixtures, telephone, voice and data cabling, computer systems, furniture, furniture systems or equipment used or installed upon by or at the Premises; and
5) The actual total construction cost request of Tenant which are not permanently affixed to the Premises and the removal of which would not adversely affect the structure of the approved project.
d. Additions or alterations must be designed and constructed in a manner that will not weaken or compromise the structural strength, or reduce the value or functionality of the Premises or existing improvements thereon. Any approvals issued under this Section shall be deemed approvals of the Wichita Airport Authority, as LANDLORD, in its capacity as the property owner and landlord, but shall not be deemed approvals as required for local zoning codes, local building codes, Building or any other approval of its systems, including HVAC, electrical, life safety or permit required by the Sedgwick County Metropolitan Area Building and Construction Department in a regulatory or governmental capacity. Notwithstanding any other indemnity provision, TENANT shall indemnify and hold the LANDLORD harmless for any liability for regulatory or governmental approvals or the failure to obtain the same. TENANT shall be responsible for obtaining all permits and approvals required for the construction, maintenance, operation and use of all improvements on the Premises. performed by TENANT or its agents, representatives or contractorsplumbing.
Appears in 2 contracts
Samples: Lease Agreement (Q2 Holdings, Inc.), Lease Agreement (Q2 Holdings, Inc.)
ALTERATIONS TO THE PREMISES. a. TENANT(a) Tenant shall not make or allow to be made any alterations, physical additions or other improvements (including fixtures) in or to the Premises (such alterations, additions and other improvements being herein called “Premises Alterations”), or place safes, vaults, file cabinets or other heavy furniture or equipment within the Premises, without first obtaining Landlord’s constructed facilities written approval of Tenant’s contractors and improvements the plans and specifications therefor, which approval shall not be unreasonably withheld or delayed. If such approval is given, prior to commencement of construction Tenant shall deliver to Landlord all building permits required for such construction, a certificate of insurance from Tenant’s contractors confirming the existence of all insurance reasonably required by Landlord and a copy of the executed construction contract covering such Premises Alterations. Landlord’s approval, if given, shall create no responsibility or liability on the part of Landlord for, or warranty by Landlord with respect to, the completeness or design sufficiency or compliance with any Legal Requirements. Tenant shall pay to Landlord, upon demand, a fee not to exceed three percent (3%) of the cost of such Premises alterations. to compensate Landlord for the cost of review and monitoring the construction of such Premises Alterations. Upon completion, Tenant shall deliver to Landlord a copy of the “as-built” plans and specifications for all Premises Alterations on a diskette in AutoCAD or compatible format.
(b) Landlord’s interest in the Premises shall not be subject to liens for improvements made by Tenant, and Tenant shall have no power, right, or authority to create any lien or permit any lien to attach to the LANDLORD’S prior written approval Premises or to the present estate, reversion, or other estate of TENANT’S proposed plans Landlord in the Premises, the Building, the Land, the Project, and specificationsany other property of Landlord as a result of improvements made by Tenant or for any other cause or reason. All construction shall be performed in a good and skilled manner with adherence to the terms and conditions of this Agreementmaterialmen, contractors, artisans, mechanics, laborers, and all applicable federal, state or local rules, regulations, codes, and Airport Standard Operating Procedures.
b. No construction or development activities shall be allowed on the Premises causing adverse drainage issues such as erosion, blocking the flow of stormwater flow, or introducing stormwater flow across the leasehold of other Airport tenants. No stormwater runoff shall be allowed to leave the Premises except as may be allowed, and in the manner prescribed or approved, in advance by the LANDLORD and subject to the design of a licensed civil engineer.
c. If required by LANDLORD at the completion of an approved alteration, TENANT agrees to furnish or have furnished from the contractor performing such alterations a letter to LANDLORD warranting that:
1) The improvements have been completed in accordance persons contracting with the plans and specifications;
2) The improvements have been completed in a good and skilled manner;
3) No liens have been filed, nor is there any basis for the filing of such liens Tenant with respect to the improvements;Premises or any part thereof (“Potential Lienors”) are hereby charged with notice that such liens are expressly prohibited and that such Potential Lienors must look solely to Tenant to secure payment for any work done or material furnished for improvements by Tenant or for any other purpose during the term of this Lease. Tenant covenants to promptly notify all Potential Lienors of this provision exculpating Landlord and the Premises, the Building, the Land, the Project, and any other property of Landlord from liability for such liens. Tenant shall also advise all Potential Lienors of the provisions of this subsection (b).
4(c) All improvements constituting a part Leasehold Improvements (hereinafter defined), including without limitation, all Premises Alterations are the property of the project are located or installed Landlord and shall be surrendered to Landlord upon the Premisesexpiration or earlier termination of this Lease, whether by lapse of time or otherwise; and
5provided, however, that Tenant shall remove all Trade Fixtures (as hereinafter defined) The actual total construction cost of and any Premises Alterations as designated in writing by Landlord to be removed at the approved project.
d. Additions or alterations must be designed and constructed in a manner time that will not weaken or compromise the structural strength, or reduce the value or functionality of Landlord approves the Premises or existing improvements thereonAlterations. Any approvals issued under In addition, pursuant to EXHIBIT D, Tenant may be required to remove certain items of Tenant Work which do not comply with the Tenant Work Standards (as defined in EXHIBIT D). Tenant shall repair and restore any damage to the Premises caused by the removal of any items pursuant to this Section shall be deemed approvals of the Wichita Airport Authority, as LANDLORD, in its capacity as the property owner and landlord, but shall not be deemed approvals as required for local zoning codes, local building codes, 5.2(c) or any other approval or permit required by the Sedgwick County Metropolitan Area Building and Construction Department in a regulatory or governmental capacity. Notwithstanding any other indemnity provision, TENANT shall indemnify and hold the LANDLORD harmless for any liability for regulatory or governmental approvals or the failure to obtain the same. TENANT shall be responsible for obtaining all permits and approvals required for the construction, maintenance, operation and use of all improvements on the Premises. performed by TENANT or its agents, representatives or contractors.EXHIBIT D.
