Alterations. Tenant shall not make, or suffer to be made, any alterations or additions to the Premises, or any part thereof, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwise.
Appears in 3 contracts
Samples: Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\)
Alterations. (a) Tenant shall not make, or suffer to be made, any alterations or additions to the Premises, or any part thereofnot, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premisesalterations, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In If Landlord consents to any casealterations, Tenant shall keep improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, Landlord’s approval of the Premises free from any liens arising contractors to perform the work, contractor’s lien waivers, insurance against liabilities which may arise out of any such work, plans, specifications and permits necessary for such work performed, material furnishedand as built drawings upon completion of such work. All work done by Tenant or its contractors pursuant to and in accordance with this Paragraph 8, or obligation incurred otherwise shall be done in a first class workmanlike manner, using only good grades of materials and without disturbing other tenants, shall be done in compliance with all insurance requirements and all applicable laws or ordinances and rules and regulations of governmental departments or agencies and shall be done by Tenantresponsible contractors and subcontractors approved by Landlord in advance whose engagement will not in Landlord’s opinion, and in fact does not, result in any labor dispute at the Building, whether in connection with any alterations construction at the Building, the operation of the Building or otherwise.
(b) All alterations, additions or improvements made by Tenant and all fixtures attached to the Premises shall become the property of Landlord and remain at the Premises or, at Landlord’s option, any or otherwiseall of the foregoing shall be removed at the cost of Tenant before the expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Premises caused by the installation and/or removal thereof. Tenant shall not permit or suffer any signs, advertisements or notices to be displayed, inscribed upon or affixed on any part of the outside or inside of the Premises, or in the Building, except on the directory board to be provided by Landlord and on the entrance doors of the Premises, provided, however, that Tenant shall not display, inscribe or affix any sign on such directory board or on the entrance doors of the Premises without, in each instance, obtaining the prior written approval from Landlord as to the size, color and style of such sign and the proposed method of attachment. Landlord shall have the right to remove unauthorized signs at Tenant’s expense.
Appears in 3 contracts
Samples: Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp)
Alterations. Tenant Lessee shall not makemake no decorations, additions, improvements or suffer to be made, any alterations other Alterations in the Premises costing in excess of $10,000.00 or additions to the Premises, or any part thereofstructural in nature, without the prior written consent of LandlordLessor, and any then only at its sole cost and expense and by contractors or mechanics and in such additions manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to or alterations of the Premises, except movable furniture office furniture, and trade fixturesequipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall become be surrendered with the Premises at once a part the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the realty and belong to Landlord. To the extent that Tenant shall desire time of its approval of any request by Lessee for permission to make any alterations Alterations, additions or additions improvements to the Premises, Tenant shall submit those items for which Lessor reserves the right to Landlord for Landlord=s review and approval, detailed plans and specifications for require Lessee to remove upon the proposed alterations expiration or additionssooner termination of the term of this Lease. Any such alterations or additions approved by Landlord designation shall be constructed in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, Lessor in accordance with the plans and specifications approved by Landlordforegoing, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits such Alteration, addition or approvals required in connection with any alterations or additions improvement to the Premises constructed by Tenant. Tenant shallshall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, promptly upon completion of at its expense, shall also repair any such alterations or improvements damage to the Premises deliver to Landlord all as-built plans caused by such removal and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to restore the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseBuilding standard.
Appears in 3 contracts
Samples: Office Lease Agreement (Local Matters Inc.), Office Lease Agreement (Local Matters Inc.), Lease (Local Matters Inc.)
Alterations. Tenant shall make no alterations, installations, additions or improvements (excluding minor alterations, installations, additions or improvements, including but not makelimited to paneling, partitions and the installation of Tenant's fixtures hereinafter referred to as "Minor Repairs") in or suffer to be made, any alterations or additions to the Premises, or any part thereof, Premises without the Landlord's prior written consent of Landlord, and any which consent shall not be unreasonably withheld or delayed. All such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions work approved by Landlord shall be constructed made in a manner, and by a contractor selected workmen and contractors, reasonably acceptable to Landlord. All alterations, installations, additions or improvements made by or for Tenant but to the Premises shall remain upon and be surrendered with the Premises and become the property of Landlord at the expiration or termination of this Lease or upon the termination of Tenant's right to possession of the Premises; provided, however, that Landlord may require Tenant to remove any or all of such items upon the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises. Tenant shall bear the costs of all removal of Tenant's property from the Premises and all resulting repairs to the Premises. If any work is approved by Landlord, such work shall be constructed performed by Tenant (a) so as not to materially alter the exterior or interior appearance of the Premises except as reasonably approved, (b) so as not to adversely affect the structure, safety, systems, or services of the Premises, (c) to comply with all building, safety, fire and other codes and governmental, quasi-governmental and insurance requirements, (d) so as not to result in any usage in excess of the Premises capacity for water, electricity, gas, heating, ventilating or air-conditioning (either during or after such work), and (e) in such a manner that no mechanic's, materialman's or other similar liens attach to Tenant's leasehold estate and shall be completed promptly and in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premisesmanner. In any caseno event shall Tenant permit, Tenant shall keep the Premises free from or be authorized to permit, any liens arising out of any work performed(valid or alleged) or other claims to be asserted against Landlord or Landlord's rights, material furnished, or obligation incurred by Tenant, whether in connection estates and interests with any alterations or additions respect to the Premises or otherwisethis Lease. Landlord shall have the right, but not the obligation, to remove any such liens at Tenant's cost and expense.
Appears in 3 contracts
Samples: Real Estate Lease (Wastequip Inc), Real Estate Lease (Wastequip Inc), Real Estate Lease (Wastequip Inc)
Alterations. Tenant 10.1. The Sublessee shall not make, have the right to make or suffer to be made, construct any alterations or additions cosmetic changes to the Premises, Building or any part thereof, without the prior written consent of Landlord, and any such additions to undertake changes or alterations of the non- structural portions of the Building or Premises, except movable furniture and trade fixturescosting less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall become at once a part require the consent of the realty Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions subject to the Premisesfollowing covenants.
(1) All work and alterations shall be done in compliance with all applicable governmental regulations, Tenant codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall submit include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to Landlord for Landlord=s review construction and approval, detailed plans construction related work.
(2) All alterations shall be of such a character as not to materially reduce the value and specifications for usefulness of any of the proposed alterations Building or additions. Any other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations or additions approved by Landlord and restore the Premises upon termination of the Lease). All work performed hereunder shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed performed in a good and workmanlike manner and of good and sufficient materialsmanner, in accordance with the plans shall conform to drawings and specifications approved by Landlord, Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in accordance harmony with all Applicable Laws. Tenant elements of labor at the Airport.
(3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be responsible maintained for obtaining the limits specified thereunder and complying with shall provide coverage for the terms mutual benefit of Sublessor, PDA, the United States of America and provisions of any permits Sublessee as named or approvals required additional insured (as is appropriate) in connection with any alterations alteration permitted pursuant to this Article 10.
(ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or additions about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and
(iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Premises constructed by Tenant. Tenant shallSubleased Premises, promptly upon completion with statutory limits as then required under the laws of any such alterations or improvements to the Premises deliver to Landlord all State of New Hampshire.
(4) Sublessee shall provide Sublessor and PDA with MYLAR as-built plans drawings when any alteration other than cosmetic changes authorized hereunder is completed.
10.2. Sublessee may erect and specifications thereformaintain suitable monument and on Building back lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Landlord maySublessee shall submit drawings of proposed signs and information on the number, but shall not be obligated size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly.
10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, condition Landlord=s consent or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease.
10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alterations or additions alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the Premises costing $10,000 or more upon Tenant=s delivery extent required of a lien and completion bond in an amount equal to one hundred fifty percent (150%) PDA under Condition 10.16 of the estimated cost Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the proposed alterations or additions Master Lease to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out same extent required of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseSublessor and PDA.
Appears in 3 contracts
Samples: Sublease (Aprisma Management Technologies Inc), Sublease (Cabletron Systems Inc), Sublease (Aprisma Management Technologies Inc)
Alterations. Tenant shall not makemake any alterations, additions, or suffer to be made, any alterations or additions improvements to the Premises, or any part thereof, Premises without the prior written consent of Landlord. Tenant, at its own cost and any expense, may erect such additions shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to the Premises; and (c) the construction, erection or alterations installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, except movable furniture and trade fixturesat which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, shall any Tenant improvements to the Premises will become at once a part of the realty Premises upon installation and belong to will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. To All improvements shall have the extent that Tenant shall desire to make any alterations or additions to the Premisesprior written approval of Landlord, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed performed by a contractor selected by Tenant but reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be constructed available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner and so as not to damage or alter the primary structure or structural qualities of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions building comprising a part of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or and other improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to situated on the Premises. In any case, No alterations contemplated by Tenant shall keep to the Premises free from any liens arising out building comprising a part of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisePremises will in any way be a condition to the occurrence of the Commencement Date or commencement of Tenant’s rental payment obligations hereunder.
