Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question. 6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand. 6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 3 contracts
Samples: Lease Agreement (Schrodinger, Inc.), Lease Agreement (LogMeIn, Inc.), Memorandum of Understanding (Cygne Designs Inc)
Alterations. 6.1 Except (a) Tenant shall not make any alterations, repairs, additions or improvements or install any cable (collectively, “Alterations”) without first obtaining the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. Notwithstanding the generality of the foregoing, Landlord shall be entitled to withhold its consent to proposed Alterations if, in Landlord’s good faith judgment, any one or more of the following situations exist: (i) the proposed Alterations will adversely affect the exterior appearance of the Building; (ii) the proposed Alterations may impair the structural strength of the Building, adversely affect any Building Systems, or adversely affect the value of the Building; (iii) the proposed Alterations would trigger the necessity under Applicable Requirements or otherwise for thosework to be performed outside the Premises; or (iv) the proposed Alterations are not consistent with, or would detract from, the character or image of the Building. At least thirty (30) days before the commencement of Alterations, Tenant shall submit to Landlord plans, specifications, and product samples of the proposed Alterations for Landlord’s review. Landlord’s sole interest in reviewing and approving such documents is to protect Landlord’s interests, and no such review or approval by Landlord shall be deemed to create any liability of any kind on the part of Landlord, or constitute a representation on the part of Landlord or any person consulted by Landlord in connection with such review and approval that such plans or other documents are correct or accurate, or are in compliance with any Applicable Requirements. Tenant shall pay the reasonable out-of-pocket costs incurred by Landlord in reviewing Tenant’s plans, specifications and product samples, if any, specifically provided for within ten (10) days after receipt of an invoice therefore and reasonable supporting documentation.
(b) Landlord or its affiliate shall have the right to perform Alterations on behalf of Tenant. If Landlord does not elect to perform the Alterations, the contractor and all subcontractors and suppliers used by Tenant must be approved in Exhibit B writing by Landlord, which approval shall not be unreasonably withheld; provided, however, that Landlord reserves the right to this Leaserequire any work to be performed on the Building Systems (whether such Building Systems are located within or outside the Premises) to be performed by subcontractors specified by Landlord. Tenant shall not either directly or indirectly, use any non-union labor.
(c) All Alterations by Tenant’s contractor shall be diligently completed in a good and workmanlike manner and in compliance with all Applicable Requirements and any Building construction rules and regulations then in effect. Tenant and Tenant’s contractor, subcontractors and suppliers shall maintain such insurance as may be reasonably required by Landlord, and Tenant shall provide Landlord with evidence of such insurance prior to any such party’s entry into the Building. If Tenant or any person who is in or about the Building with the consent of Tenant shall cause any damage to the Building or the Common Areas, Tenant shall not make or suffer reimburse Landlord for the cost of repairs. Promptly after completion of the Alterations, Tenant shall deliver to be made any alterationsLandlord “as built” drawings in CAD format showing the Alterations. On the first day of the month following substantial completion of the Alterations, additionsTenant shall pay Landlord a fee of ten percent (10%) of the cost of the Alterations to compensate Landlord for its review and coordination of the Alterations, or improvementsunless Landlord provides the Alterations under written contract with Tenant.
(d) Unless otherwise provided by written agreement, all Alterations (including, but not limited to, sink units, wall-to-wall carpets, and signs) shall become the attachment property of any fixtures or equipment inLandlord at the end of the Term, onand shall remain upon and be surrendered with the Premises, or to the Premises or any part thereof or the making of any improvements as required by Article 7excepting however, without the prior written consent of that at Landlord. When applying for such consent’s election, Tenant shall, if requested by Landlordat Tenant’s expense, furnish complete plans remove any or all Alterations and specifications for restore the Premises to the condition prior to such alterations, additions Alteration (reasonable wear and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (itear excepted) are not structural in nature, (ii) are not visible from before the exterior last day of the BuildingTerm, (iii) do not affect provided that Landlord shall have included with its approval of such Alterations the statement that Landlord is reserving its right to require that any or require modification all of such Alterations be so removed and the Building’s electricalPremises so restored. If Tenant fails to so remove the Alterations or restore the Premises within the time limits provided above, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion Tenant shall pay Rent to Landlord as provided by Section 19.2 hereof as if Tenant had held possession of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in until Tenant so removes the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements Alterations and restoring restores the Premises, to the extent required under Section 26.2.
Appears in 3 contracts
Samples: Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any no alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or improvements to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord, which consent may be given or withheld in Landlord's sole discretion. When applying for such consentNotwithstanding the foregoing, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such Landlord shall not unreasonably withhold its consent to any alterations, additions or improvements to the Premises which cost less than One Dollar ($1.00) per square foot of the improved portions of the Premises (excluding warehouse square footage) and improvements. Landlord’s consent shall do not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from affect the exterior of the Building or outside areas (or be visible from adjoining sites), or (ii) affect or penetrate any of the structural portions of the Building, including but not limited to the roof, or (iii) do not affect or require modification any change to the basic floor plan of the Building’s electricalPremises, mechanicalany change to any structural or mechanical systems of the Premises, plumbingor any governmental permit as a prerequisite to the construction thereof, HVAC or other systems, and (iv) interfere in aggregate do not cost more than $5.00 per rentable square foot any manner with the proper functioning of that portion or Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises affected Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by the alterations in question.
6.2 In the event a lien and completion bond satisfactory to Landlord consents and requirements as to the making manner, time, and contractor for performance of any such alterationthe work. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, addition or improvement by Tenantregulations and ordinances, all covenants, conditions and restrictions affecting the same Project, and the Rules and Regulations (hereafter defined). Tenant understands and agrees that Landlord shall be made by using either Landlord’s contractor or entitled to a contractor reasonably approved by Landlord, supervision fee in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor the amount of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work the work. If any governmental entity requires, as a condition to cover its overhead as it relates to such any proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed to the Premises by Tenant shall Tenant, that improvements be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicablemade to the Common Areas, and if Landlord consents to such improvements to the Common Areas, then Tenant shall, prior at Tenant's sole expense, make such required improvements to construction, provide the additional insurance required under Article 11 Common Areas in such casemanner, utilizing such materials, and also all with such assurances to Landlord contractors (including, if required by Landlord, Landlord's contractors) as Landlord may require in its sole discretion. Under no circumstances shall reasonably require to assure payment of the costs thereofTenant make any improvement which incorporates any Hazardous Materials, including but not limited towithout limitation asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, notices all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and shall be surrendered with the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during Premises at the end of the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. except that Landlord may, as a condition by notice to its consent to any particular alterations or improvementsTenant, require Tenant to deposit with Landlord remove by the amount reasonably estimated Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord as sufficient at Tenant's request and to cover the cost of removing such alterations or improvements and restoring the Premises, repair any damage to the extent required under Section 26.2Premises arising from that removal. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises for Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.
Appears in 3 contracts
Samples: Industrial Lease (Ambassadors International Inc), Industrial Lease (Immersion Corp), Industrial Lease (Jni Corp)
Alterations. 6.1 Except for thoseLandlord hereby consents to certain Tenant Improvements, if any, specifically provided for in on the terms and subject to the conditions of Exhibit B to this Lease, C. Tenant shall not make or suffer permit any Alterations in, on or about the Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be made unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any alterationssuch consent, additionsthat Tenant provide to Landlord, or improvementsat Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the attachment of any fixtures or equipment inRules and Regulations and the CC&R’s, on, or to by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises or any part thereof or existing as of the making Commencement Date, and shall not diminish the value of any improvements as required the Project. All Alterations made by Article 7, without Tenant shall be and become the prior written consent property of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans Landlord upon installation and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at deemed Tenant’s sole cost and expensePersonal Property. If Tenant shall employ Notwithstanding any contractor other than Landlord’s contractor and such other contractor or any subcontractor provisions of such other contractor shall employ any non-union labor or supplierthis Lease, Tenant shall be solely responsible for the maintenance and hold Landlord harmless from repair of any and all delays, damages Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and extra costs suffered by Landlord as a result record an appropriate Notice of any dispute with any labor unions concerning Non-responsibility or other notice deemed proper before the wage, hours, terms or conditions of the employment commencement of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demandAlterations.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 3 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Geron Corp), Office Lease Agreement (Geron Corp)
Alterations. 6.1 Except Tenant shall not install any signs, fixtures, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for those, if any, specifically provided for in Exhibit B to this LeaseAlterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall not make deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or suffer other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be made any alterationsat Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, additionsand shall be installed by a licensed, or improvementsinsured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the attachment ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans Alterations must be done in a good and specifications for such alterations, additions and improvementsworkmanlike manner. Landlord’s consent approval of any plans, specifications or working drawings for Tenant’s Alterations shall not be unreasonably withheld create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to alterations which (i) are not structural the Tenant Improvements set forth in natureExhibit F attached hereto, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplieras Additional Rent hereunder, Tenant shall be responsible reimburse Landlord, within ten (10) days after demand, for actual and hold Landlord harmless from any reasonable legal, engineering, architectural, planning and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the proposed work total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and the design thereofsuch other insurance as Landlord may require, with it being understood and agreed that all of such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed Alterations shall be insured by Tenant shall be constructed in accordance with all government lawsthe terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work performed, ordinances, rules and regulations, using Building standard materials where applicable, and furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to constructionconstruction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide the additional insurance as reasonably required under Article 11 in such caseby Landlord, and also all Tenant shall provide such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereofLandlord, including but not limited to, notices of non-responsibilitywithout limitation, waivers of lien, surety company performance bonds and funded construction escrows and as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Building Industrial Center from and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 3 contracts
Samples: Lease (Pacific Biosciences of California Inc), Lease (Pacific Biosciences of California Inc), Lease (Pacific Biosciences of California Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any All alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or changes to the Leased Premises or any part thereof or the making of any improvements as required by Article 7, without the that Lessee desires to make shall require Lessor's prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete after submission to Lessor of plans and specifications for such showing the alterations, additions or changes Lessee desires to make and improvements. Landlord’s any other information reasonably requested by Lessor, which consent shall not be unreasonably withheld with respect to alterations which withheld, delayed or conditioned; provided, however, that Lessor's consent shall not be required for painting or installing removable decorative items (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor wall coverings and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such laborfloor coverings). In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed changes shall: be made by Tenant bondable (unless otherwise approved by Lessor) workers and contractors approved in advance in writing by Lessor, which approval shall not be constructed unreasonably withheld, delayed or conditioned (provided, however, that with respect to alterations, additions or changes costing less than $50,000 in the aggregate being performed at any one time, such workers and contractors need not be bondable, but they shall still be subject to Lessor's approval as previously provided); be performed in accordance with all government lawsthe plans and specifications previously delivered to (and where required by this Lease, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior as approved by) Lessor; be done in a manner so as to construction, provide create the additional insurance required under Article 11 in such case, and also all such assurances least possible disruption or inconvenience to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows Lessor and to protect Landlord and other lessees in the Building and appurtenant land other workers and contractors performing work in the Building; and shall be done in a good and workmanlike manner employing new construction materials at least equal in quality to those of the existing Building, and in compliance with all Legal Requirements, Insurance Requirements, "Rules and Regulations" (as hereinafter defined), and the plans and specifications submitted to (and, where required, approved by) the Lessor. Before commencing work, Lessee shall: secure all necessary licenses, permits and approvals required by applicable Legal Requirements, and furnish copies thereof to Lessor; at Lessor's request, provide (or cause its contractor to provide) such bonds or other assurances satisfactory to Lessor protecting Lessor against claims arising out of the furnishing of labor and materials for the work; and carry or cause each contractor to carry insurance with such coverages and in such amounts as Lessor may reasonably require (all such insurance to be written in companies approved by Lessor and Lessee shall deliver to Lessor certificates of all such insurance prior to the commencement of such work). Within two (2) weeks after completion of any alterations, additions or changes involving Building systems, hardwall partitions, or structural changes, Lessee shall submit as-built drawings or sketches of the completed work to Lessor. Lessee shall indemnify, defend and hold harmless Lessor and its officers, directors, servants, agents, employees, contractors and invitees from and against any loss and all liability, damage, penalties or judgments and from and against any claims, actions, proceedings and expenses and costs in connection therewith, including reasonable attorneys' fees, resulting from any mechanic’salterations, materialmen’s additions or other liensimprovements undertaken by or on behalf of Lessee, which obligations shall survive the expiration or termination of this Lease with respect to work performed by or on behalf of Lessee prior to such expiration or termination. Tenant shall pay In the course of any work being performed by or on behalf of Lessee, Lessee agrees to use labor compatible with that being employed by Lessor for work in addition the Building or on the Property, and not to employ or permit the use of any sums due labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building or on the Property pursuant to Article 4arrangements made by Lessor. Lessee shall not, without the specific written consent of Lessor and Lessee's written agreement to pay additional costs resulting therefrom, install any apparatus or device within the Leased Premises, including electronic data processing machines, punch card machines or any other machines, that would (i) weigh in excess of the machines normally used in comparable buildings in Nashua, New Hampshire; or (ii) use electrical power in excess of that available to the Leased Premises through the Building's existing electrical system; or (iii) in any way increase in real estate taxes attributable to any such alterationthe amount of electrical power, addition water, gas heating or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid air conditioning used by Lessee in the same way as sums due under Article 4. Landlord may, as a condition Leased Premises to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord an amount in excess of the amount reasonably estimated usually furnished at such time for use by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premiseslessees in general office space in other similar buildings in Nashua, to the extent required under Section 26.2New Hampshire.
Appears in 3 contracts
Samples: Lease Agreement (Skillsoft Public Limited Co), Lease Agreement (Skillsoft Public Limited Co), Lease Agreement (Skillsoft Public Limited Co)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this LeaseAfter the Commencement Date, Tenant shall not make or suffer to be made permit any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment Alterations in, onon or about the Premises, or to the Premises or except for nonstructural Alterations not exceeding Twenty-Five Thousand and no/100ths Dollars ($25,000.00) in cost during any part thereof or the making of any improvements as required by Article 7twelve (12) month period, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s which consent shall not be unreasonably withheld with respect withheld, and according to alterations which plans and specifications reasonably approved in writing by Landlord. Notwithstanding the foregoing, Tenant shall not, without the prior written consent of Landlord, make any (i) are not structural in nature, (ii) are not visible from alterations to the exterior of the Building, ; (ii) alterations to and penetrations of the roof of the Building; or (iii) do not affect or require modification alterations visible from outside the Building to which Landlord may withhold Landlord's consent on wholly aesthetic grounds. All Alterations shall be installed at Tenant's sole expense, in compliance with all applicable laws and permit requirements by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Building’s electrical, mechanical, plumbing, HVAC or other systemsCommencement Date, and (iv) in aggregate do shall not cost more than $5.00 per rentable square foot diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property; provided, however, that portion Landlord may, at its option, require that Tenant, at Tenant's expense, remove any or all Alterations installed by Tenant and return the Premises to their condition as of the Premises affected by the alterations in question.
6.2 In the event Landlord consents Commencement Date of this Lease, normal wear and tear excepted and subject to the making provisions of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expenseParagraph 23. If Tenant removes any Alterations as required or permitted herein, Tenant shall employ repair any contractor and all damage to the Premises caused by such removal and return the Premises to their condition as of the Commencement Date, normal wear and tear excepted and subject to the provisions of Paragraph 22. Notwithstanding any other than Landlord’s contractor and such other contractor or any subcontractor provision of such other contractor shall employ any non-union labor or supplierthis Lease, Tenant shall be solely responsible for the maintenance and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result repair of any dispute with any labor unions concerning Alterations made by it to the wage, hours, terms or conditions Premises. The provisions of this Paragraph 12 shall not apply to the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant Improvements which shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide governed by the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid provisions set forth in the same way Work Letter Agreement attached as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.EXHIBIT D.
Appears in 3 contracts
Samples: Standard Single Tenant Lease Triple Net (Media Arts Group Inc), Standard Single Tenant Lease Triple Net (Media Arts Group Inc), Standard Single Tenant Lease Triple Net (Media Arts Group Inc)
Alterations. 6.1 Except Tenant shall have the right from time to time after the completion of the Building(s) and at its sole cost and expense to make additions, alterations and changes, structural or otherwise (any addition, alteration or change involving an estimated cost up to but not exceeding $750,000, reasonably adjusted for thoseinflation every 5 Years in the same manner as the Base Rent is adjusted pursuant to Section 4.1 hereof, if anybeing called an “Alteration” and any addition, specifically alteration, or change involving an estimated cost of more than $750,000 being hereinafter called a “Substantial Alteration”) in or to the Premises, provided no Event of Default shall be continuing, subject, however, in all cases to the following:
(a) No Substantial Alteration shall be commenced except after twenty (20) days prior written notice to Landlord.
(b) No Alteration or Substantial Alteration 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 from all municipal departments and governmental sub-divisions having jurisdiction. Landlord shall join, but without expense to Landlord, in the application for such permits or authorizations whenever such action is necessary.
(c) Any Substantial Alteration (other than alterations affecting the plumbing, heating, electrical and other Building utilities) shall be conducted under the supervision of an architect or engineer selected by Tenant, and no such Substantial Alteration shall be made, except in Exhibit B accordance with detailed plans and specifications and cost estimates prepared and approved in writing by such architect or engineer and reasonably approved in writing by Landlord, such approval not to this Leasebe unreasonably withheld, conditioned or delayed. In addition to the items mentioned in the preceding sentence, Tenant shall not make or suffer also provide to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or Landlord evidence reasonably satisfactory to Landlord as to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for funds available to Tenant to complete such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in questionSubstantial Alteration.
6.2 In the event Landlord consents to the making of any such alteration, addition (d) Any Alterations or improvement by Tenant, the same Substantial Alterations shall be made by using either Landlord’s contractor or with reasonable dispatch (Unavoidable Delays excepted) and in a contractor reasonably approved by Landlord, good and workmanlike manner and in either event at Tenant’s sole cost compliance in all material respects with all applicable permits and expense. If Tenant shall employ any contractor authorizations and buildings and zoning laws and with all other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result Legal Requirements of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demandGovernmental Authority.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 3 contracts
Samples: Share Purchase Agreement (AmeriCann, Inc.), Share Purchase Agreement (AmeriCann, Inc.), Share Purchase Agreement (AmeriCann, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, 17.1. Tenant shall not make or suffer to be made any no alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, improvements in or to the Premises or engage in any part thereof construction, demolition, reconstruction, renovation or other work (whether major or minor) of any kind in, at or serving the Premises (“Alterations”) without Landlord’s prior written approval, which approval Landlord shall not unreasonably withhold; provided, however, that, in the event any proposed Alteration affects (a) any structural portions of the Building, including exterior walls, the roof, the foundation, foundation systems (including barriers and subslab systems) or the making core of the Building, (b) the exterior of the Building or (c) any improvements as required by Article 7Building systems, without the prior written consent of Landlordincluding elevator, plumbing, HVAC, electrical, security, life safety and power, then Landlord may withhold its approval in its sole and absolute discretion. When applying for such consent, Tenant shall, if requested by in making any Alterations, use only those architects, contractors, suppliers and mechanics of which Landlord has given prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. In seeking Landlord’s approval, Tenant shall provide Landlord, furnish at least fourteen (14) days in advance of any proposed construction, with plans, specifications, bid proposals, certified stamped engineering drawings and calculations by Tenant’s engineer of record or architect of record (including connections to the Building’s structural system, modifications to the Building’s envelope, non-structural penetrations in slabs or walls, and modifications or tie-ins to life safety systems), work contracts, requests for laydown areas and such other information concerning the nature and cost of the Alterations as Landlord may reasonably request. In no event shall Tenant use or Landlord be required to approve any architects, consultants, contractors, subcontractors or material suppliers that Landlord reasonably believes could cause labor disharmony. Notwithstanding the foregoing, Tenant may make strictly cosmetic changes to the Premises (“Cosmetic Alterations”) without Landlord’s consent; provided that (y) the cost of any Cosmetic Alterations does not exceed Twenty-Five Thousand Dollars ($25,000) in any one instance or Fifty Thousand Dollars ($50,000) annually, (z) such Cosmetic Alterations do not (i) require any structural or other substantial modifications to the Premises, (ii) require any changes to or adversely affect the Building systems, (iii) affect the exterior of the Building or (iv) trigger any requirement under Applicable Laws that would require Landlord to make any alteration or improvement to the Premises, the Building or the Project. Tenant shall give Landlord at least ten (10) days’ prior written notice of any Cosmetic Alterations.
17.2. Tenant shall not construct or permit to be constructed partitions or other obstructions that might interfere with free access to mechanical installation or service facilities of the Building or with other tenants’ components located within the Building, or interfere with the moving of Landlord’s equipment to or from the enclosures containing such installations or facilities.
17.3. Tenant shall accomplish any work performed on the Premises or the Building in such a manner as to permit any life safety systems to remain fully operable at all times.
17.4. Any work performed on the Premises, the Building or the Project by Tenant or Tenant’s contractors shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by Tenant or Tenant’s contractors shall be performed in full compliance with Applicable Laws. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with complete “as built” drawing print sets and electronic CADD files on disc (or files in such other current format in common use as Landlord reasonably approves or requires) showing any changes in the Premises, as well as a commissioning report prepared by a licensed, qualified commissioning agent hired by Tenant and approved by Landlord for all new or affected mechanical, electrical and plumbing systems. Any such “as built” plans shall show the applicable Alterations as an overlay on the Building as built plans; provided that Landlord provides the Building “as built” plans to Tenant.
17.5. Before commencing any Alterations, Tenant shall give Landlord at least fourteen (14) days’ prior written notice of the proposed commencement of such work and specifications shall, if such Alterations exceed the amount of One Hundred Thousand Dollars ($100,000), secure, at Tenant’s own cost and expense, a completion and lien indemnity bond satisfactory to Landlord for such alterationswork.
17.6. Tenant shall repair any damage to the Premises caused by Tenant’s removal of any property from the Premises. During any such restoration period, Tenant shall pay Rent to Landlord as provided herein as if such space were otherwise occupied by Tenant. The provisions of this Section shall survive the expiration or earlier termination of this Lease.
17.7. The Premises plus any Alterations, Signage, Tenant Improvements, attached equipment, decorations, fixtures, movable laboratory casework and related appliances, trade fixtures, and additions and improvementsimprovements attached to or built into the Premises made by either of the parties (including all floor and wall coverings; paneling; sinks and related plumbing fixtures; laboratory benches; exterior venting fume hoods; walk-in freezers and refrigerators; ductwork; conduits; electrical panels and circuits; attached business and trade fixtures; attached machinery and equipment; and built-in furniture and cabinets, in each case, together with all additions and accessories thereto), shall (unless, prior to such construction or installation, Landlord elects otherwise in writing) at all times remain the property of Landlord, shall remain in the Premises and shall (unless, prior to construction or installation thereof, Landlord elects otherwise in writing) be surrendered to Landlord upon the expiration or earlier termination of this Lease. For the avoidance of doubt, the items listed on Exhibit H attached hereto (which Exhibit H may be updated by Tenant from and after the Term Commencement Date, subject to Landlord’s written consent provided that such consent shall not be unreasonably withheld withheld, conditioned or delayed with respect to alterations which (iitems purchased and brought onto the Premises by Tenant after the Term Commencement Date) are not structural constitute Tenant’s property and shall be removed by Tenant upon the expiration or earlier termination of the Lease.
17.8. Notwithstanding any other provision of this Article to the contrary, in nature, (ii) are not visible no event shall Tenant remove any improvement from the exterior of Premises as to which Landlord contributed payment, including the BuildingTenant Improvements, (iii) do not affect or require modification of the Buildingwithout Landlord’s electricalprior written consent, mechanical, plumbing, HVAC or other systems, which consent Landlord may withhold in its sole and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in questionabsolute discretion.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense17.9. If Tenant shall employ fail to remove any contractor other than of its property from the Premises prior to the expiration or earlier termination of this Lease, then Landlord may, at its option, remove the same in any manner that Landlord shall choose and store such effects without liability to Tenant for loss thereof or damage thereto, and Tenant shall pay Landlord’s contractor , upon demand, any costs and expenses incurred due to such other contractor removal and storage or Landlord may, at its sole option and without notice to Tenant, sell such property or any subcontractor portion thereof at private sale and without legal process for such price as Landlord may obtain and apply the proceeds of such other contractor shall employ sale against any non-union labor or supplier(a) amounts due by Tenant to Landlord under this Lease and (b) any expenses incident to the removal, storage and sale of such personal property.
17.10. Tenant shall be responsible for and hold pay to Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not an amount equal to exceed five three percent (53%) of the cost to Tenant of all Alterations (excluding Cosmetic Alterations) to cover Landlord’s overhead and expenses for plan review, coordination, scheduling and supervision thereof. For purposes of payment of such work sum, Tenant shall submit to cover its overhead as it relates Landlord copies of all bills, invoices and statements covering the costs of such charges, accompanied by payment to such proposed work, plus third-party costs actually Landlord of the fee set forth in this Section. Tenant shall reimburse Landlord for any extra expenses incurred by Landlord in connection with the proposed by reason of faulty work and the design thereofdone by Tenant or its contractors, with all or by reason of delays caused by such amounts being due five work, or by reason of inadequate clean-up.
17.11. Within sixty (560) days after final completion of any Alterations performed by Tenant with respect to the Premises, Tenant shall submit to Landlord documentation showing the amounts expended by Tenant with respect to such Alterations, together with supporting documentation reasonably acceptable to Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens17.12. Tenant shall pay in addition take, and shall cause its contractors to any sums due pursuant take, commercially reasonable steps to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, protect the Premises during the Termperformance of any Alterations, including covering or temporarily removing any window coverings so as such increase is ascertainable; at Landlord’s election said sums to guard against dust, debris or damage.
17.13. Tenant shall be paid in require its contractors and subcontractors performing work on the same way Premises to name Landlord and its affiliates and Lenders as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2additional insureds on their respective insurance policies.
Appears in 3 contracts
Samples: Sublease (Zentalis Pharmaceuticals, Inc.), Sublease (Zentalis Pharmaceuticals, LLC), Sublease (Zentalis Pharmaceuticals, LLC)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or improvements to the Premises or any part thereof or (including, without limitation, the making of any improvements as required by Article 7, roof and wall penetrations) without the prior written consent of Landlord. When applying for such consent, Tenant If Landlord shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant, Tenant shall be constructed construct the same in accordance with all government governmental laws, ordinances, rules and regulationsregulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, using or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building standard materials where applicableor Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant shall, may be removed by Tenant prior to construction, provide the additional insurance required under Article 11 in such casetermination of this Lease if Tenant so elects, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment be removed by the date of termination of this Lease or upon earlier vacating of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against Premises if required by Landlord; upon any loss from any mechanic’s, materialmen’s or other liens. such removal Tenant shall pay in addition restore the Premises to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any their original condition. All such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums removals and restoration shall be paid accomplished in a good and workmanlike manner so as not to damage the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations primary structure or improvements, require Tenant to deposit with Landlord structural quality of the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2Building.
Appears in 3 contracts
Samples: Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, A. Tenant shall not make or suffer to be made any alterations, additions, additions or improvements, including, but not limited to, the attachment of improvements to any fixtures or equipment in, on, or to the Premises Site or any part portion thereof or the making of any improvements as required by Article 7, (“Alterations”) without first obtaining the prior written consent of Landlord. When applying for such consentLandlord which shall not be unreasonably withheld, Tenant shallconditioned or delayed; provided, if requested by Landlordhowever, furnish complete plans that so long as no Event of Default has occurred and specifications for such alterationsis continuing, additions and improvements. Landlord’s prior written consent shall not be unreasonably withheld required, but prior written notice shall be delivered to Landlord accompanied with respect full and complete drawings and plans prepared by a licensed architect or engineer, if applicable, for any Alterations to alterations which a Site that: (i) are not structural in nature, additions or structural alterations to such Site; (ii) are will not visible from change the exterior essential nature of the Building, any Building as a restaurant and gift shop or ancillary uses; (iii) do will not materially and adversely affect the structural elements or require modification roof of any Building, the proper functioning of a Building’s electrical, mechanical, plumbing, HVAC or other systems, systems nor the impair the value of such Building; and (iv) in aggregate do not exceed the cost more than of Two Hundred Fifty Thousand and No/100 Dollars ($5.00 per rentable square foot 250,000.00) for any Site on an annual basis. In seeking approval from Landlord of any Alterations, if required, Tenant shall provide Landlord with (1) full and complete set of drawings and plans for the proposed Alterations prepared by a licensed architect or engineer; and (2) notice of whether the Alteration will involve or affect Hazardous Materials. Tenant shall not have the right to seek any zoning changes or variances in connection with any Alterations without Landlord’s approval, provided that portion Landlord’s consent to a variance in connection with any Alterations shall not be unreasonably withheld provided such variance does not change the essential nature of any Building. Tenant shall reimburse Landlord upon demand for any reasonable third party out-of-pocket costs, including, without limitation, attorney’s fees and engineering advisor’s fees, related to Landlord’s review of any Alterations request by Tenant.
B. All Alterations shall be constructed by Tenant, without expense to Landlord, in a good, first-class, professional and workmanlike manner so as not to void or make voidable any roof or other warranties, employing materials of first-class quality free of material defects, and in compliance with all Law, all applicable Encumbrances and all regulations and orders, rules and regulations of the Premises affected Board of Fire Insurance Underwriters or any other body exercising similar functions, and in compliance with the terms and conditions of this Lease.
C. Prior to the commencement of construction of any Alteration that required Landlord’s consent hereunder, Tenant shall deliver to Landlord certificates evidencing the existence of (a) workmen’s compensation insurance with coverage limits not less than statutory limits covering all persons employed for such work; (b) a completed operations endorsement to the commercial general liability insurance policy referred to Section 15.B; (c) reasonable comprehensive general liability and property damage insurance naming Landlord, its designees and Tenant as additional insureds, with coverage of at least $1,000,000 single-limit or such greater amount as may be reasonably requested by Landlord; and (d) builders all risk insurance on a completed value basis (or its equivalent) covering all physical loss, in an amount no less than the alterations full replacement value of the Alterations in question.
6.2 In D. Promptly upon the event Landlord consents completion of construction of any Alteration that is permanently affixed to the making Premises and alters the existing footprint or elevation of a Building, Tenant shall deliver to Landlord one complete set of “as built” drawings thereof (and if the Alterations involve any change to the footprint of the applicable Building or the erection of a new building, an ALTA survey for the applicable Site certified to Landlord and any Landlord Mortgagee), proof of payment for all labor and materials, and if and to the extent commercially obtainable, copies of guarantees, if any, from all major contractors in favor of Landlord and Tenant (jointly and separately) against defects and deficiencies in materials and workmanship, and requiring the correction of the same upon demand of Landlord and Tenant at the expense of such contractor.
E. All Alterations, whether temporary or permanent in character, made in or upon the Premises either by Landlord or Tenant (other than Tenant’s Personal Property installed or placed on the Premises by or on behalf of Tenant) shall be Landlord’s property, and will remain with the Premises without compensation to Tenant. Notwithstanding the foregoing, in the case of any such alteration, addition or improvement by Tenant, the same shall be made by using either Alteration requiring Landlord’s contractor prior written approval, Landlord may condition such approval on Tenant’s agreement to remove all or a contractor reasonably approved portion of such Alteration at the end of the Term. Landlord shall provide Tenant with notice, of Tenant’s obligation to remove any such Alteration at the end of the Term upon Landlord’s review of such Alteration. If Landlord does not notify Tenant that Tenant is obligated to remove such Alteration, such Alteration may be removed at Tenant’s option. Upon the expiration or sooner termination of this Lease, all Alterations on the Premises required by Landlord to be removed as aforesaid, or any part or parts thereof so designated by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for removed from the Premises by Tenant and hold Landlord harmless the Premises restored to the same or better condition than existed immediately prior to the construction of the Alteration, reasonable wear and tear, and damage from any and all delaysfire or other casualty excepted. Notwithstanding Section 4.B, damages and extra costs suffered by Landlord as a result it shall not be an Event of Default if Tenant reduces or ceases operation (only to the extent reasonably necessary) during the construction of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed Alterations made in accordance with all government lawsthe terms and provisions of this Lease, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide so long as such reduction or ceasing of operations does not continue for more than ninety (90) consecutive days in the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable aggregate with respect to any such alterationAlteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition subject to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2Force Majeure Delays.
Appears in 3 contracts
Samples: Master Lease Agreement (Cracker Barrel Old Country Store, Inc), Master Lease Agreement (Cracker Barrel Old Country Store, Inc), Agreement for Purchase and Sale of Real Property (Cracker Barrel Old Country Store, Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, A. Tenant shall not make or suffer allow to be made (except as otherwise provided in this Lease Agreement) any alterations, additions, alterations or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, physical additions (including fixtures) in or to the Leased Premises (which for the purposes hereof includes the placement of safes, vaults and other heavy furniture or any part thereof or the making of any improvements as required by Article 7equipment), without first obtaining the prior written consent of Landlord; provided, however, Landlord’s consent to (i) any alterations or physical additions (including fixtures) to the Leased Premises which do not affect the HVAC, plumbing, electrical or mechanical systems or structural elements of the Leased Premises or the Building or (ii) the placement of safes, vaults or other heavy furniture or equipment within the Leased Premises, shall not be unreasonably withheld, conditioned or delayed. When applying for such In addition, Tenant shall not be permitted to take x-rays or core drill or penetrate the floor of the Leased Premises or any other floor of the Building without first obtaining the Landlord’s consent, which consent shall not be unreasonably withheld, conditioned or delayed. However, notwithstanding the foregoing, Landlord acknowledges and agrees that Tenant shallmay drill into the floor slab for plumbing associated with drainage, if requested the location and scheduling thereof to be consented to by Landlord, furnish complete which consent shall not be unreasonably withheld, conditioned or delayed. The cost of any consultant or engineer hired by Landlord in connection with such work undertaken by Tenant shall be paid for by Tenant as additional rent hereunder. Tenant shall submit requests for consent to make alterations or physical additions together with copies of the plans and specifications for such alterations, additions and improvements. Subsequent to obtaining Landlord’s consent and prior to commencement of construction of the alterations or physical additions, Tenant shall deliver to Landlord the building permit, a copy of the executed construction contract covering the alterations and physical additions and evidence of contractor’s and subcontractor’s insurance, such insurance being with such companies, for such periods and in such amounts as Landlord may reasonably require, naming the Landlord Parties (as defined on Exhibit I) as additional insureds. Tenant shall pay to Landlord upon demand a review fee in the amount of Landlord’s actual costs incurred to compensate Landlord for the cost of review and approval of the plans and specifications and for additional administrative costs incurred in monitoring the construction of the alterations, all such charges to Tenant to be reasonable. Tenant shall deliver to Landlord a copy of the “as-built” plans and specifications for all alterations or physical additions so made in or to the Leased Premises, and shall reimburse Landlord for the cost incurred by Landlord to update its current architectural plans for the Building.
B. Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties 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 alterations, additions or improvements made by Tenant to the Leased Premises, including but not limited to any mechanics’ or materialmen’s liens asserted in connection therewith.
C. Tenant shall not be unreasonably withheld with respect deemed to alterations which (i) are not structural be the agent or representative of Landlord in naturemaking any such alterations, (ii) are not visible from physical additions or improvements to the exterior of Leased Premises, and shall have no right, power or authority to encumber any interest in the BuildingComplex in connection therewith other than Tenant’s leasehold estate under this Lease Agreement. However, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC should any mechanics’ or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that liens be filed against any portion of the Complex or any interest therein (other than Tenant’s leasehold estate hereunder) by reason of Tenant’s acts or 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 twenty (20) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said twenty (20) day period, which failure shall be deemed to be an Event of Default hereunder without the necessity of any further notice, 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 all costs incurred in canceling or discharging such lien or liens.
D. Tenant shall cause all alterations, physical additions, and improvements (including fixtures), constructed or installed in the Leased Premises affected by or on behalf of Tenant to comply with all applicable governmental codes, ordinances, rules, regulations and laws. Tenant acknowledges and agrees that neither Landlord’s review and approval of Tenant’s plans and specifications nor its observation or supervision of the construction or installation thereof shall constitute any warranty or agreement by Landlord that same comply with such codes, ordinances, rules, regulations and laws or release Tenant from its obligations under this Section 10.D.
E. Tenant shall be wholly responsible for any accommodations or alterations that are required by applicable governmental codes, ordinances, rules, regulations and laws to be made to the Leased Premises to accommodate disabled employees and customers of Tenant, including, without limitation, compliance with the Americans with Disabilities Act (42 U.S.C. §§ 12101 et seq.) and the Texas Architectural Barriers Act (Texas Government Code, Chapter 469) (collectively, the “Accommodation Laws”) to the extent interpreted and enforced from time to time, as well as all applicable regulatory requirements promulgated by the alterations in question.
6.2 In Centers for Medicare and Medicaid Services (“CMS”), the event Landlord consents State of Texas, Occupational Safety and Health Administration and the administrative regulations promulgated thereunder and all other federal, state and local statutory and regulatory requirements and building codes, including, without limitation, state hospital licensing standards and CMS certification regulations (collectively, the “Healthcare Laws”). Except to the making of any such alterationextent provided below, addition or improvement by Tenant, the same Landlord shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlordresponsible for making all accommodations and alterations to the Common Areas of the Building necessary to comply with the Accommodation Laws and any other federal, in either event state and local statutory and regulatory requirements and building codes. Notwithstanding the foregoing, Landlord may perform, at Tenant’s sole cost and expense. If , any accommodations or alterations that are required by the Accommodation Laws and/or Healthcare Laws or that are required by any governmental official acting pursuant to the Accommodation Laws and/or Healthcare Laws to any area outside of the Leased Premises which are triggered by any alterations or additions to the Leased Premises or by the proposed use of the Premises as described in Section 3 and Tenant shall employ any contractor other than Landlord’s contractor reimburse Landlord for such cost and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent expense within thirty (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (530) days after Landlord’s of demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 3 contracts
Samples: Lease Agreement (Bellicum Pharmaceuticals, Inc), Lease Agreement (Bellicum Pharmaceuticals, Inc), Lease Agreement (Bellicum Pharmaceuticals, Inc)
Alterations. 6.1 Except 18.1 Tenant shall make no alterations, additions or improvements in or to the Premises or engage in any construction, demolition, reconstruction, renovation, or other work (whether major or minor) of any kind in, at, or serving the Premises (“Alterations”) without Landlord’s prior written approval, which approval Landlord shall not unreasonably withhold, condition or delay; provided, however, that in the event any proposed Alteration adversely affects (a) any structural portions of the Building, including exterior walls, roof, foundation or core of the Building, (b) the exterior of the Building or (c) any Building systems, including elevator, plumbing, air conditioning, heating, electrical, security, life safety and power, then Landlord may withhold its approval with respect thereto in its sole and absolute discretion. Tenant shall, in making any such Alterations, use only those architects, contractors, suppliers and mechanics of which Landlord has given prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. In seeking Landlord’s approval, Tenant shall provide Landlord, at least fourteen (14) days in advance of any proposed construction, with plans, specifications, bid proposals, work contracts, requests for thoselaydown areas and such other information concerning the nature and cost of the Alterations as Landlord may reasonably request. Notwithstanding the foregoing, Tenant shall not be required to seek Landlord’s prior consent to cosmetic Alterations in the Premises that cost less than $50,000 in any one instance; provided, however, that in the event any proposed Alteration adversely affects (a) any structural portions of the Building, including exterior walls, roof, foundation or core of the Building, (b) the exterior of the Building or (c) any Building systems, including elevator, plumbing, air conditioning, heating, electrical, security, life safety and power, then Tenant must obtain Landlord’s approval, and Landlord may withhold such approval in its sole and absolute discretion.
18.2 Tenant shall not construct or permit to be constructed partitions or other obstructions that might interfere with free access to mechanical installation or service facilities of the Building, or interfere with the moving of Landlord’s equipment to or from the enclosures containing such installations or facilities, without first obtaining Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed.
18.3 Tenant shall accomplish any work performed on the Premises or the Building in such a manner as to permit any fire sprinkler system and fire water supply lines to remain fully operable at all times.
18.4 Any work performed on the Premises or the Building by Tenant or Tenant’s contractors shall be done at such times and in such manner as Landlord may from time to time reasonably designate. Tenant covenants and agrees that all work done by Tenant or Tenant’s contractors shall be performed in full compliance with Applicable Laws. Within thirty (30) days after completion of any Alterations, if anyapplicable, specifically provided Tenant shall provide Landlord with complete “as-built” drawing print sets and electronic CADD files on disc (or files in such other current format in common use as Landlord reasonably approves or requires) showing any changes in the Premises. Within sixty (60) days of the Term Commencement Date, Landlord shall provide Tenant with complete “as-built” drawing print sets and electronic CADD files on disc (or files in such other current format in common use as Landlord reasonably approves or requires) for the Building, and agrees to provide Tenant with updates to the same to the extent necessary for Tenant to efficiently provide Landlord with the deliverables required by the prior sentence.