Appears in 1 contract
Samples: Lease Agreement (Q2 Holdings, Inc.)
ALTERATIONS TO THE PREMISES. a. TENANT(a) The parties’ respective obligations with respect to Tenant’s constructed facilities Work shall be governed by EXHIBIT C, except as otherwise expressly provided in this Section 5.2. From and after the Commencement Date, Tenant shall not make or allow to be made any alterations, physical additions or other improvements on (including fixtures) in or to the applicable portion of the Premises (such alterations, additions and other improvements being herein called “Premises Alterations”), or place safes, vaults, file cabinets or other furniture or equipment exceeding the applicable design capacity for the Premises (which design capacity shall be subject to contained in the LANDLORD’S prior Final Landlord’s Work Plans), without first obtaining Landlord’s written approval of TENANT’S proposed Tenant’s contractors and the plans and specificationsspecifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. If such approval is given, prior to commencement of construction Tenant shall deliver to Landlord all building permits required for such construction, a certificate of insurance from Tenant’s contractors confirming the existence of all insurance reasonably required by Landlord and a copy of the executed construction contract covering such Premises Alterations, and copies of lien waivers, certificates of occupancy and other information reasonably requested by Landlord. All construction Premises Alterations shall comply with all applicable, federal, state and local Legal Requirements, including, without limitation, the ADA, the OSHA General Industry Standard (29 C.F.R. Section 1910.1001, et seq.), and the OSHA Construction Standard (29 C.F.R. Section 1926.1001, et seq.) and shall be performed in a good and skilled manner accordance with adherence to the terms and conditions provisions of this Agreement, Lease and all applicable federal, state or local rules, regulations, codes, and Airport Standard Operating Procedures.
b. No construction or development activities shall be allowed on the Premises causing adverse drainage issues such as erosion, blocking the flow of stormwater flow, or introducing stormwater flow across the leasehold of other Airport tenants. No stormwater runoff shall be allowed to leave the Premises except as may be allowed, and in the manner prescribed or approved, in advance by the LANDLORD and subject to the design of a licensed civil engineer.
c. If required by LANDLORD at the completion of an approved alteration, TENANT agrees to furnish or have furnished from the contractor performing such alterations a letter to LANDLORD warranting that:
1) The improvements have been completed in accordance with the plans and specifications;
2) The improvements have been completed in a good and skilled manner;
3) No liens have been filed, nor workmanlike manner using material of a quality that is there any basis at least equal to the quality designated by Landlord as the minimum standard for the filing Buildings. Landlord’s approval, if given, shall create no responsibility or liability on the part of Landlord for, or warranty by Landlord with respect to, the completeness or design sufficiency or compliance with any Legal Requirements. If Tenant requests that Landlord or an Affiliate of Landlord manage the construction of any Premises Alterations, Tenant shall pay to Landlord or its Affiliate, upon demand, a fee to reasonably compensate Landlord for the cost of managing the construction of such Premises Alterations given the scope of the Premises Alterations to be performed. Within sixty (60) days following completion of any Premises Alterations, Tenant shall deliver to Landlord a copy of the “as-built” plans and specifications for all Premises Alterations on a diskette in AutoCAD or compatible format and equipment manuals. Notwithstanding the foregoing, any interior, non-structural Premises Alterations that (i) cost less than $500,000.00 in the aggregate during any Lease Year (exclusive of carpet and paint), (ii) do not affect any life-safety, telecommunications, electrical, mechanical, or plumbing or other system of the Buildings, (iii) do not require any penetrations in or otherwise affect any walls, floors, roofs, or other structural elements of the Buildings, (iv) do not involve any signs visible from the exterior of the Premises or any change in the exterior appearance of the windows in the Premises and (v) do not involve significant changes to final approved exterior landscaping plan, shall not require Landlord’s prior approval, if Tenant notifies Landlord of such work at least ten (10) business days prior to commencing such work, and subject also to Tenant’s compliance with all other provisions of this Lease pertaining to Premises Alterations. In addition, Premises Alterations which consist solely of decorative or cosmetic work such as painting and installing carpeting and/or wall coverings shall not be subject to Landlord’s prior approval provided that Tenant delivers a reasonable description of such work to Landlord at least ten (10) business days prior to commencing such work, and subject also to Tenant’s compliance with all other provisions of this Lease pertaining to Premises Alterations.
(b) Landlord’s interest in the Premises shall not be subject to liens for improvements made by Tenant (including, without limitation, the Tenant’s Work), and Tenant shall have no power, right, or authority to create any lien or permit any lien to attach to the Premises or to the present estate, reversion, or other estate of Landlord in the Premises and any other property of Landlord as a result of improvements made by Tenant or for any other cause or reason. All materialmen, contractors, artisans, mechanics, laborers, and other persons contracting with Tenant with respect to the improvements;Premises or any part thereof (“Potential Lienors”) are hereby charged with notice that such liens are expressly prohibited and that such Potential Lienors must look solely to Tenant to secure payment for any work done or material furnished for improvements by Tenant or for any other purpose during the term of this Lease.
4(c) All Leasehold Improvements (hereinafter defined), including without limitation, all Premises Alterations shall be surrendered to Landlord upon the expiration or earlier termination of this Lease, whether by lapse of time or otherwise; provided, however, that Tenant shall remove all Trade Fixtures and any Premises Alterations as designated in writing by Landlord to be removed at the time that Landlord approves the Premises Alterations. Tenant shall repair and restore any damage to the Premises caused by the removal of any items pursuant to this Section 5.2(c) or EXHIBIT C.