Appears in 3 contracts
Samples: Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.)
Alterations. Tenant Except as otherwise agreed by the Parties in writing, Operator shall not makepaint, decorate, install canopies or awnings, or suffer to be madein any way change the Building exterior (or the appearance thereof). No remodeling, any alterations or additions to the Premisesadditions, alterations, or any part thereof, structural change shall be made in the Building by Operator without the prior written consent of LandlordIPS, which shall not be unreasonably withheld. Operator shall have the right to install all furniture, furnishings, equipment and any such additions to signage it reasonably deems necessary or alterations desirable for its operation of the PremisesSchool, except movable furniture and trade fixtures, shall become all at once a part of the realty and belong no cost to LandlordIPS. To the extent that Tenant shall desire to make any alterations or No additions to the Premisesexisting Building or the construction of new buildings by Operator shall be permitted. Operator may attach non-permanent materials and fixtures to the walls of the Facilities including, Tenant without limitation, the cafeteria, library, common areas, grounds, parking lot and driveways of the Building. Upon the expiration or earlier termination of this Agreement, Operator may remove any non-permanent materials and movable fixtures that it installed that are not attached to real property. Any improvements, furnishings, and equipment installed on the Building shall be maintained by Operator, at Operator’s expense, in good condition and repair. All permitted alterations, changes, partitions, and installations of improvements (the “Alterations”) shall be performed by a contractor duly licensed by the state or local authority responsible for licensing building contractors and approved by IPS, such approval not to be unreasonably withheld. Operator hereby agrees to indemnify and save harmless IPS from any and all costs or expenses, including attorneys’ fees, that IPS may incur by reason of any claim for labor performed or material furnished or violation of any federal, state, or local statute, regulation, code, ordinance, or other law that may arise by reason of the installation of any Alteration or fixtures, equipment, or partitions by Operator as herein provided. No installation of, repair to, or other activity concerning equipment within or other Alterations made to the Building shall: (a) adversely affect the structural integrity of the Building; (b) impair or affect the weather-tight condition of the roof or decrease the roof’s useful life; (c) overload electrical circuits or equipment; (d) overload or unreasonably burden plumbing, water, or sanitary sewage disposal facilities; (e) overload, unreasonably burden, or otherwise adversely affect heating, air conditioning, and other mechanical facilities or equipment; or (f) otherwise affect the Building in any materially adverse way. Any and all personal property and unattached equipment installed by Operator may be removed at the termination of this Agreement, provided that Operator shall repair any and all damage caused by the removal of any such personal property or unattached equipment. Any personal property and unattached equipment remaining in the Building upon termination of this Agreement shall, if not removed within 10 days after written demand from IPS to Operator to remove the same, at IPS’ option in its sole discretion, become the property of IPS, and IPS may retain or dispose of such personal property and unattached equipment in its sole discretion and without liability to account to Operator; provided, Operator shall reimburse IPS for the costs of storing or disposal of such personal property or unattached equipment. Operator shall submit to Landlord for Landlord=s review and approval, IPS detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built Alterations and evidence that said plans and specifications thereforare in compliance with Applicable Law. Landlord mayIf such Alterations are not in compliance with Applicable Law, but Operator shall, at Operator’s cost, make such modification or alteration to the completed Alterations as shall be required to bring the same in compliance with Applicable Law. IPS’ consent to the plans and specifications, or any work proposed or completed by Operator, shall not be obligated to, condition Landlord=s consent to deemed a representation or affirmation regarding compliance with any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premisessuch Applicable Law. In any caseevent, Tenant Operator shall keep not remove any improvements and shall surrender the Premises free from any liens arising out Facilities at the end of any work performedthe Term in good condition and repair, material furnished, ordinary wear and tear and damage by casualty or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisecondemnation excepted.
Appears in 3 contracts
Samples: Innovation Network Charter School Agreement, Innovation Network Charter School Agreement, Innovation Network Charter School Agreement
Alterations. 8.1 Tenant shall not makemake any alterations, additions, modifications or improvements in or to the Premises or any part thereof (including, without limitation, any initial improvements that may be constructed by Tenant in the Premises prior to first commencing business operations in the Premises), or suffer attach any fixtures or equipment thereto (collectively, “Alterations”), without Landlord’s prior written consent, such consent not to be madeunreasonably withheld. The distribution of electrical outlets throughout the open space in the Premises (“Tenant’s Initial Alterations”) as shown on Exhibit B attached hereto are hereby approved. Notwithstanding the preceding sentence, Tenant may make such Alterations without Landlord’s consent only if the total cost is Twenty-Five Thousand Dollars ($25,000.00) or less and it will not affect in any alterations way the structural, exterior, entry or additions to roof elements of the Project or the Premises, or any part thereofthe mechanical, without electrical, plumbing, utility or life safety systems of the Project, but Tenant shall give prior written consent notice of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong Alterations to Landlord. To the extent that Tenant shall desire to make any alterations All Alterations in or additions to the Premises, Premises to which Landlord consents shall be made by Tenant at Tenant’s sole cost and expense as follows:
(a) Tenant shall submit to Landlord Landlord, for Landlord=s review and ’s prior written approval, detailed complete plans and specifications for the proposed alterations or additionsall work to be done by Xxxxxx. Any such alterations or additions approved by Landlord Such plans and specifications shall be constructed prepared by a contractor selected by Tenant but responsible licensed architect(s) and engineer(s) approved in writing by Landlord, shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not adversely affect the basic Building shell or any systems, components or elements of the Building, shall be constructed in a good form sufficient to secure the approval of all government authorities with jurisdiction over the approval thereof, and workmanlike manner shall be otherwise satisfactory to Landlord in Landlord’s reasonable discretion. Landlord shall respond to Xxxxxx’s plans and specifications (and to any resubmittal of good and sufficient materials, in accordance with plans) within ten (10) business days of Landlord’s receipt thereof; provided that Xxxxxxxx’s non-response shall be deemed disapproval of the plans and specifications approved specifications. Landlord may also require, as a condition to its consent to any Alterations, that any architect retained by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to such Alterations be certified as a Certified Access Specialist (CASp), and that following the completion of such Alterations, such architect shall certify the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements as meeting all applicable construction-related accessibility standards pursuant to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseCalifornia Civil Code section 55.
Appears in 3 contracts
Samples: Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.)
Alterations. Tenant Occupant shall not make, make or suffer to be made, allow any alterations of any kind or additions description whatsoever to the PremisesStorage Space without, or any part thereofin each instance, without the prior written consent of Landlordthe Owner HAZARDOUS AND TOXIC MATERIALS OR PROPANE TANKS PROHIBITED: Occupant is strictly prohibited from storing or using materials in the Storage Space or at the Facility classified as hazardous or toxic under any local, state or federal law or regulation, and from engaging in any activity which produces such additions mate- rials or is unlawful. Occupant is strictly prohibited from storing any ammunition, gasoline, explosives, chemical agents and any items that may attract rodents or other animals or insects, and Occupant shall not store any items which may create a noxious or strong odor. Occupants obligation of indemnity as set forth below specifically includes any costs, expenses, fines or penalties imposed against the Owner, arising out of the storage or use of any hazardous or toxic material by Occupant, Occupants agents, employees, invitees or guests. Occupant agrees that Owner may enter the Storage Space at any time to remove and dispose of prohibited items. Occupant agrees to not store any item that may have an odor that may be detected by any manager or other employee of Owner, outside of the Occupant’s unit. Occupant shall not use any combustible materials or tools, for example, but not limited to, welding equipment, nor shall Occupant store any chemicals of any type, whatsoever OWNERS RIGHT TO ENTER, INSPECT, REPAIR: Occupant shall grant Owner, Owner's Agents or the representatives of any governmental authority, including police and fire officials, access to the storage space upon 3 days' written notice to Occupant. In the event Occupant shall not grant access to the Storage Space as re- quired, or in the event of an emergency or upon default of any of Occupant's obligations under this RENTAL AGREEMENT, Owner, Owner's Agents or the repre- sentative of any governmental authority shall have the right, but not the obligation, to remove Occupant's lock and enter the Storage Space for the purpose of examining the Storage Space or for the purpose of making repairs or alterations to the Storage Space and taking such other action as may be necessary or appropriate to preserve the Storage Space, and the Facility as a whole, or to comply with any applicable local, state or federal law, or regulation governing hazardous or toxic substance, mate- rial or waste, or to enforce any of Owner’s rights. In the event of any damage or injury to the Storage Space or the Facility arising from the negligent or deliberate act or omissions of the PremisesOccupant, except movable furniture and trade fixturesor for which Occupant is otherwise responsible, shall become at once a part of all expenses reasonably incurred by the realty and belong Owner to Landlord. To repair or restore the extent that Tenant shall desire to make Storage Space or the Facility including any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required expense incurred in connection with any alterations investigation of site conditions, legal fees, or additions to the Premises constructed any cleanup, removal or restoration work required by Tenant. Tenant shallan applicable local, promptly upon completion of state or federal law or regulation or agency regulating any such alterations hazardous or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performedtoxic substance, material furnishedor waste, shall be paid by the Occupant as additional rent and shall be due upon demand by the Owner . For the purpose of this paragraph, the term "emergency" means any sudden, unexpected occurrence or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisecircumstance which demands immediate action.