18.5 All Tenant Improvements, Alterations, attached equipment, decorations, fixtures, trade fixtures, additions and improvements, subject to Sections 18.8 and 20.3, attached to or built into the Premises, made by either of the Parties, including, without limitation, all floor and wall coverings, built-in Exhibit B cabinet work and paneling, sinks and related plumbing fixtures, built-in laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits (collectively, “Attached Property”), shall (unless, prior to such construction or installation, Landlord elects otherwise in writing) become the property of Landlord upon the expiration or earlier termination of the Term, and shall remain upon and be surrendered with the Premises as a part thereof. The Premises shall at all times remain the property of Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease. Notwithstanding the foregoing, upon termination of this Lease, Tenant shall have the right to remove any equipment, laboratory/research equipment, decorations, trade fixtures and personal property from the Premises that was paid for entirely by Tenant and that is not make affixed to the Building or suffer the Property in a manner that removal of the same would require substantial alteration (for example, trade fixtures that are merely bolted to be made the Building would not require substantial alteration to remove; but an item such as an installed walk-in freezer would require substantial alterations to remove) (“Tenant’s Personal Property”); provided, however, Tenant shall repair any alterationsdamage to the Premises associated with such removal.
18.6 Before commencing any work, additionsTenant shall give Landlord at least fourteen (14) days’ prior written notice of the proposed commencement of such work and shall, if required by Landlord, secure, at Tenant’s own cost and expense, a completion and lien indemnity bond satisfactory to Landlord for said work.
18.7 Tenant shall repair any damage to the Premises caused by Tenant’s removal of any property from the Premises. During any such restoration period, Tenant shall pay Rent to Landlord as provided herein as if said space were otherwise occupied by Tenant. The provisions of this Section shall survive the expiration or improvementsearlier termination of this Lease.
18.8 If Tenant shall fail to remove any of its property from the Premises prior to termination of this Lease, then Landlord may, at its option, remove the same in any manner that Landlord shall choose and store said effects without liability to Tenant for loss thereof or damage thereto, and Tenant shall pay Landlord, upon demand, any costs and expenses incurred due to such removal and storage or Landlord may, at its sole option and without notice to Tenant, sell such property or any portion thereof at private sale and without legal process for such price as Landlord may obtain and apply the proceeds of such sale against any (a) amounts due by Tenant to Landlord under this Lease and (b) any expenses incident to the removal, storage and sale of said personal property.
18.9 Notwithstanding any other provision of this Article 18 to the contrary, in no event shall Tenant remove any improvement from the Premises as to which Landlord contributed payment, including, but not limited towithout limitation, the attachment Tenant Improvements made pursuant to the Work Letter without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
18.10 Tenant shall reimburse Landlord for any extra expenses incurred by Landlord by reason of any fixtures faulty work done by Tenant or equipment in, onits contractors, or to by reason of delays caused by such work, or by reason of inadequate clean-up.
18.11 Within sixty (60) days after final completion of the Premises Tenant Improvements (or any part thereof or the making of any improvements as required other Alterations performed by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplierPremises), Tenant shall be responsible for and hold pay to Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not an amount equal to exceed five four percent (54%) of the cost to Tenant of all Alterations installed by Tenant or its contractors or agents to cover Landlord’s overhead and expenses for plan review, coordination, scheduling and supervision thereof (the “Alteration Fee”); provided, however, that no Alteration Fee shall be payable for any Alterations which do not require any plan review, coordination, scheduling or supervision; and provided, further, that the parties agree that the Alteration Fee shall not apply to the Tenant Improvements since Landlord will receive the Construction Management Fee as described in the Work Letter. For purposes of payment of such work sum, Tenant shall submit to cover its overhead as it relates Landlord copies of all bills, invoices and statements covering the costs of such charges, accompanied by payment to such proposed work, plus third-party costs actually Landlord of the fee set forth in this Section. Tenant shall reimburse Landlord for any extra expenses incurred by Landlord in connection with the proposed by reason of faulty work and the design thereofdone by Tenant or its contractors, with all or by reason of delays caused by such amounts being due five (5) days after Landlord’s demandwork, or by reason of inadequate clean-up.
6.3 All alterations, additions or improvements proposed by 18.12 Tenant shall be constructed in accordance with all government laws, ordinances, rules require its contractors and regulations, using Building standard materials where applicable, subcontractors performing work on the Premises to name Landlord and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, its affiliates and also all such assurances to Landlord lenders (so long as Landlord shall reasonably require to assure payment notifies Tenant in writing of the costs thereof, including but not limited to, notices identity of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, same) as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2additional insureds on their respective insurance policies.
Appears in 3 contracts
Samples: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, (a) Tenant shall not before or during the Term make or suffer to be made any alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, improvements in or to the Premises or (herein collectively called “Alterations”) without first obtaining Landlord’s written approval thereof based on detailed plans and specifications submitted by Tenant. Landlord’s approval may be withheld in Landlord’s sole and absolute discretion if any part thereof Alterations could in Landlord’s judgment affect the structure of the Building or the making electrical, mechanical, heating, ventilation or air conditioning, life safety or plumbing systems of any improvements as required by Article 7the Building (collectively the “Building Systems”), be visible from outside the Premises, or require additional code compliance or similar work not included in the Alterations; otherwise, Landlord’s consent shall not be unreasonably withheld. Without limiting the foregoing, all Alterations shall also be subject to the provisions of Section 11.2 below. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations that do not affect the structure of the Building or the Building Systems that in the aggregate do not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) without the prior written consent of Landlord. When applying for such consent; provided, however, that Tenant shallshall provide Landlord copies of all permits, if requested by Landlord, furnish complete plans and specifications for other related documents in connection with such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect Alterations.
(b) Any Alteration to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ , in compliance with all applicable Laws and all requirements requested by Landlord, including, without limitation, the requirements of any contractor other than Landlord’s contractor and such other contractor insurer providing coverage for the Premises or the Building or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design part thereof, and in accordance with all such amounts being due five (5) days after plans and specifications approved in writing by Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant and shall be constructed and installed by a contractor reasonably approved in accordance writing by Landlord. As a further condition to giving consent, with respect to Alterations that could affect the structural components of the Building Systems or which in the aggregate exceed One Million Dollars ($1,000,000.00) in cost, Landlord may require Tenant to provide Landlord, at Tenant’s sole cost and expense, a payment and performance bond in form reasonably acceptable to Landlord, in a principal amount not less than the estimated costs of such Alterations, to ensure Landlord against any liability for mechanics’ and materialmen’s liens and to ensure completion of work. Before Alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant shall reimburse Landlord for its reasonable costs (including, without limitation, the costs of any construction manager retained by Landlord) in reviewing plans and documents and in monitoring construction. Tenant shall maintain during the course of construction, at its sole cost and expense, builders’ risk insurance for the amount of the completed value of the Alterations on an all-risk non-reporting form covering all government lawsimprovements under construction, ordinances, rules and regulations, using Building standard materials where applicableincluding building materials, and Tenant shall, prior to construction, provide the additional other insurance required under Article 11 in amounts and against such case, and also all such assurances to Landlord risks as Landlord shall reasonably require in connection with the Alterations. In addition to assure payment and without limitation on the generality of the costs thereofforegoing, including but Tenant shall ensure that its contractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming Landlord, Tenant and Landlord’s lenders, if any, as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not limited toless than Three Million Dollars ($3,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least Three Million Dollars ($3,000,000.00).
(c) Tenant agrees not to proceed to make any Alterations, notwithstanding consent from Landlord to do so, until Tenant notifies Landlord in writing of the date Tenant desires to commence construction or installation of such Alterations and Landlord has approved such date in writing, in order that Landlord may post appropriate notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows to avoid any liability to contractors or material suppliers for payment for Tenant’s improvements. Tenant will at all times permit such notices to be posted and to protect Landlord and remain posted until the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost completion of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2work.
Appears in 3 contracts
Samples: Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any no alterations, additionsinstallations, changes or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, additions in or to the Premises or any part thereof or the making of any improvements as required by Article 7Project (collectively, "ALTERATIONS") without the Landlord's prior written consent consent. Any Alterations approved by Landlord must be performed in accordance with the terms hereof, using only contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete fully detailed and dimensioned plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect pertaining to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations Alterations in question.
6.2 In the event Landlord consents , to the making of any such alteration, addition or improvement be prepared and submitted by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event Tenant at Tenant’s its sole cost and expense. If Tenant shall employ at its sole cost and expense obtain all necessary approvals and permits pertaining to any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Alterations. Tenant shall cause all Alterations to be responsible for performed in a good and hold Landlord harmless from any and all delaysworkmanlike manner, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, conformance with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterationsapplicable federal, additions or improvements proposed by Tenant shall be constructed in accordance with all government state, county and municipal laws, ordinances, rules and regulations, using Building standard materials where applicablepursuant to a valid building permit, and in conformance with Landlord's construction rules and regulations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall, shall not commence any work with respect to such Alterations prior to constructionsuch date. Notwithstanding anything to the contrary contained herein, provide Tenant may make strictly cosmetic changes to the additional insurance required under Article 11 finish work in the Premises (the "COSMETIC ALTERATIONS") without Landlord's consent, provided that the aggregate cost of any such casealterations does not exceed [***], and also all further provided that such assurances alterations do not (i) require any structural or other substantial modifications to Landlord as Landlord shall reasonably the Premises, (ii) require to assure payment any changes to, nor adversely affect, the systems and equipment of the costs thereofProject, including but not limited toand (iii) affect the exterior appearance of the Project. Tenant shall give Landlord at least fifteen (15) days prior notice of such Cosmetic Alterations, notices of non-responsibilitywhich notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in this Article 9. Tenant hereby agrees to indemnify, waivers defend, and hold Landlord free and harmless from all liens and claims of lien, surety company performance bonds and funded construction escrows all other liability, claims and to protect Landlord and the Building and appurtenant land against demands arising out of any loss from any mechanic’s, materialmen’s work done or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, material supplied to the extent required under Section 26.2Premises by or at the request of Tenant in connection with any Alterations.
Appears in 2 contracts
Samples: Standard Office Lease (Lindows Inc), Standard Office Lease (Lindows Inc)
Alterations. 6.1 Except for those(A) Tenant, if anyupon at least ten (10) days written notice to Landlord, specifically provided for but without obtaining Landlord’s consent, may make Alterations which are purely decorative in Exhibit B to this Leasenature such as painting, carpeting, wall covering, and the like (such Alterations, hereinafter “Decorative Alterations”). Tenant shall not make or suffer permit to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, other Alterations without the Landlord’s prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s which consent shall not be unreasonably withheld withheld, conditioned or delayed, provided that (1) the outside appearance of the Building shall not be affected; (2) the strength of the Building shall not be affected; (3) the structural parts of the Building shall not be affected; (4) except as otherwise expressly provided in this Lease, no part of the Building outside of the Premises shall be affected; and (5) the proper functioning of the Building Systems shall not be affected and the use of such systems by Tenant shall not be increased beyond Tenant’s allocable portion of reserve capacity thereof, if any. Reference is made to Schedule B hereto, which contains the Tenant Alteration Guidelines applicable to the Building, which is incorporated by reference in this Lease. To the extent of a conflict between the express provisions of this Lease and the provisions of the Tenant Alteration Guidelines, the provisions of this Lease shall control. Landlord reserves the right to make reasonable changes and additions to the Tenant Alteration Guidelines, provided however, that such changes or additions shall not conflict with the express provisions of this Lease.
(B) (1) Prior to making any Alterations, Tenant shall, at Tenant’s expense, (i) other than with respect to alterations Decorative Alterations, submit to Landlord three (3) sets of final, stamped and detailed plans and specifications (including layout, architectural, electrical, mechanical and structural drawings) that comply with all Laws for each proposed Alteration, and Tenant shall not commence any such Alteration without first obtaining Landlord’s approval of such plans and specifications, which (i) are approval shall not structural in naturebe unreasonably withheld, conditioned or delayed, (ii) are not visible from the exterior of the Buildingat Tenant’s expense, obtain all permits, approvals and certificates required by any Government Authorities, and (iii) do not affect or require modification of the Buildingfurnish to Landlord certificates evidencing worker’s electrical, mechanical, plumbing, HVAC or other systems, and compensation insurance (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents covering all persons to the making of any such alteration, addition or improvement be employed by Tenant, and Tenant’s contractors and subcontractors, in connection with such Alteration) and commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, and as otherwise specified in Schedule I annexed to this Lease, naming Landlord and its agents, any Lessor and any Mortgagee, as additional insureds. Within thirty (30) days after completion of such Alteration or as soon thereafter as is reasonably practicable, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Alterations required by any Government Authority and shall furnish Landlord with copies thereof, together with the same “as-built” plans and specifications (or final plans with field notations) for such Alterations, in AutoCad, Release 14 format, either on a 31/2” disk or CD Rom, or such other format as shall from time to time be reasonably designated by Landlord. All Alterations shall be made by using either Landlord’s contractor or a contractor reasonably and performed substantially in accordance with the plans and specifications therefor as approved by Landlord, all Laws and the Rules and Regulations. All materials and equipment to be incorporated in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord the Premises as a result of any dispute with Alterations shall be new and no such materials or affixed equipment shall be subject to any labor unions concerning the wagelien, hoursencumbrance, terms chattel mortgage, title retention or conditions of the employment of any such laborsecurity agreement. In addition, except for Decorative Alterations, any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of Alteration for which the cost of such work labor and materials (as estimated by Landlord’s architect, engineer or contractor) is in excess of Seventy Five Thousand ($75,000.00) Dollars and for which plans are required to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection be filed with the proposed work and the design thereofNew York City Department of Buildings, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior performed only under the supervision of a licensed architect reasonably satisfactory to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Lease Agreement (Everyday Health, Inc.), Lease Agreement (Everyday Health, Inc.)
Alterations. 6.1 Except for those17.1 Tenant may make non-structural, if anyinterior and/or exterior alterations, specifically provided for changes, additions, improvements, reconstructions or replacements of any of the Premises (“alterations”), other than those which would result in Exhibit B to this Leasea diminution in the value of the Premises that do not exceed the Threshold Repair Amount in the aggregate. Unless required by applicable federal, state or local law or regulation, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without obtain the prior written consent of Landlord. When applying for such consentLandlord and Lender to any alteration (i) which would result in a diminution in the value of the Premises, Tenant shall(ii) the cost of which in the aggregate exceeds the Threshold Repair Amount or (iii) which is structural in nature, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s which consent to a structural alteration shall not be unreasonably withheld withheld. Without limitation, in determining whether a structural alteration is “reasonable” for purposes of subsection (iii) of the preceding sentence, Landlord shall have the right to consider whether such alteration would impair the structural integrity of the Premises, would impair the fair market value of the Premises, or would otherwise adversely affect the overall marketability of the Premises, as determined in Landlord’s reasonable discretion.
17.2 Tenant shall do all such work in a good and workmanlike manner, at its own cost, and in accordance with respect Laws and Legal Requirements. Tenant shall discharge, within sixty (60) days after notice of the filing of the same (by payment or by filing the necessary bond, or otherwise), any mechanics’, materialmen’s or other lien against the Premises and/or Landlord’s interest therein, which lien may arise out of any payment due for any labor, services, materials, supplies, or equipment furnished to or for Tenant in, upon, or about the Premises.
17.3 At Tenant’s sole cost and without liability to Landlord, Landlord agrees to reasonably cooperate with Tenant (including signing applications upon Tenant’s written request) in obtaining any necessary permits, variances and consents for any alterations which Tenant is permitted or required to make hereunder; provided none of the foregoing shall, in any manner, result in a material reduction of access to or ingress to or egress from the Premises, a diminution in the value of the Premises, a change in zoning having a material adverse effect on the ability to use the Premises for the Healthcare Business by Tenant or otherwise have a material adverse effect on the ability to use the Premises for the Healthcare Business by Tenant.
17.4 Tenant agrees that in connection with any alteration: (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion fair market value of the Premises affected shall not be lessened by more than a de minimus extent after the alterations in question.
6.2 In the event Landlord consents to the making completion of any such alteration, addition or improvement by Tenantits structural integrity impaired; (ii) all such alterations shall be performed in a good and workmanlike manner, the same and shall be expeditiously completed in compliance with all Legal Requirements; (iii) Tenant shall promptly pay all costs and expenses of any such alteration; (iv) Tenant shall procure and pay for all permits and licenses required in connection with any such alteration; and (v) all alterations shall be made by using either Landlord’s contractor (in the case of any alteration the estimated cost of which in any one instance exceeds the Threshold Repair Amount) under the supervision of an architect or a contractor reasonably approved by Landlord, engineer and in either event at Tenant’s sole cost accordance with plans and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant specifications which shall be responsible submitted to Landlord and Lender (for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning information purposes only) prior to the wage, hours, terms or conditions commencement of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not alterations.
17.5 All contracts and payments to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed workcontractors, plus third-party costs actually incurred by Landlord subcontractors, suppliers and other persons in connection with any alteration, Restoration, repair or other work performed at the proposed work Premises shall be entered into, made and the design thereof, performed in compliance with all such amounts being due five (5) days after Landlord’s demandLaws and Legal Requirements.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Master Lease (Summit Healthcare REIT, Inc), Lease Agreement (Cornerstone Core Properties REIT, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, (a) Tenant shall not, without Landlord's prior written consent, which shall not be unreasonably withheld, make or suffer to be made any alterations, additionsimprovements or additions (hereinafter collectively referred to as "ALTERATIONS") in, on or improvements, includingabout the Premises. Alterations shall include, but shall not be limited to, the attachment installation or alteration of security or fire protection systems, communication systems, millwork, shelving, retrieval or storage systems, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing. At the expiration of the Term, (a) if Landlord, at the time of giving its consent to an Alteration, specified in writing to Tenant that such Alteration is to be removed at the expiration of the Term or (b) if Tenant failed to obtain Landlord's consent to any fixtures Alteration for which Landlord's consent is required, then in either case Tenant shall remove such Alterations and restore the Premises to its prior condition, at Tenant's expense. Other than Alterations described in items (i) and (ii) below, Tenant shall make its request to Landlord for proposed Alterations in writing, and shall include the plans and specifications prepared by a licensed architect or equipment in, onengineer. Should Tenant make any Alterations without the prior approval of Landlord, or use a contractor not expressly approved by Landlord, Landlord may, at any time during the Term, require that Tenant remove all or part of the Alterations and return the Premises to the Premises or any part thereof or condition it was in prior to the making of the Alterations. In the event Tenant makes any improvements as Alterations, Tenant agrees to obtain or cause its contractor to obtain, prior to the commencement of any work, the insurance coverages required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Section 13 below and to provide to Landlord, furnish complete plans and specifications for prior to the commencement of any work, certificates evidencing such alterationsinsurance, additions and improvementswhich certificates shall list Landlord as an additional insured. Notwithstanding the foregoing, Landlord’s 's consent shall not be unreasonably withheld with respect to alterations which required for (i) are not structural in natureany Alteration that is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting or (ii) are any single Alteration the cost of which (labor and materials) is less than $20,000.00 and such Alteration will not visible from the exterior affect or involve a Building system, mechanical system, or a structural portion of the Building, .
(iiib) do not affect Tenant agrees to pay promptly for any work done by Tenant or require modification of material furnished in or about the Building’s electrical, mechanical, plumbing, HVAC or other systemsPremises, and (iv) in aggregate do Tenant shall not cost more than $5.00 per rentable square foot of that portion of permit or suffer any lien to attach to the Premises affected and shall cause any such lien or any claim therefor, to be released within 30 days after notice thereof. All work done by Tenant in or about the alterations in questionPremises shall comply with all Laws.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If (c) Tenant shall employ any contractor other than not erect or install signage at the Premises without Landlord’s contractor 's prior written approval as to size, design, and such other contractor or any subcontractor of such other contractor location, which approval shall employ any non-union labor or supplier, not be unreasonably withheld. Tenant shall be solely responsible for to obtain all zoning approvals and hold Landlord harmless from any and all delayspermits associated with Tenant's signage. Notwithstanding the foregoing, damages and extra costs suffered by Landlord Tenant is authorized to modify and/or replace the signage existing at the Premises on the Commencement Date without Landlord's prior written approval so long as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions size of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee modified or replacement signage is not to exceed five percent (5%) of larger than the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work existing signage and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way location as sums due under Article 4. Landlord maythe existing signage, as a condition subject in all respects to its consent to any particular alterations or improvementsLaws, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost including zoning ordinances, and other local laws, compliance of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2which shall be Tenant's responsibility.
Appears in 2 contracts
Samples: Lease Agreement (Source Interlink Companies Inc), Lease Agreement (Source Interlink Companies Inc)
Alterations. 6.1 Except (a) Tenant shall not make any alterations, repairs, additions or improvements or install any cable (collectively, “Alterations”) without first obtaining the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. Notwithstanding the generality of the foregoing, Landlord shall be entitled to withhold its consent to proposed Alterations if, in Landlord’s good faith judgment, any one or more of the following situations exist: (i) the proposed Alterations will adversely affect the exterior appearance of the Building; (ii) the proposed Alterations may impair the structural strength of the Building, adversely affect any Building Systems, or adversely affect the value of the Building; (iii) the proposed Alterations would trigger the necessity under Applicable Requirements or otherwise for thosework to be performed outside the Premises; or (iv) the proposed Alterations are not consistent with, or would detract from, the character or image of the Building. At least thirty (30) days before the commencement of Alterations, Tenant shall submit to Landlord plans, specifications, and product samples of the proposed Alterations for Landlord’s review. Landlord’s sole interest in reviewing and approving such documents is to protect Landlord’s interests, and no such review or approval by Landlord shall be deemed to create any liability of any kind on the part of Landlord, or constitute a representation on the part of Landlord or any person consulted by Landlord in connection with such review and approval that such plans or other documents are correct or accurate, or are in compliance with any Applicable Requirements. Tenant shall pay the reasonable out-of-pocket costs incurred by Landlord in reviewing Tenant’s plans, specifications and product samples, if any, specifically provided for within ten (10) business days after receipt of an invoice therefore and reasonable supporting documentation.
(b) Landlord or its affiliate shall have the right to perform Alterations on behalf of Tenant. If Landlord does not elect to perform the Alterations, the contractor and all subcontractors and suppliers used by Tenant must be approved in Exhibit B writing by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord reserves the right to this Leaserequire any work to be performed on the Building Systems (whether such Building Systems are located within or outside the Premises) to be performed by subcontractors specified by Landlord. Tenant shall not, either directly or indirectly, use any non-union labor.
(c) All Alterations by Tenant’s contractor shall be diligently completed in a good and workmanlike manner and in compliance with all Applicable Requirements and any Building construction rules and regulations then in effect. Tenant and Tenant’s (i) contractor, (ii) subcontractors and (iii) suppliers who provide labor or deliveries on behalf of Tenant within the Building, shall maintain such insurance as may be reasonably required by Landlord, and Tenant shall provide Landlord with evidence of such insurance prior to any such party’s entry into the Building. If Tenant or any person who is in or about the Building with the consent of Tenant shall cause any damage to the Building or the Common Areas, Tenant shall not make or suffer reimburse Landlord for the cost of repairs. Promptly after completion of the Alterations, Tenant shall deliver to be made Landlord “as built” drawings in CAD format showing the Alterations. On the first day of the month following substantial completion of any alterationsAlterations, additionsTenant shall pay Landlord a fee of five percent (5%) of all hard and soft costs of the Alterations to compensate Landlord for its review and coordination of the Alterations.
(d) Unless otherwise provided by written agreement, or improvements, all Alterations (including, but not limited to, sink units, wall-to-wall carpets, and signs) shall become the attachment property of any fixtures or equipment inLandlord at the end of the Term, onand shall remain upon and be surrendered with the Premises, or to the Premises or any part thereof or the making of any improvements as required by Article 7excepting however, without the prior written consent of that at Landlord. When applying for such consent’s election, Tenant shall, if requested by Landlordat Tenant’s expense, furnish complete plans remove any or all Alterations and specifications for restore the Premises to the condition prior to such alterations, additions Alteration (reasonable wear and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (itear excepted) are not structural in nature, (ii) are not visible from before the exterior last day of the BuildingTerm, (iii) do not affect provided that Landlord shall have included with its approval of such Alterations the written statement that Landlord is reserving its right to require that any or require modification all of such Alterations be so removed and the Building’s electricalPremises so restored. If Tenant fails to so remove the Alterations or restore the Premises within the time limits provided above, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion Tenant shall pay Rent to Landlord as provided by Section 19.2 hereof as if Tenant had held possession of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in until Tenant so removes the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements Alterations and restoring restores the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Office Lease (Eidos Therapeutics, Inc.), Office Lease (Eidos Therapeutics, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, 11.1 Tenant shall not make or suffer to be made any alterations, additions, additions or improvements, including, but not limited toimprovements to the Demised Premises (collectively, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, "Alterations") without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cuffing or otherwise defacing the Demised Premises. When applying Tenant shall furnish complete plans and specifications to Landlord at the time it requests Landlord's consent to any Alterations if the desired Alterations
(i) will affect the Industrial Complex's mechanical, electrical, plumbing, or life safety systems or services, or (ii) will affect any structural component of the Demised Premises or the Industrial Complex, or (iii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority, or (iv) will cost in excess of Twenty-Five Thousand Dollars ($25,000.00). Subsequent to obtaining Landlord's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a xxxx for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including, without limitation, all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant's sole cost and expense by a contractor approved in writing by Landlord. Tenant shall give Landlord not less than ten (10) days advance written notice of the commencement of Tenant's Alterations to enable Landlord to post and record notices of nonresponsibility. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Any construction, alteration, maintenance, repair, replacement, installation, removal or decoration undertaken by Tenant in connection with the Demised Premises shall be completed in accordance with plans and specifications which must be approved by Landlord, shall be carried out in a good, workmanlike and prompt manner and in accordance with the provisions of EXHIBIT "C" annexed hereto, shall comply with all applicable Regulations of the authorities having jurisdiction thereof, and shall be subject to supervision by Landlord or its employees, agents or contractors. Without limiting the generality of the immediately preceding sentence, any installation or replacement of Tenant's heating or air conditioning equipment must be effected strictly in accordance with Landlord's instructions, the Clean Air Act and all other applicable Regulations. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Areas either within or without the Industrial Complex in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Industrial Complex in order to comply with any applicable Regulations, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Demised Premises upon the expiration or sooner termination of this lease, except Tenant shall upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed and repair and restore the Demised Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. Notwithstanding the foregoing, prior to commencing any Alterations, Tenant may request Landlord's waiver of the restoration obligation with respect to specified Alterations, which waiver may be granted or withheld by Landlord in its sole discretion.
11.2 All construction work done by Tenant within the Demised Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all governmental requirements and Regulations, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Industrial Complex. Tenant agrees to indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC a bond or other systemssecurity satisfactory to Landlord against any such loss, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in questionliability or damage.
6.2 11.3 In the event Landlord consents Tenant uses a general contractor to perform construction work within the making of any such alterationDemised Premises, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to the commencement of such work, require said general contractor to execute and deliver to Landlord a waiver and release of any and all claims against Landlord and liens against the Industrial Complex to which such contractor might at any time be entitled. The delivery of the waiver and release of lien within the time period set forth above shall be a condition precedent to Tenant's ability to enter on and begin its construction work at the Demised Premises and, if applicable, to any reimbursement from Landlord for its construction work.
11.4 Nothing contained in this lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor of any labor or services or for the furnishing of any materials for any construction, provide alteration, addition, repair or demolition of or to the additional insurance required under Article 11 in such caseDemised Premises or any part thereof. All materialmen, contractors, artisans, mechanics, laborers and also all such assurances any other persons now or hereafter furnishing any labor, services, materials, supplies or equipment to Landlord as Landlord shall reasonably require Tenant with respect to assure payment any portion of the costs thereofDemised Premises are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Tenant and any subtenants shall have no power to do any act or make any contract which may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Demised Premises. NOTICE IS HEREBY GIVEN THAT LANDLORD IS NOT AND SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT OR TO ANYONE HOLDING THE DEMISED PREMISES OR ANY PART THEREOF, AND THAT NO MECHANICS' OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE DEMISED PREMISES.
11.5 In the event that Landlord elects to remodel all or any portion of the Industrial Complex, Tenant will cooperate with such remodeling, including but not limited to, notices Tenant's tolerating temporary inconveniences (and even the temporary removal of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and Tenant's signs in order to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any facilitate such alteration, addition or improvement for so long, during the Termremodeling, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, it may relate to the extent required under Section 26.2exterior of the Demised Premises).
Appears in 2 contracts
Samples: Sublease (Ariba Inc), Industrial Complex Lease (Ariba Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterationsalteration, additions, addition or improvements, including, but not limited to, the attachment improvement to or of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements (collectively referred to herein as required by Article 7, “alterations”) without (i) the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s Landlord (which consent shall not be unreasonably withheld with respect to alterations which (i) are and Landlord further agrees that Landlord shall not structural in natureraise the basic rent as of condition of such consent), (ii) are not visible from a valid building permit issued by the exterior of the Building, appropriate governmental authority and (iii) do otherwise complying with all applicable laws, regulations and requirements of governmental agencies having jurisdiction and with the rules, regulations and requirements of any board of fire underwriters or similar body. Any alteration made by Tenant (excluding moveable furniture and trade fixtures not affect or require modification of attached to the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (ivPremises) in aggregate do not cost more than $5.00 per rentable square foot of that portion shall at once become a part of the Premises affected and belong to Landlord. Without limiting the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels), air conditioning, partitioning, drapery and carpet installations made by Tenant, regardless of how attached to the Premises, together with all other alterations that have become an integral part of the Project in question.
6.2 In which the event Premises are a part, shall be and become part of the Premises and belong to Landlord upon installation and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of the lease. If Landlord consents to the making of any such alteration, addition or improvement alteration by Tenant, the same shall be made by using either Tenant at its sole risk, cost and expense and only after Landlord’s written approval of any contractor or person selected by Tenant for that purpose (provided that Landlord waives the right to approve such contractor or person if the same is a duly licensed contractor reasonably approved and a valid building permit is issued by the appropriate governmental authority), and the same shall be made at such time and in such manner as Landlord may from time to time designate. Tenant shall, if required by Landlord, in either event secure at Tenant’s cost a completion and lien indemnity bond for such work. Upon the expiration or sooner termination of the term, Landlord may, at is sole option, require Tenant, at Tenant’s sole cost and expense, to promptly both remove any such alteration made by Tenant and designated by Landlord to be removed and repair any damage to the Premises caused by such removal. Any moveable furniture and equipment or trade fixtures remaining on the Premises at the expiration or other termination of the term shall become the property of the Landlord unless promptly removed by Tenant. If Tenant shall employ during the term, and subject to paragraph 7 above, any contractor other than Landlord’s contractor and such other contractor alteration, addition or any subcontractor change of such other contractor shall employ any non-union labor the Premises or supplierthe Project is required by law, Tenant shall be responsible for and hold Landlord harmless from any and all delaysregulation, damages and extra costs suffered by Landlord as a result ordinance or order of any dispute with public or quasi-public authority, Tenant, at its sole cost and expense, shall promptly make the same. If during the term any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed changes to the Common Area or to the Project in which the Premises is located is required by law, regulation, ordinance or order of any public or quasi-public authority, and it is impractical in the Landlord’s judgment for the affected tenants to individually make such alterations, additions or changes, Landlord shall make such alterations, additions or changes and the cost thereof shall be a common area charge and Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in pay its percentage share of such case, and also all such assurances cost to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay provided in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2paragraph 16.
Appears in 2 contracts
Samples: Standard Industrial Lease (Southwall Technologies Inc /De/), Standard Industrial Lease (Southwall Technologies Inc /De/)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made perform, or permit the making or performance of, any alterations, additionsinstallations, or improvements, includingadditions or other physical changes in or about the Leased Premises (referred to collectively as “Alterations”) without Landlord’s prior written consent.,. All plans, but not limited tospecifications and details for such Alterations, and all contractors performing the attachment of any fixtures or equipment in, on, or Alterations are subject to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent approval of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents grants such consent and permits Tenant to the making of any contract out such alterationwork, addition or improvement by Tenant, the same such Alterations shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, and performed in either event conformity with and subject to the following provisions: (i) all Alterations shall be made and performed at Tenant’s sole cost and expense. If expense and at such time and in such manner as Landlord may reasonably from time to time designate; (ii) all Alterations shall be performed by adequately insured contractors approved by Landlord and in a good and workmanlike manner in accordance with all applicable Legal Requirements, and Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for indemnify and hold harmless Landlord harmless from and against any and all delayscosts, expenses, claims, liens and damages and extra costs suffered to person or property resulting from the making of any such alterations, decorations, additions or improvements in or to the Leased Premises or the Building; (iii) no Alteration shall affect any part of the Building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building; (iv) all business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building; (v) Tenant shall submit to Landlord reasonably detailed written plans and specifications for each proposed alteration and shall not commence any such Alteration without first obtaining Landlord’s written approval of such plans and specifications; (vi) all Alterations in or to the electrical facilities in or serving the Leased Premises shall be subject to the provisions of Section 5 relating to exceeding electrical capacity; (vii) notwithstanding Landlord’s approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all Legal Requirements and in accordance with the Rules and Regulations; and (viii) all materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be of good quality. If building or other permits from governmental authorities are required for any dispute with Alterations, Tenant shall obtain such permits and deliver copies thereof to Landlord before work on such Alterations is begun. After any labor unions concerning the wageAlterations are completed, hours, terms or conditions Tenant shall cause all required governmental inspections of the employment of any such labor. In any event Alterations to be made and shall deliver to Landlord may charge Tenant a construction management fee not to exceed five percent (5%) copy of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work inspection report and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment one complete set of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any “as built” plans for such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2Alterations.
Appears in 2 contracts
Samples: Lease Agreement (Comscore, Inc.), Lease Agreement (Comscore, Inc.)
Alterations. 6.1 Except Tenant shall have the sole and complete right and authority, without Landlord’s consent or approval but subject to the provisions contained in any REAs and Overleases relating to alterations, to alter or change each Property Location in any way, including, without limitation, dividing each Property Location (excluding any subdivision of any land) and adding additional signage; provided that (i) Tenant gives Landlord prior written notice of any material alterations, and (ii) at any one time Tenant may not make any proposed structural alterations to any Property Location in excess of Two Million Dollars ($2,000,000) per Lease Year, increased annually based on increases in the CPI (as defined in Section 31.16) (the “Alteration Cap”), without Landlord’s prior written consent, which consent shall not be unreasonably, withheld, conditioned or delayed, it being understood, however, that the refusal or failure of Landlord’s Mortgagee to grant consent (to the extent required and applicable) to the alterations shall be a reasonable basis for those, if any, specifically provided for in Exhibit B Landlord to withhold its consent. For the purposes of this Lease, the term “structural” shall mean the roof, foundation or load-bearing walls of any Building. In addition, Tenant shall not make demolish, replace or suffer to be made materially alter any alterations, additions, structural or improvements, including, but not limited to, the attachment non-structural portions of any fixtures Building or equipment inany other improvements located on a Property Location, on, or to the Premises or any part thereof thereof, or make any addition thereto, whether voluntary or in connection with a repair or Restoration (as defined in Section 14.01) required by this Lease (collectively, the making “Capital Improvement”), unless Tenant shall comply with the following requirements:
(a) Each Capital Improvement, when completed, shall be of such a character as not to materially reduce the value of the applicable Property Location below its value immediately before construction of such Capital Improvement was commenced;
(b) Each Capital Improvement shall be made with reasonable diligence (subject to Force Majeure) and in a good and workmanlike manner and in compliance with all applicable permits and authorizations and, as applicable, any of the REAs and Overleases. No Capital Improvement shall impair the safety or structural integrity of the applicable Building;
(c) In connection with the construction of any improvements as Capital Improvement, the applicable Property Location and the assets of Landlord shall (subject to the provisions of Article 26) at all times be free of liens for work, services, labor and materials supplied or claimed to have been supplied to the applicable Property Location;
(d) No structural Capital Improvement shall be undertaken without obtaining the insurance required by Article 7Section 6.01 hereof, and “all risk” builder’s risk property insurance for the full replacement cost of the subject Capital Improvement on a completed value basis;
(e) No Capital Improvement shall be undertaken until Tenant shall have procured and paid for, insofar as the same may be required from time to time, all permits and authorizations of all governmental authorities for such Capital Improvement. Landlord shall join in the application for such permit or authorization and cooperate with Tenant and execute any additional documents as may be necessary to allow Tenant to complete the alterations and changes, provided it is made without the prior written consent of cost, liability, obligation or expense to Landlord. When applying for such consentTenant agrees that it will defend, Tenant shall, if requested by Landlord, furnish complete plans indemnify and specifications for such alterations, additions hold harmless the Landlord Indemnified Parties from and improvements. Landlord’s consent against any and all Losses arising from or related to construction of any Capital Improvements and any failure to comply with the requirements in connection with a Capital Improvement as described in this Section;
(f) All Capital Improvements shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion deemed a part of the Premises affected by and, except as set forth in Section 7.02, belong to Landlord at the alterations in question.
6.2 In expiration or early termination of the event Landlord consents to the making of any such alterationTerm, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor execute and deliver to Landlord such other contractor or any subcontractor instruments as Landlord may require to evidence the ownership by Landlord of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord Capital Improvements; and
(g) Excluding Capital Improvements required as a result of any dispute condemnation or casualty or required to comply with Legal Requirements, the maximum costs of Capital Improvements that are not substantially complete or not fully paid for by Tenant, at any labor unions concerning one time, shall not exceed Thirty Million Dollars ($30,000,000), increased annually based on increases in the wage, hours, terms or conditions CPI. Upon completion of the employment of any such labor. In any event Capital Improvements, Tenant shall promptly provide Landlord may charge Tenant a construction management fee not to exceed five percent with (5%1) of an architect’s certificate certifying that the cost Capital Improvements have been completed in conformity with the plans and specifications therefor (if the alterations are of such work to cover its overhead a nature as it relates to would customarily require the issuance of such proposed workcertificate from an architect), plus third-party costs actually incurred by Landlord in connection with (2) a certificate of occupancy (if the proposed work and alterations are of such a nature as would require the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicableissuance of a certificate of occupancy under applicable Laws), and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall (3) any other documents or information reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at requested by Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Master Lease (Spirit Finance Corp), Master Lease (Spirit Finance Corp)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make alterations, repairs, additions or suffer improvements or install any Cable (collectively referred to as “Alterations”) in the Premises, without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. “Cable” shall mean and refer to any electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant or any party acting under or through Tenant. Prior to starting work on any Alterations, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may reasonably designate specific contractors with respect to Base Building, as may be described more fully below, and provided further that it shall be reasonable for Landlord to require any contractor or subcontractor performing work on or about the Premises or Building to employ union labor and any construction manager utilized by Tenant to be made a union-associated construction manager); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming as additional insureds the Landlord, the managing agent for the Building, and such other Additional Insured Parties (as defined in Section 13) as Landlord may designate for such purposes; and any alterationssecurity for performance in amounts reasonably required by Landlord (except that Landlord may only require such security for any Alterations the cost of which is estimated to exceed $250,000.00 and Landlord shall not require any security for the Initial Tenant Work). All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, additionssuite number, or improvements, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the attachment electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Material changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration adversely affects any Building system or Landlord’s ability to perform its obligations hereunder. Tenant shall reimburse Landlord for any third-party expenses incurred by Landlord in connection with the review, inspection, and coordination of Tenant’s plans for Alterations and Tenant’s performance thereof, and pay to Landlord or its managing agent a fee for Landlord’s administrative oversight and coordination of any fixtures or equipment in, on, or non-Cosmetic Alterations equal to 2% of the Premises or any part thereof or the making hard costs of any improvements as required by Article 7, without the prior written consent of Landlordsuch non-Cosmetic Alterations. When applying for such consentUpon completion, Tenant shallshall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, furnish complete plans customary AIA completion affidavits, full and specifications final waivers of lien, and any applicable certificate of occupancy for the space affected by such alterationsAlterations. Landlord’s approval of an Alteration shall not be deemed to be a representation by Landlord that the Alteration complies with Law or will not adversely affect any Building system. If any Alteration requires any change to the Base Building, additions any Building system, or any Common Area, then such changes shall be made at Tenant’s sole cost and improvementsexpense and performed, at Landlord’s election, either by Tenant’s contractor or a contractor engaged by Landlord. Notwithstanding the foregoing, Landlord’s consent shall not be unreasonably withheld with respect to alterations which required for any Alteration that satisfies all of the following criteria (ia “Cosmetic Alteration”): (a) are not structural in natureis of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (iib) are is not visible from the exterior of the Premises or Building, ; (iiic) do will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or require modification above the ceiling of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same Premises. Cosmetic Alterations shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor subject to all the other than Landlord’s contractor and such other contractor or any subcontractor provisions of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premisesthis Section 8.03, to the extent required under Section 26.2applicable thereto.