(d) As used in this Lease, the term “Leasehold Improvements” means any and all improvements constituting a part and tenant finishes existing in the Premises as of the project are located Commencement Date, including the Tenant’s Work, as defined and described in EXHIBIT C, as well as any and all Premises Alterations added by Tenant after the Commencement Date, but excluding Trade Fixtures. As used in this Lease, the term “Trade Fixtures” means any fixtures, telephone, voice and data cabling, computer systems, furniture, furniture systems or equipment used or installed upon by or at the Premises; and
5) The actual total construction cost request of Tenant which are not permanently affixed to the Premises and the removal of which would not adversely affect the structure of the approved project.
d. Additions Buildings or alterations must be designed and constructed in a manner that will not weaken any of its systems, including HVAC, electrical, life safety or compromise the structural strength, or reduce the value or functionality of the Premises or existing improvements thereonplumbing. Any approvals issued under this Section shall be deemed approvals of the Wichita Airport Authority, as LANDLORD, in its capacity as the property owner and landlord, but Trade Fixture shall not be deemed approvals as required for local zoning codes, local building codes, or any other approval or permit required by the Sedgwick County Metropolitan Area Building and Construction Department in a regulatory or governmental capacity. Notwithstanding any other indemnity provision, TENANT shall indemnify and hold the LANDLORD harmless for any liability for regulatory or governmental approvals or the failure to obtain the same. TENANT shall be responsible for obtaining all permits and approvals required for the construction, maintenance, operation and use of all improvements on the Premises. performed by TENANT or its agents, representatives or contractorsinclude Tenant Lines.
Appears in 1 contract
Samples: Lease Agreement (Bandwidth Inc.)
ALTERATIONS TO THE PREMISES. a. TENANT’s constructed facilities (a) Except for alterations of a cosmetic nature that cost less than $25,0000 in each instance, do not affect the Building systems or structure, do not require the issuance of a construction permit and/or are not visible from the exterior of the Building, Tenant shall not make or allow to be made any alterations, physical additions or other improvements (including fixtures) in or to the Premises (such alterations, additions and other improvements being herein called "Premises Alterations"), or place safes, vaults, file cabinets or other heavy furniture or equipment within the Premises, without first obtaining Landlord's written approval of Tenant's contractors and the plans and specifications therefor, which approval shall not be unreasonably withheld or delayed. If such approval is given, prior to commencement of construction Tenant shall deliver to Landlord all building permits required for such construction, a certificate of insurance from Tenant's contractors confirming the existence of all insurance reasonably required by Landlord and a copy of the executed construction contract covering such Premises Alterations. Landlord's approval, if given, shall create no responsibility or liability on the part of Landlord for, or warranty by Landlord with respect to, the completeness or design sufficiency or compliance with any Legal Requirements. Upon completion, Tenant shall deliver to Landlord a copy of the "as-built" plans and specifications for all Premises Alterations on a diskette in AutoCAD or compatible format.
(b) Landlord's interest in the Premises shall not be subject to liens for improvements made by Tenant, and Tenant shall have no power, right, or authority to create any lien or permit any lien to attach to the LANDLORD’S prior written approval Premises or to the present estate, reversion, or other estate of TENANT’S proposed plans Landlord in the Premises, the Building, the Land, the Project, and specificationsany other property of Landlord as a result of improvements made by Tenant or for any other cause or reason. All construction shall be performed in a good and skilled manner with adherence to the terms and conditions of this Agreementmaterialmen, contractors, artisans, mechanics, laborers, and all applicable federal, state or local rules, regulations, codes, and Airport Standard Operating Procedures.
b. No construction or development activities shall be allowed on the Premises causing adverse drainage issues such as erosion, blocking the flow of stormwater flow, or introducing stormwater flow across the leasehold of other Airport tenants. No stormwater runoff shall be allowed to leave the Premises except as may be allowed, and in the manner prescribed or approved, in advance by the LANDLORD and subject to the design of a licensed civil engineer.
c. If required by LANDLORD at the completion of an approved alteration, TENANT agrees to furnish or have furnished from the contractor performing such alterations a letter to LANDLORD warranting that:
1) The improvements have been completed in accordance persons contracting with the plans and specifications;
2) The improvements have been completed in a good and skilled manner;
3) No liens have been filed, nor is there any basis for the filing of such liens Tenant with respect to the improvements;Premises or any part thereof ("Potential Lienors") are hereby charged with notice that such liens are expressly prohibited and that such Potential Lienors must look solely to Tenant to secure payment for any work done or material furnished for improvements by Tenant or for any other purpose during the Term of this Lease. Tenant covenants to promptly notify all Potential Lienors of this provision exculpating Landlord and the Premises, the Building, the Land, the Project, and any other property of Landlord from liability for such liens. Tenant shall also advise all Potential Lienors of the provisions of this subsection (b).
4(c) All Leasehold Improvements (hereinafter defined), including without limitation, all Premises Alterations are the property of Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease, whether by lapse of time or otherwise; provided, however, that Tenant shall remove all Trade Fixtures (as hereinafter defined) and any Premises Alterations as designated in writing by Landlord to be removed at the time that Landlord approves the Premises Alterations. Tenant shall repair and restore any damage to the Premises caused by the removal of any items pursuant to this Section 5.2(c) or EXHIBIT D.