Appears in 2 contracts
Samples: Rental Agreement, Rental Agreement
Alterations. Tenant shall not make, or suffer to be made, any alterations or additions to the Premises, or any part thereofnot, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but which consent shall not be obligated tounreasonably withheld, condition Landlord=s consent to of Landlord in each instance, make any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations alterations, improvements or additions to the Premises. In any caseLandlord shall not grant such consent until Landlord has had an opportunity to review Tenant's plans and specifications for such alterations, Tenant shall keep the Premises free from any liens arising improvements or additions. If Landlord consents to said alterations, improvements, or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, insurance against liabilities which may arise out of such work, revisions to the plans and specifications for such work and permits necessary for such work. The work necessary to make any work performedalterations, material furnishedimprovements, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises shall be done at Tenant's expense by employees of, or otherwisecontractors hired by, Landlord, except to the extent Landlord gives its prior written consent to Tenant's hiring contractors. Notwithstanding the foregoing, Tenant may hire its own contractors to install mill work, telecommunications equipment and food service equipment in the Premises. Tenant's shall promptly pay to Landlord or to Tenant's contractors, as a case may, be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant will also pay to Landlord an amount equal to five percent (5%) of all of the costs of such work to reimburse Landlord for its overhead and construction management services allocable to such work and all out-of-pocket costs incurred by Landlord in reviewing plans and specifications for said alterations, improvements or additions. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 6 or 9 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors, Tenant shall furnish to Landlord "as built" drawings of such work. Landlord agrees that Tenant shall not be required to remove any alteration, improvement or addition made to the Premises in compliance with this Section 6 unless Landlord has advised Tenant in writing prior to installation of such alteration, improvement or addition that Landlord's consent to such installation is conditioned upon Tenant's agreement to remove same upon expiration or termination of the Lease.
Appears in 2 contracts
Samples: Office Lease (Hewitt Holdings LLC), Office Lease (Hewitt Associates Inc)
Alterations. 6.1 Except for the Initial Alterations (as defined and subject to the limitations set forth in Exhibit B to this Lease), Tenant shall not make, make or suffer to be mademade any alterations, additions, or improvements, including, but not limited to, the attachment of any alterations fixtures or additions equipment in, on, or to the Premises, Premises or any part thereofthereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord, and any . When applying for such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premisesconsent, Tenant shall submit to Landlord for shall, if requested by Landlord=s review and approval, detailed 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 proposed 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 additions. Any such alterations improvement by Tenant, the same shall be, at Tenant’s option, made by using either Landlord’s contractor or additions approved by Landlord shall be constructed by a contractor selected by Tenant but reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall be constructed in a good employ any contractor other than Landlord’s contractor and workmanlike manner and such other contractor or any subcontractor of good and sufficient materialssuch other contractor shall employ any non-union labor or supplier, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms hold Landlord harmless from any and provisions all delays, damages and extra costs suffered by Landlord as a result of any permits dispute with any labor unions concerning the wage, hours, terms or approvals required 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. Notwithstanding the foregoing, no construction management fee shall be due in connection with the construction of the Initial 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 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
6.4 Notwithstanding anything to the contrary contained herein, so long as Tenant’s written request for consent for a proposed alteration or improvements contains the following statement in large, bold and capped font “PURSUANT TO SECTION 6 OF THE LEASE, IF LANDLORD CONSENTS TO THE SUBJECT ALTERATION, LANDLORD SHALL NOTIFY TENANT IN WRITING WHETHER OR NOT LANDLORD WILL REQUIRE SUCH ALTERATION TO BE REMOVED AT THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE.”, at the time Landlord gives its consent for any alterations or additions improvements, if it so does, Tenant shall also be notified whether or not Landlord will require that such alterations or improvements be removed upon the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary contained in this Lease, at the expiration or earlier termination of this Lease and otherwise in accordance with Article 26 hereof, Tenant shall be required to remove all alterations or improvements made to the Premises constructed by Tenant. Tenant shall, promptly upon completion of except for the Initial Alterations and any such alterations or improvements which Landlord expressly indicates or is deemed to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but have indicated shall not be obligated to, condition required to be removed from the Premises by Tenant. If Tenant’s written notice strictly complies with the foregoing and if Landlord fails to notify Tenant within ten (10) business days of Landlord=s consent ’s receipt of such notice whether Tenant shall be required to any remove the subject alterations or additions to improvements at the Premises costing $10,000 expiration or more upon Tenant=s delivery earlier termination of a lien and completion bond in an amount equal to one hundred fifty percent (150%) this Lease, it shall be assumed that Landlord shall require the removal of the estimated cost of the proposed subject alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseimprovements.
Appears in 2 contracts
Samples: Lease Agreement (Verisity LTD), Sublease (Conceptus Inc)
Alterations. Tenant Any and all alterations, additions and/or improvements, except trade fixtures, installed at the expense of the Lessee shall become the property of the Lessor and shall remain upon and shall be surrendered with the leased Premises as a part thereof on the termination of this lease. Such alterations, additions, and improvements may only be made with the prior written consent and approval of the Lessor, which shall not makebe unreasonably withhold said consent. If consent is granted by the Lessor for the making of improvements, or suffer to be made, any alterations or additions to the leased Premises, or any part thereofsuch improvements, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions shall not commence until such time as the Lessee has furnished to the Lessor a copy of all plans and a certificate of insurance showing coverage in an amount satisfactory to the Lessor protecting the Lessor from liability for injury to any person and damage to any personal property, on or off the leased Premises, Tenant shall submit to Landlord for Landlord=s review and approvalin connection with the making of such improvements, detailed plans and specifications for the proposed alterations or additions. Any such alterations No cooling tower, equipment, or additions approved by Landlord structure of any kind shall be constructed placed on the roof or elsewhere on the leased premises by a contractor selected by Tenant but approved by Landlordthe Lessee without prior written permission of the Lessor. If such permission is granted, such work or installation shall be constructed done at the Lessee's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Lessee shall promptly remove and reinstall the cooling tower, equipment or structure at the Lessee's expense and repair at the Lessee's expense any damage which may result from such removal or reinstallation. Upon termination of this lease, Lessee shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by the Lessor. Lessee shall promptly repair, at its expense, any damages resulting from such removal. At the termination of this lease, Lessee shall deliver the leased Premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation of trade fixtures shall be repaired at the Lessee's expense prior to the expiration of the lease term. All alterations, improvements, additions and repairs made by the Lessee shall be made in good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisemanner.
Appears in 2 contracts
Samples: Triple Net Lease Agreement, Triple Net Lease Agreement
Alterations. Tenant shall not makecreate any openings in the roof or exterior walls, or suffer to be made, any alterations or additions to the Premises, or any part thereof, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, nor shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the PremisesLeased Premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld. In the event of an improvement or alteration, Landlord shall have the right to determine (at the time such approval is given) whether it shall be left or removed at the expiration or termination of the Lease, except as required by any governmental authority. Tenant shall submit be responsible to Landlord for Landlord=s review make all additions, improvements, alterations, and approvalrepairs on the Leased Premises and on and to the appurtenances and equipment thereof, detailed plans and specifications for required by any governmental authority or which may be made necessary by the proposed alterations act or additionsneglect of any person, firm or corporation, private or public, claiming by, through or under Tenant. Any such alterations improvement or additions approved by Landlord alteration shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed done in a good and workmanlike manner and in compliance with all applicable permits and authorizations and building and zoning laws, and with all other laws, ordinances, rules, regulations, and requirements of good all Federal, State, and sufficient materialsmunicipal governments, in accordance with the plans departments, commissions, boards, and specifications approved by Landlordofficers, and in accordance with all Applicable Lawsthe orders, rules, and regulations of the National Board of Fire Underwriters or any other body exercising similar functions. Upon completion of any work by or on behalf of Tenant, the Tenant shall provide Landlord with such documents as Landlord may require (including, without limitation, sworn contractor’s statements and supporting lien waivers) evidencing payment in full for such work. Tenant shall provide Landlord with sufficient advance written notice of the commencement of any work which may result in a mechanic’s or materialman’s lien against the Leased Premises so that the Landlord can post sufficient notices of non-liability. Tenant shall be responsible for obtaining and complying to make all alterations so that the Leased Premises are in full compliance with the terms and provisions of any permits or approvals required in connection Americans with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseDisabilities Act.