Appears in 2 contracts
Samples: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, (a) Tenant shall will not make or suffer to be made any alterations, additionsadditions or improvements in excess of $1,000, excluding the initial Tenant Improvements, (collectively "Alterations") to or upon the Premises, Building, or improvementsany part thereof, including, but not limited to, the attachment of or attach any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7thereto, without the prior first obtaining Landlord's written consent of Landlord. When applying for such consentapproval, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent which shall not be unreasonably withheld with respect or delayed. Any Alterations to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of upon the Premises affected shall be made by the alterations in question.
6.2 In the event Landlord consents Tenant at Tenant's sole cost and expense and any contractor selected by Tenant to the making of any such alteration, addition or improvement by Tenant, make the same shall be subject to Landlord's reasonable prior written approval. All such Alterations permanent in character, made in or upon the Premises either by using either Landlord’s contractor Tenant or a contractor reasonably approved by Landlord, in either event may at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than the option of Landlord’s contractor and such other contractor , become Landlord's property and, at the end of the term or any subcontractor extension hereof, shall remain on the Premises without compensation to Tenant unless Landlord requests that Tenant remove any such Alterations. Notwithstanding the above, Tenant's work stations and other items of personal property shall remain Tenant's property.
(b) Any Alterations shall, when completed, be of such other contractor shall employ any non-union labor a character as not to lessen the value of the Premises or supplier, Tenant such improvements as may be then located thereon. Any Alterations shall be responsible for made promptly and hold Landlord harmless from any in a good workmanlike manner and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, compliance with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance applicable permits and authorizations and building and zoning laws and with all government other laws, ordinances, rules orders, rules, regulations and regulationsrequirements of all federal, using Building standard materials where applicablestate and municipal governments, departments, commissions, boards and Tenant shalloffices. The costs of any such Alterations shall be paid by Tenant, prior so that the Premises be free of liens for services performed, labor and material supplied or claimed to constructionhave been supplied. Before any Alterations shall be commenced, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable premiums on insurance policies (provided for herein) or ensure adequate coverage is in place for all risks related to any the construction of such alteration, addition or improvement for so long, during Alterations and the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost increased value of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Commercial Lease (Medcross Inc), Commercial Lease (Medcross Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, 8.1 Save as set out below the Tenant shall not not, other than in relation to the Tenant’s Works:
8.1.1 alter or interfere with any part of the Building and/or the Retained Property;
8.1.2 make any addition or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or alteration to the Premises unless permitted by this Clause;
8.1.3 alter or interfere with the operation of any Conduits and/or Facilities which serve any part thereof or of the making of any improvements as required by Article 7, Retained Property without the prior written consent of the Landlord in the Landlord. When applying for such consent, ’s absolute discretion.
8.2 The Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, shall not other than in relation to the Tenant’s Works:
8.2.1 erect any new building or structure on the Premises; and/or
8.2.2 make structural alterations or additions and improvements. to the Building;
8.2.3 make an Internal Alteration which is not permitted without the Landlord’s consent pursuant to Clause 8.3 without in each such case the Landlord’s prior written consent in the Landlord’s absolute discretion.
8.3 The Tenant may without the consent of the Landlord make an Internal Alteration without requiring the Landlord’s consent provided that:
8.3.1 the Tenant shall provide full details in writing to the Landlord of such internal non-structural alterations and/or non-structural demountable partitioning prior to commencing such work or internal demountable partitioning; and
8.3.2 it does not interfere with the operation of any Conduits and/or Facilities (if any) which serve any part of the Retained Property, and for the avoidance of doubt any partitioning installed by the Tenant shall be unreasonably withheld with respect and remain a tenant’s fixture for all purposes of the Lease.
8.4 The Landlord may before giving any consent under this Clause require:
8.4.1 the submission to alterations which (i) are the Landlord of drawings and specifications showing the proposed alteration; and
8.4.2 the execution of such licence to carry out the proposed alteration as the Landlord may reasonably require.
8.5 For the avoidance of doubt the Tenant is not structural in nature, (ii) are not visible from the exterior permitted to place any satellite dishes on any part of the Building, (iii) do not affect or require modification other than a maximum of seven satellite dishes each with a maximum diameter of 90 cm, provided always that any such satellite dishes must be located on the fifth floor of the BuildingBuilding to be built as part of the Tenant’s electrical, mechanical, plumbing, HVAC or other systemsWorks, and (iv) in aggregate do must not cost more than $5.00 per rentable square foot of be visible from ground level, and provided always that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord if reasonable in connection with the proposed work Retained Property (whether related to development or any other matter) on giving the Tenant not less than 3 months’ notice require the removal of all and the design thereof, with all any of such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and satellite dishes from the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in relocation of the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.Block B.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (InterXion Holding N.V.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any no structural alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or improvements to the Premises or any part thereof or the making of any improvements as required by Article 7, without the express prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s Landlord which consent shall not be unreasonably withheld with respect or delayed, except that Tenant may alter any wall that is not of a load-bearing nature without the consent of Landlord. Tenant may make non-structural changes and modifications to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 without Landlord's approval. In the event Landlord consents has not responded to the making Tenant's written request for alterations within fifteen (15) days of any when received, such alteration, addition or improvement by Tenant, the same alteration shall be made by using either Landlord’s contractor or a contractor reasonably deemed to have been approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold agrees to save Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result on account of any dispute with any labor unions concerning the wageclaim or lien of mechanics, hoursmaterialmen or other party, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All any alterations, additions or improvements proposed of or to the Premises performed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liensTenant. Tenant shall pay in addition furnish such waivers of liens and appropriate affidavits from the general contractor or subcontractors as Landlord may reasonably request. Notwithstanding the foregoing, Tenant shall also be entitled to make the following changes without necessity of Landlord's consent: (i) any sums due alterations required to be made by it pursuant to Article 4governmental orders, rules, laws, regulations, ordinances or requirements, and (ii) any increase changes in real estate taxes attributable its signage (provided such are in compliance with local ordinances and any restrictive covenants affecting the Premises) or those recommended or required by the automobile manufacturer whose automobiles are sold on the Premises. Tenant shall have the right to finance any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements permitted hereunder and restoring the Premisesmay pledge its interest in this Lease as security therefor; provided, however, that any liens granted in connection with such financings shall be subordinate to the extent required rights of Landlord under Section 26.2this Lease.
Appears in 2 contracts
Samples: Lease Agreement (United Auto Group Inc), Lease Agreement (United Auto Group Inc)
Alterations. 6.1 Except Tenant shall make no alterations, additions or improvements to the Premises (whether structural or nonstructural) without Landlord's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned. If any alteration, addition or improvement is made by Tenant without such consent, Landlord shall have the right to require Tenant to remove the same at any time during the Term. If Tenant shall request Landlord's consent for thoseany alterations, if anyadditions or improvements, specifically provided then Tenant shall submit detailed plans, specifications and an itemized budget for making such alterations, additions or improvements. Landlord may impose any conditions to any consent as Landlord shall in Exhibit B its discretion deem to this Leasebe necessary or advisable, including without limitation the hours when work may be performed. Any approved alteration, addition or improvement shall be made only by contractors or mechanics approved by both Tenant and Landlord. Tenant shall provide Landlord with as-built plans and specifications for any alterations, additions or improvements. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations, permits and requirements of any insurance rating bureau used by insurers selected to carry Landlord's insurance, and of any similar body. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use on the Premises, which claims are or may be secured by any mechanics or materialmen's lien against the Premises or any interest therein. If Tenant shall, in good faith, contest the validity of any such lien, claim or demand, then Tenant shall, at its sole expense defend and protect itself, Landlord, and the Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Landlord or the Premises. Before commencing any work, Tenant shall not make or suffer give Landlord at least five business (5) days' written notice of the proposed commencement of such work and shall, if required by Landlord, secure at Tenant's own cost and expense, a completion and lien indemnity bond satisfactory to Landlord for said work and such other comprehensive general public liability insurance, builders risk insurance, and other such insurance coverages so as to protect the insurable interests of Landlord, Tenant, contractors and subcontractors in amounts and on forms as may be made any alterationsrequested by Landlord. Landlord may enter upon the Premises, additionsin such case, or improvementsfor the purpose of posting appropriate notices, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2nonresponsibility.
Appears in 2 contracts
Samples: Office Building Lease (Convera Corp), Office Building Lease (Convera Corp)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s 's consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s 's electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s 's contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s 's sole cost and expense. If Tenant shall employ any contractor other than Landlord’s 's contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s 's demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s's, materialmen’s 's or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s 's election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Lease Agreement (Dpac Technologies Corp), Lease (Limelight Networks, Inc.)
Alterations. 6.1 Except for thoseTenant may, if anyfrom time to time, specifically provided for at its expense, make alterations or improvements in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or and to the Premises or any part thereof or (hereinafter collectively referred to as “Alterations”), provided that Tenant first obtains the making of any improvements as required by Article 7, without the prior written consent of Landlord, except that Tenant does not have to request Landlord’s consent for any Alterations that are purely cosmetic and non-structural, and cost less than $50,000.00 per project. When applying for All of the following shall apply with respect to all Alterations: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property shall not be affected and the usage of such consentsystems by Tenant shall not be increased; and (d) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations. Additionally, before proceeding with any Alterations, Tenant shallshall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) if requested by Landlord’s consent is required for the planned Alteration, submit to Landlord, furnish complete for its written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such alterationsAlterations until it has received Landlord’s approval (if required); and (iii) cause those contractors, additions materialmen and improvementssuppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance and workers’ compensation insurance. Such insurance policies shall satisfy all obligations imposed under Section 10.2. Tenant shall cause the Alterations to be performed in compliance with all applicable permits, Laws and requirements of public authorities, and with Landlord’s reasonable rules and regulations or any other restrictions that Landlord may impose on the Alterations. Tenant shall cause the Alterations to be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the standards for the Property established by Landlord. With respect to any and all Alterations for which Landlord’s consent is required, Tenant shall provide Landlord with “as built” plans (upon completion), copies of all construction contracts, governmental permits and certificates and proof of payment for all labor and materials, including, without limitation, copies of paid invoices and final lien waivers. If Landlord’s consent to any Alterations is required, and Landlord provides that consent, then at the time Landlord so consents, Landlord shall also advise Tenant whether or not be unreasonably withheld with respect Landlord shall require that Tenant remove such Alterations at the expiration or termination of this Lease. If Landlord requires Tenant to alterations which (i) are not structural in natureremove the Alterations, (ii) are not visible from then, during the exterior remainder of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplierTerm, Tenant shall be responsible for the maintenance of appropriate commercial property insurance (pursuant to Section 10.2) therefor; however, if Landlord shall not require that Tenant remove the Alterations, such Alterations shall constitute Landlord’s Property (defined below) and hold Landlord harmless from any and all delaysshall be responsible for the insurance thereof, damages and extra costs suffered by pursuant to Section 10.2. Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may shall not charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed workany oversight, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereofmanagement, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s administrative or other liens. Tenant shall pay in addition to fee for any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition Alterations or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost approvals of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2Alterations.
Appears in 2 contracts
Samples: Industrial Building Lease, Industrial Building Lease (Clearfield, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, (a) Tenant shall not make any alterations to or suffer to modifications of the Premises or construct any improvements within the Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be made any alterationswithheld in Landlord's sole discretion. All such modifications, additions, alterations or improvements, includingonce so approved, but not limited toshall be made, the attachment of any fixtures constructed or equipment ininstalled by Tenant at Tenant's expense (including all permit fees and governmental charges related thereto), on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested using a licensed contractor first approved by Landlord, furnish complete in substantial compliance with the Landlord-approved plans and specifications for such alterations, additions therefor. All work undertaken by Tenant shall be done in accordance with all Laws and improvementsin a good and workmanlike manner using new or like-new materials of good quality. Landlord’s consent Tenant shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to commence the making of any such alteration, addition modifications or improvement by Tenant, alterations or the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment construction of any such labor. In any event improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five business days prior written notice of its intention to commence such work so that Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work post and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, file notices of non-responsibility, waivers and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Paragraph 20. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’sincluding, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4without limitation, any increase cuts or penetrations in the floor, roof or exterior walls of the Premises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like.
(b) All modifications, alterations and improvements made or added to the Premises by Tenant (other than Tenant's inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real estate taxes attributable to any such alterationproperty and a part of the Premises, addition or improvement for so long, but shall remain the property of Tenant during the TermLease. Any such modifications, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, once completed, shall not be altered or removed from the Premises during the Lease Term without Landlord's written approval first obtained in accordance with the provisions of Paragraph 14(a) above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant's inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Premises as required pursuant to Paragraph 7, unless Landlord shall require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost remove any of removing such modifications, alterations or improvements in accordance with the provisions of Paragraph 7, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Premises by Landlord and/or at Landlord's expense shall be deemed real property and restoring a part of the Premises and shall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Premises and not trade fixtures of Tenant.
(c) Tenant shall make all modifications, alterations and improvements to the Premises, at its sole cost, that are required by any Law because of (i) Tenant's use or occupancy of the Premises, the Building, the Common Areas or the Property, (ii) Tenant's application for any permit or governmental approval, or (iii) Tenant's making of any modifications, alterations or improvements to or within the Premises. If Landlord shall, at any time during the Lease Term, be required by any governmental authority to make any modifications, alterations or improvements to the extent required under Section 26.2Building or the Property, the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the greater of (a) 12%, or (b) the sum of that rate quoted by Xxxxx Fargo Bank, N.T. & S.A. from time to time as its prime rate, plus two percent (2%) ("Xxxxx Prime Plus Two"), shall be amortized by Landlord over the useful life of such modifications, alterations or improvements, as determined in accordance with generally accepted accounting principles, and the monthly amortized cost of such modifications, alterations and improvements as so amortized shall be included in Operating Expenses.
Appears in 2 contracts
Samples: Office Lease (Maker Communications Inc), Office Lease (Maker Communications Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or improvements to the Premises or install any part thereof Cable in the Premises or other portions of the making of any improvements Building (collectively referred to as required by Article 7, “Alterations”) without first obtaining the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheld or delayed. When applying for such consentHowever, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which required for any Alteration that satisfies all of the following criteria (ia “Cosmetic Alteration”): (1) are not structural in natureis of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (ii2) are is not visible from the exterior of the Premises or Building; (3) will not affect the systems or structure of the Building; (4) does not require work to be performed inside the walls or above the ceiling of the Premises; and (5) the cost is not in excess of $50,000.00 in any one calendar year. However, even though consent is not required, the performance of Cosmetic Alterations shall be subject to all the other provisions of this Section IX.C. Prior to starting work, Tenant shall furnish Landlord with plans and specifications reasonably acceptable to Landlord; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Building systems provided that if such contractors are affiliated or related to Landlord or its affiliates then such contractors must charge competitive market rates); copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord; and any security for performance that is reasonably required by Landlord (provided that no security shall be required for the Tenant Improvements). Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality that is at least equal to the quality reasonably designated by Landlord as the minimum standard for the Building. Landlord may designate reasonable rules, regulations and procedures for the performance of work in the Building and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when Alterations may be performed. Tenant shall reimburse Landlord within 30 days after receipt of an invoice for reasonable and actual sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations; provided that (i) “third-party examination” shall not include review by Landlord’s property manager, (ii) plans shall not be sent for third party review unless Landlord’s property manager reasonably determines that it does not have the internal expertise to review a certain component of the plans (e.g., without limitation, review requiring expertise of a structural engineer) (iii) do not affect in the event the cost of such third party review would in Landlord’s reasonable estimation exceed $1,500, Landlord will notify Tenant in sufficient time so that the approval request for an Alteration may be modified or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, withdrawn; and (iv) in aggregate do this sentence shall not cost more than $5.00 per rentable square foot of that portion of be applicable to the Premises affected initial Tenant Improvements (which shall insteadbe governed by the alterations in question.
6.2 Work Letter attached hereto as Exhibit D). In the event addition, within 30 days after receipt of an invoice from Landlord, Tenant shall pay Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either a fee for Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost oversight and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor coordination of such other contractor shall employ any non-union labor or supplierCosmetic Alterations equal to 5% of the permitted cost of the non-Cosmetic Alterations; provided that no such fee shall be due for the initial Tenant Improvements. Upon completion, Tenant shall be responsible furnish “as-built” plans (except for Cosmetic Alterations), completion affidavits, full and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, final waivers of lien, surety company performance bonds lien and funded construction escrows receipted bills covering all labor and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liensmaterials. Tenant shall pay assure that the Alterations comply with (i) all Laws and (ii) all insurance requirements set forth in addition this Lease and/or provided to any sums due pursuant to Article 4, any increase Tenant in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at writing from Landlord’s election said sums insurers. Landlord’s approval of an Alteration shall not be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated representation by Landlord as sufficient to cover that the cost of removing such alterations Alteration complies with applicable Laws or improvements and restoring the Premises, to the extent required under Section 26.2will be adequate for Tenant’s use.
Appears in 2 contracts
Samples: Office Lease Agreement (Collegium Pharmaceutical, Inc), Office Lease Agreement (Collegium Pharmaceutical Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, (a) Tenant shall not make make, or suffer permit to be made made, any alterations, additionsadditions or improvements (“Alterations”) to the Premises, or improvementsany part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an Alteration to the Premises. Any Alterations to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any Alterations, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent.
(b) All Alterations, including, but not limited to, the attachment of any fixtures or equipment inheating, onlighting, or to the Premises or any electrical, air conditioning, fire extinguishers, lighting fixtures, ballasts, light globes, and tubes, hot water heaters, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all property that has become an integral part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification shall at once be and become the property of the Building’s electrical, mechanical, plumbing, HVAC or other systemsLandlord, and shall not be deemed trade fixtures, but are subject to removal as provided herein.
(ivc) in aggregate do Tenant shall not cost more than $5.00 per rentable square foot of that portion of be required to remove the Tenant Improvements from the Premises affected by at the alterations in question.
6.2 In the event Landlord consents to the making expiration or sooner termination of any such alterationthis Lease, addition or improvement by Tenant, the same nor shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless required to remove any Alterations from any and all delays, damages and extra costs suffered by Landlord as a result the Premises at the expiration or sooner termination of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereofthis Lease unless, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable respect to any such alterationAlterations, addition or improvement for so long, during (i) Landlord notified Tenant in writing at the time of Landlord’s consent to any such Alterations that Tenant would be required to remove such Alterations from the Premises at the expiration of the Term, as or (ii) Tenant made such increase is ascertainable; at Alterations to the Premises without Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its prior written consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing where such alterations or improvements and restoring the Premises, to the extent required under Section 26.2consent is required.
Appears in 2 contracts
Samples: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)
Alterations. 6.1 Except for thoseTenant may, if anyfrom time to time, specifically provided for at its expense, make alterations or improvements in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or and to the Premises or any part thereof or (hereinafter collectively referred to as “Alterations”), provided that Tenant first obtains the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s which consent shall not be unreasonably withheld or delayed. All of the following shall apply with respect to alterations all Alterations: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) subject to the modifications approved by Landlord in writing to the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”) which are part of the Tenant Improvements, the proper functioning of the HVAC, sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; and (e) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) are not structural in natureat Tenant’s reasonable expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) are if Landlord’s consent is required for the planned Alteration, submit to Landlord, for its written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not visible from the exterior of the Buildingproceed with such Alterations until it has received Landlord’s approval (if required), which approval shall not be unreasonably withheld or delayed; and (iii) do cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2. Tenant shall cause the Alterations to be performed in compliance with all applicable permits, Laws and requirements of public authorities, and with Landlord’s reasonable, non-discriminatory rules and regulations or any other reasonable restrictions that Landlord may impose on the Alterations. Tenant shall cause the Alterations to he diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the standards for the Property reasonably established by Landlord. Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, governmental permits and certificates and proof of payment for all labor and materials, including, without limitation, copies of paid invoices and final lien waivers. If Landlord’s consent to any Alterations is required, and Landlord provides that consent, then at the time Landlord so consents, Landlord shall also advise Tenant whether or not affect Landlord shall require that Tenant remove such Alterations at the expiration or require modification termination of this Lease. If Landlord requires Tenant to remove the Alterations, then, during the remainder of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplierTerm, Tenant shall be responsible for the maintenance of appropriate commercial property insurance (pursuant to Section 10.2) therefor; however, if Landlord shall not require that Tenant remove the Alterations, such Alterations shall constitute Landlord’s Property and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning shall be responsible for the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design insurance thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.210.1.
Appears in 2 contracts
Samples: Industrial Building Lease (Insys Therapeutics, Inc.), Industrial Building Lease (Insys Therapeutics, Inc.)
Alterations. 6.1 Except for thoseTenant will not paint, if anydecorate or change the architectural treatment of any part of the exterior of the Premises or construct any changes to the interior of the Premises, specifically provided for in Exhibit B to this Leasewithout Landlord’s prior written approval thereto, and will promptly remove any paint, decoration, alteration, addition or changes applied or installed without Landlord’s approval or take such other action with respect thereto as Landlord directs. Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by changes to the Premises. Tenant may, at its own cost and expense erect shelves, bins, racks and removable (i.e., not attached to the realty) trade fixtures (collectively “Trade Fixtures”) in the ordinary course of its business provided such items do not alter the basic character of the Premises, do not damage the Premises, may be removed without injury to the Premises and the construction, erection and installation thereof complies with all legal requirements and other provisions of this Lease. If Landlord grants consent to any requested alterations, the alterations shall be constructed performed in a good, workmanlike and lien free manner in accordance with all government laws, ordinances, rules applicable legal requirements and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to any restrictions which may be imposed by Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations consent. All alterations, changes, additions and all leasehold improvements made by Tenant or improvements, require Tenant to deposit with Landlord the amount reasonably estimated made by Landlord on Tenant’s behalf and all fixtures installed by Tenant which are not Trade Fixtures are herein collectively referred to as sufficient “Tenant Additions”, and shall be the property of Landlord. Such Tenant Additions shall not be removed by Tenant on, before or following expiration or termination of the Lease without Landlord’s consent except as may be required pursuant to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.227.1.
Appears in 2 contracts
Samples: Standard Industrial Lease (TWC Holding Corp.), Standard Industrial Lease (Wornick CO Right Away Division, L.P.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall may not make any improvement, alteration, addition or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or change to the Premises or to any part thereof mechanical, plumbing or HVAC facilities or other systems serving the making Premises (an “Alteration”) without Landlord’s prior consent, which consent shall be requested by Tenant not less than 30 days before commencement of any improvements as required work and shall not be unreasonably withheld, conditioned or delayed by Article 7, without the prior written consent of Landlord. When applying Notwithstanding the foregoing, Landlord’s prior consent shall not be required for such consentany Alteration that is decorative only (e.g., carpet installation or painting) provided that Landlord receives 10 business days’ prior notice. For any Alteration, (a) Tenant, before commencing work, shall deliver to Landlord, and obtain Landlord’s approval of, plans and specifications (provided, however, that with respect to decorative Alterations, Tenant shallshall be permitted to satisfy this requirement by delivering a general description of the proposed work, in lieu of plans and specifications); (b) except in connection with an Alteration reasonably estimated to cost less than $50,000.00, Landlord, in its discretion, may require Tenant to obtain security for performance satisfactory to Landlord; (c) Tenant shall deliver to Landlord “as built” drawings (in CAD format, if requested by Landlord; provided, furnish complete plans and specifications for however, that such alterations, additions and improvements. Landlord’s consent as-built drawings shall not be unreasonably withheld with respect to alterations which required for decorative Alterations), completion affidavits, full and final lien waivers, and all governmental approvals; and (d) Tenant shall pay Landlord within 15 days after Tenant receives a demand (i) are not structural Landlord’s reasonable out-of-pocket expenses incurred in naturereviewing the work, and (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents a coordination fee equal to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) % of the cost of such work to cover its overhead as it relates to such proposed the work; provided, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereofhowever, with all such amounts being due five that this clause (5d) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition apply to any sums due pursuant to Article 4, any increase in real estate taxes attributable Tenant Improvements nor to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2decorative Alteration.
Appears in 2 contracts
Samples: Office Lease (Extend Health Inc), Office Lease (Extend Health Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Leaseany Permitted Alterations (as defined below), Tenant shall not make or suffer to be made any alterations, additions, or improvements, includingor installations to the Premises, but not limited to, the attachment of or attach any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7thereto, without the prior written consent of Landlord, which shall not be unreasonably withheld or delayed. When applying Any request by Tenant to make any such alterations or additions shall in each instance be accompanied by plans and specifications for such consentalterations and additions in such detail as Landlord shall reasonably require and prepared by an architect/engineer designated by Landlord. Unless otherwise agreed, all such approved alterations and other improvements shall be made by Landlord at Tenant’s sole expense and shall become the property of Landlord and be surrendered with the Premises upon the expiration of this Lease. However, Landlord may, at Landlord’s option and by written notice at the time such alteration, improvement, decoration or furnishing is approved, require Tenant to remove any or all such alterations, improvements (other than the initial Tenant Improvements), decorations, and furnishings pursuant to this Article only, and repair any damage to the Premises resulting from such alterations, upon the expiration or earlier termination of this Lease. All construction work done by Tenant within the Premises shall be performed in good and workmanlike manner, in accordance with the plans and specifications approved by Landlord, in compliance with all governmental requirements, and in such a manner as to cause a minimum of interference with other tenants in the Building. Tenant agrees to indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish complete a bond or other security satisfactory to Landlord against any such loss, liability or damage. Notwithstanding the foregoing, Tenant shall have the right to make non-structural, non-MEP (mechanical, electrical, plumbing) alterations without the consent of Landlord (“Permitted Alterations”), so long as (i) Tenant notifies Landlord in writing of its intention to do such work at least ten (10) days prior to the initiation of such work, (ii) Tenant provides to Landlord a copy of plans and specifications for such alterationswork, additions a construction schedule and improvements. a list of contractors and subcontractors, which shall be subject to Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in naturereasonable approval, (iiiii) such alterations do not cause excessive loads on the Building and its systems and are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systemsPremises, and (iv) in aggregate do Tenant obtains and furnishes to Landlord required building permits and certificates of occupancy, if any are required. At the time of Landlord’s review of Tenant’s plans and specifications for Permitted Alterations, Landlord will notify Tenant whether or not cost more than $5.00 per rentable square foot any of that portion such Permitted Alterations must be removed at the expiration or termination of the Premises affected by the alterations in questionTerm.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Standard Industrial Lease Agreement, Standard Industrial Lease (Wells Real Estate Investment Trust Ii Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any no alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or improvements to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord, which consent may be given or withheld in Landlord's sole discretion. When applying for such consentNotwithstanding the foregoing, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent Landlord shall not be unreasonably withheld with respect withhold its consent to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment Premises which cost less than One Dollar ($1.00) per square foot of the costs thereofimproved portions of the Premises (excluding warehouse square footage) and do not (i) affect the exterior of the Building or outside areas (or be visible from adjoining sites), or (ii) affect or penetrate any of the structural portions of the Building, including but not limited toto the roof, notices or (iii) require any change to the basic floor plan of non-responsibilitythe Premises, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition change to any sums due pursuant structural or mechanical systems of the Premises, or any governmental permit as a prerequisite to Article 4the construction thereof, or (iv) interfere in any increase in real estate taxes attributable manner with the proper functioning of or Landlord's access to any such alterationmechanical, addition electrical, plumbing or improvement for so longHVAC systems, during facilities or equipment located in or serving the TermBuilding, as such increase is ascertainable; at Landlord’s election said sums shall be paid in or (v) diminish the same way as sums due under Article 4value of the Premises. Landlord maymay impose, as a condition to its consent consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, all covenants, conditions and restrictions affecting the Project, and the Rules and Regulations (hereafter defined). If any governmental entity requires, as a condition to any particular alterations proposed alterations, additions or improvementsimprovements to the Premises by Tenant, that improvements be made to the Common Areas, and if Landlord consents to such improvements to the Common Areas, then Tenant shall, at Tenant's sole expense, make such required improvements to the Common Areas in such manner, utilizing such materials, and with such contractors (including, if required by Landlord, Landlord's contractors) as Landlord may require in its sole discretion. Under no circumstances shall Tenant make any improvement which incorporates any Hazardous Materials, including without limitation asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant, require Tenant to deposit with Landlord remove by the amount reasonably estimated Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord as sufficient at Tenant's request and to cover the cost of removing such alterations or improvements and restoring the Premises, repair any damage to the extent required under Section 26.2Premises arising from that removal. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises for Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.
Appears in 2 contracts
Samples: Industrial Lease (Dental Medical Diagnostic Systems Inc), Industrial Lease (Phoenix Technologies LTD)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, (a) Landlord’s Consent. Tenant shall not make or suffer to be made any alterations, additions, installations, substitutes or improvementsimprovements (“Alterations”) in and to the Property, Building, Premises and/or the Additional Property for Parking without first obtaining Landlord’s written consent, not to be unreasonably withheld. Without limiting the foregoing, Alterations shall include wiring, cabling and related installations for telephone, computer, voice data and other office systems. Landlord shall not unreasonably withhold, condition or delay its consent; provided, however, that Landlord shall have no obligation to consent to Alterations that could affect any structure on the Property, Building, Premises and/or Additional Property for Parking Building or that would violate the certificate of occupancy for the Property, Building, Premises and Additional Property for Parking or any applicable law, code or ordinance or the terms of any superior lease or mortgage affecting the Property, Building, Premises and Additional Property for Parking or that would increase the rate of insurance for the Property, Building, Premises and Additional Property for Parking or would adversely affect any Building system, including, but not limited to, the attachment of any fixtures mechanical, electrical, heating, ventilation or equipment inair conditioning system, onfire protection system, or other system serving the Building (collectively, “Building Systems”). No consent given by Landlord shall be deemed as a representation or warranty that such Alterations comply with laws, regulations and rules applicable to the Premises or any part thereof or the making of any improvements as required by Article 7Property, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, Premises and Additional Property for Parking (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems“Laws”), and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be solely responsible for compliance therewith. Tenant shall pay Landlord’s reasonable costs of reviewing or inspecting any proposed Alterations and hold Landlord harmless from any and all delays, damages and extra other costs suffered that may be incurred by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demandAlterations.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Office & Parking Lease (Eargo, Inc.), Office & Parking Lease (Eargo, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, 5.2.1 Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or alterations to the Premises that affect the structure of the Building or any part thereof Building system (electrical, plumbing, mechanical or the making of life safety), or install any improvements as required by Article 7, wall or floor covering without the Landlord's prior written consent of Landlordwhich may be withheld in Xxxxxxxx's sole discretion. When applying for such consent, Tenant shall, if With respect to any other alteration requested by Xxxxxx, Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s 's consent shall not be unreasonably withheld withheld. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with respect to a contractor approved by Landlord for the construction of such alterations (which (i) are contractor shall provide Landlord with such certificates of insurance as Landlord shall reasonably require, which certificates of insurance shall name both Landlord and Landlord's property manager as additional insureds), shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with the plans and specifications approved by Landlord. All such construction shall be performed in a manner which will not structural in nature, (ii) are not visible from interfere with the exterior quiet enjoyment of other tenants of the Building. Any such alterations, (iii) do not affect wiring, cables, or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion conduit installed by Tenant shall at once become part of the Premises affected and belong to Landlord except for removable machinery and unattached movable trade fixtures and attached lab equipment. Landlord may at its option require that Tenant remove any alterations, wiring, cables or conduit installed by or for Tenant and restore the alterations in question.
6.2 In the event Landlord consents Premises to the making original condition upon termination of any such alteration, addition or improvement this Lease. Landlord shall have the right to post notices of non-responsibility in connection with work being performed by Tenant, Xxxxxx in the same shall be made Premises. Work by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, comply with all laws then applicable to the Premises. Tenant shall be responsible for and hold Landlord harmless from not allow any and all delays, damages and extra costs suffered by Landlord liens to attach to the Building or Tenant's interest in the Premises as a result of its activities or any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such laboralterations. In any event Landlord may charge Tenant a construction management fee not perform alterations to exceed five percent (5%) or change the configuration of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against other common areas.
5.2.2 Throughout the term of the Lease and notwithstanding the provisions of Section 18 below, Landlord shall have a continuing right (but shall not be obligated) to make alterations and/or improvements to the common areas and any loss from other portions of the Building for any mechanic’spurposes that Landlord deems necessary, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4its reasonable business judgment, any increase in real estate taxes attributable to any such alterationincluding, addition or improvement for so longwithout limitation, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements that will affect the operation, design, use or aesthetic of the Building. Landlord shall make reasonable efforts to complete all such alterations and restoring the Premisesimprovements so as to minimize, to the extent required under Section 26.2feasible, disturbance to Tenant.
Appears in 2 contracts
Samples: Office Lease (AbSci Corp), Office Lease (AbSci Corp)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make any alterations, additions or suffer to improvements without Landlord's approval, which shall not be made unreasonably withheld or delayed. In the event Tenant proposes any alterations, additions, or improvements, includingit shall submit a complete set of plans and specifications relating thereto, but not limited toprepared by any architect or professional engineer registered in the State of New Jersey to Landlord. Landlord, at its option, shall grant or deny approval within 15 days after receipt. Landlord may impose any conditions and/or requirements upon Tenant as Landlord considers necessary or prudent to protect Landlord's interest in the Premises. Tenant must agree in writing to adopt any such conditions and/or requirements before any approval is effective. If Landlord shall grant approval for the proposed work and provided Tenant has agreed to any conditions and/or requirements made a part of such approval, the attachment following additional conditions shall apply:
a. Prior to making any alterations, additions or improvements Tenant shall assure itself that the work will not impair the structural integrity of any fixtures or equipment in, onthe Premises, or to any portion thereof. Approval of the Premises proposed work by Landlord shall not constitute or imply a warranty or representation by Landlord that the existing Premises, or any part thereof, is adequate to withstand work proposed by Tenant. By making any alterations, additions, or improvements, Tenant expressly warrants that the same will not impair the structural integrity of the Premises nor any part thereof and are in full compliance with the requirements of all governmental agencies or authorities having jurisdiction. Landlord reserves the making right to approve or reject Tenant's contractor. If Tenant's proposed alteration involves a tie-in to building systems, Landlord further reserves the option of requiring Tenant to use Landlord's contractor.
b. All costs related to the proposed work, irrespective of their nature, are the sole responsibility of Tenant and shall be promptly paid by Tenant at such time as they may be due.
c. All contractors, labor and/or material suppliers, and similar parties shall agree, in writing, prior to the commencement of any improvements as required by Article 7work or procurement of materials, without (1) to jointly comply with Tenant with the prior written consent mechanics lien restrictions contained elsewhere in this Lease; (2) that they are entering into any agreements for labor and/or material with Tenant and not on behalf or for the benefit of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete ; (3) that the work to be done shall be in conformance with the last plans and specifications approved by Landlord and that no changes shall be made thereto without the approval of Landlord and Tenant; and (4) that they, and their employees and other agents, shall comply with all rules and regulations contained in Tenant's Lease regarding their conduct on the Premises. Proof of such agreements shall be given to Landlord prior to the commencement of the proposed work.
d. Tenant shall insure, indemnify and hold Landlord harmless for any loss to which Landlord may be subject or which Landlord may sustain relating to accidents, injury to persons (including death), property loss or damage of any nature whatsoever, regardless of cause, arising during or ensuing from the work undertaken by Tenant.
e. All such alterations, additions and improvements upon completion shall immediately become the property of Landlord, without compensation by Landlord to Tenant or any other party, and simultaneously become part of the Premises, and Tenant's obligations and responsibilities pursuant to the terms and conditions of this Lease shall thenceforth apply to the aforementioned alterations, additions, or improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from Upon the exterior termination of the Building, (iii) do not affect or require modification Tenant's lease and/or Tenant's vacating of the Building’s electricalpremises, mechanicalTenant shall remove said alterations, plumbingadditions and improvements at Tenant's expense, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion if so requested by Landlord.
f. Upon completion of the Premises affected by work, Tenant will submit to Landlord as-built drawings and certifications of inspections certifying the alterations in question.
6.2 In completion of the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demandimprovement.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Lease Modification and Extension Agreement (Schein Pharmaceutical Inc), Lease Modification and Extension Agreement (Danbury Pharmacal Puerto Rico Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, improvements or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or changes to the Premises or any part thereof or the making (including installation of any improvements as required by Article 7security system or telephone or data communication wiring), other than the Tenant Improvements ("Alterations"), without the Landlord's prior written Written consent of Landlord. When applying for such consent(provided, however, that Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect required to alterations which (i) are obtain Landlord's prior approval for minor, non-structural Alterations that do not structural in natureaffect any of the Building Systems, (ii) are not visible from the exterior of the BuildingPremises, and cost less than Ten Thousand Dollars ($10,000.00), so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencement of the Alterations and complies with all of the following provisions, except that Tenant shall not e required to obtain Landlord's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved (which approval shall not be unreasonably withheld or delayed) by Landlord; (iii) do not affect or require modification of in compliance with the Building’s electrical, mechanical, plumbing, HVAC or other systems, construction roles and regulations promulgated by Landlord from time to time; (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant's work); and (v) subject to all conditions which Landlord may in Landlord's discretion impose. Such conditions may include requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and (iii) remove all or part of the Premises affected by Alterations prior to or upon expiration or termination of the alterations in question.
6.2 In the event Landlord consents to the making of any such alterationTerm, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved as designated by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor work outside the Premises, or any subcontractor work on or adjustment to any of such other contractor shall employ any non-union labor the Building Systems, is required in connection with or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute Tenant's work, such work shall be performed at Tenant's expense by contractors designated by Landlord. Landlord's right to review and approve (or withhold approval of) Tenant's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with any labor unions concerning the wageapplicable Laws or other requirements. Except as otherwise provided in Landlord's consent, hours, terms or conditions all Alterations shall upon installation become part of the employment realty and be the property of Landlord.
6.2 Before making any such labor. In any event Alterations, Tenant shall submit to Landlord may charge Tenant for Landlord's prior approval reasonably detailed final plans and specifications prepared by a construction management fee not to exceed five percent (5%) licensed architect or engineer, a copy of the cost construction contract, including the name of such work the contractor and all subcontractors proposed by Tenant to cover its overhead as it relates to such proposed work, plus third-party costs actually make the Alterations and a copy of the contractor's license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord's contractors or consultants to review plans and specifications prepared by Tenant and to update the proposed work existing as-built plans and specifications of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations.
6.3 Tenant shall keep the Premises and the design thereofProperty free and clear of all liens arising out of any work performed, with all materials furnished or obligations incurred by Tenant. If any such amounts being due five lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (510) days after Landlord’s demand.
6.3 All alterationsthe attachment thereof, additions or improvements proposed Landlord shall have the right but not the obligation to cause the same to be released, and any sums expended by Landlord in connection therewith shall be payable by Tenant on demand with interest thereon from the date of expenditure by Landlord at the Interest Rate (as defined in Section 15.2 - Interest). Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, give Landlord at least ten (10) days' notice prior to construction, provide the additional insurance required under Article 11 commencement of any Alterations and cooperate with Landlord in such case, posting and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, maintaining notices of non-responsibility, waivers responsibility in connection therewith.
6.4 Subject to the provisions of lien, surety company performance bonds Section 5 - Use and funded construction escrows and to protect Landlord Compliance with Laws and the Building foregoing provisions of this Section, Tenant may install and appurtenant land against any loss from any mechanic’smaintain furnishings, materialmen’s equipment, movable partitions, business equipment and other trade fixtures ("Trade Fixtures") in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or other liensthe Building. Tenant shall pay in addition to promptly repair any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, damage to the extent required under Section 26.2Premises or the Building caused by any installation or removal of such Trade Fixtures.
Appears in 2 contracts
Samples: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, (a) Tenant shall not make no Alterations, additions or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, improvements in or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the Landlord's prior written consent and subject to such other conditions which Landlord may reasonable require. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations and facilities. When applying for All such consentwork shall be done at such times and in such manner as Landlord may from time to time designate, and, at the option of Landlord, under Landlord's supervision. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations and requirements of all governmental agencies, offices, and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the National Fire Protection Association, and of any similar body. Before commencing any work, Tenant shall give Landlord at least twenty (20) days written notice of the proposed commencement of such work and shall, if requested required by Landlord, furnish complete plans secure at Tenant's own cost and specifications expense, a completion and lien indemnity bond, satisfactory to Landlord, for such alterations, additions said work. Tenant further covenants and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of agrees that portion of any mechanic's lien recorded against the Premises affected by or against the alterations in question.