(d) As used in this Lease, the term "Leasehold Improvements" means any and all improvements constituting a part and tenant finish existing in the Premises as of the project are located Commencement Date, including the Tenant Work, as defined and described in EXHIBIT D, as well as any and all Premises Alterations added by Tenant after the Commencement Date, but excluding Trade Fixtures. As used in this Lease, the term "Trade Fixtures" means any fixtures, telephone, voice and data cabling, computer systems, furniture, furniture systems or equipment used or installed upon by or at the Premises; and
5) The actual total construction cost request of Tenant which are not permanently affixed to the Premises and the removal of which would not adversely affect the structure of the approved project.
d. Additions Building or alterations must be designed any of its systems, including HVAC, electrical, life safety or plumbing. The term "Tenant Work" does not include the Building Shell or any of the Building Standard Improvements contained therein as described in Exhibit D and constructed in a manner Schedule D-1 attached thereto. Landlord and Tenant acknowledge and agree that Landlord will not weaken or compromise approve plans for any component of Tenant Work that would modify the structural strengthcomponents or elements of the Building Shell to be constructed by Landlord, or reduce that would require Landlord to modify or enhance the value or functionality of integral equipment included within the Premises or existing improvements thereon. Any approvals issued under this Section shall be deemed approvals of the Wichita Airport Authority, as LANDLORD, in its capacity as the property owner and landlord, but shall not be deemed approvals as required for local zoning codes, local building codes, or any other approval or permit required by the Sedgwick County Metropolitan Area Building and Construction Department in a regulatory or governmental capacity. Notwithstanding any other indemnity provision, TENANT shall indemnify and hold the LANDLORD harmless for any liability for regulatory or governmental approvals or the failure to obtain the same. TENANT shall be responsible for obtaining all permits and approvals required for the construction, maintenance, operation and use of all improvements on the Premises. performed by TENANT or its agents, representatives or contractorsStandard Improvements.
Appears in 1 contract
Samples: Lease Agreement (Q2 Holdings, Inc.)
ALTERATIONS TO THE PREMISES. a. TENANT’s constructed facilities and (a) Tenant shall not make or allow to be made any alterations, physical additions or other improvements on (including fixtures) in or to the Premises shall be subject (any such alterations, additions and other improvements made to the LANDLORD’S prior Premises following the Commencement Date being herein called “Premises Alterations”), or place safes, vaults or other heavy furniture or equipment within the Premises, without first obtaining Landlord’s written approval of TENANT’S proposed plans Tenant’s contractors and specifications. All construction shall be performed in a good and skilled manner with adherence to the terms and conditions of this Agreement, and all applicable federal, state or local rules, regulations, codes, and Airport Standard Operating Procedures.
b. No construction or development activities shall be allowed on the Premises causing adverse drainage issues such as erosion, blocking the flow of stormwater flow, or introducing stormwater flow across the leasehold of other Airport tenants. No stormwater runoff shall be allowed to leave the Premises except as may be allowed, and in the manner prescribed or approved, in advance by the LANDLORD and subject to the design of a licensed civil engineer.
c. If required by LANDLORD at the completion of an approved alteration, TENANT agrees to furnish or have furnished from the contractor performing such alterations a letter to LANDLORD warranting that:
1) The improvements have been completed in accordance with the plans and specifications;
2) The improvements have been completed in specifications therefor. If such approval is given, prior to commencement of construction Tenant shall deliver to Landlord all building permits required for such construction and a good and skilled manner;
3) No liens have been filedcopy of the executed construction contract covering such Premises Alterations. Landlord’s approval, nor is there if given, shall create no responsibility or liability on the part of Landlord for, or warranty by Landlord with respect to, the completeness or design sufficiency or compliance with any basis laws, ordinances, orders, rules, regulations or other requirements of governmental authority applicable thereto. Tenant shall pay to Landlord, upon demand, a fee to reasonably compensate Landlord for the filing cost of review and monitoring the construction of such liens with respect Premises Alterations. Tenant shall also deliver to Landlord a copy of the “as-built” plans and specifications for all Premises Alterations on a diskette in AutoCAD or compatible format promptly following completion thereof.
(b) All Leasehold Improvements (other than Tenant’s trade fixtures) shall become the property of Landlord at the end of the term of this Lease and shall be surrendered to Landlord upon termination of this Lease, whether by lapse of time or otherwise; provided, however, that upon Landlord’s written request Tenant shall remove any Leasehold Improvements designated by Landlord and repair and restore any damage to the improvements;
4) All improvements constituting a part of the project are located or installed upon the Premises; and
5) The actual total construction cost of the approved projectPremises caused thereby.
d. Additions or alterations must be designed and constructed in a manner that will not weaken or compromise the structural strength, or reduce the value or functionality of the Premises or existing improvements thereon. Any approvals issued under this Section shall be deemed approvals of the Wichita Airport Authority, as LANDLORD, in its capacity as the property owner and landlord, but shall not be deemed approvals as required for local zoning codes, local building codes, or any other approval or permit required by the Sedgwick County Metropolitan Area Building and Construction Department in a regulatory or governmental capacity. Notwithstanding any other indemnity provision, TENANT (c) Tenant shall indemnify and hold harmless Landlord from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any Premises Alterations, including but not limited to any mechanics’ or materialmen’s liens asserted in connection therewith. Should any mechanics’ or other liens be filed against any portion of the LANDLORD harmless for Building and/or the Land or any liability for regulatory interest therein by reason of Tenant’s acts or governmental approvals omissions or because of a claim against Tenant or its contractors, Tenant shall cause the same to be cancelled or discharged of record by bond or otherwise within ten (10) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said ten (10) day period, which failure to obtain the same. TENANT shall be responsible deemed to be a default hereunder, Landlord may, at its sole option and in addition to any other remedy of Landlord hereunder, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for obtaining all permits and approvals required for the construction, maintenance, operation and use of all improvements on the Premises. performed by TENANT costs incurred in cancelling or its agents, representatives discharging such lien or contractorsliens.
Appears in 1 contract
ALTERATIONS TO THE PREMISES. a. TENANT’s constructed facilities and improvements on 8.1 The Lessee must not make any alterations or additions to the Premises shall without the Lessor’s written consent (which consent must not be subject to unreasonably withheld).