Appears in 2 contracts
Samples: Lease Agreement (Cobiz Inc), Lease Agreement (Cobiz Inc)
Alterations. Tenant TENANT shall not makemake any alterations, additions or improvements to the Demised Premises (whether or not the same may be structural in nature) without LANDLORD’S prior written consent. All alterations, additions, or suffer to be made, any alterations or additions improvements made to the Premises, or any part thereof, without the prior written consent of Landlord, and any such additions to or alterations of the Demised Premises, except movable furniture and trade fixturesequipment installed at TENANT’S expense, shall become at once a part be the property of the realty LANDLORD and belong remain upon and be surrendered with the Demised Premises at the expiration of the term of this Lease; provided, however, that LANDLORD may require TENANT to Landlord. To the extent that Tenant shall desire to make remove any alterations or additions made at TENANT’S request to the Demised Premises and to repair any damage caused by such removal, and provide further, that if TENANT has not removed its property and equipment within ten (10) days after the expiration or termination of this Lease, LANDLORD may elect to retain the same as abandoned property. In the event TENANT shall request LANDLORD’S permission, and LANDLORD shall permit TENANT to perform any alterations, additions, improvements or repairs to the Demised Premises, Tenant TENANT shall (i) submit to Landlord for Landlord=s review and approval, detailed its plans and specifications to LANDLORD for its approval prior to the proposed alterations or additions. Any such alterations or additions commencement of any construction, (ii) obtain all necessary permits prior to the commencement of any construction, (iii) only use contractors approved by Landlord LANDLORD, (iv) not permit any construction liens to be placed or remain on the Demised Premises. In the event a construction lien shall be constructed filed against the Demised Premises as a result of work undertaken by TENANT, TENANT shall within ten (10) days of receiving notice of such lien, discharge the lien of record either by payment of the indebtedness to the lien claimant or by filing a contractor selected bond as security therefore. All such work made by Tenant but approved by Landlord, or on behalf of TENANT shall be constructed performed in a good and workmanlike such manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, as LANDLORD may designate and in accordance with all Applicable Lawsapplicable laws and regulations of governmental authorities having jurisdiction over the same. Tenant All such work by TENANT or its contractors shall not interfere with, impede or delay any work by LANDLORD or its contractors, tenants or TENANT’S contractors. All contractors engaged by TENANT shall be responsible for obtaining bondable, licensed contractors, possessing good labor relations, and complying with the terms and provisions capable of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseperforming quality workmanship.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Alterations. Except as set forth on Exhibit "A” attached hereto, Tenant shall not makemake or cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or suffer to be madeshades or awnings, or make any alterations or additions other changes to the Premises, or any part thereof, Leased Premises without the prior first obtaining Landlord's written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlordapproval. To the extent that Tenant shall desire to make any alterations or additions present to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for such work at the proposed alterations time approval is sought. In the event Landlord consents to the making of any alterations, additions, or additions. Any such alterations or additions approved improvements to the Leased Premises by Landlord Tenant, the same shall be constructed by a contractor selected made by Tenant but approved by Landlordat Tenant's sole cost and expense. All such work with respect to any alterations, additions, and changes shall be constructed done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the course of good such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and sufficient materials, in accordance with the plans and specifications approved by Landlord, and done strictly in accordance with all Applicable Lawslaws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall be responsible for obtaining and complying with have the terms and provisions same performed in such a manner as not to obstruct access to any portion of any permits or approvals required in connection with any alterations or additions to the Premises constructed by TenantBuilding. Tenant shallAny alterations, promptly upon completion of any such alterations additions, or improvements to or of the Leased Premises, including, but not limited to, wall covering, paneling, and built-in cabinet work, but excepting movable furniture and equipment, shall at once become a part of the realty and shall be surrendered with the Premises deliver to unless Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to otherwise elects at the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) end of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseterm hereof.
Appears in 2 contracts
Samples: Lease Agreement (Pacific Webworks Inc), Lease Agreement (Pacific Webworks Inc)
Alterations. Tenant (a) The Lessee shall not makeeffect any improvement, alteration, renovation, expansion, demolition on or suffer rebuilding or excavation of any part of the Leased Premises, the Construction Laydown Area, the Easement Areas or Lessee’s Improvements (including Facility) (collectively “Alterations”) without complying with the provisions of this Section 6.1. Before undertaking any Alterations, the Lessee shall deliver thirty (30) days’ prior written notice of its intention to be made, any alterations or additions do so to the Lessor and shall describe the scope of the Alterations with reasonable particularity.
(b) If the Alterations:
(i) do not involve excavation at or below grade and are not reasonably expected to (i) impact the Lessor’s or any Third Party’s improvements, facilities, roads, tracks, pipelines, pipe racks, wires, lines, conduits or other infrastructure at the Leased Premises or the Lessor’s Premises, or (ii) exacerbate any part thereofexisting environmental contamination or interfere with a Remedial Action that has previously been communicated to the Lessee in writing by the Lessor, the Lessee may undertake the Alterations without the Lessor’s consent, but the Lessor may, by notice in writing delivered within ten (10) Business Days of receipt of the Lessee’s notice, require the Lessee to meet with the Lessor to discuss changes to such Alterations which the Lessor reasonably believes to be necessary in order to avoid the potential for: (A) a breach of this Lease; (B) a breach of any Related Agreement; or (C) an adverse effect on the Lessor’s Premises, Easement Areas, or any of the Lessor’s or any Third Party’s improvements at or within the Leased Premises or the Lessor’s Premises. If the Lessor delivers the notice, the Lessee shall negotiate with the Lessor in good faith with a view to implementing the Lessor’s proposed changes to the Alterations. If the Lessor does not deliver the notice within the time specified, the Lessee may commence the Alterations without the requirement to consult with the Lessor or to provide further notice unless the scope or nature of the Alterations changes in a material manner that would require the delivery of a second or subsequent notice in which event the procedures set forth above will apply equally to such second and any subsequent notices;
(ii) involve excavation at or below grade, the Lessee shall not undertake the Alterations without the Lessor’s prior written consent of Landlordconsent, which may not be unreasonably withheld, conditioned or delayed and subject to the Lessor’s consent, the Lessee (1) shall not commence such excavation until the Lessor provides the Lessee with excavation procedures applicable to the Alteration and (2) shall comply with Lessor’s Safety Requirements for any such additions excavation;
(iii) are reasonably expected to (x) impact the Lessor’s or any Third Party’s improvements, facilities, roads, tracks, pipelines, pipe racks, wires, lines, conduits or other infrastructure at the Leased Premises or the Lessor’s Premises, or (y) exacerbate any existing environmental contamination that has been communicated to the Lessee in writing by the Lessor, or (z) interfere with a Remedial Action, the Lessee shall not undertake the Alterations without the Lessor’s prior written consent, which may be withheld, conditioned or delayed in the Lessor’s sole discretion for any reason or no reason; and/or
(iv) involve the discharge to any wastewater treatment facility commonly used or under a shared wastewater Environmental Permit with the Lessor, or the emission to air either (A) under a shared air emission Environmental Permit with the Lessor or (B) that may reasonably be expected to cause the ambient air concentration of an air pollutant to exceed that allowed by Environmental Law or the Lessee’s or the Lessor’s Safety Requirements, in each case above, of (X) any chemical or substance not discharged or emitted as of the Commencement Date, or (Y) a materially increased amount or concentration of any chemical or substance relative to the amount or concentration discharged or emitted as of the Commencement Date, the Lessee shall not undertake the Alterations without the Lessor's prior written consent.
(c) Except as otherwise specifically permitted in the provisions of this Lease, the Lessee shall not make any Alterations to the Easement Areas without the Lessor’s prior written consent, (i) which consent, with respect to any replacement (as opposed to expansions or additions) of existing Lessee’s Improvements located within the Easement Areas, shall not be unreasonably conditioned, delayed or withheld and (ii) which consent may otherwise be withheld in the Lessor’s sole discretion for any reason or no reason.