6.2 In the event Landlord consents Building for work claimed to the making of any such alterationhave been done for, addition or improvement materials claimed to have been furnished to, Tenant will be discharged by Tenant, the same shall be made by using either Landlord’s contractor bond or a contractor reasonably approved by Landlordotherwise, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent within thirty (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (530) days after Landlord’s demand.
6.3 the filing thereof, at the cost and expense of Tenant. All alterationsAlterations, additions or improvements proposed upon the Premises made by Tenant shall be constructed either party, including (without limiting the general of the foregoing) all wall covering, built-in accordance with all government lawscabinet work, ordinancespaneling and the like, rules and regulationsshall, using Building standard materials where applicableunless Landlord elects otherwise, become the property of Landlord, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such caseshall remain upon, and also all such assurances to Landlord be surrendered with the Premises, as Landlord shall reasonably require to assure payment a part thereof, at the end of the costs thereofterm hereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. except that Landlord may, as a condition by written notice to its consent to any particular alterations or improvementsTenant, require Tenant to deposit with remove all partitions, counters, railing and the like installed by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord the amount reasonably estimated by all costs arising from such removal.
(b) Unless Landlord as sufficient to cover the cost of removing otherwise agrees in writing, all such alterations Alterations, additions or improvements affixed or built into the Premises (but excluding moveable trade fixtures and restoring furniture) shall become the property of Landlord and shall be surrendered with the Premises, as a part thereof, at the end of the Lease term, except that Landlord may, by written notice to Tenant given at least twenty (20) days prior to the extent required under Section 26.2end of the Lease term, require Tenant to remove all or any Alterations, decorations, additions, improvements and the like installed by Tenant, and to repair the Premises, or at Landlord's option to pay all costs in relation to any damage to the Premises arising from such removal. Any fixtures, furnishing or other personal property remaining after possession of the premises is returned to Landlord shall be the sole and exclusive property of Landlord and Tenant shall be liable for all costs incurred for removal.
Appears in 2 contracts
Samples: Industrial Space Lease (Alpha Technologies Group Inc), Industrial Space Lease (Alpha Technologies Group Inc)
Alterations. 6.1 Except for those9.1 The initial improvement of the Premises under this Lease (i.e., if any“Landlord’s Work,” as defined in Exhibit B) shall be accomplished by Landlord or its designated contractor(s) in accordance with Exhibit B. Landlord shall deliver the Premises and Tenant shall accept the Premises in its “as is” condition as of the Lease Commencement Date, specifically provided for that Landlord shall deliver the Premises (i) vacant, in broom clean condition, and free of prior tenants and furniture, fixtures, equipment and personal belongings of a prior tenant, and (ii) with Landlord’s Work substantially complete and (collectively, the “Delivery Condition”). It is understood and agreed that the preceding sentence is not intended to waive or limit Landlord’s obligation to deliver the Premises in compliance with all applicable Laws (including the ADA). Landlord is under no obligation to make any Alterations in or to the Premises or the Building except as may be otherwise expressly provided in this Lease, including Exhibit B to this Lease. Upon Tenant’s written request, Landlord shall use commercially reasonable to enforce any warranties or guaranties obtained in connection with Landlord’s Work.
9.2 Tenant shall not make or suffer permit anyone to be made make any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, Alterations in or to the Premises or any part thereof or the making of any improvements as required by Article 7, Building without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. which consent may be withheld or granted in Landlord’s consent shall not be unreasonably withheld sole and absolute discretion with respect to alterations Structural and System Alterations and any Alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systemsPremises, and which consent shall not be unreasonably withheld, conditioned or delayed with respect to all other Alterations. Notwithstanding the foregoing, Tenant shall have the right to make Cosmetic Changes within the Premises without first obtaining the consent of Landlord. All Alterations made by Tenant shall be made: (iva) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected a good, workerlike, first class and prompt manner; (b) using new or comparable materials only; (c) by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved in writing by Landlord; (d) on days and at times reasonably approved in writing by Landlord; (e) if architectural and/or engineering plans are required for such Alterations, under the supervision of an architect reasonably approved in either event writing by Landlord; (f) in accordance with plans and specifications reasonably acceptable to Landlord, approved in writing at Landlord’s standard charge; (g) in accordance with all Laws, this Lease, and Landlord’s then-current construction rules and regulations; (h) after Tenant and its contractors have complied with the insurance requirements set forth in this Lease, and any additional insurance to be obtained by Tenant’s contractors and subcontractors as reasonably required by Landlord; and (i) upon request, after Tenant has delivered to Landlord documentation reasonably satisfactory to Landlord evidencing Tenant’s financial ability to complete the Alterations in accordance with the provisions of this Lease (including, at Landlord’s reasonable request, a payment or performance bond). If any lien (or a petition to establish such lien) is filed in connection with any Alteration made by or on behalf of Tenant, such lien (or petition) shall be discharged by Tenant within ten (10) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond reasonably acceptable to Landlord. If Landlord gives its consent to the making of any Alteration, such consent shall not be deemed to be an agreement or consent by Landlord to subject its interest in the Premises or the Building to any liens which may be filed in connection therewith. Tenant shall employ acknowledges that any Alterations are accomplished for Tenant’s account and at Tenant’s sole cost and expense, Landlord having no obligation or responsibility in respect thereof. Landlord’s approval of any plans and drawings (and changes thereto) regarding any Alterations or any contractor other than or subcontractor performing such Alterations shall not constitute Landlord’s contractor representation that such approved plans, drawings, changes or Alterations comply with Laws. Any deficiency in design or construction, although same had prior approval of Landlord, shall be solely the responsibility of Tenant. All Alterations involving structural, electrical, mechanical or plumbing work, the heating, ventilation and such other air conditioning system of the Premises or the Building, fire and life safety systems, the roof of the Building, or any areas outside of the Premises shall, at Landlord’s election, be performed by Landlord’s designated contractor or subcontractor at Tenant’s expense (provided the cost therefor is competitive). In connection with any subcontractor of such other contractor shall employ any non-union labor or supplierAlteration, Tenant Landlord shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant paid a construction management supervision fee not in an amount equal to exceed five three percent (53%) of the total cost of such Alteration. Promptly after the completion of an Alteration for which architectural and/or engineering plans were required, or which includes Cabling, Tenant at its expense shall deliver to Landlord three (3) sets of accurate as built (or record) drawings and CAD drawings showing such Alteration in place. In addition, on Landlord’s request, Tenant shall certify the names of all contractors and subcontractors who did work on the Alterations and shall provide final lien waives from all such contractors and subcontractors and any other documentation customarily provided in the State in which the Building is located to cover extinguish liens. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. Certificates of such insurance, with evidence of the payment of premiums therefor, must be received by Landlord before any work is commenced. All contracts between Tenant and a contractor must explicitly require the contractor to (a) name Landlord and the Landlord Insured Parties as additional insureds and (b) indemnify and hold harmless Landlord and the Landlord Insured Parties. Notwithstanding anything contained in this Lease to the contrary, the performance of any Alterations pursuant to the provisions of this Article IX or of any other provisions of this Lease or the Exhibits hereto shall not be done in a manner which would violate any union contracts affecting the Building, or by which Landlord is bound, or create any work stoppage, picketing, labor disruption, disharmony or dispute or any interference with the business of Landlord or any tenant or occupant of the Building. Tenant shall immediately stop the performance of any Alterations or other activity if Landlord notifies Tenant that continuing such Alteration or activity would violate any union contracts affecting the Building, or by which Landlord is bound, or create any work stoppage, picketing, labor disruption, disharmony or dispute or any interference with the business of Landlord or any tenant or occupant of the Building.
9.3 If any Alterations that require Landlord’s consent are made without the prior written consent of Landlord, then Landlord shall have the right, at Tenant’s expense, to remove such Alterations and restore the Premises and the Building to their condition prior to the commencement of the unauthorized Alterations. All Alterations to the Premises or the Building made by either party shall immediately become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of the Lease Term; provided, however, that (a) subject to any applicable Landlord’s lien thereon, Tenant shall remove from the Premises, prior to the expiration or earlier termination of the Lease Term, (i) all personal property of Tenant, including without limitation movable furniture, furnishings and equipment installed in the Premises solely at the expense of Tenant (“Personal Property”), and (ii) all Cabling installed by or for Tenant anywhere in the Building, and (b) Tenant shall remove at its overhead expense all Alterations and other items in the Premises or the Building which Landlord designates in writing for removal. Landlord shall make such designation promptly after receipt of a written request for such determination by Tenant given with Tenant’s request for Landlord’s approval of such Alteration. Notwithstanding the foregoing, Tenant shall not be required to remove: (x) Alterations (other than Cabling) consisting of standard buildout items that are typically installed by similar tenants in multi tenanted, multi-story, first class office buildings (such as it relates partitions, but not interior staircases, for example), unless so indicated by Landlord at the time required above; and (y) any initial Alteration made by Landlord in initially finishing and completing the Premises in accordance with Exhibit B (i.e., Landlord’s Work). If such removal causes damage or injury to the Premises or the Building, then Landlord shall have the right, at Tenant’s expense, to repair all damage and injury to the Premises or the Building caused by such proposed workremoval as aforesaid. Tenant expressly agrees that if any of Tenant’s Personal Property is not removed by Tenant prior to the earlier of (i) the expiration (or earlier termination) of the Lease Term or (ii) the termination of Tenant’s right of possession of the Premises, plus third-party the same shall, at Landlord’s option, be deemed abandoned or become the property of Landlord surrendered with the Premises as a part thereof; provided, however, that Landlord shall have the right at Tenant’s expense to remove from the Premises any or all such items or to require Tenant to do the same, except as otherwise provided in this Section. If Tenant fails to return the Premises to Landlord as required by this Section, then Tenant shall pay to Landlord, all costs actually (including a construction management fee) incurred by Landlord in connection with the proposed work and the design thereof, with all effectuating such amounts being due five (5) days after Landlord’s demandreturn.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Office Lease Agreement (IMARA Inc.), Office Lease Agreement (IMARA Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord, which consent may be given or withheld in Landlord's sole discretion. Notwithstanding the foregoing, Landlord shall not make or suffer unreasonably withhold its consent to be made any alterations, additionsadditions or improvements to the Premises which cost less than One Dollar ($1.00) per square foot of the improved portions of the Premises (excluding warehouse square footage) and do not (i) affect the exterior of the Building or outside areas (or be visible from adjoining sites), or improvements(ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the attachment roof, or (iii) require any material change to the basic floor plan of the Premises, any fixtures material change to any structural or mechanical systems of the Premises, or (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment in, onlocated in or serving the Building, or to (v) diminish the Premises or any part thereof or value of the making of any improvements as required by Article 7, without the prior written consent of LandlordPremises. When applying for such consentIn addition, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such shall gave the right to make alterations, additions and improvements. or improvements to the Premises, without having to obtain Landlord’s 's consent shall which: (x) do not be unreasonably withheld with respect to alterations which fall within the conditions identified in subparagraphs (i) are not structural in nature, through (iiv) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, above; and (ivy) in aggregate do not cost more less than Fifty Cents ($5.00 .50) per rentable square foot of the Premises determined annually (but without carryover or compounding); provided that portion Tenant shall give Landlord written notice of such changes which notice shall include a reasonably detailed description thereof. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including, but not limited to, a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and reasonable requirements as to the manner, time, and contractor for performance of the Premises affected by work; provided, however, that Landlord may not require Tenant to provide any bonds in connection with any particular alterations project which costs less than One Hundred Thousand Dollars ($100,000.00). Tenant shall obtain all required permits for the alterations work and shall perform the work in question.
6.2 In compliance with all applicable laws, regulations and ordinances, all covenants, conditions and restrictions affecting the event Project, and the Rules and Regulations (hereafter defined). Tenant understands and agrees that Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or entitled to a contractor reasonably approved by Landlord, supervision fee in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor the amount of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such any work which requires a government permit. If any governmental entity requires, as a condition to cover its overhead as it relates to such any proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed to the Premises by Tenant shall Tenant, that improvements be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicablemade to the Common Areas, and if Landlord consents to such improvements to the Common Areas, then Tenant shall, prior at Tenant's sole expense, make such required improvements to construction, provide the additional insurance required under Article 11 Common Areas in such casemanner, utilizing such materials, and also all with such assurances to Landlord contractors (including, if required by Landlord, Landlord's contractors) as Landlord may require in its sole discretion. Under no circumstances shall Tenant make any improvement which incorporates any Hazardous Materials, including, without limitation, asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably require satisfactory to assure payment Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the costs thereofTerm. Landlord shall have the right to require Tenant to remove any alterations, including but additions or improvements whether or not limited toLandlord's consent was required unless Landlord's written consent was obtained and at the time of providing its consent, notices Landlord notified Tenant in writing that Tenant would not have to remove such items upon the expiration or earlier termination of non-responsibilitythe Lease Term. When reviewing any plans for alterations, waivers additions or improvements submitted for its approval, Landlord shall notify Tenant in writing whether Landlord shall require Tenant to remove any or all of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s such improvements upon expiration or other liensearlier termination of this Lease. Tenant shall pay have the right upon expiration or earlier termination of this Lease to remove any and all phone systems, furniture, fixtures and other personal property at Tenant's sole cost and expense provided that Tenant shall repair any damage caused by such removal. Except as otherwise provided in addition this Lease or in any Exhibit to this Lease, should Landlord make any sums due alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred. If Landlord withholds any consent required by this Section 7.3, Landlord shall specify its reasons therefor. The provisions of this Section 7.3 shall not be applicable to the initial Tenant Improvements Work constructed pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2attached Work Letter.
Appears in 2 contracts
Samples: Lease Agreement (New Century Financial Corp), Lease Agreement (New Century Financial Corp)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, A. Landlord's Consent and Conditions. Tenant shall not --------------------------------- make any improvements or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or alterations to the Premises or any part thereof or (the making of any improvements as required by Article 7, "Work") without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete in ---- each instance submitting plans and specifications for such alterationsthe Work to Landlord and obtaining Landlord's prior written consent, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which unless (ia) are not structural in naturethe cost thereof is less than $20.000, (iib) are such Work does not visible from impact the exterior base structural components or systems of the Building, (iiic) do such Work will not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or impact any other systemstenant's premises, and (ivd) in aggregate do such Work is not cost more than $5.00 per rentable square foot of that portion of visible from outside the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alterationPremises. However, addition or improvement by Tenant, the same shall be made by using either even if Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If 's prior written consent is not required Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold provide Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due prior written notice at least five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules advance of commencing the Work so that Landlord may post and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment record a notice of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s nonresponsibility or other liensnotices deemed appropriate before the commencement or such Work. Tenant shall pay in addition to Landlord's actual out-of-pocket costs incurred, if any, for the review of all of the plans and all other items submitted by Tenant. Tenant shall pay for the cost of all Work, including the cost of any sums due pursuant to Article 4and all approvals, any increase in real estate taxes attributable to any such alterationpermits, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall fees and other charges which may be paid in the same way as sums due under Article 4. Landlord may, required as a condition of performing such Work. The following requirements shall apply to all Work:
(i) Prior to commencement, Tenant shall furnish to Landlord building permits, certificates of insurance satisfactory to Landlord, and for any Work costing in excess of $20.000, at Landlord's request, security for payment of all costs.
(ii) Tenant shall perform all Work so as to maintain peace and harmony among other contractors serving the Project and shall avoid interference with other work to be performed or services to be rendered in the Project.
(iii) The Work shall be performed in a good and workmanlike manner, meeting the standard for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable governmental laws, ordinances and regulations ("Governmental Requirements"). -------------------------
(iv) Tenant shall perform all Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants.
(v) Tenant shall perform all Work in compliance with any reasonable "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time the Work is performed so long as Tenant has received written notice of the same at the time Landlord gives its consent to any particular alterations the Work.
(vi) Tenant shall permit Landlord to supervise all Work. Landlord may charge a supervisory fee not to exceed fifteen percent (15%) of labor, material, and all other costs of the Work, if Landlord's employees or improvementscontractors perform the Work.
(vii) Upon completion, require Tenant to deposit shall furnish Landlord with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost contractor's affidavits and full and final statutory waivers of removing such alterations or improvements liens, as-built plans and restoring the Premisesspecifications, and receipted bills covering all labor and materials, and all other close-out documentation related to the extent Work, including any other information required under Section 26.2any "Policies, Rules and Procedures for Construction Projects" which may be in effect at such time.
Appears in 2 contracts
Samples: Lease (Wavesplitter Technologies Inc), Lease (Wavesplitter Technologies Inc)
Alterations. 6.1 Except for those, if any, specifically provided for The following provisions regarding alterations shall supplement and be in Exhibit B addition to this Lease, Tenant the provisions of the Prime Lease regarding alterations:
(i) SUBLESSEE'S ALTERATIONS. Sublessee shall not make or suffer to be made any alterations, additionsadditions or other physical changes in or about the Subleased Premises, or improvementsother alterations to prepare the Subleased Premises for its use (collectively, including"ALTERATIONS"), but not limited toother than decorative Alterations such as painting, the attachment of any fixtures or equipment inwall coverings and floor coverings (collectively, on"DECORATIVE ALTERATIONS"), or to the Premises or any part thereof or the making of any improvements as without Sublessor's (and if required by Article 7the Prime Lease, without the Landlord's) prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by which may be withheld in Sublessor's and/or Landlord, furnish complete plans and specifications for 's sole discretion. Sublessor will not unreasonably withhold its consent to Alterations so long as such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which Alterations (i) are non-structural and do not structural in natureaffect the building systems, (ii) are performed by contractors approved by Sublessor and/or Landlord to perform such Alterations, (iii) affect only the Subleased Premises and are not visible from outside of the exterior Subleased Premises or the Building, (iv) do not affect the certificate of occupancy issued for the Building or the Subleased Premises, (v) are consistent with the design, construction and equipment of the Building, (iiivi) do not adversely affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered service furnished by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord Sublessor in connection with the proposed work and operation of the design thereofBuilding, (vii) are in compliance with all such amounts being due five the terms of the Prime Lease and (5viii) days after Landlord’s demand.
6.3 All alterationsare consented to by Landlord pursuant to the terms of the Prime Lease. Notwithstanding anything to the contrary herein, additions or improvements proposed all alterations by Tenant Sublessee shall be constructed architecturally similar to the existing improvements in accordance with the building in Sublessor's reasonable judgment and all government laws, ordinances, rules construction materials and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 laboratory furnishings shall be of equal or greater quality than those currently existing in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums fume hoods and biosafety cabinets installed by Sublessee shall be paid in from the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2manufacturer.
Appears in 2 contracts
Samples: Sublease Agreement (Amicus Therapeutics Inc), Sublease Agreement (Amicus Therapeutics Inc)
Alterations. 6.1 Except Landlord agrees to install at Landlord’s cost and expense, the improvements described in EXHIBIT C attached hereto (the “Improvements”), all of which shall be and remain the property of Landlord. Landlord shall perform such work diligently in a good and workmanlike manner in substantial conformance with the plans and specifications attached as EXHIBIT C (including the drawings, schedules, specifications and AutoCAD Files referenced therein) or otherwise approved by Tenant, and in accordance with all applicable governmental laws, rules, regulations and other requirements. Landlord will apply for thoseand obtain all permits, if anylicenses and certificates necessary for installation of the Improvement described in EXHIBIT C. All other improvements, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, or partitions, fixtures, removals and restoration to the Leased Premises (the “Tenant’s Improvements”) shall be installed at the cost and expense of Tenant (which cost shall be payable on demand as Rent to Landlord), but only if such improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent partitions, fixtures, removals and/or restorations are: (i) approved in advance by Landlord in writing, which approval shall not be unreasonably withheld with respect to alterations which (i) are not structural in naturewithheld, conditioned or delayed; (ii) are not visible from the exterior of the Building, made in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord; (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed performed in accordance with and in compliance with all government governmental laws, ordinances, rules and regulations; (iv) made or performed only by Landlord or by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld); and (v) performed in a good workmanlike manner and diligently prosecuted and so as not to damage the structure or structural qualities of the Building. Notwithstanding the foregoing, using Tenant shall have the right, upon prior written notice to Landlord but without Landlord’s consent, to make any Tenant’s Improvements to the Leased Premises which do not affect the structure and the mechanical, electrical, plumbing and life safety systems of the Building standard materials where applicableand do not exceed Twenty-Five Thousand and 00/100 Dollars ($25,000.00) in aggregate in any consecutive twelve (12) month period. All Tenant’s Improvements shall be and remain the property of Tenant during the Term of this Lease, provided, however, that, unless Landlord otherwise elects as hereinafter provided, all said Tenant’s Improvements shall, upon the expiration or termination of this Lease, or the earlier vacation of the Leased Premises, become and be deemed to be the property of Landlord and title thereto shall pass to Landlord under this Lease as by a xxxx of sale without further act or deed on the part of Tenant and Tenant shall, at Landlord’s request, promptly execute and deliver such bills of sale or other documents or instruments as Landlord may deem necessary or desirable to evidence the foregoing. Notwithstanding anything to the contrary contained in the foregoing, Tenant shall remove all Tenant’s Improvements (and any wiring and cabling or similar improvements installed by Tenant as part of the initial Improvements or as part of the initial Tenant’s Improvements) and restore the Leased Premises to its condition prior to the installation or construction thereof by the date of expiration of this Lease or in the event of the earlier vacation of the Leased Premises or termination of this Lease, unless, at the time of Landlord’s approval, or if Landlord’s approval is not required, at the time of original installation, Landlord agreed in writing that such removal was not required. Tenant shall, prior to constructionany such construction or work, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereofLandlord, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows personal guaranties of individuals of substance, as Landlord shall require to assure payment of the costs thereof and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’smechanics’, laborers’, materialmen’s or other liens. Tenant shall pay hereby indemnifies and saves Landlord harmless from and against any and all loss, liability, damage, penalty, cost, expense or fee (including, without limitation, court costs and reasonable attorneys’ fees) incurred by or asserted against Landlord as a result of the existence or threat of any lien against the Building, Leased Premises or Property. At Landlord’s request, Tenant will notify any contractors, subcontractors and materialmen performing work on, or supplying materials for, the Leased Premises that Tenant is not acting as the agent of Landlord in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to connection with any such alteration, addition or improvement for so long, work and/or shall post signs on the Leased Premises to that effect. All risk of loss with respect to the Tenant’s Improvements during the Term, as such increase is ascertainable; at Landlord’s election said sums Term hereof shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost sole responsibility of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Connecture Inc), Lease Agreement (Connecture Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B Following the construction of any Tenant Improvements to this Leasethe Premises under Article 4 above, Tenant shall will not thereafter make or suffer to be made any alterations, additionsrepairs, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, improvements in or to the Premises (for purposes of this Article, any of the foregoing being referred to as the “Work”) which (a) exceeds $200,000.00 in the aggregate during any 12-month period, (b) is visible from the exterior of the Building or (c) would add, disturb or in any part thereof way adversely change any Building Systems or structural portions of the making of any improvements as required by Article 7Building, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s the Landlord (which consent shall not be unreasonably withheld withheld, conditioned or delayed) as to the character of the Work, the manner of doing the Work including payment and financial security mechanisms associated therewith, and the contractor(s) doing the Work. Notwithstanding the foregoing, if reinforcement of the floor or any slab is required, as reasonably determined by Tenant’s architect, then Tenant may perform such Work subject to reasonably conditions which Landlord may impose as Landlord deems necessary or appropriate. For the Tenant Improvements and as a condition to Landlord’s consent to Work proposed by Tenant, Landlord may impose such conditions with respect thereto as Landlord reasonably deems appropriate, including, without limitation, requiring Tenant to alterations remove such Tenant Improvements or Work at the end of the Term and repair any damages resulting from such removal (which shall be deemed required in the absence of Landlord’s written consent or agreement to the contrary), insurance against liabilities that may arise out of such Work, plans and specifications approved by Landlord and permits necessary for such Work. If such Work is performed by contractor(s) not retained by Landlord, Tenant shall upon completion of such Work, (i) are not structural in naturedeliver to Landlord evidence that payment for all such Work has been made by Tenant, contractors’ affidavits and full and final mechanic’s lien waivers and (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either for Work requiring Landlord’s contractor or a contractor reasonably approved by Landlordconsent, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold pay to Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management supervision fee not to exceed five of four percent (54%) of the total hard cost of such work Work, but in no event less than $500.00 to cover its overhead as it relates to such proposed work, plus third-party reimburse Landlord for the costs actually incurred by Landlord its construction manager in connection inspecting and supervising such Work (for avoidance of doubt, no such fee shall be required with respect to the proposed work Tenant Improvements). All such Work shall be done in a good and the design thereof, workmanlike manner using quality materials and shall comply with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government applicable governmental laws, ordinances, rules and regulations. Tenant agrees to indemnify and hold Landlord free and harmless from any liability, using Building standard materials where applicableloss, cost, damage or expense (including reasonable attorney’s fees) by reason of any of such Work. The provisions of Article 17 of this Lease Agreement shall apply to all Work performed under this Article. Notwithstanding anything to the contrary herein, Tenant shall have the right to retain its own licensed and appropriately insured and bonded contractor to make future alterations which are cosmetic in nature, not visible from the exterior, and Tenant shalldo not impact building structure or Building Systems without Landlord’s consent and with no overhead charges paid to same (provided that the aggregate cost of such alterations in any 6-month period, prior to constructionmeasured as one project, provide does not exceed the additional insurance required under Article 11 threshold set forth in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment the first sentence of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2immediately preceding paragraph).
Appears in 2 contracts
Samples: Lease Agreement (SomaLogic, Inc.), Lease Agreement (SomaLogic, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall make no alterations, additions or improvements to the Premises (including, without limitation, roof and wall penetrations) or any part thereof without obtaining the prior written consent of Landlord in each instance, which consent shall not make be unreasonably withheld, conditioned or suffer delayed. Landlord may impose as a condition to such consent such requirements as Landlord may reasonably deem necessary, including, without limitation that: (a) Landlord be furnished with working drawings before work commences; (b) performance and labor and material payment bonds in form and amount and issued by a company satisfactory to Landlord be furnished; (c) Landlord approve the contractor by whom the work is to be made performed; (d) adequate course of construction and general liability insurance be in place and Landlord be named as an additional insured under the contractor's liability and property insurance policies; and (e) Landlord's instructions relating to the manner in which the work is to be performed and the times during which it is to be accomplished shall be complied with. Tenant shall pay to Landlord all costs incurred by Landlord for any architectural, engineering, supervisory or legal services in connection with any alterations, additions, additions or improvements, including, but not limited towithout limitation, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior 's review of the Buildingplans, (iii) do not affect or require modification specifications and budget for purposes of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents determining whether to the making of any consent. All such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall must be constructed performed in accordance a good and workmanlike manner in compliance with all government laws, ordinances, rules and regulations, using Building standard materials where including, without limitation, the Americans with Disabilities Act of 1990, and diligently prosecuted to completion. Tenant shall deliver to Landlord upon commencement of such work, a copy of the building permit with respect thereto, and a certificate of occupancy or other final inspection and approval from the applicable governmental authority having jurisdiction over the Premises and the Project, if applicable, immediately upon completion of the work. All such work shall be performed so as not to obstruct the access to the premises of any other tenant in the Building or Project. Should Tenant make any alterations, additions or improvements without Landlord's prior written consent, or without satisfaction of any of the conditions established by Landlord in conjunction with granting such consent, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant shallto remove all or some of the alterations, additions or improvements at Tenant's sole cost and restore the Premises to the same condition as existed prior to constructionundertaking the alterations, provide additions or improvements, or if Tenant shall fail to do so, Landlord may cause such removal or restoration to be performed at Tenant's expense and the additional insurance required under Article 11 cost thereof shall be Additional Rent to be paid by Tenant immediately upon demand. Landlord shall have the right to require Tenant, at Tenant's expense, to remove any and all alterations, additions or improvements and to restore the Premises to its prior condition upon the expiration or sooner termination of this Lease. Tenant shall notify Landlord in writing at least ten (10) days prior to the commencement of any such casework in or about the Premises, and also all such assurances to Landlord as Landlord shall reasonably require have the right at any time and from time to assure payment of the costs thereof, including but not limited to, time to post and maintain notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and responsibility in or about the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due Premises pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4applicable laws. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.28.
Appears in 2 contracts
Samples: Standard Industrial Lease Agreement, Standard Industrial Lease Agreement (Intest Corp)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this LeaseAfter the Commencement Date, Tenant shall not make any Alterations in, on or suffer to about the Premises without Landlord’s prior written consent, which consent shall not be made any alterationsunreasonably withheld, additionsconditioned, or improvementsdelayed; provided, includinghowever, but that Landlord’s consent shall not limited to, the attachment of be required for any fixtures or equipment in, on, or nonstructural Alterations to the Premises which do not affect the electrical, plumbing, HVAC or any part thereof or mechanical systems of the making Building and do not exceed Ten Thousand and no/100ths Dollars ($10,000.00) in cost so long as Tenant provides Landlord with prior notice of any improvements as required by Article 7such Alterations. Notwithstanding the foregoing, Tenant shall not, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect make any Alterations to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect Building or require modification the Outside Area; Alterations to and penetrations of the roof of the Building; or Alterations visible from outside the Building, to all of which Landlord may withhold Landlord’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same consent on wholly aesthetic grounds. All Alterations shall be made constructed and/or installed (i) by using either Landlord’s contractor or a contractor reasonably approved by Landlord; provided, in either event at Tenant’s sole cost however, that if Tenant selects, and expense. If Tenant shall employ any Landlord approves, a contractor other than Landlord’s contractor contractor, then Landlord shall enter into the contract for such Alterations with such contractor; (ii) at Tenant’s sole expense, (iii) in compliance with all applicable Laws and permit requirements, (iv) pursuant to plans and specifications approved by Landlord if Landlord’s consent is required for such Alterations, and (v) in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at Landlord’s option, require Tenant to remove, at Tenant’s expense, any or all Alterations installed by Tenant from the Premises at the expiration or sooner termination of this Lease. If Xxxxxxxx’s consent is required for any Alterations, then Landlord shall notify Tenant of Landlord’s election at the time that Xxxxxxxx’s consent is granted for such Alterations. If, however, Xxxxxxxx’s consent is not required for such Alterations, Landlord shall notify Tenant of Landlord’s election within ten (10) business days after Xxxxxx’s request for such determination by Landlord. If Tenant removes any Alterations as required or permitted herein, Tenant shall repair any and all damage to the Premises caused by such removal and return the Premises to their condition as of the Commencement Date, normal wear and tear, casualty, condemnation, and repairs that are not Xxxxxx’s responsibility hereunder excepted and subject to the provisions of Paragraph 22. Notwithstanding any other contractor or any subcontractor provision of such other contractor shall employ any non-union labor or supplierthis Lease, Tenant shall be solely responsible for the maintenance and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result repair of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not Alterations made by it to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Lease Agreement (Ceribell, Inc.), Lease Agreement (Ceribell, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this LeaseWithout first obtaining the written consent of Landlord, Tenant shall not make or suffer cause to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises any addition, renovation, alteration, reconstruction or any part thereof change (collectively, “Alterations”)
(a) involving structural changes or additions, (b) affecting the making exteriors of any improvements as required by Article 7building, without or (c) cost more than $40,000 individually or, when added to all prior Alterations for the prior written preceding 12 months, cost more than $100,000. If Landlord’s consent of Landlord. When applying for such consentis required, then Tenant shall, if requested by Landlord, furnish complete shall submit to Landlord detailed plans and specifications for such alterations, additions and improvements. all proposed Alterations when requesting Landlord’s consent of such proposed Alterations. Tenant shall comply with all conditions which may be reasonably imposed by Landlord, including but not limited to Landlord’s reasonable approval of all contractors or construction techniques (but Landlord may not unreasonably impose such restrictions) and, if the estimated cost of the design and construction of the alterations exceeds $500,000, the establishment of security for payment of such amounts, and Tenant shall reimburse Landlord for architectural, engineering, or other consulting costs which reasonably may be unreasonably withheld with respect incurred by Landlord in determining whether to alterations which approve any such Alterations. Tenant shall, before commencing any Alterations, at Tenant’s sole cost, (i) are not structural acquire (and deliver to Landlord a copy of) a permit from appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant’s sole cost, in naturea prompt and expeditious manner), (ii) are not visible from if the exterior cost of the BuildingAlteration exceeds $500,000, obtain and deliver to Landlord (unless this condition is waived in writing by Landlord) a lien and completion bond in an amount equal to 125% of the estimated cost of the proposed Alterations, to insure Landlord against any liability for mechanics’ liens and to ensure completion of the work, (iii) do not affect obtain (and deliver to Landlord proof of) reasonably adequate insurance, including workers compensation insurance, with respect to the individuals and entities installing or require modification involved with such Alterations (which insurance Tenant shall maintain in force until completion of the Building’s electricalAlterations). All Alterations shall upon installation become the property of Landlord and shall remain on and be surrendered with the Premises on termination of this Lease, mechanicalexcept that Landlord may, plumbingat its election, HVAC require Tenant to remove any or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion all of the Premises affected Alterations, by the alterations in question.
6.2 In the event Landlord consents so notifying Tenant; but Tenant shall only be obligated to remove or restore Alterations made to the making Premises by Tenant if either Landlord did not receive a request from Tenant for consent to the Alterations (and notifies Tenant prior to the expiration of any this Lease that such alteration, addition removal will be required if Landlord was aware of the Alteration before such expiration date) or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, at the time Landlord grants its consent therefor, states in either event writing that they must be removed or restored upon expiration or earlier termination of this Lease. Tenant may, at Tenant’s sole cost and expenseits option, remove or restore any Alterations that Tenant is required or permitted to remove or restore at any time on or before the expiration or earlier termination of this Lease. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold notify Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a commencement date for all construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due at least five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 constructing any Alterations in such case, and also all such assurances order to allow Landlord as Landlord shall reasonably require an opportunity to assure payment of the costs thereof, including but not limited to, notices of post a notice on non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Lease (Neurocrine Biosciences Inc), Lease (Neurocrine Biosciences Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additionsrepairs, additions or improvements, including, but not limited to, the attachment of improvements or install any fixtures or equipment in, on, Cable in or to the Premises or any part thereof or (collectively referred to as “Alterations”) without first obtaining the making of any improvements as required by Article 7, without the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheld or delayed, provided that (1) the outside appearance or the strength of the Building shall not be affected; and (2) the structural parts of the Building and the proper functioning of the Building shall not be adversely affected. When applying for such consentHowever, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which required for any Alteration that satisfies all of the following criteria (ia “Cosmetic Alteration”): (a) are not structural in natureis of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (iib) are is not visible from the exterior of the Premises or Building, ; (iiic) do will not affect the structure of the Building or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, a building permit; and (ivd) the cost of such Alterations (or a related series of Alterations) does not exceed $25,000.00. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. All non-Cosmetic Alterations, including, without limitation, the Initial Alterations, shall be performed by a licensed General Contractor approved by Landlord in its sole discretion, each charging commercially competitive rates, provided, however, Landlord may designate specific contractors with respect to specific structural items. Prior to starting any non-Cosmetic Alterations, including, without limitation, the Initial Alterations, Tenant shall furnish Landlord, for its approval, the proposed plans and specifications; names of proposed contractors and sub-contractors; required permits and approvals; evidence of contractor’s and subcontractor’s insurance (including workers’ compensation insurance) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected amounts reasonably required by the alterations Landlord and naming Landlord as an additional insured; and any security for performance in question.
6.2 In the event Landlord consents amounts reasonably required by Landlord. Changes to the making of any such alteration, addition or improvement by Tenant, the same plans and specifications must also be submitted to Landlord for its approval. Alterations shall be made by constructed in a good and workmanlike manner, in accordance with all applicable Laws and using either Landlord’s contractor or new materials of a contractor quality reasonably approved by Landlord, in either event at . Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s sole cost and expenseplans for Alterations. If In addition, Tenant shall employ any contractor other than pay Landlord a fee for Landlord’s contractor oversight and such other contractor or any subcontractor coordination of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not Cosmetic Alterations equal to exceed five percent (5%) 10% of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2Cosmetic Alterations.
Appears in 2 contracts
Samples: Commercial Lease Agreement, Commercial Lease Agreement (Video Display Corp)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, (a) Tenant shall will not make or suffer to be made any alterations, additionsadditions or improvements in excess of $5,000.00 excluding the initial Tenant Improvements (collectively “Alterations”) to or upon the Premises, the Building, or improvementsany part thereof, including, but not limited to, the attachment of or attach any fixtures or equipment inthereto, onwithout first obtaining Landlord’s written approval. Tenant will provide Landlord with three detailed drawings of Tenants desired Alterations for approval prior to any Alterations being started. When approved, Landlord will return one copy of the drawings to Tenant with Landlords signature of approval. Any Alterations to or to upon the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by LandlordTenant, in either event at Tenant’s sole cost and expense. If , provided that any architect and or contractor selected by Tenant to make the same shall employ any contractor other than be subject to Landlord’s contractor and such reasonable prior written approval. All Alterations which are permanent in character, including wiring for phone, computer, cabling, or other contractor networks, made in or upon the Premises either by Tenant or Landlord, may at the option of Landlord, become Landlord’s property and, at the end of the term or any subcontractor extension hereof, shall remain on the Premises without compensation to Tenant, unless Landlord request that Tenant remove any such Alterations. Notwithstanding the above, Tenant’s work stations, trade fixtures, furniture, equipment, telecommunications, data and network equipment and switches and other items of personal property brought onto the Premises shall not constitute Alterations hereunder and shall remain Tenant’s property upon the expiration or earlier termination of this Lease.
(b) All Alterations shall, when completed, be of such other contractor shall employ any non-union labor a character as not to lessen the value of the Premises or supplier, Tenant such improvements as may be located thereon. Any Alterations shall be responsible for made promptly and hold Landlord harmless from any in a good workmanlike manner, and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, compliance with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterationsapplicable permits, additions or improvements proposed by Tenant shall be constructed in accordance building and zoning laws, and with all government other laws, ordinances, rules orders, rules, regulations and regulationsrequirements of all applicable federal, using Building standard materials where applicablestate and municipal governments, departments, commissions, boards and Tenant shalloffices. The costs of any such Alterations shall be paid by Tenant, prior such that the Premises be free of liens, for services performed, labor and material supplied or claimed to constructionhave been supplied. Before any Alterations shall be commenced, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable premiums on insurance policies (provided for herein) or ensure adequate coverage is in place for all risks related to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in construction of such. Alterations and the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost increased value of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Commercial Triple Net Lease (Extend Health Inc), Commercial Triple Net Lease (Extend Health Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, The Tenant shall not change the Demised Premises or make any additions, alterations, or suffer improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be made submitted to Landlord in written form, with proposed detailed plans. any alterations, additions, improvements or improvements, additions proposed by Tenant shall be further subject to the following:
(a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction;
(b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent;
(c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations;
(d) The cost of the attachment alterations shall be paid by Tenant so that the Demised Premises remains free of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if liens;
(e) If requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld post with respect Landlord adequate security to alterations which (i) are not structural in nature, (ii) are not visible from the exterior assure restoration of the Building, (iii) do not affect or require modification premises at the end of the Building’s electricalTerm;
(f) Tenant shall maintain proper insurance as required by Landlord;
(g) No change or alterations shall, mechanicalwhen completed, plumbing, HVAC tie in or connect the Demised Premises with any other systems, and building on adjoining property;
(ivh) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same No permitted alteration shall be made by using either Landlord’s contractor or a contractor reasonably undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, in either event at Tenant’s sole cost and expenseif required, by the fee mortgagee or ground lessee. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, The Tenant shall be responsible for paying any of Landlord's fees in reviewing the Plans and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning Specifications. At the wage, hours, terms or conditions completion of the employment alteration or restoration, "as-built" plans shall be delivered to Landlord;
(i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of any such labor. In any event Landlord may charge Landlord, shall be removed by the Tenant a construction management fee not thirty (30) days prior to exceed five percent (5%) the termination of the cost of such work Term and the Demised Premises shall be restored to cover its overhead as it relates condition prior to such proposed workalteration. The security deposited under Paragraph 10(e) hereof shall be returned to the Tenant at the end of the Term if Landlord elects to have such improvement remain, plus third-party costs actually incurred or, returned to Tenant after restoration by Tenant if Landlord in connection with the proposed work directs that said alteration be removed and the design thereof, with all such amounts being due five (5) days after Landlord’s demandDemised Premises restored.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Lease Agreement (Tellurian Inc /Nj/), Lease Agreement (Tellurian Inc /Nj/)
Alterations. 6.1 Except for those(a) Not to alter, if anydivide, specifically provided for in Exhibit B cut, maim, injure or remove any of the principal or load bearing walls, floors, beams or columns of or enclosing the Demised Premises nor to this Lease, Tenant shall not make any other alterations or suffer additions of a structural nature to be made any alterations, additions, part of the Demised Premises (either internally or improvements, including, but not limited to, externally).