8.2 If the LANDLORD’S prior written approval Lessor gives approval, it may impose conditions including specifying in writing:
(a) which parts of TENANT’S proposed plans the Premises may not be reinstated and specifications. All construction shall which parts must be; and
(b) which items of the Lessee’s property installed as part of the works may not be performed removed, when the Lease terminates.
8.3 The Lessee must ensure that any works it does, are done:
(a) in a good proper and skilled workmanlike manner and at its sole risk;
(b) in accordance with adherence to the terms any plans, specifications and conditions schedule of this Agreement, finishes required and all applicable federal, state or local rules, regulations, codes, and Airport Standard Operating Procedures.
b. No construction or development activities shall be allowed on the Premises causing adverse drainage issues such as erosion, blocking the flow of stormwater flow, or introducing stormwater flow across the leasehold of other Airport tenants. No stormwater runoff shall be allowed to leave the Premises except as may be allowed, and in the manner prescribed or approved, in advance approved by the LANDLORD and subject to the design of a licensed civil engineer.Lessor (who may not unreasonably withhold its approval);
c. If required by LANDLORD at the completion of an approved alteration, TENANT agrees to furnish or have furnished from the contractor performing such alterations a letter to LANDLORD warranting that:
1(c) The improvements have been completed in accordance with the plans laws and specifications;
2) The improvements have been completed in a good and skilled manner;
3) No liens have been filed, nor is there any basis for the filing requirements of such liens with respect to the improvements;
4) All improvements constituting a part of the project are located or installed upon the Premisesauthorities; and
5(d) The actual total construction in accordance with the Lessor’s reasonable requirements and directions.
8.4 If such alterations or additions require consequential changes to the sprinkler system, fire control installations or other services in the Building or the Premises then the Lessee must ensure such changes comply with all requirements of the relevant authorities.
8.5 After completion of such works the Lessee must provide the Lessor with a suitable copy of the as built drawings duly approved where necessary by all relevant authorities.
8.6 Any alterations or additions made by the Lessee under this clause shall be made at the cost of the approved projectLessee who will be responsible for their maintenance and repair. Upon the termination or expiry of this Lease but subject to clause 8.2, the Lessee will upon request by the Lessor remove the same and make good any damage to the Premises occasioned by such removal and reinstate the Premises to the same condition existing at the commencement of the lease (or the earlier lease if this lease is granted pursuant to an option to renew).
d. Additions 8.7 Any such alterations or alterations must be designed additions and constructed in a manner that will not weaken or compromise the structural strength, or reduce the value or functionality of the Premises or existing improvements thereon. Any approvals issued under this Section reinstatement shall be deemed approvals of carried out by suitably qualified contractors approved by the Wichita Airport Authority, as LANDLORD, in its capacity as the property owner and landlord, but Lessor (which approval shall not be deemed approvals as required for local zoning codes, local building codes, unreasonably withheld) and the Lessee hereby indemnifies the Lessor from and against all injury or any other approval damage suffered or permit required incurred by the Sedgwick County Metropolitan Area Building Lessor relating to any such alterations, additions and Construction Department reinstatement.
8.8 Despite clause 8.1, the Lessee may, without the Lessor’s consent, install in a regulatory or governmental capacity. Notwithstanding the Premises any other indemnity provisioncables, TENANT shall indemnify wiring, and hold similar items which are required in the LANDLORD harmless for any liability for regulatory or governmental approvals or reasonable opinion of the failure Lessee to obtain the same. TENANT shall be responsible for obtaining all permits and approvals required for the construction, maintenance, operation and use of all improvements on operate its business from the Premises. performed by TENANT or its agents, representatives or contractors.
Appears in 1 contract
Samples: Lease Agreement (Pharmaxis Ltd.)
ALTERATIONS TO THE PREMISES. a. TENANT(a) Except for Tenant’s constructed facilities and improvements on Work, Tenant shall not make or allow to be made any alterations, physical additions or other Leasehold Improvements (including fixtures, but not Trade Fixtures as defined in Subsection (e) hereof) in or to the Premises (such alterations, additions and other Leasehold Improvements being herein called “Premises Alterations”), or place safes, vaults, file cabinets or other heavy furniture or equipment within the Premises, without first obtaining Landlord’s written approval of Tenant’s contractors and the plans and specifications therefor, which approval shall not be unreasonably conditioned, delayed or withheld. Notwithstanding the foregoing, Tenant, upon prior notice to Landlord and compliance with all other provisions hereof, may make “cosmetic alterations” without being subject to Landlord’s prior approval provided that Tenant shall be subject to the LANDLORD’S prior written approval of TENANT’S proposed plans and specifications. All construction shall be performed in a good and skilled manner with adherence Landlord’s right to the terms and conditions of this Agreement, and all applicable federal, state or local rules, regulations, codes, and Airport Standard Operating Procedures.
b. No construction or development activities shall be allowed on the Premises causing adverse drainage issues such as erosion, blocking the flow of stormwater flow, or introducing stormwater flow across the leasehold of other Airport tenants. No stormwater runoff shall be allowed to leave the Premises except as may be allowed, and in the manner prescribed or approved, in advance by the LANDLORD and subject to the design of a licensed civil engineer.