(d) Any Alterations effected by the Lessee shall not interfere with the rights granted to or alterations of reserved by the Lessor in this Lease. In addition, all Alterations will be carried out in compliance with all applicable Laws, the Lessee’s Safety Requirements with respect to the Leased Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions Lessor’s Safety Requirements with respect to the Premises, Tenant shall submit to Landlord for Landlord=s review Easement Areas and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed otherwise performed in a good and workmanlike manner and of good with minimum disruption and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions inconvenience to the Premises constructed by TenantLessor and the Lessor’s Premises. Tenant shall, promptly upon Upon completion of any such alterations Alterations the Lessee shall inform the Lessor regarding the operation of the Leased Premises, Easement Areas, the Construction Laydown Area or improvements Lessee’s Improvements to the Premises deliver to Landlord all as-built plans extent affected by any such Alterations and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien extent reasonably required for the Lessor to (i) understand the nature and completion bond in an amount equal to one hundred fifty percent (150%) effect of the estimated cost of Alterations, (ii) coordinate environmental, health, security and safety matters with the proposed alterations or additions Lessee, and (iii) appropriately respond to the Premises. In any caseenvironmental, Tenant shall keep the Premises free from any liens arising out of any work performedhealth, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisesecurity and safety emergencies.
Appears in 2 contracts
Samples: Asset Transfer Agreement, Asset Transfer Agreement (GlyEco, Inc.)
Alterations. (a) Tenant shall not makemake no alterations, additions or suffer to be made, any alterations improvements in or additions to the Premises, or any part thereof, Premises without the Landlord's prior written consent, which consent of shall not be unreasonably withheld or delayed, and then only by contractors or mechanics reasonably approved by Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, which approval shall become at once a part of the realty and belong to Landlordnot be unreasonably delayed. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for any proposed alterations, additions or improvements to the proposed alterations Premises, and may not make such alterations, additions or additionsimprovements until Landlord has approved of such plans and specifications. Any Tenant shall construct such alterations alterations, additions or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, improvements in accordance with the plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. If the proposed change requires the consent or approval of any lessor of a superior lease, or the holder of a mortgage encumbering the Premises, such consent or approval must be secured prior to the construction of such alteration, addition or improvement. 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 or facilities. 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, regulations and requirements of all governmental agencies, offices and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Pacific Fire Rating Bureau, and of any similar body. Before commencing any work, Tenant shall give Landlord at least ten (10) days written notice of the proposed commencement of such work and shall, if reasonably required by Landlord based upon the reputation and financial capability of the contractor and the nature of the work to be performed (including Landlord's particular reasons therefor), secure at Tenant's own post and expense, a completion and lien indemnity bond reasonably satisfactory to Landlord for said work. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, or materials' claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within twenty (20) days after the filing thereof, at the cost and expense of Tenant, except that Tenant shall not be obligated to so discharge such lien prior to ten (10) days following Tenant's receipt of notice of the existence thereof. As long as Tenant properly discharges the lien by bond or otherwise, as provided above, Tenant shall have the right to contest such lien in accordance with applicable law. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all Applicable Laws. wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the Term hereof, except that Landlord may, by written notice to Tenant at the time Landlord consents to such alteration, or within twenty (20) days after receipt of notice thereof, if no consent is required, require Tenant to remove at the end of the Term, all partitions, counters, railings 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 all costs arising from such removal. Notwithstanding any contrary provision of this Subparagraph 14(a), Landlord's prior consent shall not be responsible required for obtaining any nonstructural alteration to the Premises, the cost of which does not exceed Thirty Thousand Dollars ($30,000.00), as long as such alteration does not affect the structural integrity of the Building, does not adversely affect the Building systems and complying with is not visible from the terms and exterior of the Premises; provided, however, all other provisions of this Subparagraph 14(a) shall be applicable to any permits or approvals required in connection such alteration, including, but not limited to Tenant's obligation to provide Landlord with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion prior written notice of any such alterations or improvements to alteration, along with the Premises deliver to Landlord all as-built plans and specifications thereforrelated thereto, if appropriate.
(b) All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant at any time during the Lease Term when Tenant is not in default hereunder, or within fifteen (15) days following the end of such Lease Term. If Tenant shall fail to remove all of its effects from the Premises within fifteen (15) days after termination of this Lease for any cause whatsoever, 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. In such event, Tenant agrees to pay Landlord upon demand any and all expenses incurred in such removal, including court costs and attorneys' fees and storage charges on such effects, for any length of time that the same shall be in Landlord's possession. Landlord may, but shall not be obligated toat its option, condition Landlord=s consent without notice, sell said effects, or any of the same, at private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale upon any amounts due under this Lease from Tenant to any alterations or additions Landlord and upon the expense incident to the Premises costing $10,000 or more upon Tenant=s delivery removal and sale of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisesaid effects.
Appears in 2 contracts
Alterations. Tenant shall not makemake additions, alterations, changes or suffer improvements in or to be made, any alterations structural components or additions to the Premises, exterior of the Leased Premises or any part thereof, which reduce the value of the Leased Premises without the prior written consent of Landlord, and any which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions to additions, alterations, changes or alterations of the Premisesimprovements, except movable furniture and trade fixturesthen all additions, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations alterations, changes or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord improvements shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good at Tenant’s sole expense and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion thereof, become the property of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord; provided, however, Landlord may, but shall not be obligated toat its option, condition Landlord=s consent require Tenant, at Tenant’s sole cost and expense, to remove any alterations such additions, alterations, changes or additions improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises costing $10,000 or more upon Tenant=s delivery caused by such removal provided Landlord has informed Tenant of a lien such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any casedefend Landlord against, Tenant and shall keep the Premises Leased Premises, Property and Park free from any all mechanics’ liens and other such liens arising out of from any work performed, material furnished, or obligation obligations incurred by Tenant, whether Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any alterations lien which attaches as a result of such work immediately after such lien attaches or additions payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Premises Leased Premises, Property or otherwisePark as a result thereof.
Appears in 2 contracts
Samples: Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp)
Alterations. Tenant shall not make, make or suffer permit to be mademade any alterations, any alterations additions or additions improvements in, upon or to the Leased Premises, or any part thereofof the Leased Premises, without the prior written consent of Landlord. In the event such consent is obtained, and any all such alterations, additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord improvements shall be constructed by a contractor selected by performed at the expense of Tenant but approved by Landlord, shall be constructed in a good good, workmanlike manner, free from faults and workmanlike manner defects and of good and sufficient materials, in accordance with the all applicable laws and building codes and plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with not allow any construction liens to attach to the terms and provisions of any permits Leased Premises or approvals required the Property, Building or Improvements in connection with any alterations or additions such alteration, and the failure of Tenant to the Premises constructed by Tenant. Tenant shall, promptly upon completion of have any such alterations or improvements to the Premises deliver to lien released within ten (10) days after written notice from Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of constitute a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premisesdefault under this Lease. In any caseaddition, Tenant shall keep the Premises free indemnify, defend and hold Landlord harmless from any liens arising out and all costs and expenses incurred by Landlord in connection with such construction liens, including, without limitation, attorneys fees and costs of litigation. All alterations, additions or improvements (except trade fixtures) so made and installed by Tenant shall become part of the realty, shall become the property of Landlord and shall remain for the benefit of Landlord at the end of the term or other expiration of this Lease in as good condition as they were when installed, reasonable wear and tear excepted; provided, however, that any work performedsuch alteration, material furnishedaddition or improvement remaining at the end of the term or other expiration of this Lease, or obligation incurred shall upon demand made by Landlord, be removed by Tenant, whether in connection with at Tenant’s expense, and Tenant shall repair any alterations or additions damage caused by such removal, restoring the Leased Premises to their condition prior to the Premises making of such alteration, addition or otherwiseimprovement.
Appears in 2 contracts
Samples: Lease Agreement (Corium International, Inc.), Lease Agreement (Corium International, Inc.)