(b) Not to erect any new building or structure (including any mezzanine or similar structure) on the attachment of any fixtures or equipment in, on, or to the Demised Premises or any part thereof of it nor to unite the Demised Premises or any part of it with any other property nor to demolish the making Demised Premises or any part of it.
(c) Not to make any improvements as required by Article 7, change in the existing design or appearance of the exterior of the Demised Premises.
(d) Not to make any alterations or additions to the Landlord’s fixtures and fittings nor to any of the Conduits without obtaining the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s the Landlord (which consent shall not be unreasonably withheld with respect or delayed).
(e) Not to make any alterations which (i) are not or additions of a non-structural in nature, (ii) are not visible from nature to the exterior Demised Premises without obtaining the prior written consent of the BuildingLandlord, such consent not to be unreasonably withheld.
(iiif) do not affect or require modification Not to affix to the outside of the Building’s electricalDemised Premises any bracket, mechanicalaerial, plumbingfixture, HVAC wire or other systemsapparatus for radio-diffusion, wireless television or telephone without obtaining the Landlord’s written consent and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion its written approval of the Premises affected by the alterations in questionlocation and method of affixing.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%g) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. The Landlord may, as a condition of giving any such consent under clause 4.13(d), 4.13(e), or 4.13(f), require the Tenant to its consent to enter into such covenants as the Landlord shall require regarding the execution of any particular such works and the reinstatement of the Demised Premises at the end or sooner determination of the Term.
(h) If any alterations or improvements, require Tenant additions to deposit with Landlord or within the amount reasonably estimated by Landlord as sufficient to cover Demised Premises result in a variation of the reinstatement cost of removing the Demised Premises from the said cost prior to such alterations or improvements and restoring additions then the Premises, Tenant shall:
(i) give notice in writing to the extent required Landlord forthwith of the variation in value so caused to enable the Landlord to alter the insurance cover in respect of the Demised Premises; and
(ii) pay or reimburse to the Landlord any shortfall of insurance cover caused by a failure to comply with the requirements in clause 4.13(h)(i). The Tenant agrees that notice under Section 26.2clause 4.13(h)(i) notifying the variation of the reinstatement cost shall only be sufficient notice if it refers to clause 4.13(h)(i).
Appears in 2 contracts
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this LeaseWith the exception of the Tenant Improvements, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, permit alterations in or to the Leased Premises or any part thereof or unless and until Landlord has approved the making of any improvements as required by Article 7plans therefor in writing; provided, however, that Tenant shall have the right to make alterations to the Leased Premises, without obtaining Landlord’s prior written consent provided that (a) such alterations do not exceed Twenty Thousand and No/100 Dollars ($20,000.00) in cost in any one instance and Two Hundred Thousand and No/100 Dollars ($200,000.00) in cost in the aggregate during the Lease Term; (b) such alterations are non-structural and non-mechanical in nature; (c) such alterations do not require a permit; (d) Tenant provides Landlord with prior written notice of its intention to make such alterations, stating in reasonable detail the nature, extent and estimated cost of such alterations, together with the plans and specifications for the same, to the extent applicable, and (e) at Landlord’s option, Tenant must remove such alterations and restore the Leased Premises upon termination of this Lease. As a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord’s option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Notwithstanding anything contained herein to the contrary, Tenant shall have no obligation hereunder to remove any of the Tenant Improvements or to otherwise remove any other alterations or improvements which have been made by Tenant with the express written consent of Landlord. When applying for , unless, at the time of granting such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from Landlord has expressly required the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making removal of any such alteration, addition proposed alterations or improvement by Tenant, the same improvements as a condition to granting such consent. Tenant shall ensure that all alterations shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government applicable laws, ordinancesregulations and building codes, rules in a good and regulations, using Building standard materials where applicableworkmanlike manner and of quality equal to or better than the original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in this Lease shall be construed to constitute Landlord’s consent to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall, prior shall cause such lien to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment be discharged of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liensrecord within thirty (30) days after filing. Tenant shall pay indemnify Landlord from all costs, losses, expenses and attorneys’ fees in addition to connection with any sums due pursuant to Article 4, construction or alteration and any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; related lien. Tenant agrees that at Landlord’s election said sums option, Duke Construction Limited Partnership or a subsidiary or affiliate of Landlord, shall have the right to bid to perform all work on any alterations to the Leased Premises that require Landlord’s consent, provided that Duke Construction Limited Partnership or such other subsidiary or affiliate of Landlord that Landlord elects to do the work shall have the skills and experience necessary to perform the work and shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2competitively priced.
Appears in 2 contracts
Samples: Office Lease (MaxPoint Interactive, Inc.), Office Lease (MaxPoint Interactive, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer or allow to be made any alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, improvements in or to the Premises or any part thereof or the making of any improvements as required by Article 7(collectively, “Alterations”) without the prior first obtaining Landlord’s written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete based on detailed plans and specifications for such alterations, additions and improvements. submitted by Tenant; provided Landlord’s consent shall will not be unreasonably withheld with respect required if (a) the proposed Alterations will not affect the structure or the mechanical, electrical, HVAC, plumbing or life safety systems of the Building and (b) the total cost to alterations which acquire and install the proposed Alterations will be no more than (i) are not structural $15,000.00 in nature, any one instance and (ii) are not visible from $25,000.00 in the exterior of the Buildingaggregate during any calendar year. In all other instances where Landlord’s consent is so required, (iii) do not affect it may be granted or require modification of the Building’s electricalwithheld by Landlord in its sole and absolute discretion. In all events, mechanical, plumbing, HVAC or Tenant shall notify Landlord prior to commencing Alterations other systemsthan de minimis Alterations, and Landlord shall have the right, at Landlord’s election, to supervise the Alterations work. Tenant agrees that all such work (ivregardless of whether Landlord’s consent is required) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event done at Tenant’s sole cost and expense, in accordance with the plans and specifications approved by Landlord and in a good and workmanlike manner, that the structural integrity of the Building shall not be impaired, and that no liens shall attach to all or any part of the Premises, the Building, or the Property by reason thereof. If In addition to the foregoing, Tenant shall employ any contractor other than agrees to pay to Landlord, as Additional Rent, Landlord’s contractor reasonable costs and such other contractor expenses paid or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules review of plans and regulations, using Building standard materials where applicable, specifications and Tenant shall, prior Landlord’s project supervision relating to construction, provide Tenant’s design and installation of Alterations at the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liensPremises. Tenant shall pay in addition to any sums due pursuant to Article 4obtain, any increase in real estate taxes attributable to any at its sole expense, all permits required for such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2work.
Appears in 2 contracts
Samples: Short Form Industrial Building Lease, Industrial Building Lease (Birks Group Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, (a) Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, alteration in or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of LandlordLandlord which consent shall not be unreasonably withheld, conditioned or delayed. When applying for such consent, If alterations requested by Tenant shall, if requested are made by Landlord, furnish complete Tenant shall pay Landlord within 15 days of demand the cost therefor plus a 10% Surcharge. If Landlord gives its consent to the making of alterations by Tenant, all such work shall be done in accordance with such requirements and upon such conditions as Landlord, in its sole discretion, may impose. Any review or approval by Landlord of any plans or specifications with respect to any alteration is solely for Landlord’s benefit, and specifications for such alterationswithout any representation or warranty whatsoever to Tenant with respect to the adequacy, additions and improvementscorrectness or efficiency thereof or otherwise. Notwithstanding anything to the contrary contained herein, Landlord’s consent shall not be unreasonably withheld with respect required for alterations requested by Tenant that do not exceed $10,000.00 to alterations which (i) are complete and that do not materially affect the Building’s equipment, facilities, systems or structural in nature, (ii) components and that are not visible from the Common Areas or the exterior of the Building, provided Tenant delivers Landlord reasonable prior notice of such work and provided further that all such work shall otherwise be done in accordance with this Section and upon such conditions as Landlord may reasonably determine.
(iiib) do not affect Tenant shall defend, indemnify and save harmless Landlord from and against any and all mechanics’ and other liens and encumbrances filed by any person claiming through or require modification of the Building’s electricalunder Tenant, mechanicalincluding security interests in any materials, plumbingfixtures, HVAC equipment or any other systems, improvements or appurtenances installed in and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion constituting part of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alterationand against all costs, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost expenses and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent liabilities (5%including reasonable attorneys’ fees) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with any such lien or encumbrance or any action or proceeding brought thereon. Tenant at its expense shall procure the proposed work and the design thereof, with satisfaction or discharge of record of all such amounts being due five (5) liens and encumbrances within 20 days after Landlord’s demandthe filing thereof.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Lease (Plures Technologies, Inc./De), Lease (CMSF Corp)
Alterations. 6.1 Except for thoseTenant may, if anyfrom time to time, specifically provided for at its expense, make alterations or improvements in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or and to the Premises or any part thereof or (hereinafter collectively referred to as “Alterations”; provided that this term shall not apply to the making of any improvements as required Tenant Improvements, which are governed by Article 7other provisions), without provided that Tenant first obtains the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent which shall not be unreasonably withheld withheld, delayed or conditioned. All of the following shall apply with respect to alterations which all Alterations: (a) the Alterations are non-structural and the structural integrity of the Premises shall not be affected; (b) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Premises shall not be adversely affected; and (c) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations. Additionally, before proceeding with any Alterations, Tenant shall (i) are not structural in natureat Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) are if Landlord’s consent is required for the planned Alteration, submit to Landlord, for its written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not visible from proceed with such Alterations until it has received Landlord’s approval (if required), , which shall not be unreasonably withheld, delayed or conditioned, and which shall be given or declined within ten (10) business days. If Landlord declined to give its consent Landlord shall provide the exterior of reasons with reasonably specificity, and Tenant may resubmit a request for approval which addresses such reasons, which shall again but subject to the Building, above-referenced 10-day provision; and (iii) do not affect cause any contractors or require modification others engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the Building’s electricalsame coverages as required in Section 10 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10. Tenant shall cause the Alterations to be performed in compliance with all applicable permits, mechanical, plumbing, HVAC or other systemsLaws and requirements of public authorities, and (iv) any other reasonably restrictions that Landlord may impose on the Alterations. Tenant shall cause the Alterations to be diligently performed in aggregate do not cost more than $5.00 per rentable square foot of that portion of a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the standards for the Premises affected established by the alterations in question.
6.2 In the event Landlord consents Landlord. With respect to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either and all Alterations for which Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplierconsent is required, Tenant shall be responsible provide Landlord with “as built” plans, copies of all construction contracts, governmental permits and certificates and proof of payment for all labor and hold Landlord harmless from any materials, including, without limitation, copies of paid invoices and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such laborfinal lien waivers. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after If Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations Alterations is required, and Landlord provides that consent, then at the time Landlord so consents, Landlord shall also advise Tenant whether or improvements, not Landlord shall require that Tenant to deposit with Landlord remove such Alterations at the amount reasonably estimated by Landlord as sufficient to cover the cost expiration or termination of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2this Lease.
Appears in 2 contracts
Samples: Industrial Building Lease (United Natural Foods Inc), Industrial Building Lease (United Natural Foods Inc)
Alterations. 6.1 Except Supplementing the terms and conditions of Article 3 and the Rules and Regulations, as the same may be amended:
(A) TENANT, at its sole cost and expense, shall obtain all necessary governmental permits and certificates for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made the commencement and prosecution of any alterations, additionsimprovements or other work (including demolition) undertaken by TENANT in and to the demised premises (“TENANT Changes”) and for final approval thereof upon completion (including all necessary sign-offs), and shall cause TENANT Changes to be performed in compliance therewith and with all applicable laws and requirements of insurance bodies, and in good and workmanlike manner, using new materials and equipment at least equal in quality and class to the original installations in the building. All contractors, subcontractors and others engaged in TENANT Changes (including, but not limited to, those performing electrical and plumbing work) shall be subject to the approval of OWNER, which approval shall not be unreasonably withheld, provided that the same are not likely to cause any labor disharmony. Notwithstanding the foregoing, TENANT shall be obligated, at its cost and expense, to employ OWNER’s supervising engineer and designated contractors for any alterations and improvements or other work which involves or relates to the building’s electrical system and/or fixtures, or improvementsthe Xxx Xxxx Xxxx xxx Xxx Xxxx Xxxxx Life and Safety Code, including, but not limited to, the attachment of building’s Class E system and sprinkler system; without limiting the foregoing, in the event that TENANT performs any fixtures or future alterations, TENANT, at its cost and expense, agrees to install all necessary exit lighting, strobe lights and smoke detector equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7in connection with such future alterations under the above stated code(s) and other applicable laws and regulations. Prior to commencing any TENANT Changes, without TENANT shall first give to OWNER written notice thereof which shall include four (4) copies of the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for the proposed TENANT Changes prepared by TENANT’s architect and/or engineer, as the case may be (including, without limitation, layout, architectural, mechanical and structural drawings, to the extent applicable) in CADD format that contain sufficient detail for OWNER and OWNER’s consultants to reasonably assess the proposed TENANT Changes, and, upon completion of TENANT Changes, shall furnish OWNER with “as-built” plans prepared by TENANT’s architect showing the entire demised premises and any permitted TENANT Changes outside thereof. OWNER agrees not to unreasonably withhold its consent to any TENANT Changes which are interior and non-structural, and do not affect any of the building’s systems or operations, or any of the windows, or areas visible from the public portions of the demised premises OWNER agrees that TENANT may perform painting of walls without OWNER’s consent, on at least seven (7) days prior notice to Owner, but TENANT acknowledges that any floor treatment or covering (including, but not limited to, staining, tiling and/or carpeting (but not area rugs)) shall require OWNER’s prior written consent.
(B) In no event shall TENANT commence any TENANT changes before OWNER has approved the same, OWNER has received true copies of the applicable governmental permits and approvals issued in connection therewith, as well as the insurance in form and content as required by this Lease, and TENANT has paid any out-of-pocket fees, costs and expenses incurred by OWNER to date in connection with said TENANT Changes. All TENANT Changes shall be performed in such manner as not to unreasonably interfere with and not to impose any direct or indirect additional expenses upon OWNER in the maintenance or operation of the building. Throughout the performance of TENANT Changes, TENANT, at its cost and expense, shall carry, or cause to be carried, workmen’s compensation insurance in statutory limits and general liability insurance for any occurrence in or about the building, in which OWNER and its agents (and any other parties required by OWNER) shall be named as parties insured, in such limits as OWNER may reasonably prescribe, with insurers reasonably satisfactory to OWNER. TENANT shall furnish OWNER, on request, with satisfactory evidence that such insurance is in effect at or before the commencement of TENANT Changes and, at reasonable intervals thereafter during the continuance of TENANT’S Changes. If any of TENANT Changes shall involve the removal of any fixtures, equipment or other property in the demised premises which are not TENANT’S moveable office furniture and trade fixtures, such fixtures, equipment or other property shall be promptly replaced, at TENANT’S cost and expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value unless OWNER shall otherwise expressly consent in writing and TENANT shall, upon OWNER’S request, deliver, at TENANT’S cost and expense, any such fixtures, equipment or property so removed to OWNER or to such locations in New York City as OWNER shall direct. Except as otherwise expressly provided herein, the provisions of Article 3 shall apply to any of TENANT Changes made hereunder. In the event of any such installations or alterations whether made pursuant to Article 3 or otherwise, TENANT acknowledges that OWNER does not consent and TENANT shall not allow the reservation of any title to or a security interest in such goods.
(C) TENANT agrees that it shall not exercise any of its rights pursuant to the provisions of this Article in any manner which could result in or threaten any work stoppage, picketing, labor disruption or dispute or violate OWNER’S union contracts affecting the land and/or building, or lead to interference with the business of OWNER or any lessee or occupant of the building, and a violation hereof shall be deemed a material default under this Lease; provided that no default shall be deemed to exist if TENANT utilizes contractors selected by OWNER. In the event of the occurrence of any condition described above arising from the exercise by TENANT of its rights pursuant to the provisions of this Article, TENANT shall, immediately upon notice from OWNER, cease the manner of exercise of such rights giving rise to such conditions. In the event TENANT fails to cease such manner of exercise of its rights as aforesaid, OWNER, in addition to any rights available to it under this Lease and pursuant to law, shall have the right to injunction upon notice to the office of TENANT’S attorney, which notice, notwithstanding anything to the contrary contained elsewhere herein, shall be effective and deemed given when hand delivered, or delivered by facsimile or email transmission, to the offices of TENANT’S attorneys.
(D) TENANT, at its cost and expense, and with due diligence and dispatch, shall, within fifteen (15) business days after issuance, procure the cancellation or discharge of record of each and all notices of violation arising from or otherwise connected with TENANT Changes or TENANT’S operations which shall be issued by the Department of Buildings or any other public or quasi-public authority having or asserting jurisdiction. TENANT shall defend, indemnify and save harmless OWNER and its agents from and against any and all mechanic’s and other liens filed in connection with TENANT Changes, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures or articles so installed in and constituting part of the demised premises and against all costs, expenses and liabilities incurred in connection with any such lien, security deposit, conditional sale or chattel mortgage or any action or proceeding brought thereon. Notwithstanding anything to the contrary contained in Article 3, TENANT, at its cost and expense, shall likewise procure the satisfaction or discharge of record of all mechanic liens by bonding or otherwise within fifteen (15) business days after the filing of any such lien. Notice is hereby given that TENANT has no power, authority or right to do any act or make any contract which may create or be the foundation for any lien upon the fee or leasehold estate of the OWNER in the demised premises or upon the land or building of which they are a part or the improvements now or hereafter erected upon the demised premises or the land or the building of which they are a part. If TENANT shall fail to procure the satisfaction or discharge of all liens as hereinabove provided, OWNER may, without having to contest the validity or amount of any such lien, pay (and/or utilize the TENANT’s security deposit to pay) the amount of such lien or discharge the same by deposit or by bond or in any manner according to law, and pay any judgment recovered in any action to establish or foreclose such lien or order, and any amount so paid, together with any fee, costs and expenses incurred by the OWNER, (including all reasonable attorney’s fees and disbursements incurred in and the defense of any such action, bonding or other proceeding) shall be payable by TENANT as additional rent hereunder. TENANT’S failure to repay OWNER within fifteen (15) days of written demand therefor shall constitute an Event of Default under this Lease.
(E) All alterations, additions or improvements to the demised premises, including those installed by and improvements. Landlordat the cost and expense of TENANT, in accordance with the terms of Articles 3 and 48 hereof, shall become the property of the OWNER and remain upon the expiration or sooner termination of this Lease, except that all furnishings, business equipment (including but not limited to audio visual and information technology equipment) unattached trade fixtures and other moveable personal property items shall belong to TENANT and may be removed by TENANT at the expiration or earlier termination of this Lease, provided that any damage to any area in which any of the same were located, whether such damage was caused by attachment or any other method of installation, shall be repaired and restored to match the surrounding areas.
(F) Whenever TENANT requests OWNER’s consent or approval to TENANT CHANGES or to any other matter or thing requiring OWNER’s consent or approval, then OWNER, as a condition precedent to considering such request, may require (in addition to any other requirements of OWNER in connection therewith) that TENANT pay the reasonable fee of OWNER’s attorneys, architect and/or engineer in connection with the consideration of such request, the preparation of any documents pertaining thereto, and/or the monitoring of said CHANGES.
(G) Notwithstanding anything to the contrary in Article 3, Tenant shall not be unreasonably withheld with respect required to alterations which (i) are not structural in nature, (ii) are not visible from remove such alteration at or prior to the exterior expiration of the Buildingterm of this Lease, except, at Landlord’s option, “Specialty Alterations” (iiias hereinafter defined) do not affect or which Landlord may require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, to be removed (and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises any damaged areas affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement removal repaired) by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event Tenant at Tenant’s sole cost and expenseexpense at the expiration or sooner termination of this Lease. If As used herein, “Specialty Alterations” shall be any alterations not customarily undertaken in the typical construction of office space and require incremental increases in demolition costs for the removal thereof, but shall specifically include but not be limited to the following: (a) beam cuts, slab penetrations and floor openings, (b) raised, reinforced, or special flooring, and (c) data centers, and vaults. Landlord shall advise Tenant shall employ as to whether it will require removal of any contractor other than LandlordSpecialty Alteration prior to the installation thereof provided Tenant sends notice to Landlord of the intended Specialty Alteration and plans and specifications therefor, which notice includes the following specific language in bold capital letters on the face page of Tenant’s contractor notice: “WE HEREBY REQUEST THAT YOU ADVISE US AT THIS TIME WHETHER YOU DEEM THE PROPOSED ALTERATION TO BE A “SPECIALTY ALTERATION,” AND, IF SO, WHETHER YOU REQUIRE THAT THE SAME BE REMOVED AND THE PREMISES RESTORED TO THE CONDITION EXISTING PRIOR TO SAID SPECIALTY ALTERATION AT THE EXPIRATION OR SOONER TERMINATION OF THE LEASE FAILURE TO NOTIFY TENANT WITHIN TEN (10) DAYS THAT REMOVAL AND RESTORATION IS REQUIRED WILL CONSTITUTE LANDLORD’S AGREEMENT THAT SUCH ALTERATION MAY REMAIN UPON EXPIRATION OF THE LEASE.” In the event Tenant strictly complies with the foregoing and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplierLandlord does not state in its response to Tenant’s request that Landlord deems the alteration to be a Specialty Alterations and requires its removal, Tenant shall not be responsible for and hold Landlord harmless from any and all delaysrequired to remove said alteration at the expiration of this Lease. Notwithstanding anything to the contrary contained elsewhere in this Lease, damages and extra costs suffered Specialty Alterations required by Landlord as a result of any dispute with any labor unions concerning to be removed shall be removed within the wage, hours, terms or conditions last thirty (30) days of the employment term. No portion of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant OWNER’S Work shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such considered a specialty alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Lease Agreement (Zentalis Pharmaceuticals, Inc.), Lease Agreement (Zentalis Pharmaceuticals, LLC)
Alterations. 6.1 a. Except for those, if any, specifically provided for in Exhibit B to this Leaseas hereinafter expressly provided, Tenant shall not make or suffer permit to be made any alterations, additions, changes or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, improvements in or to the Leased Premises or any part thereof or without first obtaining the making of any improvements as required by Article 7, without the prior written consent of Landlord thereto (which consent Landlord agrees not to unreasonably withhold with respect to nnn-structural alterations, additions, changes or improvements, provided Tenant has fully complied with each and every term, covenant and condition in this Lease Agreement and, with respect to such alterations, additions, changes or improvements, has provided Landlord with such liability insurance policies and/or surety bonds as Landlord may reasonably request).
b. Before requesting Landlord. When applying for such 's consent, Tenant shall, if requested by Landlord, furnish complete shall submit to Landlord detailed plans and specifications for in duplicate of such proposed alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterationschanges, additions or improvements proposed improvements, one of which copies may be retained by Tenant Landlord. Landlord shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior entitled to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to withhold its consent to any particular alterations such alterations, additions, changes, or improvements, require until such time as Tenant to deposit provides Landlord with Landlord reasonable evidence of the amount reasonably estimated by Landlord as sufficient to cover the cost approval of removing such alterations alterations, additions, changes or improvements by any and restoring all municipal, state, federal or other governmental or other authorities, offices and departments now existing or hereafter created having jurisdiction over the Premises, and of the Board of Fire Underwriters or other like body, which approvals Tenant shall obtain at its own cost and expense.
c. Landlord, its architect, agents and employees, shall have the right to enter upon the Leased Premises in a reasonable manner and at all reasonable times during the course of any such alterations, additions, changes or improvements for the purpose of inspection and of finding out whether such work conforms to the extent required under Section 26.2approved plans and specifications and with the agreements herein contained.
d. Any and all alterations, additions, improvements and changes made by Tenant at any time and all governmental approvals therefor shall immediately be and become the property of Landlord without any payment therefor by Landlord; provided, however, that it is expressly understood and agreed that any trade fixtures or other fixtures added by Tenant shall remain the property of Tenant and may be removed by Tenant, at Tenant's expense, upon the expiration or earlier termination of the Lease, provided that any damage caused thereby is immediately repaired by Tenant.
e. Tenant, at its own cost and expense, will cause any and all mechanics' liens and perfections of the same which may be filed against the Leased Premises to be paid and satisfied of record within thirty (30) days after Landlord shall send to Tenant written notice by registered mail of the filing of any notice thereof against the Premises or the owner, for or purporting to be for labor or materials alleged to be furnished or to be charged by or for Tenant at the Leased Premises, or will bond such mechanics' liens and use its best efforts to have such liens discharged by an order of a court of competent jurisdiction within said thirty (30) day period.
f. Any alterations, improvements or other work once begun must be prosecuted with reasonable diligence to completion and, subject to the provisions of Subsection 9(e), above, be paid for by Tenant in full, free and clear of liens or encumbrances against the Leased Premises or Landlord, and must be performed in all respects in accordance with law.
Appears in 2 contracts
Samples: Merger Agreement (Allscripts Inc /Il), Merger Agreement (Idx Systems Corp)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made perform, or permit the making or performance of, any alterations, additionsinstallations, or improvements, including, but not limited to, additions or other physical changes in or about the attachment of any fixtures or equipment in, on, or Leased Premises (referred to the Premises or any part thereof or the making of any improvements collectively as required by Article 7, "Alterations") without the Landlord's prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s which consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in naturewithheld, (ii) are not visible from the exterior of the Buildingconditioned or delayed. All plans, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systemsspecifications and details for such Alterations, and (iv) in aggregate do all contractors performing the Alterations are subject to the prior written approval of Landlord, not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 to be unreasonably withheld, conditioned or delayed. In the event Landlord consents grants such consent and permits Tenant to contract out such work, such Alterations shall be made and performed in conformity with and subject to the following provisions: (i) all Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may reasonably from time to time designate; (ii) all Alterations shall be performed by adequately insured contractors approved by Landlord and in a good and workmanlike manner in accordance with all applicable Legal Requirements, and Tenant shall indemnify and hold harmless Landlord from and against any and all costs, expenses, claims, liens and damages to person or property resulting from the making of any such alterationalterations, addition decorations, additions or improvement improvements in or to the Leased Premises or the Building; (iii) no Alteration shall affect any part of the Building other than the Leased Premises or adversely affect any service required to be furnished by TenantLandlord to Tenant or to any other tenant or occupant of the Building; (iv) all business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the same Building; (v) Tenant shall submit to Landlord reasonably detailed written plans and specifications for each proposed alteration and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications; (vi) all Alterations in or to the electrical facilities in or serving the Leased Premises shall be subject to the provisions of Section 5 relating to exceeding electrical capacity; (vii) notwithstanding Landlord's approval of plans and specifications for any Alteration, all Alterations shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, and performed in either event at Tenant’s sole cost full compliance with all Legal Requirements and expense. If Tenant shall employ any contractor other than Landlord’s contractor in accordance with the Rules and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall Regulations; and (viii) all materials and equipment to be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord incorporated in the Leased Premises as a result of all Alterations shall be of good quality. If building or other permits from governmental authorities are required for any dispute with Alterations, Tenant shall obtain such permits and deliver copies thereof to Landlord before work on such Alterations is begun. After any labor unions concerning the wageAlterations are completed, hours, terms or conditions Tenant shall cause all required governmental inspections of the employment of any such labor. In any event Alterations to be made and shall deliver to Landlord may charge Tenant a construction management fee not to exceed five percent (5%) copy of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work inspection report and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment one complete set of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any "as built" plans for such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2Alterations.
Appears in 2 contracts
Samples: Lease Agreement (Comstock Homebuilding Companies, Inc.), Lease Agreement (Comstock Homebuilding Companies, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or improvements to the Premises or any other portions of the Property after the Commencement Date which are not part thereof or of the making of any improvements initial Tenant’s Work provided for herein (collectively referred to as required by Article 7, “Alterations”) without first obtaining the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheld or delayed. When applying If Landlord does not respond to Tenant’s request for such consent within ten (10) business days, Landlord shall be deemed to have granted its consent. However, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which required for any Alteration that satisfies all of the following criteria (ia “Cosmetic Alteration”): (1) are not structural in natureis of a cosmetic nature such as painting, wallpapering, hanging pictures and Installing carpeting; (ii2) are is not visible from the exterior of the Building, Premises or Property; (iii3) do will not affect the systems or require modification structure of the Building’s electrical, mechanical, plumbing, HVAC or other systems, Property; and (iv4) in aggregate do does not cost more than $5.00 per rentable square foot of that portion require work to be performed inside the walls or above the ceiling of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making (other than installation of any such alterationtelephone, addition or improvement by Tenantcomputer, data transmission, internet and other telecommunications cables and wires). However, even though consent is not required, the same performance of Cosmetic Alterations shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expensesubject to all the other provisions of this Section 9.3. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplierPrior to starting work, Tenant shall be responsible for furnish Landlord with plans and hold specifications reasonably acceptable to Landlord: names of contractors reasonably acceptable to Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event (provided that Landlord may charge Tenant a construction management fee designate specific contractors with respect to Property systems); necessary permits and approvals; and evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord. Material changes to the plans and specifications must also be submitted to Landlord for its approval, which approval shall not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions be unreasonably withheld or improvements proposed by Tenant delayed. Alterations shall be constructed in accordance with all government laws, ordinances, rules a good and regulations, workmanlike manner using Building standard materials where applicable, and Tenant shall, prior of a quality that is at least equal to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated quality designated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring minimum standard for the Premises. Landlord may designate reasonable rules, regulations and procedures for the performance of work, in the Premises and, to the extent required under Section 26.2.reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when Alterations may be performed. Tenant shall reimburse Landlord within thirty (30) days after receipt of an invoice for reasonable sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations, provided that no such reimbursement shall be due with respect to Tenant’s initial Alterations in the Premises. Upon completion, Tenant shall furnish “as-built” plans (except for Cosmetic Alterations), completion affidavits, full and final waivers of lien and receipted bills covering all labor and materials. Tenant shall assure that the Alterations comply with all insurance requirements and Laws. Landlord’s approval of an Alteration shall not be a representation by Landlord that the Alteration complies with applicable Laws or will be adequate for Tenant’s use. CONOCO XXXXXXXX, 1144 EASTLAKE LEASE PAGE 7 SEPTEMBER 12, 2003
Appears in 2 contracts
Samples: Sublease Agreement, Landlord's Consent to Sublease (Zymogenetics Inc)
Alterations. 6.1 Except (1) Prior to making any Alterations, Tenant shall (i) submit to Landlord detailed plans and specifications for thoseapproval by the Landlord (including layout, architectural, electrical, mechanical and structural drawings) and that comply with all Requirements for each proposed Alteration, and Tenant shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) at Tenant's expense, obtain all permits, approvals and certificates required by any Governmental Authorities, and (iii) furnish to Landlord duplicate original policies or certificates thereof for worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors, in connection with such Alteration) and commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents and any Mortgagee, as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alterations required by any Governmental Authority and shall furnish Landlord with copies thereof, together with the "as-built" plans and specifications for such Alterations. All Alterations shall be made and performed in accordance with the plans and specifications therefor as approved by Landlord and otherwise in accordance with all Requirements. All materials and equipment to be incorporated in the Premises as a result of any Alterations shall be first quality and no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement.
(2) Landlord reserves the right to disapprove any plans and specifications, in whole or in part, to reserve approval of items shown thereon pending its review and approval of other plans and specifications, and to condition its approval upon Tenant making revisions to the plans and specifications or supplying additional information. Tenant agrees that any review or approval by Landlord of any plans and/or specifications with respect to any Alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant or any other Person with respect to the adequacy, correctness or sufficiency thereof or with respect to Requirements or otherwise.
(B) All Alterations shall become a part of the Premises and shall be Landlord's property from and after the installation thereof and may not be removed or changed without Landlord's prior written consent. Notwithstanding the foregoing, Landlord, upon notice given at least thirty (30) days prior to the Expiration Date or upon such shorter notice as is reasonable under the circumstances upon the earlier expiration of the Term, may require Tenant to remove any specified Alterations and to repair and restore in a good and workmanlike manner any damage to the Premises caused by such removal all at Tenant's sole cost and expense. All Tenant's Property shall remain the property of Tenant and, on or before the Expiration Date or earlier end of the Term, may be removed from the Premises by Tenant at Tenant's sole cost and expense; provided, however, that Tenant shall repair and restore in a good and workmanlike manner any damage to the Premises caused by such removal. The provisions of this Section 6.1(B) shall survive the expiration or earlier termination of this Lease.
(1) Any and all Alterations shall be performed, at Tenant's sole cost and expense, by contractors, subcontractors or mechanics previously approved in writing by Landlord. Prior to making an Alteration, at Tenant's request, Landlord shall furnish Tenant with a list of contractors who may perform Alterations to the Premises on behalf of Tenant.
(2) Notwithstanding the terms and conditions of Section 6.1(C)(1) hereof, with respect to any Alteration affecting any Building Systems, (i) Tenant shall only employ Landlord's designated contractor, and (ii) the Alteration shall, at Tenant's expense, be designed by Landlord's engineer.
(1) Any mechanic's lien filed against the Premises for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be canceled or discharged by Tenant, at Tenant's expense, within twenty (20) days after such lien shall be filed, by payment or filing of the bond required by law, and Tenant shall indemnify and hold Landlord harmless from and against any and all costs, expenses, claims, losses or damages resulting therefrom by reason thereof.
(2) If Tenant shall fail to discharge such mechanic's lien within the aforesaid period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanics lien by the lienor and to pay the amount of the judgment, if any, specifically provided in favor of the lienor, with interest, costs and allowances.
(3) Any amount paid by Landlord for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, or improvements, of the aforesaid charges and for all expenses of Landlord (including, but not limited to, attorneys' fees and disbursements) incurred in defending any such action, discharging said lien or in procuring the attachment discharge of any fixtures or equipment insaid lien, onwith interest on all such amounts at the maximum legal rate of interest then chargeable to Tenant from the date of payment, or to the Premises or any part thereof or the making of any improvements as required shall be repaid by Article 7Tenant within ten (10) days after written demand therefor, without the prior written consent of Landlordand all amounts so repayable, together with such interest, shall be considered Additional Rent.
SECTION 6.2. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans at Tenant's expense, and specifications upon the request of Tenant, shall join in any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alteration (provided that the provisions of the applicable Requirements shall require that Landlord join in such alterationsapplication) and shall otherwise cooperate with Tenant in connection therewith; provided, additions and improvements. Landlord’s consent however, that Landlord shall not be unreasonably withheld with respect obligated to alterations which (i) are not structural incur any cost or expense or liability in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in questionconnection therewith.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expenseSECTION 6.3. If Tenant shall employ any contractor other than Landlord’s contractor furnish to Landlord copies of records of all Alterations and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five thereof within fifteen (515) days after Landlord’s demandthe completion of such Alterations.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liensSECTION 6.4. Tenant shall pay in addition not, at any time prior to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid directly or indirectly, employ, or permit the employment of, any contractor, mechanic or laborer in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, whether in connection with any Alteration or otherwise, if such employment would interfere or cause any conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of the Premises by Landlord, Tenant or others, or of any other property owned by Landlord. In the event of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the extent required under Section 26.2Premises immediately.
Appears in 2 contracts
Samples: Lease Agreement (Comfort Systems Usa Inc), Lease Agreement (Comfort Systems Usa Inc)
Alterations. 6.1 Except for those, if any, specifically provided for (a) Tenant shall perform Tenant’s Work in accordance with the provisions set forth in Exhibit B hereof, and Landlord shall make available to this Tenant the Improvements Allowance specified in Section 1.7, upon and subject to the terms provided in Exhibit B hereto.
(b) Landlord shall have the responsibilities in respect of the condition of the Premises and the performance of work therein provided in Exhibit B-1 hereto.
(c) Subject to subsection (b) above, and subject to any Landlord’s obligation to repair and maintain the Premises set forth in the Lease, Tenant shall accept the Premises in its “AS IS” condition, and Landlord shall have no obligation to make any alterations in or to the Premises in order to prepare the same for Tenant’s occupancy.
9.2 Tenant shall not make or suffer permit anyone to be made make any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, Alterations in or to the Premises or any part thereof or the making of any improvements as required by Article 7, Building without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. which consent (a) may be withheld or granted in Landlord’s consent shall not be unreasonably withheld sole and absolute discretion with respect regard to alterations any Alterations that adversely affect, require modifications to, or increase the burden of the Premises upon, the Structural and System Alterations (including the installation of any interior staircases and Alterations that impact the Building Structure and Systems) and any Alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the BuildingPremises, but (b) shall not be unreasonably withheld, conditioned or delayed with respect to interior Alterations typical for commercial office space. Notwithstanding the foregoing, Tenant shall have the right to make Cosmetic Changes within the Premises without requiring the consent of Landlord. All Alterations made by Tenant shall be performed and completed: (i) in accordance with all Laws; (ii) lien-free; (iii) do not affect in a good, competent, workmanlike and prompt manner using new or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and comparable materials only; (iv) on days and at times reasonably approved in aggregate writing by Landlord (which may include during business hours for particular work if and to the extent appropriate in light of the nature of the work); (v) after obtaining insurance policies meeting the requirements set forth in Section 13.2; and (vi) in compliance with the Construction Rules and Regulations (as defined in Section 6 of Exhibit B). For Tenant’s Alterations that do not cost more than $5.00 per rentable square foot of that portion of the Premises affected constitute Cosmetic Changes, such Alternations shall further be performed and completed: (A) by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved in writing by Landlord; (B) under the supervision of an architect reasonably approved in writing by Landlord selected by Tenant and reasonably approved by Landlord; (C) in accordance with plans and specifications reasonably acceptable to Landlord without the obligation to use specifications that are higher than Building standard materials or those required by law, approved in either event writing at Landlord’s standard charge not to exceed $2,500; (D) after having obtained any required consent of the holder of any Mortgage of whom Tenant has written notice (provided that Landlord shall, upon Tenant’s written request made in connection with Tenant’s submission regarding particular Alterations, advise Tenant in writing whether consent is required under such Mortgage for such Alterations); (E) with the obligation for Tenant to deliver to Landlord written, unconditional, full or partial (as applicable) waivers of mechanics’ and materialmen’s liens against the Premises and the Building for all work, labor and services to be performed and materials to be furnished within fifteen (15) Business Days after the applicable portion of the Alterations are completed; and (F) upon request, after Tenant has delivered to Landlord documentation reasonably satisfactory to Landlord evidencing Tenant’s financial ability to complete the Alteration in accordance with the provisions of this Lease. If any lien (or a petition to establish such lien) is filed in connection with any Alteration made by or on behalf of Tenant, such lien (or petition) shall be discharged of record by Tenant in the manner provided by applicable Law within twenty (20) days thereafter, at Tenant’s sole cost and expense. If Landlord gives its consent to the making of any Alteration, such consent shall not be deemed to be an agreement or consent by Landlord to subject its interest in the Premises or the Building to any liens which may be filed in connection therewith. Tenant shall employ acknowledges that any Alterations are accomplished for Tenant’s account, Landlord having no obligation or responsibility to construct or install the same. Landlord’s approval of any plans and drawings (and changes thereto) regarding any Alterations or any contractor other than or subcontractor performing such Alterations shall not constitute Landlord’s contractor representation that such approved plans, drawings, changes or Alterations comply with all Laws. Any deficiency in design or construction, although same had prior approval of Landlord, shall be solely the responsibility of Tenant. All Alterations involving structural, electrical, mechanical or plumbing work, the heating, ventilation and such other air conditioning system of the Premises or the Building, fire and life safety system, the roof of the Building, or any areas outside of the Premises shall, at Landlord’s election, be performed by Landlord’s designated contractor or any subcontractor of such other contractor shall employ any non-union labor at Tenant’s expense (provided the cost therefor is competitive). No construction supervision or supplier, Tenant administration fee shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result payable in respect of any dispute Tenant’s Work. In connection with any labor unions concerning the wagesubsequent Alterations, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant shall be paid a construction management supervision fee not in an amount equal to exceed five three percent (53%) of the total cost of such work Alteration. Promptly after the completion of an Alteration, Tenant at its expense shall deliver to cover its overhead as it relates Landlord three (3) sets of accurate as-built (or record) drawings and CAD drawings showing such Alteration in place.