c. If required by LANDLORD at the completion of an approved alteration, TENANT agrees to furnish or have furnished from the contractor performing require that such alterations a letter to LANDLORD warranting that:
1) The improvements have been completed be removed upon termination or earlier expiration of the Lease in accordance with Section 5.02(c) below. For purposes hereof, “cosmetic alterations” shall be alterations of an aesthetic nature which cost less than $25,000.00 and do not affect the structure of the Building or affect the proper functioning of any of its systems including HVAC, electrical or plumbing. For alterations that require Landlord’s approval, if such approval is given prior to commencement of construction, Tenant shall deliver to Landlord all building permits required for such construction, a certificate of insurance from Tenant’s contractors confirming the existence of all insurance reasonably required by Landlord and a copy of the executed construction contract covering such Premises Alterations. For alterations requiring Landlord’s approval, Landlord’s approval, if given, shall create no responsibility or liability on the part of Landlord for, or warranty by Landlord with respect to, the completeness or design sufficiency or compliance with any laws, ordinances, orders, rules, regulations or other requirements of governmental authority applicable thereto. Tenant shall pay to Landlord within thirty (30) days after invoice Landlord’s actual and reasonable costs, without markup, of plan review and monitoring of the construction of such Premises Alterations. To the extent prepared by Tenant or its architects and/or contractors, Tenant shall deliver to Landlord a copy of the “as-built” plans and specifications;
2) The improvements have been specifications for all Premises Alterations on a diskette in AutoCAD or compatible format. All Premises Alterations shall be completed in a good compliance with the Section 4.04 hereof applicable thereto.
(b) At least five (5) days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises, Tenant shall notify Landlord of the proposed work and skilled manner;
3) No liens have been filed, nor is there any basis the names and addresses of the persons supplying labor and materials for the filing of such liens with respect proposed work (to the improvements;extent then known by Tenant) so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of the Colorado Revised Statutes. During any such work on the Premises, Landlord, or its representatives, shall have the right to go upon and inspect the Premises at all reasonable times, and shall have the right to post and keep posted thereon notices such as those provided for by Section 38-22-105(2) of the Colorado Revised Statutes.
4(c) All improvements constituting a part Premises Alterations and Leasehold Improvements (other than Tenant’s Trade Fixtures) are the property of Landlord and shall be surrendered to Landlord upon termination of this Lease in accordance with Section 5.01 (d), provided, however, that upon Landlord’s written request Tenant shall remove any Premises Alterations and Leasehold Improvements which were not consistent with Schedule 1 to Exhibit D and which were designated by Landlord in writing prior to Landlord’s approval thereof as requiring removal at the end of the project are located or installed upon Lease term. Tenant shall repair and restore any damage to the Premises; and
5) The actual total construction cost of the approved projectPremises caused by such removal.
d. Additions or alterations must be designed and constructed in a manner that will not weaken or compromise the structural strength, or reduce the value or functionality of the Premises or existing improvements thereon. Any approvals issued under this Section shall be deemed approvals of the Wichita Airport Authority, as LANDLORD, in its capacity as the property owner and landlord, but shall not be deemed approvals as required for local zoning codes, local building codes, or any other approval or permit required by the Sedgwick County Metropolitan Area Building and Construction Department in a regulatory or governmental capacity. Notwithstanding any other indemnity provision, TENANT (d) Tenant shall indemnify and hold harmless Landlord from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any Premises Alterations, including but not limited to any mechanics’ or materialmen’s liens asserted in connection therewith. Should any mechanics’ or other liens be filed against any portion of the LANDLORD harmless for Building and/or the Land or any liability for regulatory interest therein by reason of Tenant’s acts or governmental approvals omissions or because of a claim against Tenant or its contractors, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within ten (10) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said ten (10) day period, which failure to obtain the same. TENANT shall be responsible deemed to be a default hereunder, Landlord may, at its sole option and in addition to any other remedy of Landlord hereunder, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for obtaining all permits and approvals required for costs incurred in canceling or discharging such lien or liens. Tenant’s indemnification of Landlord under this paragraph shall survive the construction, maintenance, operation and use expiration or termination of all improvements on the Premises. performed by TENANT or its agents, representatives or contractorsthis Lease.
Appears in 1 contract
ALTERATIONS TO THE PREMISES. a. TENANT’s constructed facilities and improvements on 18.1 The Tenant undertakes to not alter the Premises shall be subject premises building in any manner whatsoever or to affect it in any way, to not make any change or addition to the LANDLORD’S premises in any manner whatsoever, including adding any structure or facility or other permanent addition, to not damage the plumbing and electrical systems and to not install any additional systems or any additional electrical switches in the premises and to not install antennae or any other system – unless the Tenant has obtained the prior written approval consent of TENANT’S proposed plans and specifications. All construction shall the Company.
18.2 The Tenant will not be performed in a good and skilled manner with adherence entitled to make any changes to the terms and conditions premises without the prior written consent of this Agreement, and all applicable federal, state or local rules, regulations, codes, and Airport Standard Operating Procedures.
b. No construction or development activities shall the Company. The authorized changes will be allowed on the Premises causing adverse drainage issues such as erosion, blocking the flow of stormwater flow, or introducing stormwater flow across the leasehold of other Airport tenants. No stormwater runoff shall be allowed to leave the Premises except as may be allowed, and in the manner prescribed or approved, in advance carried out by a duly qualified contractor selected by the LANDLORD Tenant and subject to approval by the design Company. The Tenant will submit plans to the Company for the approval of the alterations and the plan will include: Building division plans, electrical plans including fire detection connected to the general system at the Industrial Park, air conditioning and plumbing plans. It is hereby clarified that for purposes of carrying out the alterations requested by the Tenant, the Tenant will also be permitted to increase the floor space of the premises by means of use of the building percentages (hereinafter: “The Additional Area”), without having to be obligated to pay anything to the Company and subject to all the permits and licenses required to this end by the law. The type of method of increase of floor space is the construction of a licensed civil engineer.
c. If required by LANDLORD at gallery, the completion creation of an approved alterationadditional level by dividing the ground floor into two floors, TENANT agrees to furnish or have furnished from under the contractor performing such alterations a letter to LANDLORD warranting thatfollowing conditions:
1) The improvements have been completed in accordance with . Obtain all the plans and specifications;authorizations required from the Authorities.