Alterations. Tenant shall not makemake no alterations, decorations, additions or improvements in or to Demised Premises without Landlord's prior written consent, and then only by contractors or mechanics approved in advance in writing by Landlord and only upon such conditions as Landlord may impose. Tenant shall submit such information as Landlord shall require, including, without Limitation (i) plans and specifications, 00 evidence of insurance coverage in such types and amounts and from such insurers as Landlord deems satisfactory, and (M) all permits and Licenses required in connection with such work. ALL such work shall be done at Tenant's sole cost and expense at such times and in such manner as Landlord may from time to time designate. 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 the Insurance Services Office and of any similar body. Before commencing any work, Tenant shall (a) give Landlord at Least fifteen (15) days' written notice of the proposed commencement of such work in order to give Landlord an opportunity to prepare, post and record such notice as may be permitted by Law to protect Landlord from having its interest in Demised Premises or the Building made subject to a mechanic's Lien, and (b) shall secure, at Tenant's own cost and expense, a completion and Lien indemnity bond, satisfactory to Landlord, for said work. Any mechanic's Lien filed against Demised Premises or against the Building or the Land upon which the Building is Located or any of the areas used in connection with the operation of the Building for work claimed to have been done for, or suffer materials claimed to have been furnished to Tenant, shall be madedischarged by Tenant, any alterations by bond or additions otherwise, within ten (10) days after the filing thereof, at the cost and expense of Tenant. All alterations, decorations, additions, or improvements upon Demised Premises, made by either party, including without Limiting the generality of the foregoing, all paneling, partitions, railings, mezzanine floors, galleries and the like, shall, unless Landlord elects otherwise [which election shall be made by giving a notice pursuant to the Premises, provisions of Article 27 not less than three (3) days prior to the expiration or other termination of this Lease or any part renewal or extension thereof], without become the prior written consent property of Landlord, and any such additions to or alterations shall remain upon, and be surrendered with Demised Premises, as a part thereof, at the end of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to LandlordTerm. To the extent that If Tenant shall desire to make remove any alterations or additions to the property from Demised Premises, Tenant shall submit repair or, at Landlord's option, shall pay to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any cost of repairing any damage arising from such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Lawsremoval. Tenant shall not install any machine or equipment which causes noise, heat, cold or vibration to be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions transmitted to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) structure of the estimated cost of the proposed alterations or additions to the Premises. In any casebuilding without Landlord's prior written consent, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisewhich consent may be conditioned on such terms as Landlord may require.
Appears in 2 contracts
Samples: Lease Agreement (Homelife Inc), Lease Agreement (Homelife Inc)
Alterations. Tenant shall not make, or suffer to be made, any alterations or additions to the Premises, or any part thereofnot, without the prior written consent, which consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated tounreasonably withheld, condition Landlord=s consent to of Landlord in each instance, make any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations alterations, improvements, or additions to the Premises. In any caseLandlord shall not grant such consent until Landlord has had an opportunity to review Tenant's plans and specifications for such alterations, Tenant shall keep the Premises free from any liens arising improvements, or additions. If Landlord consents to said alterations, improvements, or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, insurance against liabilities which may arise out of such work, revisions to the plans and specifications for such work and permits necessary for such work. The work necessary to make any work performedalterations, material furnishedimprovements, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises shall be done at Tenant's expense by employees of, or otherwisecontractors hired by, Landlord, except to the extent Landlord gives its prior written consent to Tenant's hiring contractors. Notwithstanding the foregoing, Tenant may hire its own contractors to install mill work, telecommunications equipment and food service equipment in the Premises. Tenant shall promptly pay to Landlord or to Tenant's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant will also pay to Landlord an amount equal to five percent (5%) of all of the costs of such work to reimburse Landlord for its overhead and construction management services allocable to such work and all out-of-pocket costs incurred by Landlord in reviewing plans and specifications for said alterations, improvements or additions. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 6 or 11 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors, Tenant shall furnish to Landlord "as built" drawings of such work. Landlord agrees that Tenant shall not be required to remove any alteration, improvement or addition made to the Premises in compliance with this Section 6 unless Landlord has advised Tenant in writing prior to installation of such alteration, improvement or addition that Landlord's consent to such installation is conditioned upon Tenant's agreement to remove same upon expiration or termination of the Lease.
Appears in 2 contracts
Samples: Office Lease (Hewitt Holdings LLC), Office Lease (Hewitt Associates Inc)
Alterations. Tenant Licensee shall not make, make any alteration or suffer to be made, any alterations or additions modification to the Premises, or any part thereof, Premises without the prior written consent of LandlordLicensor, which consent may not be unreasonably withheld, conditioned or delayed. Licensor’s consent may be conditioned upon, among other requirements, Licensee removing such alterations and restoring the Premises to its condition prior to such alterations upon the expiration or the earlier termination of this Agreement. Licensor’s prior written consent shall not be required for any such additions to alteration or alterations modification that either (a) is purely decorative or cosmetic or (b)(i) is non-structural and (ii) does not adversely affect the value or function of the Premises, except movable furniture and trade fixtures, ; provided that Licensor shall become at once a part of the realty and belong retain sole discretion as to Landlord. To the extent that Tenant shall desire whether to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion require removal of any such alterations or improvements to modifications by Licensee upon the Premises deliver to Landlord all as-built plans and specifications thereforexpiration or the earlier termination of this Agreement. Landlord may, but shall not be obligated to, condition Landlord=s consent In the event that Licensor consents to any alterations or additions modification in, on or to the Premises, such alterations or modifications shall, at Licensor’s election made in its consent notice, be made by Licensor at Licensee’s sole cost and expense by contractors reasonably approved by Licensor. Licensee shall reimburse Licensor, within ten (10) days of receipt of an invoice from Licensor (with verification documentation and invoices reasonably supporting such costs), for any costs incurred by Licensor in connection with alterations or modifications made to the Premises costing $10,000 in accordance with this Section 2.6 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions repairing any damage to the Premises. In , the Building or any casepersonal property, Tenant shall keep fixtures or equipment of Licensor which may be therein or thereon resulting from the Premises free from any liens arising out acts or omissions of any work performedLicensee, material furnishedits employees or their respective contractors, or obligation incurred as a result of a breach of this Agreement by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseLicensee.
Appears in 2 contracts
Samples: Real Estate License Agreement (3M Health Care Co), Real Estate License Agreement (Solventum Corp)
Alterations. Tenant shall not make, permit material alterations in or suffer to be made, any alterations or additions to the PremisesLeased Premises unless and until Landlord has approved the plans therefor in writing. As a condition of such approval, or with respect to any part thereofspecialty alterations (such as private bathrooms, without raised computer floors, mezzanines, built-in filing systems and other non-standard office installations) Landlord may require Tenant to remove the prior written consent alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall ’s option become at once a part of the realty and belong to the property of Landlord, and shall not be removed by Tenant. To the extent that Tenant shall desire to make any ensure that all alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlordmade in accordance with all applicable laws, shall be constructed regulations and building codes, in a good and workmanlike manner and of good and sufficient materials, in accordance with quality equal to or better than the plans and specifications approved by Landlordoriginal 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 accordance with all Applicable Lawsthis 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 cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall be responsible for obtaining indemnify Landlord from all costs, losses, expenses and complying with the terms and provisions of any permits or approvals required attorneys’ fees in connection with any construction or alteration and any related lien. Tenant agrees that at Landlord’s option, Landlord or a subsidiary or affiliate of Landlord, who shall receive a fee as Landlord’s construction manager or general contractor, shall perform or cause to be performed all work on any structural or building-system alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Leased Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwise.
Appears in 2 contracts
Samples: Lease Agreement (GreenSky, Inc.), Lease Agreement (GreenSky, Inc.)