9.3 If any Alterations that require Landlord’s consent are made without the prior written consent of Landlord, then Landlord shall have the right, at Tenant’s expense, to so remove and correct such proposed work, plus third-Alterations and restore the Premises and the Building to the condition prior to the Alteration. All Alterations to the Premises or the Building made by either party costs actually incurred by shall immediately become the property of Landlord in connection and shall remain upon and be surrendered with the proposed work Premises as a part thereof at the expiration or earlier termination of the Lease Term; provided, however, that Tenant shall remove, at Tenant’s sole costs and expense, all Alterations and other items (including any telecommunications, security, data, computer and similar equipment, cabling and wiring) in the design thereofPremises or the Building, which Landlord designates in writing for removal. Landlord shall make such designation promptly after receipt of a written request by Tenant given with all such amounts being due five (5) days after Tenant’s request for Landlord’s demand.
6.3 All alterationsapproval of such Alteration. Notwithstanding the foregoing or anything to the contrary contained in this Lease, additions or improvements proposed by Tenant shall not be constructed required to remove Alterations consisting of standard build-out items that are typically installed by similar tenants in accordance with all government lawsmulti tenanted, ordinancesmulti story, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereoffirst class office buildings, including but not limited toto the following: (a) the improvements in the kitchen, notices any restrooms/showers and other improvements that are depicted in or similar to those in the test fits prepared by Xxxxxxx Architecture for the Premises dated April 30, 2012 and February 24, 2012 (the “Test Fits”) attached hereto as Exhibit A; and (b) improvements such as data center and gym/work out rooms, whether or not these type of non-responsibilityimprovements are depicted in the Test Fits; provided that Tenant may be required to remove interior staircases, waivers if any, installed by Tenant and perform related restoration work. Movable furniture, furnishings and equipment shall be deemed to exclude without limitation any item the removal of lienwhich might cause material damage to the Premises or the Building, surety company performance bonds or which would normally be removed from the Premises with the assistance of any major tool or machinery. If such removal causes damage or injury to the Premises or the Building, then Landlord shall have the right, at Tenant’s expense, to repair all damage and funded construction escrows and injury to protect Landlord and the Premises or the Building caused by such removal as aforesaid, if Tenant has not completed such repair with thirty (30) days following said damage or injury or, if earlier, prior to or by the Expiration Date (as the same may be extended as herein provided) or the effective date of any earlier termination of this Lease. If such furniture, furnishings and appurtenant land against equipment are not removed by Tenant prior to or by the expiration or earlier termination of the Lease Term, the same shall at Landlord’s option be deemed abandoned or become the property of Landlord to be surrendered with the Premises as a part thereof; provided, however, that Landlord shall have the right at Tenant’s expense to remove from the Premises any loss from any mechanic’sor all such items or to require Tenant to do the same, materialmen’s or other liensexcept as otherwise provided in this Section. If Tenant fails to return the Premises to Landlord as required by this Section, then Tenant shall pay in addition to any sums due pursuant to Article 4Landlord, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as all costs (including a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated construction management fee) incurred by Landlord as sufficient to cover the cost of removing in effectuating such alterations or improvements and restoring the Premises, to the extent required under Section 26.2return.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Guidance Software, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, 9.1. Tenant shall not make or suffer to be made any alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, improvements in or to the Premises or engage in any part thereof construction, demolition, reconstruction, renovation or the making other work (whether major or minor) of any improvements as required by Article 7kind in, at or serving the Premises ("Alterations"), without the obtaining Landlord's prior written consent (not to be unreasonably withheld, conditioned or delayed), except Tenant may make non-structural Alterations to the interior of the Premises (excluding the roof) without such consent but upon at least ten (10) days' prior notice to Landlord, provided that the cost thereof does not exceed One Hundred Fifty Thousand Dollars ($150,000.00) per occurrence or an aggregate amount of Five Hundred Thousand Dollars ($500,000.00) annually. Notwithstanding the foregoing, Tenant will not do anything that could have a material adverse effect on the Building or life safety systems, without obtaining Landlord's prior written consent. Any such improvements, excepting movable furniture, trade fixtures and equipment, shall become part of the realty and belong to Landlord. When applying for such consentAll alterations and improvements shall be properly permitted and installed at Tenant's sole cost, by a licensed contractor, in a good and workmanlike manner, and in conformity with all Applicable Laws. Any alterations that Tenant shall desire to make and which require the consent of Landlord shall be presented to Landlord in written form with detailed plans. Tenant shall, if requested by Landlord, : (i) acquire all applicable governmental permits; (ii) furnish complete Landlord with copies of both the permits and the plans and specifications at least thirty (30) days before the commencement of the work, and (iii) comply with all conditions of said permits in a prompt and expeditious manner. Any alterations shall be performed in a workmanlike manner with good and sufficient materials. Upon completion of any Alterations, Tenant shall promptly upon completion furnish Landlord with a reproducible copy of as-built drawings and specifications for such alterationsany Alterations.
9.2. At least twenty (20) days prior to commencing any work relating to any Alterations requiring the approval of Landlord that have been so approved, additions and improvementsTenant shall notify Landlord in writing of the expected date of commencement. Landlord’s consent Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant for use in improving the Premises. Tenant shall not permit any mechanics' or materialmen's liens to be unreasonably withheld levied against the Premises arising out of work or services claimed to have been performed, materials claimed to have been furnished, or obligations claimed to have been performed on the Premises by or at the request of Tenant. Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Landlord Indemnitees from and against any and all Claims of any kind or nature that arise before, during or after the Term on account of claims of lien of laborers or materialmen or others for work or services performed or materials or supplies furnished for Tenant or its contractors, agents or employees, including any administrative, court or other legal proceedings related to such liens. If Tenant fails to discharge, bond against or undertake to defend against such liability, upon receipt of written notice from Landlord of such failure, Tenant shall have fifteen (15) days (the "Defense Cure Period") to cure such failure by prosecuting such a defense. If Tenant fails to do so within the Defense Cure Period, then Landlord may settle the same and Tenant's liability to Landlord shall be conclusively established by such settlement provided that such settlement is entered into on commercially reasonable terms and conditions, the amount of such liability to include both the settlement consideration and the costs and expenses (including attorneys' fees) incurred by Landlord in effecting such settlement. In the event any contractor, agent or employee notifies Tenant of its intent to file a mechanics' or materialmen's lien against the Premises, Tenant shall immediately notify Landlord of such intention to file a lien or a lawsuit with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 such lien. In the event Landlord consents that Tenant leases or finances the acquisition of office equipment, furnishings or other personal property of a removable nature utilized by Tenant in the operation of Tenant's business, Tenant warrants that any Uniform Commercial Code financing statement shall, upon its face or by exhibit thereto, indicate that such financing statement is applicable only to removable personal property of Tenant located within the Premises.
9.3. Tenant shall repair any damage to the making Premises caused by Tenant's removal of any property from the Premises. During any such alterationrestoration period, addition or improvement Tenant shall pay Rent to Landlord as provided herein as if such space were otherwise occupied by Tenant. The provisions of this Section shall survive the expiration or earlier termination of this Lease.
9.4. The Premises plus any Alterations, Tenant Improvements, attached equipment, decorations, fixtures and trade fixtures; movable casework and related appliances; and other additions and improvements attached to or built into the Premises made by either of the parties (including all floor and wall coverings; paneling; sinks and related plumbing fixtures; attached benches; production equipment; walk-in refrigerators; ductwork; conduits; electrical panels and circuits; attached machinery and equipment; and built-in furniture and cabinets, in each case, together with all additions and accessories thereto), shall (unless, prior to such construction or installation, Landlord elects otherwise in writing) at all times remain the property of Landlord, shall remain in the Premises and shall (unless, prior to construction or installation thereof, Landlord elects otherwise in writing) be surrendered to Landlord upon the expiration or earlier termination of this Lease. For the avoidance of doubt, the same items listed on Exhibit B attached hereto (which Exhibit B may be updated by Tenant from and after the Commencement Date, subject to Landlord's written consent) constitute Tenant's property and shall be made removed by using either Landlord’s contractor Tenant upon the expiration or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expenseearlier termination of the Lease.
9.5. If Tenant shall employ fail to remove any contractor other than of its property from the Premises prior to the expiration of the Term, then Landlord may, at its option, remove the same in any manner that Landlord shall choose and store such effects without liability to Tenant for loss thereof or damage thereto, and Tenant shall pay Landlord’s contractor , upon demand, any costs and expenses incurred due to such other contractor removal and storage or Landlord may, at its sole option and without notice to Tenant, sell such property or any subcontractor portion thereof at private sale and without legal process for such price as Landlord may obtain and apply the proceeds of such other contractor shall employ sale against any non-union labor or supplier(a) amounts due by Tenant to Landlord under this Lease and (b) any expenses incident to the removal, storage and sale of such personal property.
9.6. Tenant shall be responsible for pay to Landlord an amount equal to one and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five one-half percent (51.5%) of the cost to Tenant of all Alterations to cover Landlord's overhead and expenses for plan review, engineering review, coordination, scheduling and supervision thereof. For purposes of payment of such work sum, Tenant shall submit to cover its overhead as it relates Landlord copies of all bills, invoices and statements covering the costs of such charges, accompanied by payment to such proposed workLandlord of the fee set forth in this Section. In addition, plus Tenant shall reimburse Landlord for all third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demandany Alterations.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens9.7. Tenant shall pay in addition require its contractors and subcontractors performing work on the Premises to name Landlord and its affiliates and any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, lender as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2additional insureds on their respective insurance policies.
Appears in 2 contracts
Samples: Lease Agreement (Innovative Industrial Properties Inc), Purchase and Sale Agreement (Innovative Industrial Properties Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make no alterations, additions or suffer improvements to be made the Premises without Landlord’s prior written consent as provided herein and without a valid building permit issued by the appropriate governmental agency. To the extent that any alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or improvements to the Premises or constitute “Major Alterations” (as defined below), Landlord may withhold its consent in Landlord’s sole and absolute discretion; otherwise, Landlord’s consent to any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent or improvements to the Premises other than Major Alterations shall not be unreasonably withheld with respect to alterations which withheld. As used herein, “Major Alterations” shall mean any alterations, additions or improvements (i) which are not structural in naturevisible from outside the Premises and/or Building (including design and aesthetic changes), and/or (ii) are not visible from to the exterior of the Building, (iii) do not affect or require modification the roof of the Building’s electrical, mechanicalthe heating, ventilation and/or air conditioning systems serving the Premises, the fire sprinkler, plumbing, HVAC or electrical, mechanical and/or any other systemssystems serving the Premises, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion any interior, load-bearing walls, foundation and/or the floor slab of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same Building and/or Premises. “Cosmetic Alterations” shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All mean alterations, additions or improvements proposed to the interior of the Premises which do not constitute Major Alterations, are cosmetic in nature and have a cost (per project) not more than Thirty Thousand and No/100 Dollars ($30,000.00), for which Landlord’s prior written consent shall not be required provided Tenant complies with all other requirements of this Paragraph 6.5. Tenant shall notify Landlord in writing at least fifteen (15) days prior to commencement of any such work to enable Landlord to post a Notice of Non-Responsibility or other notice deemed proper before the commencement of such work. Any and all such alterations, additions or improvements shall comply with all Applicable Laws including, without limitation, obtaining any required permits or other governmental approvals. Upon termination of this Lease, any alterations, additions and improvements (including without limitation all electrical, lighting, plumbing, heating and air-conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures) made by Tenant shall at once become part of the realty and belong to Landlord unless the terms of the applicable consent provide otherwise, or Landlord requests that part or all of the additions, alterations or improvements be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in removed. In such case, Tenant, at its sole cost and also all such assurances to Landlord as Landlord expense, shall reasonably require to assure payment of promptly remove the costs thereofspecified additions, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring shall fully repair and restore the Premises, relevant portion(s) of the Premises to the extent condition in which Tenant is otherwise required to surrender the Premises under Section 26.2Paragraph 18.1.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease (Lionbridge Technologies Inc /De/)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to as otherwise allowed under this Lease, including, without limitation, the Work Letter Agreement, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment improvements in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s which consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systemswithheld, and (iv) in aggregate do not cost more than $5.00 per rentable square foot no such alterations, additions or improvements shall be made without the supervision of that portion of the Premises affected by the alterations in question.
6.2 Landlord’s designated agent or representative. In the event Landlord consents to the making of any such alterationalterations, addition additions, or improvement improvements by Tenant, the same shall be made by using either Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances, and regulations and all requirements of Landlord’s contractor or a contractor reasonably 's and Tenant's insurance policies. All work shall be performed in accordance with plans and specifications approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s each contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or suppliermust first be approved in writing by Landlord, Tenant shall be responsible for and hold Landlord harmless from any and all delaysor, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning at Landlord's option, the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement shall be made by Landlord for so longTenant's account, during and Tenant shall reimburse Landlord for the Termcost thereof upon demand. To the extent that Tenant requests that Landlord manage any construction services to the Premises, as then Landlord may charge a fee for any and all such increase is ascertainable; construction supervision provided by Landlord’s designated agents or representatives in connection with such alterations, additions or improvement to the Premises by Tenant. Such fee, at Landlord’s election said sums option, shall be paid either a fixed fee or a fee calculated an hourly basis considering the time expended by Landlord’s agents or representatives in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2supervising Tenant’s construction.
Appears in 2 contracts
Samples: Office Lease Agreement (Ultimate Software Group Inc), Office Lease Agreement (Ultimate Software Group Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not (i) make any Capital Alterations on or suffer to be made any Leased Property, (ii) enlarge or reduce the size of any Facility and/or (iii) make any Capital Alterations or other Alterations that would tie in or connect with any improvements on property adjacent to the Land. Tenant may, without Landlord’s consent, make any alterations, additions, or improvementsimprovements (collectively, including, but not limited to, with the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which described in items (i) – (iii) of the preceding sentence, “Alterations”) to any Leased Property if such Alterations are not structural of the type described in natureclause (i), (ii) are not visible from the exterior of the Building, or (iii) above, so long as in each case: (w) the same do not affect or require modification (A) decrease the value of the Building’s Leased Property, (B) affect the exterior appearance of the Leased Property, or (C) affect the structural components of the Leased Property or the main electrical, mechanical, plumbing, HVAC elevator or other systemsventilating and air conditioning systems for any Facility, (x) the same are consistent in terms of style, quality and workmanship to the original Leased Property and Fixtures, (y) the same are constructed and performed in accordance with the provisions of Section 11.2 below and (z) the cost thereof does not exceed, in the aggregate, $250,000.00 for any consecutive twelve (12) month period with respect to any single Facility. Except for those limited Alterations that expressly do not require Landlord’s consent pursuant to the preceding sentence, all Alterations shall be subject to Landlord’s prior written consent, in Landlord’s reasonable discretion. To the extent Landlord’s prior written consent shall be required in connection with any Alterations, Landlord may impose such conditions thereon in connection with its reasonable approval thereof as Landlord deems appropriate. Notwithstanding the foregoing, Landlord agrees that painting, landscaping, and (iv) in aggregate replacement of floor, wall and window coverings shall be deemed Alterations that do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either require Landlord’s contractor or a contractor reasonably approved by Landlordconsent, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) regardless of the cost thereof, so long as the same meet the requirements of such work to cover its overhead as it relates to such proposed workclauses (x) and (y) above, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demandcost thereof shall not be counted towards the above-referenced $250,000.00 threshold.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Master Lease Agreement (Emeritus Corp\wa\), Master Lease Agreement (Emeritus Corp\wa\)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which non-structural Alterations that (i) are do not structural exceed $25,000 in naturethe aggregate, (ii) are not visible from the exterior of the BuildingPremises, (iii) do not affect any Building System or require modification the structural strength of the Building’s electrical, mechanical(iv) do not require penetrations into the floor, plumbingroof, HVAC ceiling or walls, other systemsthan minor penetrations for wall hangings, fastenings to the floor or similar items not affecting the Building Systems, and (ivv) in aggregate do not cost more than $5.00 per rentable square foot of require work on the roof or within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations that portion do not require Landlord’s consent, Tenant shall nonetheless provide written notice thereof to Landlord, describing in reasonable detail the nature of the Premises affected Alteration. With respect to any Alterations made by or on behalf of Tenant (where the alterations in question.
6.2 In Alteration requires Landlord’s consent): (i) not less than ten (10) days prior to commencing any Alteration, Tenant shall deliver to Landlord the event plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage (based on reasonable industry standards) naming Landlord consents to the making and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any such alterationcontractor or subcontractor, addition or improvement by Tenant, (iii) the same Alteration shall be made by using either Landlord’s contractor or constructed with new materials, in a contractor reasonably good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in either event at an amount not to exceed $2,500 in connection with Landlord’s third party costs in connection with the review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, the cost of which exceeds $100,000.00, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant. Notwithstanding anything to the contrary in this Lease, at the expiration or termination of this Lease, Tenant shall not be required to remove the Tenant Improvements, excluding wiring and cabling which Tenant shall be required to remove at its sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplierSubject to this Section 12, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as have the right to install a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord security system in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, provided that Tenant provides Landlord with the code or other access to the extent required under Section 26.2security system.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Neuronetics, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make (or suffer permit to be made made) any alterationschange, additions, addition or improvements, improvement to the Premises (including, but not limited towithout limitation, the attachment of any fixtures fixture or equipment inequipment) (collectively, onthe “Alterations” and individually, an “Alteration”) unless such Alteration: (a) equals or to exceeds the Premises or Building Standard and utilizes only new and first-grade materials; (b) is in conformity with all Legal Requirements, and is made after obtaining any part thereof or the making of any improvements as required by Article 7, without permits and licenses; (c) is made with the prior written consent of Landlord not to be unreasonably withheld, conditioned or delayed; (d) is made pursuant to plans and specifications approved in writing in advance by Landlord. When applying for ; (e) with respect to any Alterations the cost of which is expected to exceed One Hundred Thousand Dollars ($100,000.00), is made after Tenant has provided to Landlord such consent, Tenant shall, if reasonable indemnification and/or bonds requested by Landlord, furnish complete including, without limitation, a performance and completion bond in such form and amount as may be satisfactory to Landlord to protect against claims and liens for labor performed and materials furnished, and to insure the completion of any Alteration; (f) is carried out by persons reasonably approved in writing by Landlord who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may reasonably require, with Landlord named as an additional insured; and (g) is done only at such time and in such manner as Landlord may reasonably specify. Landlord shall notify Tenant of its consent or disapproval of any such proposed Alterations within ten (10) business days after Landlord’s receipt of Tenant’s request therefor, together with all final plans and specifications for such alterationswork. Notwithstanding the foregoing to the contrary, additions and improvements. Tenant may make non-structural Alterations to the interior of the Premises (collectively, the “Acceptable Changes”) without Landlord’s consent shall not be unreasonably withheld with respect to alterations which consent, provided that (i) are not structural in natureTenant delivers to Landlord written notice of such Acceptable Changes (the “Acceptable Change Notice”) at least fifteen (15) days prior to the commencement thereof, (ii) are the cost of each such Acceptable Change does not visible from exceed $25,000.00 per job, and the exterior aggregate cost of all Acceptable Changes does not exceed $50,000.00 in any consecutive twelve (12) month period, (iii) such Acceptable Changes shall be performed by or on behalf of Tenant in compliance with the other provisions of this Article 11, (iv) such Acceptable Changes do not require the issuance of a building permit or other governmental approval, (v) such Acceptable Changes do not affect the structural components of the Building or any mechanical, plumbing, electrical, HVAC and/or life-safety systems of the Building, (iiivi) do such Acceptable Changes are not visible from or affect or require modification of any area located outside the Building’s electrical, mechanical, plumbing, HVAC or other systemsPremises, and (ivvii) such Acceptable Changes shall be performed by qualified contractors and subcontractors which normally and regularly perform similar work in aggregate do not cost more than $5.00 per rentable square foot the Complex or other first-class office and retail complexes in the Cottonwood sub-market of that portion of Salt Lake City, Utah (collectively, the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making “Comparable Buildings”). Tenant shall pay for all overhead, general conditions, fees and other costs and expenses of any such alterationAlterations, addition or improvement by Tenantand shall pay to Landlord all actual, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any nonout-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra of-pocket costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with such Alterations. Except as otherwise provided hereinbelow, all such Alterations (including all articles attached to the proposed work and floor, wall or ceiling of the design thereofPremises) shall become the property of Landlord. Landlord may, at Landlord’s election, cause such Alterations to be (A) surrendered with the Premises as part thereof at the termination or expiration of the Term of this Lease, without any payment, reimbursement or compensation therefor, or (B) removed by Tenant, at Tenant’s expense, on or prior to the termination or expiration of the Term of this Lease, with all damage caused by such amounts being due five removal repaired by Tenant; provided, however, with respect to Alterations made or caused to be made by Tenant with Landlord’s consent, Tenant shall have no obligation to remove such Alterations unless at the time Landlord approved the final working drawings for any such Alterations (5or, with respect to any Acceptable Change, no later than thirty (30) days after Landlord’s demand.
6.3 All alterationsreceipt of the Acceptable Change Notice applicable thereto), additions Landlord, by written notice to Tenant, identified those Alterations which Landlord would require Tenant to remove at the expiration or improvements proposed by earlier termination of the Term of this Lease, in which event Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide remove such identified Alterations on or before the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment expiration of the costs thereof, including but not limited to, notices Term of non-responsibility, waivers of lien, surety company performance bonds the Lease and funded construction escrows and to protect Landlord and the Building and appurtenant land against repair any loss damage resulting from any mechanic’s, materialmen’s or other lienssuch removal. Tenant shall pay reimburse, indemnify, defend and hold harmless Landlord from and against all costs, liens, claims, damages, losses, liabilities and expenses, including reasonable attorneys’ fees, which may arise out of, or be connected in addition to any sums due pursuant to Article 4way with, any increase in real estate taxes attributable to such Alterations. Within thirty (30) days following the imposition of any lien resulting from any such alterationAlterations, addition Tenant shall cause such lien to be released of record by payment of money or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as posting of a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2proper bond.
Appears in 2 contracts
Samples: Lease Agreement (Fusion-Io, Inc.), Lease Agreement (Fusion-Io, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer have the right to be made any make, at its sole expense, alterations, additionsmodifications, or additional installations, substitutions, improvements, including, but not limited to, the attachment of any fixtures renovations or equipment in, on, betterments made at or to the Premises Premises, or any part thereof or thereof, from and after the making completion of any improvements as required by Article 7the Initial Construction (collectively, without “ALTERATIONS”, but excluding the prior written consent addition, renewal and replacement of Landlord. When applying for such consentFF&E), Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect subject to alterations which the requirements set forth in this Section 3.2.
(i) Tenant, at its expense, shall obtain all necessary permits and certificates from Governmental Authorities for the commencement and prosecution of any Alterations and final approval from Governmental Authorities and upon completion, promptly deliver copies of the same to Landlord and cause any Alterations to be performed in compliance with all applicable Legal Requirements and requirements of Permitted Leasehold Mortgagees and insurers of the Premises, and in a good and workmanlike manner, using materials and equipment at least equal in quality to the original quality of the installations at the Premises that are not structural in nature, being replaced.
(ii) are not visible from The Landlord (solely in its capacity as the exterior owner of the BuildingSites) shall reasonably cooperate with Tenant in obtaining the permits and approvals required to be issued by Governmental Authorities in connection with construction on the Premises, including Alterations, required pursuant to the terms of this Lease and any necessary utility access agreements, shall sign any application reasonably made by Tenant which is required in order to obtain such permits and approvals and utility access agreements and shall provide Tenant with any information and/or documentation not otherwise reasonably available to Tenant (iiiif available to the Landlord) do not affect which is necessary to procure such permits and approvals and utility access agreements. Tenant shall reimburse the Landlord, within ten (10) days after the Landlord’s demand accompanied by reasonably sufficient documentation, for any reasonable out-of-pocket cost or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected expense incurred by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterationsassistance in obtaining the permits and approvals and utility access agreements. Notwithstanding anything to the contrary contained in the foregoing sentence, additions for so long as an Affiliate of Landlord owns, directly or improvements proposed by Tenant shall be constructed indirectly, an equity interest in accordance with all government lawsTenant, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable be entitled to any such alterationreimbursement from Tenant other than as provided in the Partnership Agreement.
(iii) No Alteration materially affecting the structural portions, addition roofs or improvement for so longthe heating, during the Termair conditioning, as elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of such increase is ascertainable; at Landlord’s election said sums Property shall be paid undertaken except under the supervision of a licensed architect or licensed professional engineer.
(iv) The costs of all Alterations shall be borne by Tenant.
(v) Landlord and Tenant acknowledge and agree that any Alterations shall be subject to the approval rights of the Theme Park Owner with respect to Creative Aspects (as defined in the same way Resort Agreement) as sums due under Article 4. Landlord mayset forth in the Resort Agreement; provided, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, that to the extent there is any conflict arising out of Landlord’s approval rights pursuant to clause (i) or (ii) of Section 3.2(c) and the Theme Park Owner’s approval rights pursuant to the Resort Agreement as required under Section 26.2thereby, Tenant and Landlord acknowledge and agree that the rights of the Theme Park Owner shall govern and control.
Appears in 2 contracts
Samples: Ground Lease, Ground Lease (Universal City Travel Partners)
Alterations. 6.1 Except for thoseTenant may make alterations, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterationsimprovements, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, oninstallations, or changes to the Premises or (any part thereof or of the making of any improvements as required by Article 7preceding, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which “Alterations”) only if: (i) are Tenant first obtains Landlord’s written consent (which consent may not structural in natureunreasonably be withheld, conditioned, or delayed), (ii) are not visible from the exterior of the BuildingTenant complies with all conditions, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall which may be made by using either Landlord’s contractor or a contractor reasonably approved imposed by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited toto Landlord’s selection of specific contractors or construction techniques (but Landlord may not unreasonably impose such restrictions), notices and (iii) Tenant pays to Landlord the reasonable costs and expenses of Landlord for architectural, engineering, or other consultants which reasonably may be incurred by Landlord in determining whether to approve any such Alterations. At least 30 days before making any Alterations, Tenant shall submit to Landlord, in written form, proposed detailed plans of such Alterations. Tenant shall, before commencing any Alterations, at Tenant’s sole cost, (i) acquire (and deliver to Landlord a copy of) a permit from appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant’s sole cost, in a prompt and expeditious manner), (ii) provide Landlord with 10 days’ prior written notice of the date the installation of the Alterations is to commence, which notice must explicitly remind Landlord to post and record an appropriate notice of non-responsibility, waivers and (iii) obtain (and deliver to Landlord proof of) reasonably adequate workers compensation insurance with respect to any of lien, surety company performance bonds and funded construction escrows and to protect Tenant’s employees installing or involved with such Alterations (which insurance Tenant shall maintain in force until completion of the Alterations). All Alterations shall upon installation become the property of Landlord and shall remain on and be surrendered with the Building Premises on termination of this Lease, except that Landlord may, at its election, require Tenant to remove any or all of the Alterations, by so notifying Tenant in writing at the time Landlord consents to the Alteration, in which event, Tenant shall, at its sole cost, on or before the Expiration Date or earlier termination of this Lease, repair and appurtenant land against any loss from any mechanic’s, materialmen’s or other liensrestore the Premises to the condition of the Premises prior to the installation of the Alterations which are to be removed. Tenant shall pay in addition all costs for Alterations and other construction done or caused to be done by Tenant and Tenant shall keep the Premises free and clear of all mechanics’ and materialmen’s lien’s resulting from or relating to any sums due pursuant Alterations or other construction. The term “Alteration” does not include any of the following that are paid for and installed by Tenant and Tenant may remove any of the following that are paid for and installed by Tenant at any time: Tenant’s personal property, equipment, capital equipment, fume hoods, fume snorkels, de-ionized water skids, vacuum pumps, dehumidification units, uninterruptible power supplies, warehouse racks, parts racks, scientific research equipment, portable cold rooms, moveable unattached lunch room and office furnishings and equipment, telecommunications and data equipment (other than cabling), machine shop tools and portable equipment, portable glass wash equipment, equipment monitoring systems, air compressors and emergency generators (collectively, the “Equipment”). Notwithstanding the foregoing, if installation of any of the Equipment materially effects any of the improvements within the Project, the installation itself (but not the Equipment) is considered an Alteration and subject to the requirements of this Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 413. Landlord mayacknowledges that Landlord has no lien, as a condition right, claim, interest or title in or to its consent to any particular alterations or improvementsthe Equipment, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, except to the extent required remaining at the Project after termination of this Lease. Tenant may grant a security interest in the Equipment. Within 14 days following Tenant’s written request, Landlord shall execute an acknowledgement of the foregoing in a commercially reasonable form for the benefit of the secured party under Section 26.2a security interest granted in accordance with the preceding sentence, allowing the secured party or equipment lessor access to the Premises for removal of the Equipment, subject to Landlord’s reasonable restrictions.
Appears in 2 contracts
Samples: Lease Agreement (Phenomix CORP), Sublease Agreement (Anadys Pharmaceuticals Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make alterations, repairs, additions or suffer improvements or install any Cable (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or Building; (c) will not affect the Base Building (defined in Section 5); (d) does not require work to be made performed inside the walls or above the ceiling of the Premises; (e) will not create excessive noise or result in the dispersal of odors or debris (including dust or airborne particulate matter); (f) costs less than $35,000.00; and (g) does not require the issuance of a construction permit. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting any alterationswork, additionsTenant shall furnish Landlord with detailed plans and specifications (which shall be in CAD format if requested by Landlord) prepared by a duly licensed architect or engineer; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building, Building Systems and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in form and amounts reasonably required by Landlord; and any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or improvementsplastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the attachment electrical room risers and any Common Areas), and (ii) at the termination point(s) of any fixtures or equipment in, on, or such Cable. All changes to the Premises or any part thereof or the making plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested a quality reasonably approved by Landlord, furnish complete plans and specifications for such alterations, additions and improvementsTenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Landlord’s consent shall not be unreasonably deemed to have been reasonably withheld with respect to alterations which if the proposed Alterations could (ia) are not affect any structural in nature, (ii) are not visible from the exterior component of the Building, ; (iiib) do not be visible from or otherwise affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that any portion of the Premises affected by Building other than the alterations interior of the Premises; (c) affect the Base Building or any Building Systems; (d) result in question.
6.2 In Landlord being required under any Laws to perform any work that Landlord could otherwise avoid or defer; (e) result in an increase in the event demand for utilities or services that Landlord consents is required to provide (whether to Tenant or to any other tenant in the making Building); (f) cause an increase in any Insurance Expenses; (g) result in the disturbance or exposure of, or damage to, any ACM or other Hazardous Material (defined below); or (h) violate or result in a violation of any such alterationLaw, addition Rule or improvement requirement under this Lease. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, the same Tenant shall be made by using either pay Landlord a fee for Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost oversight and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor coordination of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not Cosmetic Alterations equal to exceed five ten percent (510%) of the cost of the Alterations. Landlord may require a deposit of its estimated fees in advance of performing any review. Neither the payment of any such work to cover its overhead as it relates to such proposed workfees or costs, plus third-party costs actually incurred nor the monitoring, administration or control by Landlord in connection with of any contractor or any part of the proposed work and Alterations shall be deemed to constitute any express or implied warranty or representation that any Alteration was properly designed or constructed, nor shall it create any liability on the design thereof, with all such amounts being due five (5) days after part of Landlord. Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant approval of an Alteration shall not be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as deemed a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated representation by Landlord as sufficient to cover that the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.Alteration complies with
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Jaguar Health, Inc.)
Alterations. 6.1 Except for thosework or alterations of a cosmetic, if anydecorative, specifically provided for non-structural nature, which do not: (a) involve in Exhibit B any manner the mechanical, electrical or plumbing systems in the Building; or (b) exceed the cost of $50,000.00 in the aggregate, which aggregate shall include any work performed in any other premises leased by Tenant in the Building pursuant to this Leaseanother lease with Landlord, in any six-month period, Tenant shall not make do any work in or suffer to be made any alterations, additions, or improvements, including, but not limited to, about the attachment of any fixtures or equipment in, on, or to the Leased Premises or make any part thereof alterations or the making of any improvements as required by Article 7additions thereto, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s which consent shall not be unreasonably withheld with respect or delayed. All such work to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event performed and installed at Tenant’s sole cost and expense. If Tenant expense in accordance with plans and specifications to be supplied by Tenant, which plans and specifications, and the contractors, subcontractors and all suppliers of labor or materials shall employ any contractor other than in all instances first be subject to Landlord’s contractor and such other contractor approval, which shall not be unreasonably withheld or delayed. Landlord shall respond to any subcontractor of such other contractor shall employ any non-union labor or supplierrequest by Tenant for Landlord’s approval, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of including any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord request made in connection with the proposed work and Initial Work, within thirty (30) days, and, if Landlord does not give its approval, Landlord shall specify its reasons for not giving its approval. During the design thereofperformance of any work, with all such amounts being due five (5) days after whether or not Landlord’s demand.
6.3 All alterationsconsent is required therefor, additions or improvements proposed by Tenant shall be constructed maintain such insurance as Landlord may reasonably require for the benefit of Landlord or such other parties as Landlord shall designate in writing. Tenant shall reimburse Landlord for Landlord’s actual out-of-pocket costs in reviewing Tenant’s plans for any alterations requiring Landlord’s approval. Landlord shall provide Tenant with invoices from those professionals from whom Landlord incurred fees in support of Landlord’s demand for reimbursement in accordance with all government lawsthis Section. Landlord will make commercially reasonable efforts to cooperate with Tenant in connection with any application Tenant makes to obtain any permits, ordinanceslicenses, rules and regulations, using Building standard materials where applicable, and approvals and/or sign-offs necessary for any alterations or improvements Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due makes pursuant to Article 4, this Section. Within 30 days of completion of any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require regardless of whether Landlord’s consent is required therefor, Tenant shall furnish Landlord with complete as-built sepia and CAD drawings thereof. Landlord shall not charge Tenant a supervisory fee in connection with work performed pursuant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2this Section.
Appears in 2 contracts
Samples: Lease Agreement (Vitamin Shoppe, Inc.), Lease Agreement (Vitamin Shoppe, Inc.)
Alterations. 6.1 (a) Except for those, if any, specifically provided for as otherwise set out in Exhibit B to this LeaseSection 5.1(f), Tenant shall not make or suffer permit to be made any alterationsAlterations without Landlord's prior written consent. Reference is made to Exhibit "G" hereto, additionswhich contains the Tenant Design and Construction Standards applicable to the Building, which is incorporated by reference in this Lease. Landlord reserves the right to make reasonable changes and additions thereto.
(1) Prior to making any such Alterations, Tenant shall (i) submit to Landlord two (2) sets of detailed plans and specifications (including layout, architectural, electrical, mechanical and structural drawings) that comply with all Requirements for each proposed Alteration, and Tenant shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval shall not be unreasonably withheld or delayed, (ii) at Tenant's expense, obtain all permits, approvals and certificates required by any Governmental Authorities, and (iii) furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors, in connection with such Alteration) and commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents, any Lessor and any Mortgagee, as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alterations required by any Governmental Authority and shall furnish Landlord with copies thereof, together with the "as built" plans and specifications for such Alterations. All Alterations shall be made and performed in accordance with the plans and specifications therefor as approved by Landlord, all Requirements, Restrictive Covenants, and the Rules and Regulations. All materials and equipment to be incorporated in the Premises as a result of any Alterations shall be first quality and no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. In addition, any such Alteration for which the cost of labor and materials (as estimated by Landlord's architect, engineer or contractor) is in excess of Seventy-Five Thousand Dollars ($75,000.00), either individually or in the aggregate with any other Alteration constructed in any twelve (12) month period, shall be performed only under the supervision of a licensed architect satisfactory to Landlord.
(2) Landlord reserves the right to disapprove any plans and specifications in whole or in part, to reserve approval of items shown thereon pending its review and approval of other plans and specifications, and to condition its approval upon Tenant making revisions to the plans and specifications or supplying additional information; provided, however, that Landlord shall be reasonable in its exercise of these rights. Additionally, Landlord shall be deemed to have approved Tenant's plans and specifications if Landlord fails to respond to Tenant's plans and specifications within fifteen (15) days of Landlord's receipt thereof. Tenant agrees that any review or approval by Landlord of any plans and/or specifications with respect to any Alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant or any other Person with respect to the adequacy, correctness or sufficiency thereof or with respect to Requirements, Restrictive Covenants or otherwise.
(c) Alterations shall be performed at Tenant's expense and at such times and in such manner as Landlord may from time to time reasonably designate, unless, at the time of the Alterations, Tenant is the only occupant of the Building and Building No. 2, in which event, Tenant may control the times and manner (but always in accordance with all Requirements) to perform the Alterations. All Alterations shall become a part of the Building and shall be Landlord's property from and after the installation thereof and may not be removed or changed without Landlord's consent. Notwithstanding the foregoing, however, Landlord, upon notice given at least sixty (60) days prior to the Expiration Date or upon such shorter notice as is reasonable under the circumstances upon the earlier expiration of the Term, may require Tenant to remove any specified Alterations (other than those comprising part of Building Standard Condition) and to repair and restore in a good and workmanlike manner to Building Standard Condition (reasonable wear and tear excepted) any damage to the Premises or the Building caused by such removal. All Tenant's Property shall remain the property of Tenant and, unless Landlord and Tenant shall agree otherwise, on or before the Expiration Date shall, at Tenant's cost, be removed from the Premises by Tenant, and Tenant shall repair and restore in a good and workmanlike manner to Building Standard Condition (reasonable wear and tear excepted) any damage to the Premises or the Building caused by such removal. The provisions of this Section 5.1(c) shall survive the expiration or earlier termination of this Lease.
(1) All Alterations shall be performed, at Tenant's sole cost and expense, by contractors, subcontractors or mechanics approved by Landlord in Landlord's reasonable discretion.
(2) Notwithstanding the foregoing, with respect to any Alteration affecting any Building Systems, (i) Tenant, if required by Landlord, shall employ Landlord's or the Manager's designated contractor, and (ii) the Alteration shall, if required by Landlord, at Tenant's expense, be designed by either Landlord's or the Manager's engineer.
(1) Any mechanic's lien filed against the Premises or the Real Property for work claimed to have been done for, or improvementsmaterials claimed to have been furnished to, Tenant shall be canceled or discharged by Tenant, at Tenant's expense, within twenty (20) days after such lien shall be filed, by payment or filing of the bond required by law, and Tenant shall indemnify and hold Landlord harmless from and against any and all costs, expenses, claims, losses or damages resulting therefrom by reason thereof.
(2) If Tenant shall fail to discharge such mechanic's lien within the aforesaid period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanic's lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor, with interest, costs and allowances.
(3) Any amount paid by Landlord for any of the aforesaid charges and for all expenses of Landlord (including, but not limited to, attorneys' fees and disbursements) incurred in defending any such action, discharging said lien or in procuring the attachment discharge of any fixtures or equipment insaid lien, onwith interest on all such amounts at the maximum legal rate of interest then chargeable to Tenant from the date of payment, or shall be repaid by Tenant within ten (10) days after written demand therefor, and all amounts so repayable, together with such interest, shall be considered Additional Rent.
(f) Notwithstanding anything to the contrary set forth in this Article V, Tenant, without Landlord's consent, is permitted to make Alterations to the Premises or any part thereof which relate only to the cosmetic appearance, nonstructural components, and/or non-load-bearing portions of the Premises (and which do not affect the structural and/or load-bearing elements of the Building or the making of Building Systems), provided such Alterations do not cost, in the aggregate, more than Seventy-Five Thousand Dollars ($75,000.00) during any improvements as required by Article 7, without twelve (12) month period during the prior written consent of LandlordTerm.
Section 5.2. When applying for such consent, Tenant shall, if requested by shall reimburse Landlord, furnish complete within five (5) Business Days after demand therefor, for any reasonable out-of-pocket expense incurred by Landlord for reviewing the plans and specifications for such alterations, additions and improvementsany Alterations or inspecting the progress of completion of the same.
Section 5.3. Landlord’s consent , at Tenant's expense, and upon the request of Tenant, shall join in any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alteration (provided that the provisions of the applicable Requirements shall require that Landlord join in such application) and shall otherwise cooperate with Tenant in connection therewith, provided that Landlord shall not be unreasonably withheld with respect obligated to alterations which (i) are not structural incur any cost or expense or liability in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in questionconnection therewith.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expenseSection 5.4. If Tenant shall employ any contractor other than Landlord’s contractor furnish to Landlord copies of records of all Alterations and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five thereof within fifteen (515) days after Landlord’s demandthe completion of such Alterations.
6.3 All alterationsSection 5.5. TENANT HEREBY ACCEPTS THE PREMISES "AS IS, additions or improvements proposed by Tenant shall be constructed in accordance with all government lawsWHERE IS," AND WITHOUT ANY WARRANTY, ordinancesEXPRESS OR IMPLIED, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liensEXCEPT AS OTHERWISE SET FORTH IN THIS LEASE.