2) The improvements have been completed . Bear all the payments of fees and levies / taxes demanded by any organization including the Israel Land Authority.
18.3 Despite the above stated, it is hereby agreed that the Company will be entitled to not approve the requested alterations only in a good the case that the alterations are liable to impact upon the mantle of the premises and skilled manner;/ or the infrastructure contained therein.
3) No liens have been filed, nor is there any basis for the filing of such liens with respect 18.4 Any alteration made to the improvements;
4) All improvements constituting a part premises after obtaining the approval of the project are located Company and / or equipment that will be installed will be owned by the Tenant and will be dismantled by the Tenant upon the Premises; and
5) The actual total construction cost termination of the approved projectrental period and the handing back of the premises to the Company. The premises will be handed back to the Company in the state in which such was handed over to the tenant and including all the systems detailed in Appendix 8.
d. Additions 18.5 The Company will be entitled to remove or alterations must be designed and constructed in a manner that will not weaken demolish any alteration or compromise the structural strength, or reduce the value or functionality of the Premises or existing improvements thereon. Any approvals issued under this Section shall be deemed approvals of the Wichita Airport Authority, as LANDLORD, in its capacity as the property owner and landlord, but shall not be deemed approvals as required for local zoning codes, local building codes, or any other approval or permit required addition made by the Sedgwick County Metropolitan Area Building Tenant without the Company’s consent, and Construction Department to reinstate the premises to their former state, and the Tenant will bear all the costs incurred by the Company in a regulatory or governmental capacity. Notwithstanding any other indemnity provision, TENANT shall indemnify and hold the LANDLORD harmless for any liability for regulatory or governmental approvals or the failure to obtain the same. TENANT shall be responsible for obtaining all permits and approvals required for the construction, maintenance, operation and use of all improvements on the Premises. performed by TENANT or its agents, representatives or contractorsthis respect.
Appears in 1 contract
ALTERATIONS TO THE PREMISES. a. TENANT’s constructed TENANT may construct facilities and improvements on the Premises shall be subject to the LANDLORD’S prior written approval of TENANT’S proposed plans and specifications. All construction shall be performed in a good and skilled manner with adherence to the terms and conditions of this Agreement, and all applicable federal, state or local rules, regulations, codes, and Airport Standard Operating Procedures.
b. No construction construction, development or development subsequent activities shall be allowed on the Premises causing adverse drainage issues such as erosion, blocking the flow of stormwater flow, or introducing stormwater flow across the leasehold of other Airport tenants. No stormwater runoff shall be allowed to leave the Premises except as may be allowed, and in the manner prescribed or approved, in advance by the LANDLORD and subject to the design of a licensed civil engineer.
c. If required by LANDLORD at the completion of an approved alterationLANDLORD, TENANT agrees to furnish or have furnished from the contractor performing such alterations a letter to LANDLORD warranting that:
1) The improvements have been completed in accordance with the plans and specifications;
2) The improvements have been completed in a good and skilled manner;
3) No liens have been filed, nor is there any basis for the filing of such liens with respect to the improvements;
4) All improvements constituting a part of the project are located or installed upon the Premises; and
5) The actual total construction cost of the approved project.
d. Additions or alterations must be designed and constructed in a manner that will not weaken or compromise the structural strength, or reduce the value or functionality of the Premises or existing improvements thereon. Any approvals issued under this Section shall be deemed approvals of the Wichita Airport Authority, as LANDLORD, in its capacity as the property owner and landlord, but shall not be deemed approvals as required for local zoning codes, local building codes, or any other approval or permit required by the Sedgwick County Metropolitan Area Building and Construction Department in a regulatory or governmental capacity. Notwithstanding any other indemnity provision, TENANT shall indemnify and hold the LANDLORD harmless for any liability for regulatory or governmental approvals or the failure to obtain the same. TENANT shall be responsible for obtaining all permits and approvals required for the construction, maintenance, operation and use of all improvements on the Premises. performed by TENANT or its agents, representatives or contractors.
Appears in 1 contract
Samples: Office Building Lease Agreement
ALTERATIONS TO THE PREMISES. a. TENANTConsent to Alterations
5.1 The Tenant shall make no alterations to the Premises without first engaging in the Landlord’s constructed facilities and improvements on formalized review of the Tenant’s renovation or development project regarding the Premises. It shall not be unreasonable for the Landlord to withhold its consent for any alteration where the Landlord, in its sole discretion, considers the alteration to be incompatible with the presence of the Asbestos. All alterations to the Premises shall be subject made at the Tenant's expense and shall be made to the LANDLORD’S prior written approval satisfaction of TENANT’S proposed plans the Landlord and specifications. All construction shall be performed in a good and skilled manner with adherence to the terms and conditions of this Agreement, and all applicable federal, state or local rules, regulations, codes, and Airport Standard Operating Procedures.
b. No construction or development activities shall be allowed on the Premises causing adverse drainage issues such as erosion, blocking the flow of stormwater flow, or introducing stormwater flow across the leasehold of other Airport tenants. No stormwater runoff shall be allowed to leave the Premises except as may be allowed, and in the manner prescribed or approved, in advance by the LANDLORD and subject to the design of a licensed civil engineer.
c. If required by LANDLORD at the completion of an approved alteration, TENANT agrees to furnish or have furnished from the contractor performing such alterations a letter to LANDLORD warranting that:
1) The improvements have been completed in accordance with The Orange Hub Tenant Improvement Guidelines. The Landlord may amend or replace The Orange Hub Tenant Improvement Guidelines from time to time at the plans and specifications;Landlord’s sole discretion.