Alterations. Tenant Lessee will not make any alteration, additions or improvements in or to the Premises without the written consent of Lessor first having been obtained, which consent may be withheld in Lessor's reasonable discretion. Before commencing any work relating to approved alterations, additions and improvements affecting the Premises, Lessee shall notify Lessor in writing of the expected date of commencement thereof and Lessee shall present to Lessor plans and specifications for such alterations, additions or improvements at the time approval is sought. In the event Lessor consents to the making of any alterations, additions, or improvements to the Premises by Lessee, the same shall be made by Lessee at Lessee’s sole cost and expense. All such work shall be done only by contractors or mechanics approved by Lessor, which approval shall not makebe unreasonably withheld, conditioned or suffer delayed. Lessee shall not permit any mechanics or materialmen's liens to be madelevied against the Premises for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to Lessee's agents or contractor in connection with work of any character preformed or claimed to have been performed on the Premises by or at the direction of Lessee. Unless Lessor requires their removal by notice to Lessee given at the time of consent (or within ten (10) days after notice by Lessor form Lessee of alterations not requiring its approval), any alterations all alterations, improvement or additions to which may be made on the Premises shall become the property of Lessor and remain upon the Premises and be surrendered with the Premises at the expiration of the Term. If any mechanics or materialmen's lien, at any time, is filed against the Premises, or any part thereof, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part Lessee will cause such lien to be discharged of record within thirty (30) days after the realty and belong to Landlord. To the extent that Tenant shall desire to make filing of such lien (or any alterations or additions shorter period if required under Lessor's loan documents applicable to the Premises), Tenant except that if Lessee desires to contest such lien, it will furnish Lessor, within such 30-day (or shorter) period, security reasonably satisfactory to Lessor and its lender of at least 150% of the amount of the claim (or such higher amount as required to comply with applicable statutes to release the lien), plus estimated costs and interest or comply with such statutory procedures as may be available to release the lien. Such contest shall submit suspend the enforcement of any lien against the Premises. Lessor may at any time apply such deposit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any payment of such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed lien if Lessor at any time reasonably believes that such lien could result in a good foreclosure. Within ten (10) days of the final determination of a contest establishing the validity or existence of a lien for any amount is entered, Lessee will pay and workmanlike manner and of good and sufficient materialssatisfy the same. At any time Lessee either desires, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits to or approvals is required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent make any repairs, alterations, additions, improvements or utility installation thereon, or otherwise, Lessor may at its sole option require Lessee, at Lessee's sole cost and expense, to any alterations or additions obtain and provide to the Premises costing $10,000 or more upon Tenant=s delivery of Lessor a lien and completion bond in an amount equal to one hundred fifty percent and one-quarter (150%11/4) of times the estimated cost of such improvements, to insure Lessor against liability for mechanics and materialmen's liens and to insure completion of the proposed work. Lessee agrees that Lessor, at its option, may at its own expense make repairs, alterations or additions improvements which Lessor may deem necessary or advisable for the preservation safety or improvement of the Premises, including the right to modernize, improve, alter or make other changes to the Facility, or any portion thereof following no less than thirty (30) days’ notice to Lessee and approval of Lessee (which approval shall not be unreasonably withheld, delayed, or conditioned) solely as to the nature of such alterations or improvements to make sure they are consistent with Lessee's use of the Premises and its programmatic requirements, provided that Lessee shall at all times have reasonable access to the Premises, and Lessor shall schedule all such activities to minimize interference with Lessee's school program. In Notwithstanding any caseprovision to the contrary in this Section, Tenant shall keep Lessee may, following ten (10) days prior written notice to Lessor make the following alterations without prior consent from Lessor: (i) installation of Lessee's trade fixtures; and (ii) non-structural alterations, additions, or improvements in the Premises free from any liens arising out that cost less than $25,000 in the aggregate on a yearly basis to complete the entire project or are decorative or cosmetic in nature (such as repainting, recarpeting, reflooring, hanging wall coverings, installing low-voltage wiring and hanging pictures and light-weight shelving). Lessee shall at all times comply with NRS Chapter 108 in order to allow Lessor to properly record and effectuate notices of any work performednon-responsibility, material furnishedincluding, or obligation incurred by Tenantwithout limitation, whether in connection with any alterations or additions to the Premises or otherwiseNRS 108.2403 and NRS 108.2407.
Appears in 1 contract
Samples: Charter School Lease
Alterations. (a) Except as set forth in this PARAGRAPH 8 or in PARAGRAPH 12, Tenant shall not makemake any alterations, installations, changes, replacements, additions, or suffer to be made, any alterations improvements (structural or additions otherwise) (each an "ALTERATION") in or to the Premises, Premises or any part thereof, thereof without the prior written consent of the Landlord; PROVIDED, and HOWEVER, that Landlord shall not unreasonably withhold, condition or delay its consent to any such additions to or alterations of the same which do not affect the structural, mechanical, electrical, hydraulic, plumbing, heating, ventilating or air conditioning systems serving either the Building or the Premises, except movable furniture and trade fixtures. All Alterations in the Premises (whether installed with or without Landlord's consent), shall become at once a part the election of Landlord remain in the Premises and be surrendered with the Premises at the expiration of this Lease without disturbance, molestation or injury; FURTHER PROVIDED, HOWEVER, that any and all manufacturing items or other items of Tenant's personalty shall remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of the realty and belong to LandlordTerm. To Should Landlord elect that Alterations made by Tenant in the extent that Tenant shall desire to make any alterations Premises be removed upon expiration or additions to the Premisestermination of this Lease, Tenant shall submit cause same to be removed and to repair any damage caused thereby and restore the Premises at Tenant's sole cost and expense and Tenant shall reimburse Landlord for the cost of such removal together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same and to repair and restore as set forth above. Tenant shall similarly restore any damage resulting from its removal of its personal property.
(b) Landlord is delivering the Premises to Tenant in their "AS IS" condition, without any representation or warranty of any kind, express or implied, as to their condition and without any obligation to perform any work or to pay for any third party or Tenant to perform any work. By its execution of this Lease, Tenant acknowledges that it has inspected Building and the Land and that they are in condition satisfactory to Tenant.
(c) All of Tenant's work shall be done by contractors acceptable to Landlord for Landlord=s review and approvalin its reasonable discretion. Alterations by Tenant, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlordincluding any initial build-out, shall be constructed coordinated with any work being performed by Landlord. As further conditions to Landlord's approval of any proposed Alterations or additions by Tenant which are to be made by a contractor, Tenant shall cause the contractor(s) and subcontractor(s) to carry workmen's compensation insurance in a good statutory amounts, builder's risk insurance and workmanlike manner and of good and sufficient materials, in accordance comprehensive public liability insurance with the plans and specifications limits as approved by Landlord, and Tenant shall deliver to Landlord certificates of all such insurance. Tenant's work shall be performed in accordance with all Applicable Lawsa first-class and lien-free manner. Tenant shall not be Landlord's agent for purposes of this work and Tenant shall be solely responsible for obtaining and complying with the terms and provisions any mechanics' or materialmen's lien arising therefrom; Tenant shall pay, bond or otherwise release of record any permits such lien within ten (10) days after receiving notice of its existence.
(d) Tenant shall promptly pay for any work done or approvals required material furnished in connection with any alterations or additions to about the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent permit or suffer any lien to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions attach to the Premises. In any case, and Tenant shall keep the Premises free indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which may be incurred by Landlord with respect to any such lien or claim of lien. Tenant shall promptly cause any such liens arising out which have arisen by reason of any work performedclaimed to have been undertaken by or through Tenant to be released by payment, material furnishedbond or otherwise within thirty (30) days after request by Landlord. Tenant shall have no authority or power, express or implied, to create or cause any lien, charge, or obligation incurred by Tenant, whether in connection with encumbrance of any alterations or additions to kind against the Premises or otherwisethe Building. Tenant shall notify all of its contractors and materialmen in writing that any liens relating to any work ordered by Tenant shall attach to Tenant's leasehold estate in the Premises and shall not encumber Landlord's interest in the Premises or the Building.
Appears in 1 contract
Alterations. Tenant shall (a) Lessee will not makemake or permit any alterations, decorations, additions or suffer to be madeimprovements, any alterations structural or additions otherwise, in or to the Premises, Demised Premises or any part thereofthe Building, without the prior written consent of LandlordLessor, which consent may be conditioned, inter alia, upon Lessee's agreement to remove the same and restore the Demised Premises to its condition prior to the making of such alterations, at Lessee's sole cost and expense, upon the expiration or sooner termination of this Lease. All alterations, decorations, additions or improvements, structural or otherwise, in or to the Demised Premises or the Building shall be performed by Lessor's designated contractor.