Section 5.6. Tenant shall pay in addition not, at any time prior to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, whether in connection with any Alteration or otherwise, if such employment would unreasonably interfere or cause any unreasonable conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant or others, or of any other property owned by Landlord. In the event of any such unreasonable interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately.
Section 5.7. During the course of any Alteration and any construction by Landlord, whether on the Land or on any real property adjacent to the extent required under Section 26.2Land, Landlord and Tenant shall cooperate with each other, and shall cause their contractors and subcontractors to cooperate, so as to minimize interruption and interference with each other's construction activities.
Appears in 2 contracts
Samples: Lease Agreement (Harrahs Entertainment Inc), Purchase and Sale Agreement (Harrahs Entertainment Inc)
Alterations. 6.1 Except for thoseBorrower may, if anywithout Lender’s consent, specifically provided for perform alterations to the Improvements and Equipment which (i) do not constitute a Material Alteration, (ii) do not materially adversely affect (a) Borrower’s financial condition or (b) the value or Net Operating Income of the Property, (iii) are in Exhibit B to this Leasethe ordinary course of Borrower’s business, Tenant shall and (iv) do not make materially change or suffer to be made any alterations, additionsimpact the use or zoning of, or improvements, including, but not limited access to, the attachment of Property or reduce the parking ratio thereof. Borrower shall not perform any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, Material Alteration without the Lender’s prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s which consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in natureor delayed; provided, (ii) are not visible from the exterior of the Buildinghowever, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by LandlordLender may, in either event at Tenant’s its sole cost and expense. If Tenant shall employ absolute discretion, withhold consent to any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplieralteration proposed by Borrower, Tenant shall be responsible for and hold Landlord harmless from any and all delaysbut not by tenants under the Leases, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work which is reasonably estimated to cover exceed $250,000 (as determined by Lender in its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liensreasonable discretion). Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord Lender may, as a condition to giving its consent to any particular alterations or improvementsa Material Alteration, require Tenant that Borrower deliver to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover Lender security for payment of the cost of removing such alterations Material Alteration and evidence of general liability and workmen’s compensation insurance. Upon substantial completion of the Material Alteration, Borrower shall provide evidence reasonably satisfactory to Lender that (i) the Material Alteration was constructed in accordance with applicable Legal Requirements and substantially in accordance with plans and specifications approved by Lender (which approval shall not be unreasonably withheld or improvements delayed), (ii) all contractors, subcontractors, materialmen and restoring professionals who provided work, materials or services in connection with the PremisesMaterial Alteration have been paid in full and have delivered unconditional releases of lien and (iii) all material Licenses necessary for the use, to operation and occupancy of the extent required under Section 26.2Material Alteration (other than those which depend on the performance of tenant improvement work) have been issued. Borrower shall reimburse Lender upon demand for all out-of-pocket costs and expenses (including the reasonable fees of any architect, engineer or other professional engaged by Lender) incurred by Lender in reviewing plans and specifications for any Material Alterations.
Appears in 2 contracts
Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland Real Estate Income Trust, Inc.)
Alterations. 6.1 Except for those17.1 Tenant shall make no alterations, additions or improvements in or to the Demised Premises without Landlord's prior written consent, which approval shall not be unreasonably withheld and provided that Landlord shall not be required to incur any costs in connection therewith and then only by architects, contractors, suppliers or mechanics approved by Landlord in Landlord's sole discretion. In seeking Landlord's approval, Tenant shall provide Landlord, at least fourteen (14) days in advance of any proposed construction, with plans, specifications, bid proposals, work contracts and such other information concerning the nature and cost of the alterations as may be reasonably requested by Landlord.
17.2 Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with free access to mechanical installation or service facilities of the Building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities.
17.3 Tenant agrees that any work by Tenant shall be accomplished in such a manner as to permit any fire sprinkler system and fire water supply lines to remain fully operable at all times.
17.4 All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations, and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations, and requirements of any applicable fire rating bureau. Tenant shall obtain all applicable building permits and occupancy certificate. Tenant shall provide Landlord with "as-built" plans showing any change in the Demised Premises.
17.5 Before commencing any work, Tenant shall give Landlord at least fourteen (14) days' prior written notice of the proposed commencement of such work and shall, if anyrequired by Landlord, specifically provided secure at Tenant's own cost and expenses a completion and lien indemnity bond satisfactory to Landlord for said work.
17.6 All alterations, attached equipment, decorations, fixtures, trade fixtures, additions and improvements, subject to Section 17.8, attached to or built into the Demised Premises, made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in Exhibit B cabinet work and paneling, exterior venting fume hoods and walk in freezers and refrigerators, shall, unless prior to such construction or installation, Landlord elects otherwise, become the property of Landlord upon the expiration or earlier termination of the term of this Lease, and shall remain upon and be surrendered with the Demised Premises as a part thereof.
17.7 Tenant shall not make or suffer repair any damage to be made the Demised Premises caused by Tenant's removal of any alterationsproperty from the Demised Premises. During any such restoration period, additionsTenant shall pay Rent to Landlord as provided herein as if said space were otherwise occupied by Tenant.
17.8 All business and trade fixtures, or improvementsmachinery and equipment, includingbuilt-in furniture and cabinets, including but not limited to, the attachment of any fixtures or equipment inthose items listed on Exhibit "G" attached hereto, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, together with all additions and improvements. Landlord’s consent accessories thereto, installed in and upon the Demised Premises and paid for by Landlord shall be and remain the property of Landlord and shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from moved by Tenant at any time during the exterior term of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expensethis Lease. If Tenant shall employ fail to remove all of its effects from the Demised Premises prior to termination of this Lease, then Landlord may, at its option, remove the same in accordance with law, and store said effects, and Tenant agrees to pay Landlord upon demand any contractor other than Landlord’s contractor expenses incurred for such removal and such other contractor storage or Landlord may, at its option, in accordance with law, sell said property or any subcontractor of the same, for such price as Landlord may obtain and apply the proceeds of such sale against any amounts due under this Lease from Tenant to Landlord and against any expenses incident to the removal, storage and sale of said personal property.
17.9 Notwithstanding any other contractor shall employ provision of this Article 17 to the contrary, in no event may Tenant remove any non-union labor or supplierimprovement from the Demised Premises as to which Landlord contributed payment, including, without limitation, the Tenant Improvements made pursuant to the Work Letter and paid for by Landlord without Landlord's prior written consent, which may be withheld in Landlord's sole discretion.
17.10 Tenant shall be responsible for and hold pay to Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not an amount equal to exceed five percent (5%) of the cost to Tenant of all changes installed by Tenant or its contractors or agents to cover Landlord's overhead and expenses for plan review, coordination, scheduling and supervision thereof. For purposes of payment of such sum, Tenant shall submit to Landlord copies of all bills, invoices, and statements covering the costs of such changes, which will be accompanied by payment to Landlord of the percentage fee set forth above. Tenant shall reimburse Landlord for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, or by reason of delays caused by such work, or by reason of inadequate cleanup. Nothing contained in this provision shall be construed as obligating Tenant to pay such fee to Landlord with respect to the work to be performed pursuant to the Work Letter.
17.11 Notwithstanding any of the foregoing, Tenant may construct non-structural alterations, additions and improvements ("Minor Alterations") in the Demised Premises with not less than fourteen (14) days prior written notice to Landlord but without Landlord's prior approval, if i) the cost of such work (whether conducted in one or a series of jobs) does not exceed Twenty Five Thousand Dollars ($25,000) ii) the Minor Alterations do not impact the Building systems such as electrical, heating, air conditioning, water and plumbing; and iii) are not visible from Common Areas of the Building. Minor Alterations shall not be subject to cover its overhead as Section 17.10 above. Upon request, Landlord shall advise Tenant in Writing whether it relates reserves the right to such proposed workrequire Tenant to remove any alterations from the Demised Premises upon termination of this Lease. Alterations and Tenant's trade fixtures, plus third-party costs actually incurred furniture, equipment and other personal property placed in the Demised Premises and paid for by Landlord in connection with the proposed work Tenant ("Tenant's Property") shall at all times be and the design thereofremain Tenant's property, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by and Tenant shall be constructed entitled to all depreciation, amortization and other tax benefits with respect thereto. Except for alterations which cannot be removed without structural injury to the Demised Premises, or which have become fixtures of the Building, at any time, Tenant may remove Tenant's Property from the Demised Premises, provided that Tenant repairs all damage caused by such Property removal. Landlord shall have no lien or other interest whatsoever in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicableany item of Tenant's Property located in the Demised Premises, and Tenant shall, prior shall execute any document reasonably necessary to construction, provide the additional insurance required under Article 11 waive any lien or interest in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid Tenant's Property located in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Demised Premises, to the extent required under Section 26.2.
Appears in 2 contracts
Samples: Expansion Lease (Senomyx Inc), Expansion Lease (Senomyx Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additionsrepairs, additions or improvementsimprovements or install any Cable (collectively referred to as “Alterations”) in the Premises, without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right to make Cosmetic Alterations (as defined below) to the Premises without Landlord’s prior written approval. “Cable” shall mean and refer to any electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant or any party acting under or through Tenant. Prior to starting work on any Alterations, Tenant shall furnish Landlord with plans and specifications as applicable (which shall be in CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below); required permits and approvals; and evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming as additional insureds the Landlord, the managing agent for the Building, and such other Additional Insured Parties (as defined in Section 13) as Landlord may reasonably designate for such purposes, and with respect to any Alterations costing in excess of $300,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable; provided, however, Landlord hereby provides its approval of Comcast, Crown Castle and RMON Networks as Tenant’s Cable contractor (but not as service providers unless the same are existing service providers for the Building or are otherwise approved by Landlord) for the Initial Tenant Work and any Alterations. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s name, suite number, and the purpose of such Cable (i) every 6 feet outside the Premises (specifically including, but not limited to, the attachment electrical room risers and any Common Areas), and (ii) at the termination point(s) of any fixtures or equipment in, on, or such Cable. Changes to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications must also be submitted to Landlord for such alterations, additions and improvementsits approval. LandlordLandlord shall use reasonable efforts to either approve or deny Tenant’s consent shall not be unreasonably withheld with respect to alterations which request for approval of Alterations within ten (i10) are not structural in nature, (ii) are not visible from the exterior Business Days of the Building, (iii) do not affect or require modification receipt of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected written request by the alterations in question.
6.2 Xxxxxx. In the event that Landlord consents fails to respond within such ten (10) Business Day period, Tenant may deliver a second written notice, which second written notice shall include the making of following language in bold, 14-point font and all caps, “ATTENTION: FAILURE BY LANDLORD TO RESPOND WITHIN THREE (3) BUSINESS DAYS OF RECEIPT OF THIS NOTICE SHALL CONSTITUTE DEEMED APPROVAL BY LANDLORD OF THE SUBJECT OF THIS NOTICE” (any such alterationsecond written notice with such required language in bold, addition or improvement by Tenant14-point font and all caps, the same a “Deemed Approval Reminder”), and if Landlord fails to respond within three (3) Business Days of Landlord’s receipt of such Deemed Approval Reminder, then Landlord’s approval of such Alterations shall be made by deemed granted. Alterations shall be constructed in a good and workmanlike manner using either Landlord’s contractor materials of a first class quality or a contractor otherwise as reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ ensure that no Alteration impairs any contractor other than Building system or Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, ability to perform its obligations hereunder. Tenant shall be responsible reimburse Landlord for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus reasonable third-party costs expenses actually incurred by Landlord in connection with the proposed work and the design thereofreview of Xxxxxx’s plans for Alterations and, with all such amounts being due five (5) days after except for Cosmetic Alterations, shall pay to Landlord or its managing agent a fee for Landlord’s demand.
6.3 All alterationsadministrative oversight and coordination of any Alterations equal to 2.5% of the hard costs of the Alterations. Upon completion, additions or improvements proposed by Tenant shall be constructed furnish “as-built” plans (in accordance with all government lawsCAD format, ordinancesif requested by Landlord) for Alterations, rules customary AIA completion affidavits, full and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, final waivers of lien, surety company performance bonds any applicable certificate of occupancy for the space affected by such Alterations, and funded any other items required under the Building’s construction escrows rules and regulations for closing out the particular work in question. Landlord’s approval of an Alteration shall not be deemed to protect be a representation by Landlord and that the Alteration complies with Law or will not adversely affect any Building and appurtenant land against system. If any loss from Alteration requires any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition change to any sums due pursuant to Article 4the Base Building, any increase in real estate taxes attributable to Building system, or any Common Area, then such alterationchanges shall be made at Tenant’s sole cost and expense and performed, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums election, either by Xxxxxx’s contractor or a contractor engaged by Xxxxxxxx, provided that Tenant shall not be required to pay in excess of market rates. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or Building; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be paid in subject to all the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost other provisions of removing such alterations or improvements and restoring the Premisesthis Section 8.01, to the extent required under Section 26.2applicable thereto, but for purposes of clarification, shall not be subject to the 2.5% administrative fee.
Appears in 2 contracts
Samples: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or improvements to the Premises or any part thereof or (collectively, the making of any improvements as required by Article 7, “Alterations”) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises which approval shall not be unreasonably withheld. When applying for such consent, Tenant shall, if requested by Landlord, shall furnish complete plans and specifications to Landlord for such alterations, additions and improvements. its approval at the time Tenant requests Landlord’s consent shall not be unreasonably withheld with respect to alterations which any Alterations if the desired Alterations: (i) are not structural in nature, may affect the Building’s Systems or Building’s Structure; (ii) are not visible from outside the exterior of the Building, Premises; (iii) do not affect will require the filing of plans and specifications with any governmental or require modification of the Building’s electrical, mechanical, plumbing, HVAC quasi-govermental agency or other systems, and authority; (iv) will cost in aggregate do not cost more than excess of Ten Dollars ($5.00 10.00) per rentable square foot of that portion the affected area; or (v) will require a building permit or similar governmental approval to undertake. Subsequent to obtaining Landlord’s consent and prior to commencement of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplierAlterations, Tenant shall be responsible for deliver to Landlord any building permit required by applicable Law and hold Landlord harmless from any and all delays, damages and extra costs suffered by a copy of the executed construction contract(s). Tenant shall reimburse Landlord as Additional Rent within ten (10) days after the rendition of a result xxxx for all of any dispute Landlord’s reasonable actual out-of-pocket costs incurred in connection with any labor unions concerning Alterations, including all management, engineering, outside Consulting, and construction fees incurred by or on behalf of Landlord for the wage, hours, terms or conditions review and approval of Tenant’s plans and specifications and for the monitoring of construction of the employment Alterations provided in no event shall the aggregate of any such labor. In any event Landlord may charge Tenant a construction management fee not to fees exceed five percent (5%) of the amount of the construction contract. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense by a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Without Landlord’s prior written consent, Tenant shall not use any portion of such work the Common Areas either within or without the Project or Complex, as applicable, in connection with the making of any Alterations. If the Alterations which Tenant causes to cover its overhead be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project or Complex, as it relates applicable, in order to such proposed workcomply with any applicable Laws, plus third-party then Tenant shall reimburse Landlord upon demand for all costs actually and expenses incurred by Landlord in connection with the proposed work and the design thereof, with all making such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be constructed surrendered with the Premises upon the expiration or sooner termination of this Lease or Tenant’s right to possession of the Premises, unless Landlord requires the removal of such Alterations by notifying Tenant of such requirement at the time Tenant requests Landlord’s consent to such Alterations, or if no consent is required, when Tenant notifies Landlord of its plans for such Alterations. If Landlord requires the removal of such Alterations, Tenant shall at its sole cost and expense, forthwith and with all due diligence (but in any event not later than ten (10) business days after the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises) remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed (including without limitation stairs, bank vaults, and cabling, if applicable) and repair and restore the Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. All construction work doně by Tenant within the Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all Laws, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Project or Complex, as applicable. Tenant agrees to indemnify, defend and hold Landlord harmless against any loss, liability or damage resulting from such work. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any Alterations (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be solely responsible for ensuring all such compliance. All voice, data, video, audio and other low voltage control transport system cabling and/or cable bundles installed in the Building by Tenant or its contractor shall be (A) plenum rated and/or have a composition makeup suited for its environmental use in accordance with NFPA 70/National Electrical Code; (B) labeled every 3 meters with the Tenant’s name and origination and destination points; (C) installed in accordance with all government lawsEIA/TIA standards and the National Electric Code; (D) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of cable pathways, ordinancesoutlet identification numbers, rules locations of all wall, ceiling and regulationsfloor penetrations, using Building standard materials where riser cable routing and conduit routing (if applicable), and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances other information as Landlord may reasonably request. The routing plan shall be available to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and its agents at the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2upon request.
Appears in 2 contracts
Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, improvements, additions, installations, or improvements, including, but not limited to, the attachment changes of any fixtures or equipment in, on, nature in or to the Premises or (any part thereof or of the making of any improvements as required by Article 7preceding, without the prior “Alterations”) unless (i) Tenant first obtains Landlord’s written consent of Landlord. When applying for such consent, provided, however, that minor, interior cosmetic alterations such as painting, wall papering, carpeting or hanging pictures or moving furniture and temporary partitions or cubicldes (the aggregate cost of which will not exceed $50,000.00, and which alteration will not be visible from outside the Premises or affect any structural components of the Project) does not require Landlord’s approval so long as Tenant shall, if requested notifies Landlord in writing of the nature and extent of such alteration at least 15 business days before commencing such alteration); (ii) Tenant complies with all conditions which may be imposed by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. including but not limited to Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from selection of specific contractors or construction techniques and the exterior requirements of the Building, attached Exhibit “C”; and (iii) do not affect or require modification Tenant pays to Landlord the reasonable costs and expenses of the Building’s electricalLandlord for architectural, mechanicalengineering, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall consultants which reasonably may be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereofdetermining whether to approve any such Alterations. At least 30 days prior to making any Alterations, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed submit to Landlord, in accordance with all government lawswritten form, ordinances, rules and regulations, using Building standard materials where applicable, and proposed detailed plans of such Alterations. Tenant shall, prior to constructionthe commencement of any Alterations, provide the additional insurance required under Article 11 in such caseat Tenant’s sole cost, (i) acquire (and also all such assurances deliver to Landlord as a copy of) any required permit from the appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant’s sole cost, in a prompt and expeditious manner), (ii) provide Landlord shall reasonably require to assure payment with ten days’ prior written notice of the costs thereofdate the installation of the Alterations is to commence, including but not limited to, notices so that Landlord can post and record an appropriate notice of non-responsibility, waivers and (iii) obtain (and deliver to Landlord proof of) reasonably adequate workers compensation insurance with respect to any of lien, surety company performance bonds and funded construction escrows and to protect Tenant’s employees installing or involved with such Alterations (which insurance Tenant shall maintain on an occurrence basis in force until completion of the Alterations). All Alterations shall upon installation become the property of Landlord and shall remain on and be surrendered with the Building Premises on the Expiration Date, except that Landlord may, at its election, require Tenant to remove any or all of the Alterations, by so notifying Tenant in writing on or about the Expiration Date, in which event, Tenant shall, at its sole cost, on or before the Expiration Date or within five days of Landlord’s request, if after the Expiration Date, repair and appurtenant land against any loss from any mechanic’s, materialmen’s or other liensrestore the Premises to the condition of the Premises prior to the installation of the Alterations which are to be removed. Tenant shall pay in addition all costs for Alterations and other construction done or caused to be done by Tenant and Tenant shall keep the Premises free and clear of all mechanics’ and materialmen’s liens resulting from or relating to any sums due pursuant to Article 4Alterations or other construction. Tenant may, any increase in real estate taxes attributable to at its election, contest the correctness or validity of any such alterationlien provided that (a) immediately on demand by Landlord, addition Tenant procures and records a lien release bond, issued by a corporation satisfactory to Landlord and authorized to issue surety bonds in California, in an amount equal to 150 percent of the amount of the claim of lien, which bond meets the requirements of California Civil Code Section 3143 or improvement for so longany successor statute, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. and (b) Landlord may, as a condition to at its consent to any particular alterations or improvementselection, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing pay Landlord’s attorneys’ fees and costs incurred in participating in such alterations or improvements and restoring the Premises, to the extent required under Section 26.2an action.
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Samples: Modified Gross Office Lease, Modified Gross Office Lease (Bakbone Software Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, The Tenant shall not make or suffer any Alterations without complying with the following provisions:
(a) The Tenant may make Alterations to be made any alterations, additions, or improvements, includingthe Demised Premises other than Structural Alterations and Major Alterations without the Landlord’s prior consent, but not limited towith prior Notice to Landlord as to any Alterations costing in excess of Two Million Dollars ($2,000,000). The Landlord agrees that, to the extent that any proposed Structural Alterations or Material Alterations are described on Schedule “F” hereto, the attachment of any fixtures or equipment in, on, or to Landlord hereby consents thereto. Structural Alterations and Major Alterations shall require the Premises or any part thereof or the making of any improvements as required by Article 7, without the Landlord’s prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s which consent shall not be unreasonably withheld with respect to alterations which (i) are not structural withheld, delayed or conditioned unless such Structural Alterations or Major Alterations when completed may, in naturethe Landlord’s opinion, (ii) are not visible from acting reasonably and in good faith, reduce the exterior value or impair the use of the BuildingDemised Premises in which case the Landlord’s consent may be arbitrarily withheld.
(b) With its request for the Landlord’s consent to any Structural Alterations or Major Alterations, (iii) do not affect or require modification the Tenant shall submit to the Landlord details of the Building’s electrical, mechanical, plumbing, HVAC or other systems, proposed Alterations including plans and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected specifications where applicable prepared by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenanta qualified Architect, the same estimated costs of such Structural or Major Alterations and such Alterations shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed completed materially in accordance with such plans and specifications once approved in writing by the Landlord.
(c) Unless expressly authorized in writing by the Landlord to the contrary, all government lawsStructural Alterations shall be conducted under the supervision of an Architect retained by the Tenant and approved by the Landlord, ordinancessuch approval not to be unreasonably withheld, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment delayed or conditioned. The name of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums supervising Architect shall be paid included with the request set out in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.27.1(b) above.
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Samples: Agreement of Purchase and Sale (GTWY Holdings LTD), Agreement of Purchase and Sale (Gateway Casinos & Entertainment LTD)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of LandlordLandlord which consent shall not be unreasonably withheld, conditioned or delayed. When applying for such consentconsent (if required) or providing such notice (if Landlord’s consent is not required as hereinafter provided), Tenant shall, if reasonably requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Notwithstanding the foregoing, Landlord’s consent shall not be unreasonably withheld required (but prior written notice from Tenant to Landlord shall be required) with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not have an aggregate cost of more than One Hundred Thousand Dollars ($5.00 per rentable square foot of that portion of the Premises affected by the alterations 100,000.00) in questionany consecutive twelve (12) month period.
6.2 In the event Landlord consents If Landlord’s consent is required pursuant to the making of Section 6.1, any such alteration, addition or improvement by Tenant, the same Tenant shall be made by using using, at Tenant’s option, either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event event, Landlord may charge require that Tenant a pay Landlord the construction management fee charged to Landlord by Landlord’s property management company not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five twenty (520) days after Landlord’s demand. Tenant shall not be obligated to pay such fees in connection with the Landlord’s Work performed pursuant to the Work Letter attached as Exhibit B hereto or in connection with any work performed by Tenant to prepare the Premises for its initial occupancy. Tenant shall be required to remove or restore any alterations, additions or improvements performed by Tenant unless, simultaneously with any such written consent of Landlord (if required) or notice to Landlord (if Landlord’s consent is not required) of such alteration, addition or improvement, Landlord provides Tenant with a written statement that the alteration, addition or improvement being performed does not need to be removed or restored by Tenant at the end of the Term. In the event that Landlord fails to notify Tenant within ten (10) business days of Tenant’s request for Landlord’s consent (if required) or notice to Landlord (if Landlord’s consent is not required) of any alteration, addition or improvement whether such alteration, addition or improvement needs to be removed or restored at the end of the Term, then such failure shall constitute a determination by Landlord that such alteration, addition or improvement does not need to be removed or restored at the end of the Term.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liensliens (provided, however, that such surety company performance bonds and funded construction escrows shall not be required by Landlord so long as (a) Tenant is not then in default under this Lease beyond any applicable notice and core period, (b) Landlord has not applied the Security Deposit or drawn on the letter of credit as a result of a default by Tenant under this Lease beyond any applicable notice and cure period, and (c) such set of alterations, additions or improvements by Tenant do not exceed One Hundred Thousand Dollars ($100,000.00) in the aggregate). Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvementsimprovements which Tenant would be required to remove or restore at the end of the Term, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations alterations, additions or improvements and restoring the Premises, ; but only to the extent required under Section 26.2that the reasonably estimated costs of removal and restoration of such alteration, addition or improvement exceed seventy five percent (75%) of the Security Deposit to be held by Landlord at the end of the Term.
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Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any no alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or improvements to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s which consent shall not be unreasonably withheld with respect withheld. Notwithstanding the foregoing, Tenant may make such alterations, additions or improvements to alterations the Premises costing up to One Hundred Thousand Dollars ($100,000.00) for each calendar year of the Term (on a non-cumulative basis) without Landlord's consent, provided, however, that any alterations, additions or improvements which change the basic floor plan of the Premises, which change the structural or mechanical systems of the Premises, shall require Landlord's prior written consent, which shall not be unreasonably withheld. Notwithstanding anything to the contrary contained in either of the foregoing sentences, however, no alterations, additions or improvements to the Premises shall: (i) are not structural in nature, (ii) are not visible from affect the exterior of the Building or outside areas (or be visible from adjoining sites), or (ii) affect or penetrate any of the structural portions of the Building, including but not limited to the roof, or (iii) do interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not affect or require modification limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the Building’s electricalwork. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, mechanicalregulations and ordinances, plumbingall covenants, HVAC or other systemsconditions and restrictions affecting the Project, and the Rules and Regulations (iv) in aggregate do not cost more than $5.00 per rentable square foot of hereafter defined). Tenant understands and agrees that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or entitled to a contractor reasonably approved by Landlord, supervision fee in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor the amount of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five three percent (53%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All any alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against work which requires Landlord's consent thereto. If any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord maygovernmental entity requires, as a condition to its any proposed alterations, additions or improvements to the Premises by Tenant, that improvements be made to the Common Areas, and if Landlord consents to such improvements to the Common Areas, then Tenant shall, at Tenant's sole expense, make such required improvements to the Common Areas in such manner, utilizing such materials, and with such contractors (including, if required by Landlord, Landlord's contractors) as Landlord may reasonably require. Under no circumstances shall Tenant make any improvement which incorporates any Hazardous Materials, including without limitation asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to any particular alterations Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvementsimprovements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, as provided in the next succeeding paragraph of this Section 7.3, require Tenant to deposit with Landlord remove by the amount reasonably estimated Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Except as sufficient otherwise provided in this Lease or in any Exhibit to cover this Lease, should Landlord make any alteration or improvement to the cost Premises for Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred. As of removing such alterations the Expiration Date or earlier termination of the Term, Landlord shall have the right to require Tenant to remove any alterations, additions or improvements made subsequent to the Commencement Date, whether or not Landlord's consent therefor was required. Notwithstanding the foregoing, if at the time of requesting Landlord's consent for any such alterations, improvements or additions, Tenant shall request in writing whether or not Landlord shall require such alterations, improvements or additions to be removed as of the Expiration Date or earlier termination of this Lease, then Landlord's right to require Tenant to remove such alterations, improvements or additions shall be exercised, if at all, at the time of Landlord's approval thereof. Landlord and restoring Tenant agree that Tenant shall have the Premisesright, upon expiration or termination of this Lease, to remove any and all phone systems, furniture, fixtures and other personal property which are not permanently affixed to the extent required under Section 26.2Premises or which may be removed without significant change to the Premises (including floor coverings, draperies, and/or removable shelves) that are installed in the Premises at Tenant's sole expense; provided, however, that Tenant shall, at its sole cost, repair any damage caused by such removal, reasonable wear and tear excepted.
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Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, 7.1 Tenant shall will not make or suffer permit anyone to be made make any alterations, additions, improvements or improvementsother changes (collectively the "Alterations"), includingstructural or otherwise, but not limited to, the attachment of any fixtures or equipment in, on, in or to the Leased Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord, except as provided in Section 7.2 hereof, which consent may be withheld or granted in Landlord's sole and absolute discretion. When applying for such consentAny Alterations made by Tenant shall be made: (a) in a good, Tenant shallworkmanlike, if requested first- class and prompt manner; (b) by a contractor approved in writing by Landlord and in accordance with plans and specifications approved in writing by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent which approvals shall not be unreasonably withheld or delayed; (c) in accordance with all applicable legal requirements and the requirements of any insurance company insuring the Leased Premises or portion thereof; and (d) after Tenant has obtained public liability and workmen's compensation insurance policies approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed, which policies shall cover every person who will perform any work with respect to alterations which such Alterations.
7.2 Notwithstanding the foregoing, Tenant shall have the right to make Alterations without the Landlord's consent, provided such Alterations (ia) are not structural in naturemade to the interior tenant space of the Building, (iib) are do not visible from adversely affect the structural integrity or exterior of the Building, (iiic) do not affect or require modification the Common Areas of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited toto the elevators and lobby, notices and (d) do not adversely affect the electrical, heating or plumbing systems servicing the Building. In the event Tenant makes any Alterations estimated to cost at least Ten Thousand and No/100 Dollars ($10,000.00), Tenant shall provide written notice of non-responsibilitysuch Alterations to Landlord prior to commencing the installation of such Alterations. Additionally Tenant shall comply with the provisions of Section 7.1(a) and Section 7.1(c) hereof.
7.3 If any Alterations other than those permitted by Section 7.2 hereof are made without the prior written consent or approval of Landlord, waivers Landlord shall have the right at Tenant's expense to remove and correct such Alterations and restore the Leased Premises to its condition immediately prior thereto, or to require Tenant to do the same. All Alterations to the Leased Premises made by either party shall immediately become the property of lien, surety company performance bonds and funded construction escrows and to protect Landlord and shall remain upon and be surrendered with the Building Leased Premises as a part thereof at the expiration or earlier termination of the Lease Term; provided, however, that if an Event of Default has not occurred or has occurred but is not continuing hereunder, then Tenant shall have the right to remove, prior to the expiration or earlier termination of the Lease Term, all MOVABLE furniture, furnishings, equipment, fixtures and appurtenant land against Alterations installed in the Leased Premises solely at the expense of Tenant. As consideration for Landlord not requiring that Tenant repair any loss from any mechanic’sdamage to the Leased Premises caused by such removal, materialmen’s whether or other liens. not such removal actually occurs, Tenant shall pay to Landlord Seven Hundred Eighty Five Thousand and No/100 Dollars ($785,000.00) on or before the expiration of the initial ten (10) year Lease Term; provided, however that if Tenant elects to extend the Lease Term in addition accordance with Section 30.1 hereof, Tenant shall not be obligated to pay to Landlord Seven Hundred Eighty Five Thousand and No/100 Dollars ($785,000.00) on or before the expiration of the initial ten (10) year Lease Term, but Tenant shall then be obligated to pay to Landlord Six Hundred Fifteen Thousand and No/100 Dollars ($615,000.00) on or before the expiration of the five (5) year Renewal Term. Landlord and Tenant acknowledge and agree that the payment required by the preceding sentence shall be accomplished by an offset of the amount of such required payment against the same amount of principal owed by Landlord to Tenant in connection with the Loan, which offset shall be effected on the date such required payment is due and payable. If any sums due MOVABLE furniture, furnishings, equipment, fixtures and Alterations installed in the Leased Premises solely at the expense of Tenant and that Landlord is permitted to remove pursuant to Article 4, any increase in real estate taxes attributable the first sentence of this Section 7.3 are not removed by Tenant prior to any such alteration, addition the expiration or improvement for so long, during earlier termination of the Lease Term, as Landlord shall have the right at Tenant's expense to remove from the Leased Premises such increase is ascertainable; at Landlord’s election said sums shall be paid furniture, furnishings, equipment, fixtures and any Alterations that Landlord designates in writing for removal and to repair any damage to the same way as sums due under Article 4. Landlord may, as a condition Leased Premises caused by such removal or to its consent to any particular alterations or improvements, require Tenant to deposit with do the same and Tenant shall pay to Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations removal and repair. In such event, such movables will automatically become the property of Landlord and may be disposed of by Landlord in its sole discretion, without any right of reimbursement therefor to Tenant.
7.4 If any mechanics' or improvements materialmen's lien (or a petition to establish such lien) is filed against the Leased Premises or any equipment within the Leased Premises for work claimed to have been done for, or materials claimed to have been furnished to, the Leased Premises pursuant to Section 7.1, Section 7.2 or Section 7.3 hereof, Tenant shall either discharge the lien within ten (10) days thereafter, at Tenant's sole cost and restoring expense, by the Premises, payment thereof or file a bond acceptable to Landlord transferring the lien to the extent required under Section 26.2bond.
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Alterations. 6.1 Except for thoseAt Tenant’s own expense, if any, specifically provided for after giving Landlord notice in Exhibit B writing of its intentions to this Leasedo so, Tenant may, from time to time, make such nonstructural alterations, replacements, additions, changes and/or improvements (collectively referred to in this Lease as “Improvements”) as Tenant may find necessary or convenient for its purposes, provided that no Improvements costing in excess of Fifty Thousand Dollars ($50,000) for any one work of Improvement, or in excess of One Hundred Thousand Dollars ($100,000) in the aggregate for multiple works of Improvement during any period of twelve (12) consecutive months during the Term, may be made without obtaining the prior approval of Landlord. In addition, no Improvements shall not be made to any mechanical system, electrical system, or the roof of the Buildings, without obtaining the prior approval of Landlord, which Landlord may withhold in its sole and absolute discretion. In no event shall Tenant make or suffer cause to be made any alterations, additions, penetration into or improvements, including, but not limited to, through the attachment roof or floor of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, Buildings without obtaining the prior written consent approval of Landlord. When applying Tenant agrees to reimburse Landlord for such consentall costs and expenses (including, Tenant shallwithout limitation, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (iany architect and/or engineer fees) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection approving or disapproving Tenant’s plans for Improvements. All Improvements to be made to the Buildings which require the approval of Landlord shall, if required by Landlord, be made under the supervision of a competent architect or licensed structural engineer and made in accordance with the proposed work plans and the design thereof, with all such amounts being due five (5) days after specifications approved by Landlord. Landlord’s demand.
6.3 approval of such plans and specifications shall create no liability or responsibility on the part of Landlord for their completeness, design sufficiency or compliance with Laws. All alterationswork with respect to any Improvements must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Buildings shall at all times be a complete unit except as otherwise reasonably required during the period of such work. Upon the expiration or earlier termination of this Lease, additions or improvements proposed such Improvements shall not be removed by Tenant but shall become a part of the Buildings unless otherwise required by Landlord. All Improvements shall be constructed strictly in accordance with the Laws and ordinances relating thereto. Tenant agrees that it shall pay, or cause to be paid, all government lawscosts of labor, ordinancesservices and/or materials supplied in the prosecution of any work done, rules and regulationsor caused to be done, using Building standard materials where applicableon the Real Property (including the Buildings), and Tenant shall, prior will keep the Real Property (including the Buildings) free and clear of all mechanics’ liens and other such liens on account of work done for Tenant or persons claiming under Tenant. If Tenant desires to construction, provide the additional insurance required under Article 11 in contest any such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers claim of lien, it shall either (a) post a mechanics’ lien release bond issued by a responsible corporate surety company performance bonds in an amount sufficient to satisfy statutory requirements therefor in the state where the Real Property is located, or (b) furnish Landlord with adequate security for the amount of the claim plus estimated costs and funded construction escrows interest, and (c) promptly pay or cause to protect Landlord and be paid all sums awarded to the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liensclaimant on its suit. Tenant shall pay forthwith notify Landlord in addition writing of any claim of lien filed against the Real Property (including the Buildings) or the commencement of any action affecting the title thereto. Landlord or its representatives shall have the right to any sums due pursuant go upon and inspect the Real Property (including the Buildings) at all reasonable times and shall have the right to Article 4, any increase in real estate taxes attributable post and keep posted thereon notices of nonresponsibility or such other notices which Landlord may deem to any such alteration, addition or improvement be proper for so long, during the Term, as such increase is ascertainable; at protection of Landlord’s election said sums shall be paid interest in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord Real Property (including the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2Buildings).
Appears in 1 contract
Samples: Lease Agreement (Perma-Pipe International Holdings, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any no alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or improvements (“Alterations”; which term shall include Tenant’s Work) to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of the Landlord, which consent Landlord shall not unreasonably withhold or delay. All Alterations shall be made at Tenant’s sole cost and expense (including the expense of complying with all Laws, including those regarding Hazardous Materials, if applicable, and the Americans With Disabilities Act of 1990, as heretofore amended and as amended from time to time (the “ADA”) and Title 24 requirements), in a good and workmanlike manner, by a contractor reasonably approved by Landlord. When applying Tenant, at Tenant’s expense (or, at Landlord’s election, Landlord at Tenant’s expense) shall perform any work required to be performed in areas outside the Premises by reason of the Alterations; provided, however, that as respects Tenant’s Work only, (i) Tenant shall not be responsible for any compliance with Laws work required in areas outside of the Premises by reason of Tenant’s Work unless such consentcompliance work is required by reason of inclusion in Tenant’s Work of any items that are not normal and customary general office improvements, and (ii) Landlord shall contribute towards the costs thereof the amount of Landlord’s Allowance as set forth in Section 5.B. above. Tenant shallshall reimburse Landlord within thirty (30) days after Landlord’s written demand for Landlord’s reasonable out of pocket expenses in connection with any Alterations, if requested by Landlordsuch as additional cleaning expenses, furnish complete additional security services, fees and charges paid to third party architects, engineers and other consultants for review of the work and the plans and specifications with respect thereto, and to monitor contractor compliance with Building or Project construction requirements, and for such other miscellaneous out of pocket costs incurred by Landlord as result of the work. With respect to any Alterations expected to cost in excess $200,000.00, Landlord, at its election, may require Tenant to utilize a general contractor that is capable of procuring a completion and lien indemnity bond on normal and customary terms. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Except as Landlord shall otherwise agree in writing as respects any particular Alterations, at Landlord’s sole election any or all Alterations made for or by Tenant shall be removed by Tenant from the Premises at the expiration or sooner termination of this Lease and the Premises shall be restored by Tenant to their condition prior to the making of the Alterations, ordinary wear and tear excepted. Landlord hereby waives Tenant’s removal and restoration obligations with respect to alterations, additions and improvementsimprovements made to the Premises during the term of the Current Lease or the Current Master Leases, and agrees that Tenant shall have no such obligations, whether pursuant to the Current Lease, the Current Master Lease, or this Lease. Notwithstanding the foregoing, Tenant shall have the right, without Landlord’s consent shall not be unreasonably withheld consent, to make any Alteration that meets all of the following criteria (a “Cosmetic Alteration”): (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work), (b) at least ten (10) days prior to commencement of work with respect to alterations which (i) are such Alteration, Tenant provides Landlord with plans with respect thereto or, if the Alteration is of such a nature that formal plans will not structural in naturebe prepared for the work, Tenant provides Landlord with a reasonably specific written description of the work, (iic) are such Alteration does not affect the Building’s systems, including, without limitation, HVAC, electrical, mechanical, plumbing, fire and life safety systems, or any structural components of the Building, and such Alteration is not visible from the exterior of the BuildingPremises, (iiid) do the work will not affect or require modification decrease the value of the Building’s electricalPremises, mechanical, plumbing, HVAC does not require a building permit or other systemsgovernmental permit, uses only new materials comparable in quality to those being replaced and (iv) is performed in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost xxxxxxx like manner and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinancesorders, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide (e) the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment work does not involve opening the ceiling of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to (f) the extent required under Section 26.2work does not involve any Hazardous Materials other than incidental quantities of the same in normal and customary construction materials, such as paint, and (g) the total cost of the Alteration, including architectural and engineering fees, if any, does not exceed One Hundred Thousand Dollars ($100,000.00).
Appears in 1 contract
Samples: Office Lease (Intersil Corp/De)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterationsalteration, additions, addition or improvements, including, but not limited to, the attachment improvement to or of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements (collectively referred to herein as required by Article 7, "alterations") without (i) the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s Landlord (which consent shall not be unreasonably withheld with respect to alterations which (i) are and Landlord further agrees that Landlord shall not structural in natureraise the basic rent as of condition of such consent), (ii) are not visible from a valid building permit issued by the exterior of the Building, appropriate governmental authority and (iii) do otherwise complying with all applicable laws, regulations and requirements of governmental agencies having jurisdiction with the rules, regulations and requirements of any board of fire underwriters or similar body. Any alteration made by Tenant (excluding moveable furniture and trade fixtures not affect or require modification of attached to the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (ivPremises) in aggregate do not cost more than $5.00 per rentable square foot of that portion shall at once become a part of the Premises affected and belong to Landlord. Without limiting the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, buss xxxts, main and subpanels), air conditioning, partitioning, drapery and carpet installations made by Tenant, regardless of how attached to the Premises, together with all other alterations that have become an integral part of the Project in question.