2) 5.2 The improvements have been completed in a good and skilled manner;
3) No liens have been filedLandlord shall be at liberty at any time during the Term, nor is there to maintain, remodel, repair, alter, remove or improve the whole or any basis for the filing of such liens with respect to the improvements;
4) All improvements constituting a part of the project are located Building, the Land, any other structure or installed improvement on the Land, or the equipment in the Building, and for such purpose to:
5.2.1 enter into, pass through, work upon and attach scaffolds or other temporary structures to the Premises;
5.2.2 alter, temporarily close or relocate access to the Premises through the Land or the Building;
5.2.3 remove (temporarily or permanently in the Landlord’s sole discretion), relocate (including, without limitation, to locations outside the Land) or replace parking areas and structures; and
5) The actual total construction cost but shall make all reasonably commercial efforts not to materially interfere with the Tenant in its use and occupancy of the approved project.
d. Additions or alterations must be designed and constructed in a manner that will not weaken or compromise the structural strength, or reduce the value or functionality of the Premises or existing improvements thereonPremises. Any approvals issued under this Section shall be deemed approvals of the Wichita Airport Authority, as LANDLORD, in its capacity as the property owner and landlord, but The Tenant shall not be deemed approvals as required for local zoning codes, local building codesentitled to an abatement of rent, or any other approval or permit required by compensation, for any of the Sedgwick County Metropolitan Area foregoing.
5.3 The Tenant confirms that the City has advised that it is contemplating major capital repairs and replacements to the Building and Construction Department the Premises during the Term that may interfere with building services, including parking areas and structures and the major components of the Building and Premises set out in a regulatory Section 2.4. In the event that the City proceeds with such major capital repairs or governmental capacity. Notwithstanding any other indemnity provisionreplacements and it is anticipated that such repairs or replacements will substantially interfere with the Tenant’s use and quiet enjoyment of the Premises, TENANT shall indemnify and hold the LANDLORD harmless for any liability for regulatory or governmental approvals City or the failure Tenant may terminate this Lease by providing six (6) months’ notice to obtain the sameother party. TENANT The Tenant shall not be responsible for obtaining all permits and approvals required for entitled to compensation as a result of the construction, maintenance, operation and use termination of all improvements on the Premises. performed this Lease by TENANT or its agents, representatives or contractorseither party in accordance with this Section.
Appears in 1 contract
Samples: Lease Agreement
ALTERATIONS TO THE PREMISES. a. TENANT’s constructed facilities Subtenant may make, or may permit to be made, alterations or improvements to the Subleased Premises only in accordance with Section 6 of the Lease and improvements on with the Premises prior written consent of Master Landlord and Sublandlord, which consent shall not be unreasonably withheld, delayed or conditioned for non-mechanical, non-structural work, subject to the LANDLORD’S provisions below. If Sublandlord allows Subteriant to make any such alterations or improvements, Subtenant shall secure all necessary permits and shall make the alterations and improvements in accordance with all applicable laws and building codes, in a good and workmanlike manner and quality substantially equal to or better than the original construction of the Subleased Premises. All alterations, additions or improvements shall be installed at Subtenant’s sole expense in AUS-6315860-5 6050961/91 compliance with all applicable laws and by a licensed contractor approved in writing by Sublandlord. Any such alterations, improvements or utility installations that Subtenant shall desire to make shall be presented to Sublandlord in written form with proposed detailed plans. If Sublandlord shall give its consent, such consent shall be conditioned upon (i) Subtenant’s acquiring all required permits from governmental agencies, (ii) Subtenant furnishing of a copy thereof to Sublandlord prior to the commencement of the work, and (iii) the compliance by Subtenant of all conditions of said permit(s) in a prompt and expeditious manner. Subtenant shall promptly pay all costs attributable to such alterations and improvements. Subtenant shall promptly repair any damage to the Subleased Premises caused by any such alterations or improvements. Any alterations or improvements to the Subleased Premises paid for by Subtenant, except movable office furniture and equipment and trade fixtures, shall become a part of the realty and the property of Master Landlord, and shall not be removed by Subtenant except upon the prior written approval of TENANT’S proposed plans Master Landlord and specifications. All construction shall be performed in a good and skilled manner with adherence to the terms and conditions of this Agreement, and all applicable federal, state or local rules, regulations, codes, and Airport Standard Operating ProceduresSublandlord.
b. No construction or development activities shall be allowed on the Premises causing adverse drainage issues such as erosion, blocking the flow of stormwater flow, or introducing stormwater flow across the leasehold of other Airport tenants. No stormwater runoff shall be allowed to leave the Premises except as may be allowed, and in the manner prescribed or approved, in advance by the LANDLORD and subject to the design of a licensed civil engineer.
c. If required by LANDLORD at the completion of an approved alteration, TENANT agrees to furnish or have furnished from the contractor performing such alterations a letter to LANDLORD warranting that:
1) The improvements have been completed in accordance with the plans and specifications;
2) The improvements have been completed in a good and skilled manner;
3) No liens have been filed, nor is there any basis for the filing of such liens with respect to the improvements;
4) All improvements constituting a part of the project are located or installed upon the Premises; and
5) The actual total construction cost of the approved project.
d. Additions or alterations must be designed and constructed in a manner that will not weaken or compromise the structural strength, or reduce the value or functionality of the Premises or existing improvements thereon. Any approvals issued under this Section shall be deemed approvals of the Wichita Airport Authority, as LANDLORD, in its capacity as the property owner and landlord, but shall not be deemed approvals as required for local zoning codes, local building codes, or any other approval or permit required by the Sedgwick County Metropolitan Area Building and Construction Department in a regulatory or governmental capacity. Notwithstanding any other indemnity provision, TENANT shall indemnify and hold the LANDLORD harmless for any liability for regulatory or governmental approvals or the failure to obtain the same. TENANT shall be responsible for obtaining all permits and approvals required for the construction, maintenance, operation and use of all improvements on the Premises. performed by TENANT or its agents, representatives or contractors.
Appears in 1 contract