6.2 In which the event Premises are a part, shall be and become part of the Premises and belong to Landlord upon installation and shall not be deemed traded fixtures, and shall remain upon and be surrendered with the Premises at the termination of the lease. If Landlord consents to the making of any such alteration, addition or improvement alteration by Tenant, the same shall be made by using either Tenant at its sole risk, cost and expense and only after Landlord’s 's written approval of any contractor or person selected by Tenant for that purpose (provided that Landlord waives the right to approve such contractor or person if the same is a duly licensed contractor reasonably approved and a valid building permit is issued by the appropriate governmental authority), and the same shall be made at such time and in such manner as Landlord may from time to time designate. Tenant shall, if required by Landlord, in either event secure at Tenant’s 's cost completion and lien indemnity bond for such work. Upon the expiration or sooner termination of the term, Landlord may, at its sole option, require Tenant, at Tenant's sole cost and expense, to promptly both remove any such alteration made by Tenant and designated by Landlord to be removed and repair any damage to the Premises caused by such removal. Any moveable furniture and equipment or trade fixtures remaining on the Premises at the expiration or other termination of the term shall become the property of the Landlord unless promptly removed by Tenant. If Tenant shall employ during the term, and subject to paragraph 7 above, any contractor other than Landlord’s contractor and such other contractor alteration, addition or any subcontractor change of such other contractor shall employ any non-union labor the Premises or supplierthe Project is required by law, Tenant shall be responsible for and hold Landlord harmless from any and all delaysregulation, damages and extra costs suffered by Landlord as a result ordinance or order of any dispute with public or quasi-public authority, Tenant, at its sole cost and expense, shall promptly make the same. If during the term any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed changes to the Common Area or to the Project in which the Premises is located is required by law, regulations, ordinance or order of any public or quasi-public authority, and it is impractical in Landlord's judgment for the affected tenants to individually make such alterations, additions or changes, Landlord shall make such alterations, additions or changes and the cost thereof shall be a common area charge and Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in pay its percentage share of such case, and also all such assurances cost to Landlord as Landlord provided in paragraph 16. 14 9. REPAIR AND MAINTENANCE By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair (excepting only "punchlist items"). Except as expressly provided below, Tenant shall reasonably require to assure payment of at its sole cost keep and maintain the costs thereofentire Premises and every part thereof including, including but not limited towithout limitation, notices of non-responsibilitythe windows, waivers of lienwindow frames, surety company performance bonds plate glass, glazing, elevators within the Premises, truck doors, doors and funded construction escrows all door hardware, the interior walls and to protect Landlord partitions, lighting and the Building electrical, mechanical, and appurtenant land against any loss from any mechanic’s, materialmen’s or other liensplumbing systems. Tenant shall pay in addition also repair and maintain the heating and air conditioning systems (unless Landlord has elected to any sums due pursuant keep and maintain the heating and air conditioning systems as provided below) which shall include, without limitation, a periodic maintenance agreement with a reputable and licensed heating and air conditioning service company. If Tenant's use of the heating and air conditioning systems is limited to Article 4normal business hours (8:00 a.m. to 6:00 p.m.), any increase in real estate taxes attributable to any such alteration, addition agreement shall provide for service at least as often as every 60 days; if Tenant's use of the heating or improvement for so long, during the Term, as air conditioning systems extends beyond such increase is ascertainable; at Landlord’s election said sums normal business hours this service shall be paid as often as may be required by landlord and in the same way as sums due under Article 4any event such service shall meet all warranty enforcement requirements of such equipment and comply with all manufacturer recommended maintenance. Landlord maymay elect, as at its option, to keep and maintain the heating and air conditioning systems of the premises and in such event, Tenant shall pay to Landlord upon demand the full cost of such maintenance. Subject to the provisions of paragraph 17, Landlord shall keep and reasonably maintain the roof, structural elements, and exterior walls of the buildings constituting the Project and Common Area in reasonably good order and repair. Tenant waives all rights under and benefits of California Civil Code Sections 1932(1), 1941, and 1942 and under any similar law, statute or ordinance now or hereafter in effect. The cost of the repairs and maintenance which are the obligation of Landlord hereunder, including without limitation, maintenance contracts and supplies, materials, equipment and tools used in such repairs and maintenance shall be obtained at competitive prices for major repairs and shall be a condition common area charge and Tenant shall pay its percentage share of such costs to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient provided in paragraph 16; provided, however, that if any repairs or maintenance is required because of an act of omission of Tenant, or its agents, employees or invitees, Tenant shall pay to cover Landlord upon demand the full cost of removing such alterations repairs or improvements and restoring the Premises, to the extent required under Section 26.2maintenance.
Appears in 1 contract
Samples: Sublease (Medibuy Com Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7not, without the prior written consent of Landlord. When applying for such consentLandlord in each instance obtained, Tenant shallmake any repairs, if requested by Landlordreplacements, furnish complete plans and specifications for such alterations, improvements or additions and improvements(collectively "Improvements") to the Premises. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Tenant desires to make any Improvements, Tenant shall first seek Landlord's consent therefor, and Landlord's consent to any such Improvements shall be conditioned upon such requirements as Landlord consents deems appropriate, including without limitation, the submission of detailed plans and specifications. All such improvements shall be done at Tenant's expense by employees or agents of Landlord or contractors hired by Landlord except to the making of any such alterationextent Landlord gives its prior written consent to Tenant hiring its own contractors, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlordand, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplierevent, Tenant shall be responsible pay to Landlord or its agent a charge for supervision, general conditions, overhead, Landlord's profit and hold Landlord harmless from any other costs and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually expenses incurred by Landlord in connection with such work, as established by Landlord form time to time. In the proposed work event that Tenant uses its own contractors for the Improvements Landlord may, without limitation, require Tenant to: (a) comply with such construction standards or procedures as may be applicable from time to time for construction activities in the Building; (b) demonstrate that the construction of such Improvements will not jeopardize labor harmony; (c) submit satisfactory insurance certificates; (d) obtain all necessary permits; (e) furnish satisfactory security for the payment of all costs to be incurred in connection with the Improvements; and (f) upon completing any such Improvements, furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and material expended and used. There are some asbestos-containing materials ("ACM") in some areas of the design thereofBuilding. Landlord has adopted and implemented an abatement and operations and maintenance program ("O & M Program"), a copy of which is available for review by Tenant, which sets forth certain procedures to be followed in connection with any improvements to be made in the Building, in order to prevent disturbance to any ACM that may be encountered. Tenant acknowledges, and hereby expressly agrees to cause its agents, employees and contractors to comply at all times with, the O & M Program (as amended from time to time). All Improvements shall comply with all such amounts being due five (5) days after Landlord’s demand.
6.3 insurance requirements and with all applicable governmental laws, requirements, codes, ordinances and regulations. All alterations, additions or improvements proposed by Tenant Improvements shall be constructed in accordance with all government lawsa good and workmanlike manner and only good grades of material shall be used. Except for Landlord's negligence, ordinancesTenant shall protect, rules defend, indemnify and regulationshold Landlord, using the Building standard materials where applicableand the Property, Landlord's beneficiaries, and their respective officers, directors, beneficiaries, partners, agents and employees harmless from any and all liabilities of every kind and description which may arise out of or in connection with such Improvements. All Improvements made by Landlord or Tenant shall, prior to construction, provide in or upon the additional insurance required under Article 11 Premises whether temporary or permanent in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereofcharacter, including but not limited toto wall coverings, notices carpeting and other floor covering, lighting installations, built-in or attached shelving, cabinetry, and mirrors, shall become Landlord's property and shall remain upon the Premises at the termination of non-responsibilitythis Lease by lapse of time or otherwise without compensation to Tenant [excepting only Tenant's movable office furniture, waivers of lientrade fixtures (other than attached or installed lighting equipment), surety company performance bonds and funded construction escrows and office equipment]; provided, however, that Landlord shall have the right to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit remove such Improvements at Tenant's sole cost and expense in accordance with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost provisions of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2Article 16 of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Winston Furniture Co of Alabama Inc)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or improvements to the Premises or any part thereof or (collectively, the making of any improvements as required by Article 7, “Alterations”) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises. When applying Tenant shall give Landlord at least ten (10) Business Days written notice prior to the commencement of any Alterations so that Landlord may have an opportunity to post notices of non-responsibility as provided by the State of Colorado. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time Tenant requests Landlord’s consent to any Alterations if the desired Alterations: (i) may affect the Building’s Systems or Building’s Structure; (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority; (iii) will cost in excess of Fifty Thousand Dollars ($50,000.00); or (iv) will require a building permit or similar governmental approval to undertake. Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bxxx for all of Landlord’s reasonable actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations; provided that for the first two (2) years of the Term of this Lease, such fees shall not exceed $100,000 in the aggregate, not including any third party out of pocket expenses reasonably incurred by Landlord for architectural, engineering or similar professionals (but not including third party construction management professionals). If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense by a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord’s prior written consent, Tenant shall not use any portion of the Common Areas either within or without the Project or Complex, as applicable, in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project or Complex, as applicable, in order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Premises upon the expiration or sooner termination of this Lease, unless Landlord requires the removal of such Alterations. If Landlord requires the removal of such Alterations, Tenant shall at its sole cost and expense, forthwith and with all due diligence (but in any event not later than ten (10) days after the expiration or earlier termination of the Lease) remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed (including without limitation stairs, bank vaults, and cabling, if applicable) and repair and restore the Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. All construction work done by Tenant within the Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all Laws, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Project or Complex, as applicable. Tenant agrees to indemnify, defend and hold Landlord harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish complete plans and specifications for a bond or other security satisfactory to Landlord against any such alterationsloss, additions and improvementsliability or damage. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making approval of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be constructed solely responsible for ensuring all such compliance. All voice, data, video, audio and other low voltage control transport system cabling and/or cable bundles installed in the Building by Tenant or its contractor shall be (A) plenum rated and/or have a composition makeup suited for its environmental use in accordance with NFPA 70/National Electrical Code; (B) labeled every 3 meters with the Tenant’s name and origination and destination points; (C) installed in accordance with all government lawsEIA/TIA standards and the National Electric Code; (D) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of cable pathways, ordinancesoutlet identification numbers, rules locations of all wall, ceiling and regulationsfloor penetrations, using Building standard materials where riser cable routing and conduit routing (if applicable), and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances other information as Landlord may request. The routing plan shall be available to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and its agents at the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2upon request.
Appears in 1 contract
Alterations. 6.1 Except for those, if any, specifically as provided for in Exhibit B to this LeaseSection 10.1, Tenant shall not install any signs, fixtures, improvements, nor make or suffer permit any other alterations or additions (individually, an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, which consent shall not be made unreasonably withheld so long as any alterationssuch Alteration does not affect the exterior of the Building, additionsBuilding systems or the structural integrity or structural components of the Premises or the Building (collectively, “Structural Components”). Notwithstanding the foregoing, Tenant shall be permitted to undertake Alterations which do not affect the Structural Components without Landlord’s prior consent so long as the cost of same do not exceed $50,000 cumulatively in any one calendar year. If any such Alteration is expressly permitted by Landlord or improvementsany Alteration is undertaken without Landlord’s consent, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility. In all events, Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed and insured contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the attachment of ADA), Development Documents, Recorded Matters, and Rules and Regulations. In addition, all work with respect to any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans Alterations must be done in a good and specifications for such alterations, additions and improvementsworkmanlike manner. Landlord’s consent approval of any plans, specifications or working drawings for Tenant’s Alterations shall not be unreasonably withheld create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with respect to alterations which (i) are not structural in natureany laws, (ii) are not visible from ordinances, rules and regulations of governmental agencies or authorities. In performing the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making work of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplierAlterations, Tenant shall be responsible have the work performed in such a manner as not to obstruct access to the Project, or the Common Areas for any other tenant of the Project, and hold as not to obstruct the business of Landlord harmless from any or other tenants in the Project, or interfere with the labor force working in the Project. As additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual legal, engineering, architectural, planning and all delays, damages and extra costs suffered other expenses incurred by Landlord as in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not equal to exceed five percent (5%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” Insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant In accordance with Section 12 of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from any liens arising out of any work to cover its overhead as it relates to such proposed workperformed, plus third-party costs actually materials furnished or obligations incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and on behalf of Tenant. Tenant shall, prior to constructionconstruction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide the additional insurance as reasonably required under Article 11 in such caseby Landlord, and also all Tenant shall provide such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereofLandlord, including but not limited to, notices of non-responsibilitywithout limitation, waivers of lien, surety company performance bonds and funded construction escrows and (with respect to Alterations, the cost of which exceeds $50,000.00) as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Building Project from and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.
Appears in 1 contract
Alterations. 6.1 Except for thoseLandlord shall construct all of the Lease Improvements and Tenant Improvements, if any, specifically provided for as defined in Exhibit B "C". Landlord shall pay an amount not to this Leaseexceed $6,529,482.00 (the “Landlord Cap”) in connection with the construction of the Tenant Improvements. If the cost of the Tenant Improvements exceeds the Landlord Cap, an amount equal to any excess shall be paid to the Landlord as Additional Rent 15 days following Substantial Completion. The Lease Improvements and Tenant Improvements shall be performed by Landlord in accordance with Exhibit "C" attached hereto. Tenant will not make or suffer permit anyone to be made make any material alterations, additionsdecorations, additions or improvements, includingstructural or otherwise, but not limited to, the attachment of any fixtures or equipment in, on, in or to the Premises or any part thereof or the making of any improvements as required by Article 7Property, without the prior written consent of Landlord. When applying for such consentLandlord (''Alterations''), Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent which shall not be unreasonably withheld with respect to alterations which (i) are not structural in naturewithheld, (ii) are not visible from the exterior of the Buildingdelayed, (iii) do not affect denied, or require modification of the Building’s electricalconditioned; provided, mechanicalhowever, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed Alterations are in accordance with an approved Part B and Part 2 from the THC and NPS, respectively, and would not otherwise prevent availability of federal or state Historic Tax Credits or cause recapture of federal Historic Tax Credits. All of such Alterations must conform to all government laws, ordinances, applicable rules and regulations, using Building standard materials where applicable, and Tenant shall, prior regulations established from time to construction, provide time by the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment Underwriters' Association of the costs thereoflocal area and conform to all applicable requirements of the Federal, state and local governments, including but not limited toany requirements or approvals set forth in Section 50 of this Lease. When granting its consent, notices Landlord may impose any conditions it deems reasonably appropriate, including, without limitation, approval of non-responsibilityplans and specifications, waivers selection of liencontractor and obtaining of specified insurance, surety company performance bonds and funded construction escrows and to protect Landlord and provided the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay foregoing conditions are reasonable in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2nature.
Appears in 1 contract
Samples: Lease (NightHawk Biosciences, Inc.)
Alterations. 6.1 Except for those, if any, specifically as otherwise provided for in Exhibit B to this LeaseSection, Tenant shall not make or suffer to be made any no alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or improvements ("Alterations") to the Premises or any part thereof or the making of any improvements as required by Article 7, Building without the prior written consent of Landlord, which consent may be granted or withheld in Landlord's reasonable discretion. When applying for such However, Landlord's consent shall not be required to any Alterations which cost less than One Dollar ($1.00) per square foot of the improved portions of the Premises (excluding warehouse square footage) and do not (i) affect the exterior of the Building or outside areas (or be visible from adjoining sites), or (ii) affect or penetrate any of the structural portions of the Building, including but not limited to the roof, or (iii) require any change to the basic floor plan of the Premises or any change to any structural or mechanical systems of the Premises, or (iv) fail to comply with any applicable governmental requirements or require any governmental permit as a prerequisite to the construction thereof, or (v) result in the Premises requiring building services beyond the level normally provided to other tenants, or (vi) interfere in any manner with the proper functioning of, or Landlord's access to, any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (vii) diminish the value of the Premises including, without limitation, using lesser quality materials than those existing in the Premises, or (viii) alter or replace Standard Improvements. Landlord may impose any condition to its consent, including but not limited to a requirement that the installation and/or removal of all Alterations be covered by a lien and completion bond satisfactory to Landlord in its sole and absolute discretion and requirements as to the manner and time of performance of such work. Landlord shall in all events, whether or not Landlord's consent is required, have the right to approve the contractor performing the installation and removal of Alterations and Tenant shall, if requested shall not permit any contractor not approved by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent Landlord (which approval shall not be unreasonably withheld with respect or delayed) to alterations which (i) are not structural in nature, (ii) are not visible from perform any work on the exterior of Premises or on the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay obtain all required permits for the installation and removal of Alterations and shall perform the installation and removal of Alterations in addition to compliance with all applicable laws, regulations and ordinances, including without limitation the Americans with Disabilities Act, all covenants, conditions and restrictions affecting the Site, and the Rules and Regulations as described in Article XVII. Under no circumstances shall Tenant make any sums due pursuant to Article 4Alterations which incorporate any Hazardous Materials, including without limitation asbestos-containing construction materials into the Premises, the Building or the Common Area. If any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord maygovernmental entity requires, as a condition to any proposed Alterations by Tenant, that improvements be made to the Common Areas, and if Landlord consents to such improvements to the Common Areas (which consent may be withheld in the sole and absolute discretion of Landlord), then Tenant shall, at Tenant's sole expense, make such required improvements to the Common Areas in such manner, utilizing such materials, and with such contractors, architects and engineers as Landlord may require in its sole and absolute discretion. Any request for Landlord's consent to any particular alterations proposed Alterations shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all Alterations made or improvementsaffixed to the Premises, the Building or to the Common Area (excluding trade fixtures, equipment and furniture), including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term; except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the Alteration, require Tenant to deposit with Landlord remove by the amount reasonably estimated Expiration Date, or sooner termination date of this Lease, all or any of the Alterations installed either by Tenant or by Landlord at Tenant's request, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as sufficient otherwise provided in the Work Letter), and to cover the cost of removing such alterations or improvements and restoring repair any damage to the Premises, the Building or the Common Area arising from that removal and restore the Premises to the extent required under Section 26.2their condition prior to making such Alterations.
Appears in 1 contract
Samples: Lease (Endwave Corp)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any no alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, onfixtures, or improvements (collectively referred to as “Alterations”) to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s which consent shall not be unreasonably withheld with respect withheld. Notwithstanding the foregoing, Tenant may make Alterations to alterations the Premises costing less than One Dollar ($1.00) per square foot of the improved portion of the Premises during each calendar year of the Term without Landlord’s consent, provided, however, that any Alterations which change the “Base, Core and Shell” (as hereinafter defined), or the electrical or mechanical systems of the Premises, or which require a governmental permit as a prerequisite to the construction thereof, shall require Landlord’s prior written consent, which shall not be unreasonably withheld. Notwithstanding anything to the contrary contained in either of the foregoing sentences, however, no Alterations shall: (i) are not structural in nature, (ii) are not visible from affect the exterior of the Building or outside areas (or be visible from adjoining sites), or (ii) adversely affect or penetrate any of the structural portions of the Building, including but not limited to the roof, or (iii) do not affect fail to comply with any applicable governmental requirements, or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) interfere in aggregate do not cost more than $5.00 per rentable square foot of that portion any manner with the proper functioning of, or Landlord’s access to, any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises affected by including, without limitation, using lesser quality materials than those existing in the alterations Premises, or (vi) alter or replace Standard Improvements. Further, in question.
6.2 In the event Landlord consents to the making of that any such alteration, addition or improvement by Tenant, the same shall be made by using either Alteration would result in a change from Landlord’s contractor or a contractor reasonably approved by Landlordbuilding standard materials and specifications for the Project (“Standard Improvements”), in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than then subject to Landlord’s contractor and such other contractor or any subcontractor election contained in the last paragraph of such other contractor shall employ any non-union labor or supplierthis Section 7.3, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of replacing such work to cover its overhead as it relates to such proposed work, plus thirdnon-party costs actually incurred by Landlord in connection standard improvement (“Non-Standard Improvement”) with the proposed work and the design thereof, with all such amounts being due five applicable Standard Improvement (5“Replacements”) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant which Replacements shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, completed prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment Expiration Date or earlier termination of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4this Lease. Landlord maymay impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work in excess of One Hundred Thousand Dollars ($100,000.00) be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated structural, mechanical and electrical contractors for all Alterations work affecting the structural, mechanical or electrical systems of the Building, so long as such designated contractors are reasonably available and provided such contractors’ fees are commercially reasonable. Should Tenant perform any Alterations work that triggers a requirement by any governmental entity to perform any ancillary Building modification, then Tenant shall promptly perform such work at its sole cost and expense, or, at Landlord’s option, fund the reasonable cost thereof to Landlord, in which event Landlord shall perform such work. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 4% of the cost of such Alterations either requiring a permit from the City of Santa Xxxxx or affecting any mechanical, electrical, plumbing, or HVAC systems, facilities, or equipment located in or serving the Building. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to any particular alterations or improvementsLandlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, but excluding moveable trade fixtures, equipment, personal property, and furniture, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, as provided in the last paragraph of this Section 7.3, require Tenant to deposit with Landlord remove by the amount reasonably estimated Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord as sufficient at Tenant’s request (collectively, the “Required Removables”), and subject to cover Landlord’s election contained in the cost last paragraph of removing such alterations or improvements and restoring the Premisesthis Section 7.3, to replace any non-Standard Improvements with Standard Improvements. In connection with its removal of Required Removables, Tenant shall repair any damage to the extent required under Section 26.2Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. If Landlord conditions its consent on the same, Landlord shall have the right to require Tenant to remove any Alterations, and to replace the same in accordance with the applicable standards set forth above, as of the Expiration Date or sooner termination of this Lease; provided, however, that all telephone and data cabling installed by Tenant shall in all events be removed by Tenant as of the Expiration Date or sooner termination of this Lease. Any Alterations for which Landlord’s consent is not given, however, shall be subject to Landlord’s right, exercisable at any time, to require same to be removed (and replaced in accordance with the standards set forth above) at the Expiration Date or sooner termination of this Lease.
Appears in 1 contract
Samples: Lease (Arista Networks, Inc.)
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, additions or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or improvements to the Premises or any part thereof or (collectively, the making of any improvements as required by Article 7, “Alterations”) without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises and as described in the second (2nd) grammatical paragraph of this Section 8(a); however the parties agree that in any event it shall be reasonable for Landlord to deny consent to removal of the stairways within the Building. When applying for such consentExcept as set forth in the immediately preceding sentence and in the second grammatical paragraph of this Section 8(a), Tenant shall, if requested by Landlord, shall furnish complete plans and specifications to Landlord for such alterationsits approval, additions and improvements. Landlord’s consent which approval shall not be unreasonably withheld with respect withheld, conditioned or delayed, at the time it requests Landlord’s consent to alterations which any Alterations if the desired Alterations: (i) are not structural in nature, will affect the Building’s Systems or Building’s Structure; or (ii) are not visible from will require the exterior filing of the Building, plans and specifications with any governmental or quasi-governmental agency or authority; or (iii) do not affect or will require modification of the Building’s electrical, mechanical, plumbing, HVAC a building permit or other systemsfederal, and state, county or local approvals with respect thereto; or (iv) will cost in aggregate do not cost more than excess of One Hundred Thousand Dollars ($5.00 per rentable square foot of that portion 100,000.00). Subsequent to obtaining Landlord’s consent and prior to commencement of the Premises affected Alterations, Tenant shall deliver to Landlord any building permit required by applicable Law and a copy of the alterations executed construction contract(s). Tenant shall reimburse Landlord within thirty (30) days after the rendition of a xxxx for all of Landlord’s reasonable out-of-pocket costs incurred in question.
6.2 In connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the event review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations, together with a supervision coordination fee to Landlord in an amount equal to the product of (i) two percent (2%) and (ii) the so-called “hard” costs of the Alterations. If Landlord consents to the making of any Alteration, such alteration, addition or improvement by Tenant, the same Alteration shall be made by using either LandlordTenant at Tenant’s contractor sole cost and expense by contractors and subcontractors approved in writing by Landlord in accordance with Section 8(b)(iii), which approval shall not unreasonably be withheld, conditioned or a contractor reasonably approved delayed. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project in order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Premises upon the expiration or sooner termination of this Lease, except Tenant shall upon demand by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor , forthwith and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and with all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In due diligence (but in any event Landlord may charge Tenant a construction management fee not to exceed five percent later than ten (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (510) days after the expiration or earlier termination of the Lease) remove all or any portion of any Specialty Alterations (defined below) made by Tenant which are designated by Landlord to be removed and repair and restore the Premises in a good and workmanlike manner to their original condition, reasonable wear and tear and casualty not required to be repaired by Tenant excepted. Notwithstanding the foregoing, upon Tenant’s request at the time it seeks Landlord’s demand.
6.3 consent to an Alteration, Landlord agrees to indicate in writing whether it will require any such Alteration which constitutes a Specialty Alteration to be removed upon the expiration or earlier termination of the Lease. As used herein, a “Specialty Alteration” is any Alteration that is not a normal and customary general office improvement including, but not limited to improvements which (i) perforate, penetrate or require reinforcement of a floor slab (including, without limitation, interior stairwells or high-density filing or racking systems), (ii) consist of the installation of a raised flooring system, (iii) consist of the installation of a vault or other similar device or system intended to secure the Premises or a portion thereof in a manner that exceeds the level of security necessary for ordinary office space, (iv) involve material plumbing connections (such as, for example but not by way of limitation, kitchens, saunas, showers, and executive bathrooms outside of the Building core and/or special fire safety systems), (v) consist of the dedication of any material portion of the Premises to non-office usage (such as classrooms, bicycle storage rooms, or “cooking” kitchens), (vi) can be seen from outside the Building or (vi) consists of the installation of internal stairways between floors. All alterationsconstruction work done by Tenant within the Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all Laws, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Project. TENANT AGREES TO INDEMNIFY, DEFEND AND HOLD LANDLORD HARMLESS AGAINST ANY LOSS, LIABILITY OR DAMAGE RESULTING FROM SUCH WORK, AND TENANT SHALL, IF REQUESTED BY LANDLORD, FURNISH A BOND OR OTHER SECURITY SATISFACTORY TO LANDLORD AGAINST ANY SUCH LOSS, LIABILITY OR DAMAGE (PROVIDED, HOWEVER, THAT NO BOND SHALL BE REQUIRED AS LONG AS NO EVENT OF DEFAULT SHALL HAVE OCCURRED UNDER THIS LEASE). The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any Alterations, additions or improvements proposed (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also solely responsible for ensuring all such assurances compliance. Notwithstanding the foregoing, Tenant shall not be obligated to receive the written consent of Landlord as Landlord shall reasonably require for interior Alterations to assure payment the Premises (i) where the estimated cost of the costs thereofproposed Alteration is One Hundred Thousand Dollars ($100,000.00) or less, including but (ii) if said Alterations do not limited toaffect the structural components of the Building, notices of non-responsibility, waivers of lien, surety company performance bonds or adversely affect the Building’s Systems and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss cannot be seen from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring outside the Premises, to (iii) if such said Alterations changes do not remove any of the extent required under Section 26.2stairways within the Building, and (iv) if said Alteration shall not require a building permit or any federal, state, county or local approvals.
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Samples: Lease Agreement (Zuora Inc)
Alterations. 6.1 Except for thoseLender's prior approval, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent which shall not be unreasonably withheld withheld, delayed or conditioned, shall be required in connection with respect any alterations to alterations which the Property (ia)(i) are not structural in naturethat would reasonably be expected to have a Material Adverse Effect, (ii) are not visible from the cost of which individually (but including any related alteration, improvement or replacement) is reasonably anticipated to exceed the Alteration Threshold, or (iii) that would reasonably be expected to adversely affect any structural component of any material Improvements, any utility or HVAC system at the Property or the exterior of any building constituting a part of any Improvements or (b) any alterations to the BuildingProperty during the continuation of any Event of Default. Notwithstanding the foregoing, (iii) do not affect or require modification maintenance of the Building’s electricalProperty, mechanicalsuch as repairing or replacing the roof of any Improvement, plumbing, HVAC or other systems, and (iv) in aggregate do shall not cost more than $5.00 per rentable square foot of that portion of require the Premises affected by the alterations in question.
6.2 In the event Landlord consents Lender's prior approval. Any alteration to the making Property shall be done and completed by Borrower in an expeditious and diligent fashion and in compliance with all applicable Legal Requirements. If the total unpaid amounts incurred and to be incurred with respect to such alterations to the Property shall at any time exceed the Alteration Threshold, Borrower or Guarantor shall provide Lender with reasonably satisfactory arrangements arranging for payment of such alterations when due. Upon substantial completion of any alteration to the Property requiring approval of Lender, Borrower shall provide evidence satisfactory to Lender that (1) such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be alteration was constructed in accordance with all government lawsapplicable Legal Requirements, ordinances(2) all contractors, rules subcontractors, materialmen and regulationsprofessionals who provided work, using Building standard materials where applicableor services in connection with such alteration have been paid in full and have delivered unconditional releases of liens, and Tenant shall(3) all material licenses and permits necessary for the use, prior to construction, provide the additional insurance required under Article 11 in such case, operation and also all such assurances to Landlord as Landlord shall reasonably require to assure payment occupancy of the costs thereofImprovements have been issued, including but not limited toprovided that, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to if any such alterationlicense or permit is temporary in nature, addition Borrower shall diligently pursue procuring a permanent license or improvement for so long, during permit from the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2applicable Governmental Authority.
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Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not at any time during the Term of this Lease make any openings in the roof or suffer to be made exterior walls of the Building or make any alterationsTenant alteration, additions, addition or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or improvement to the Premises or any part portion thereof or the making of any improvements as required by Article 7(collectively, "Alterations") without in each instance, the prior written consent of Landlord. When applying for such consent; provided, however, upon notice to, but without the consent of Landlord, Tenant shallshall have the right to make any Alterations where same are non-structural, if requested do not require openings on the roof or exterior walls of the Improvements, do not affect any Building system, and do not exceed TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) in the aggregate in any twelve (12)-month period. No Alteration to the Premises for which Landlord's consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, furnish complete evidencing workmen's compensation coverage, and insurance coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of
(a) plans and specifications for therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord (such alterations, additions and improvements. Landlord’s consent approval shall not be unreasonably withheld with respect to alterations which or delayed); (ib) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold furnish to Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) an estimate of the cost of such work to cover its overhead as it relates to such the proposed work, plus third-party costs actually incurred certified by Landlord in connection with the proposed work architect who prepared such plans and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2.specifications;
Appears in 1 contract
Samples: Industrial Building Lease (Eagle Test Systems, Inc.)
Alterations. 6.1 Except for thoseas otherwise provided herein, if any, specifically provided for in Exhibit B to this Leaseafter Completion of Tenant’s Work, Tenant shall not make or suffer cause to be made any alterations, additions, renovations, improvements or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, installations in or to the Leased Premises or any part thereof or the making of any improvements (hereinafter singularly referred to as required by Article 7, an “Alteration” and collectively as “Alterations”) without the Landlord’s prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s which consent shall not be unreasonably withheld with respect withheld, conditioned or delayed. Notwithstanding the foregoing or anything to alterations which the contrary contained elsewhere in this Lease, Tenant may make or cause to be made any Alteration without Landlord’s consent provided that such Alteration does not (ia) are not structural in naturealter, impair or modify the structure or base Building systems, (iib) are not visible from materially change the exterior floor area, total volume or height of the Building, (iiic) do not affect or require modification modify in any material respect the basic character and function of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (ivd) in aggregate do not cost more than $5.00 per rentable square foot of that portion materially modify the external appearance of the Building, (e) increase the overall square footage of enclosed building space on the Leased Premises affected by or (f) cost in excess of $1,000,000.00 individually or in the alterations aggregate in question.
6.2 any 12 month period. Notwithstanding the foregoing, Tenant shall have the right, at any time and from time to time, as often and frequently as Tenant wishes, to make Alterations to the interior of the Building that are cosmetic in nature, including without limitation, painting and carpeting, as Tenant in Tenant’s sole and absolute discretion shall deem necessary or desirable, without the necessity of notifying Landlord thereof or securing Landlord’s permission or consent therefor. In the event Landlord consents to the making of any such alterationan emergency which threatens life, addition safety or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplierproperty, Tenant shall be responsible for and hold Landlord harmless from any and have the right to make all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after necessary repairs and/or Alterations without Landlord’s demand.
6.3 All alterationsconsent which are reasonably required to xxxxx the emergency. Notwithstanding the foregoing or anything to the contrary contained elsewhere in this Lease, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide not install any fencing on the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Leased Premises without Landlord’s election said sums prior consent, which consent shall not be paid in the same way as sums due under Article 4. Landlord mayunreasonably withheld, as a condition to its consent to any particular alterations conditioned or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2delayed.
Appears in 1 contract
Samples: Lease Agreement
Alterations. 6.1 12.1. Tenant shall be permitted, without Landlord’s consent, to make alterations, additions or improvements to the Premises so long as such alterations, additions or improvements (i) do not exceed $50,000.00 in the aggregate and (ii) do not, in any way, alter or affect the Building’s water, mechanical, electrical, or sprinkler systems or the HVAC equipment. Except for those, if any, specifically as provided for in Exhibit B to this LeaseB, Tenant shall not make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, other improvements in or to the Premises that exceed $50,000.00 or install any part thereof or the making equipment of any improvements as required by Article 7kind that will require any alterations or additions or affect the use of the Building's water system, heating system, plumbing system, HVAC system, or electrical system, or install any telephone or other type of antennae on the roof, in the windows, or upon the exterior of the Premises, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent which shall not be unreasonably withheld or delayed. If any such alterations or additions are made by Tenant without Landlord's consent, Landlord may correct or remove them and Tenant shall be liable for any and all costs and expenses incurred in the correction or removal of such work. All plans and specifications for any such work shall be prepared by Tenant at Tenant's expense and shall thereafter be submitted to Landlord for review. All alterations and additions to the Premises shall be performed by Tenant, subject to Landlord’s written consent. As a condition of Landlord's consent to the use of Tenant's contractor, Tenant or Tenant's contractor must evidence to Landlord certain criteria including but not limited to: (a) insurance coverage to include: (i) worker's compensation coverage and (ii Public Liability Insurance, (Comprehensive General Liability or Commercial General Liability) insurance on an occurrence basis in an amount of no less that Three Million Dollars ($3,000,000) which can be achieved through a combination of combined single limit and excess umbrella policies. Said coverage shall include provisions for blanket contractual liability, personal injury, complete operations, and broad form property damage.
(a) Tenant shall name Landlord and its agent as additional insureds; (b) lien waivers for such contractor or other persons; (c) specified completion performance and/or lien indemnity bonds and insurance; and (d) an acknowledgement by the contractor that such work is being performed for Tenant who is not the owner of the Building but a Tenant. All work with respect to such alterations and additions shall be done, at Tenant's sole expense, in a good and workmanlike manner and diligently prosecuted to completion to the end that Premises shall at all times be a complete unit except during the period necessarily required for such work. Tenant covenants and agrees that all Alterations contracted for by Tenant shall be performed in full compliance with all laws, ordinances, regulations and requirements of all governmental and quasi-governmental authorities having jurisdiction. Landlord shall not be liable for any damages or losses caused by Tenant's contractors, and Tenant agrees to pay any and all expenses, reasonable attorneys' fees, claims for and damages to persons or property which may arise directly or indirectly by reason of making any Alterations.
12.2. Tenant will ensure that no work within the Premises will commence without proper authority (ipermits and approvals) are from Xxxx Arundel County. Upon completion of work, Tenant is required to secure from all contractors and subcontractors a “release of liens.” Upon completion of work, and prior to occupancy of the Premises, Tenant will apply to the appropriate County authority for the requisite Use and Occupancy Permit, and shall provide Landlord with a copy of the Use and Occupancy Permit within ten (10) days of Tenant’s receipt of same. Tenant shall not structural permit a mechanic's lien(s) to be placed upon the Premises, or the Building as a result of any alterations or improvements made by it and agrees, if any such lien be filed on account of the acts of Tenant, promptly to pay the same. In the event Tenant fails to pay any such lien, it may be paid by Landlord and the cost charged to Tenant as additional rent under this Lease. Tenant hereby expressly recognizes that in natureno event shall it be deemed an agent of Landlord and no contractor of Tenant shall by virtue of its contract be entitled to assert any lien against the Building. If any mechanic's lien, whether final, interlocutory or otherwise, is filed against the Premises or the Building for work claimed to have been furnished to Tenant, such mechanic's lien shall be discharged by Tenant, at its sole cost and expense, within five (ii5) are days from receipt of notice of such lien, either by the satisfaction in full of the lien or by filing any bond required by law to fully discharge the lien. If Tenant shall fail to discharge any such mechanic's lien, Landlord may, at its option, discharge the same and treat the cost thereof, together with any other costs or expenses incurred by Landlord, including reasonable attorneys' fees, as additional rent, due and payable upon receipt by Tenant of a written statement of costs from Landlord. It is hereby expressly agreed that such discharge of any mechanic's lien by Landlord shall not visible be deemed to waive or release Tenant from its default under the exterior Lease for failing to discharge the same.
12.3. Except as otherwise provided herein, all alterations or additions shall become a part of the realty and surrendered to Landlord upon the expiration or termination of this Lease. Landlord, in Landlord’s sole discretion, may permit Tenant to remove at Tenant’s sole expense, without causing material damage to the Premises and the Building, (iii) do any fixtures, property or Alterations installed by Tenant for which Tenant has not affect been granted any credit or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected allowance by the alterations in question.
6.2 In the event Landlord consents Landlord. Notwithstanding anything to the making of any such alterationcontrary set forth in the Lease and this Article 12, addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense, shall remove any and all bank vaults, safes, safety deposit boxes, ATM’s and night depository drop-boxes from the Premises prior to the expiration or earlier termination of the Lease. If Landlord shall have the right at Tenant's expense to repair all damage and injury to the Premises or the Building caused by such removal or to require Tenant to do the same. In all cases where Tenant is responsible for the removal of fixtures, personal property or Alterations, including the Bank equipment referenced in this Section 12.3, Tenant shall employ repair any contractor other than damage to the Premises and restore the Premises to the condition existing at the time of execution of this Lease, or, at Landlord's option, shall pay to Landlord all Landlord's reasonable costs of such repair.
12.4. Any changes, modifications, alterations or additional work within the premises shall be at Tenant's sole cost and expense, and shall be subject to Landlord’s contractor and such other contractor written approval, which approval shall not be unreasonably withheld or any subcontractor of such other contractor shall employ any non-union labor or supplier, delayed. Tenant shall be responsible for all costs and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute compliance with any labor unions concerning permit required by the wageapplicable federal, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord county and/or state codes in connection with the proposed work and Alterations, including any requirements under the design thereof, with all such amounts being due five (5) days after Landlord’s demandADA.
6.3 All alterations12.5. Business machines and mechanical equipment belonging to Tenant, additions which cause noise, vibration or improvements proposed by Tenant other types of interference that may be transmitted to the structure of the Building or to any space therein to such a degree as to be objectionable to Landlord or to any tenant in the Building, shall be constructed installed and maintained by Tenant, at its sole expense, on vibration eliminators or other devices sufficient to eliminate such noise, vibration or interference.
12.6. Tenant, at Tenant’s expense, may install, modify, and maintain exterior signage which is consistent with other Old Line Bank Branches in accordance with all government the Baltimore/Washington metropolitan area, including Tenant’s logo, on the Building structure in a location to be mutually agreed-upon by Landlord and Tenant and, if permitted by applicable local laws, ordinancesordinance, rules and regulations, using Building standard materials where applicableinstall exterior signage on the roof of Landlord’s Building. In addition to the signage located on the exterior of the Building, Tenant may install, modify, and Tenant shall, prior to construction, provide maintain signage on the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment free standing pylon/marquee located on Riva Road at the entrance of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and Building Tenant’s proposed signage shall be subject to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall approval, which approval will not be paid in the same way as sums due under Article 4unreasonably withheld or delayed.. Tenant’s exterior signage must comply with all applicable governmental regulations. Landlord mayAny signs, as a condition to its consent to any particular alterations notices, logos, pictures, names or improvements, require Tenant to deposit with Landlord the amount reasonably estimated advertisements which are installed and that have not been individually approved by Landlord as sufficient to cover may be removed without notice by Landlord at the cost sole expense of removing such alterations or improvements and restoring the Premises, to the extent required under Section 26.2Tenant.
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