(b) If any mechanic's lien is filed against the Demised Premises, or the real property of which the Demised Premises are a part, for work claimed to have been done for, or materials claimed to have been furnished to, Lessee, such additions to mechanic's lien shall be discharged by Lessee within ten (10) days thereafter, at Lessee's sole cost and expense, by the payment thereof or alterations by filing any bond required by law. Lessee shall promptly inform Lessor upon receipt, by Lessee, of any notice of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion filing of any such alterations or improvements mechanics lien(s). If Lessee shall fail to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord discharge any such mechanic's lien, Lessor may, but at its option and without inquiring into the validity thereof discharge the same and treat the cost thereof as additional Rent payable with the monthly installment of Rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by Lessor shall not be obligated todeemed to waive, condition Landlord=s or release, the default of Lessee in not discharging the same. Lessee hereby covenants and agrees to defend, indemnify and hold Lessor, the Demised Premises and the property upon which the Demised Premises is constructed, harmless from and against any and all claims, damages, cost, expense, liability, liens and other detriment which they may suffer or which may arise by reason of the making of any such alterations, decorations, additions or improvements. If any such alteration, decoration, addition or improvement is made without the prior written consent to of Lessor, Lessor may correct or remove the same, and Lessee shall be liable for any alterations and all expenses incurred by Lessor in the performance of this work. All alterations, decorations, additions or additions improvements in or to the Demised Premises costing $10,000 made by either party shall immediately become the property of Lessor and shall remain upon and be surrendered with the Demised Premises as a part thereof at the end of the Lease Term without disturbance, molestation or more injury; provided, however, that if Lessee is not in default in the performance of any of its obligations under this Lease, Lessee shall have the right to remove, prior to the expiration or termination of the Lease Term, movable furniture, furnishings or equipment installed in the Demised Premises at the expense of Lessee, so long as at all times the fair market value of the personal property of Lessee remaining upon Tenant=s delivery of a lien and completion bond in an amount the Demised Premises shall equal to not less than one hundred fifty percent (150%) of the estimated value of the remaining rental obligations of Lessee hereunder, and if such property of Lessee is not removed by Lessee prior to the expiration or termination of this Lease the same shall become the property of Lessor and shall be surrendered with the Demised Premises as a part thereof. Should the Lessor elect that alterations, decorations, and additions or improvements upon the Demised Premises be removed, upon termination of this Lease or upon termination of any renewal period hereof, Lessee hereby agrees to cause same to be removed at Lessee's sole cost and expense and should Lessee fail to remove the same, then and in such event, the Lessor shall cause same to be removed at the Lessee's expense and the Lessee hereby agrees to reimburse the Lessor for the cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwise.such removal
Appears in 1 contract
Alterations. 6.2.1 Tenant shall not make, or suffer to be made, any alterations or additions to the Premises, or any part thereof, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises nor make any contract therefor without first procuring Landlord's written consent. Any alterations, additions, and improvements are to be made at Tenant's sole and separate cost. All alterations, additions, and improvements made by Tenant to or upon the Premises, except light fixtures, signs, electrical equipment, cases, counters or other removable trade fixtures, shall at once when made or installed be deemed to have been attached to the Premises and to have become the property of Landlord; provided, however, if prior to termination of this Lease, or within thirty (30) days thereafter, Landlord so directs by written notice to Tenant, Tenant shall submit to Landlord for Landlord=s review at the termination of this Lease or if notified within thirty (30) days thereafter, promptly remove the additions, improvements, fixtures, trade fixtures, floor covering and approval, detailed plans and specifications for installations which were placed in the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected Premises by Tenant but approved and which are designated in said notice or which are to be retained by LandlordTenant and shall repair any damage occasioned by such removal; and in default thereof Landlord may effect said removal and repairs at Tenant's expense.
6.2.2 All work with respect to any alterations, shall additions, and changes must be constructed done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of good work.
6.2.3 Any such changes, alterations and sufficient materials, improvements shall be performed and done strictly in accordance with the plans laws and specifications approved by Landlord, and in accordance with all Applicable Lawsordinances relating thereto. Tenant shall be responsible for obtaining and complying with In performing the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion work of any such alterations alterations, additions or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to changes or of any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any caseconstruction, Tenant shall keep have the work performed in such a manner as not to cause nuisance.
6.2.4 Before commencing any such construction in or about the Premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall have the right at any time and from time to time to post and maintain on the Premises free such notices as Landlord deems necessary to protect the Premises and Landlord from any liens arising out of any work performedmechanics' liens, material furnishedmaterialmen's liens, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseother liens.
Appears in 1 contract
Alterations. (a) Tenant shall make all alterations, additions and improvements (hereinafter "Alterations") on the Leased Premises, and on. and to the improvements, parking areas, sidewalks, and equipment thereon, required by any governmental authority or which may be made necessary by the act or neglect of Tenant, its employees, agents or contractors, invites or any persons, firm or corporation, claiming by, through or under Tenant. Except as provided in the immediately preceding sentence, Tenant shall not makecreate any openings in the roof or exterior walls, or suffer to be made, make any alterations or additions other Alterations to the PremisesLeased Premises without Landlord's prior written consent, which consent Landlord may, in its discretion, withhold.
(b) As to any Alterations which Tenant is required hereunder to perform or to which Landlord consents, and as to any repairs costing in excess of $5,000.00, and as to any replacements whatsoever, or as to any part thereofwork performed pursuant to Article XVIII hereof, without the prior written consent of Landlordsuch work shall be performed with now materials, in all good and any such additions to or alterations of the Premisesworkmanlike manner, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed strictly in accordance with plans and specifications for the proposed alterations or additions. Any such alterations or additions therefor and approved in writing by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining applicable laws and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenantordinances. Tenant shall, promptly upon prior to the commencement of such work, deliver to Landlord copies of all required permits. At Landlord's option (exercised by notice in writing from Landlord to Tenant given within ten (10) days after Landlord receives Tenant's plans and specifications), such work shall be performed by employees of or contractors employed by Landlord, at Tenant's expense. Tenant shall permit Landlord to monitor construction operations in connection with such work, and to restrict, as may reasonably be required, the passage of manpower and materials, and the conducting of construction activity in order to avoid unreasonable disruption to Landlord or to other parties or other damage to the Leased Premises. Tenant shall pay to Landlord, for Landlord's overhead in connection with performing or monitoring such work, a sum equal to ten percent (10%) of Tenant's costs for such work. Upon completion of any such alterations work or improvements on behalf o Tenant, Tenant shall provide Landlord with such documents as Landlord may require (including, without limitation, sworn contractors' statements and supporting lien waivers) evidencing payment in full for such work, and "as built" working drawings. In the event Tenant performs any work not in compliance with the provisions of this Section 9.2(b), Tenant shall, upon written notice from Landlord, immediately remove such work and restore the Leased Premises to their condition immediately prior to the performance thereof. If Tenant fails so to remove such work and restore the Leased Premises deliver to Landlord all as-built plans and specifications therefor. as aforesaid, Landlord may, but at its option, and in addition to all other rights or remedies of Landlord under his Lease, at law or in equity, enter the Leased Premises and perform said obligation of Tenant and Tenant shall reimburse Landlord for the cost to the Landlord thereof, immediately upon being billed therefor by Landlord. Such entry by Landlord shall not be obligated to, condition Landlord=s consent to any alterations deemed an eviction or additions to the Premises costing $10,000 disturbance of Tenant's use or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) possession of the estimated cost of the proposed alterations or additions Leased Premises nor render Landlord liable in any manner to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwise.
Appears in 1 contract
Samples: Industrial Building Lease (Amcraft Building Products Co Inc)
Alterations. Except for the Tenant's Work, which shall be governed exclusively by the terms and conditions of the Workletter, Tenant shall not make, or suffer to be made, any alterations or additions to the Premises, or any part thereof, without the prior written consent of Landlord, and any alterations, additions or improvements to the Premises which: (i) affect the roof of the Landlord's Property, (ii) affect the structural components of the Project, (iii) affect any utility or mechanical systems (or any component part thereof) serving any part of the Project other than the Premises exclusively (including, without limitation, any such additions to systems or alterations component parts thereof located within the Premises), (iv) are or will be visible from outside of the Premises, except movable furniture (v) individually cost (including the cost of all labor, materials and trade fixturessupplies) in excess of $25,000.00 to perform, shall become at once a part or (vi) require the consent or approval of any other owner or owners of any portion of the realty Project or the Mayfair Project under the Easement Agreement, the Original Operating Agreement or the Amended Operating Agreement. Landlord's decision to refuse such consent shall be conclusive. If Landlord consents to such alterations, additions or improvements, before commencement of the work or delivery of any materials onto the Premises or into the Landlord's Property, Tenant shall furnish to Landlord, for Landlord's approval, plans and belong specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, evidence of reasonable and appropriate insurance for any contractors performing any such work, and instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such work, all in such form, substance and amount as may be satisfactory to Landlord. To the extent that Tenant shall desire In addition, prior to make commencement of any alterations such work or additions to delivery of any materials into the Premises, Tenant shall submit provide Landlord with appropriate evidence of Tenant's ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord for Landlord=s review and approval, detailed plans and specifications at such time such security for the proposed alterations or additionspayment of said work and materials as Landlord may reasonably require. Any such alterations or All alterations, additions approved by Landlord and improvements shall be constructed installed in a good, workmanlike manner and only new, high-grade materials shall be used. All such work shall be done only by a contractor selected by Tenant but contractors or mechanics approved by Landlord, which approval shall not be constructed unreasonably withheld. Tenant further agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected in a good and workmanlike manner and any way with said alterations, additions or improvements, except to the extent any such liabilities result from Landlord's gross negligence. Before commencing any work in connection with such alterations, additions or improvements, Tenant shall furnish Landlord with certificates of good and sufficient insurance from all contractors performing labor or furnishing materials, insuring Landlord against any and all liabilities which may arise out of or be connected in accordance any way with the plans and specifications approved by Landlordsaid alterations, and in accordance with all Applicable Lawsadditions or improvements. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required permit Landlord to supervise construction operations in connection with any alterations or the foregoing work if Landlord requests to do so. Tenant shall pay the cost of all such alterations, additions to and improvements, as well as the cost of decorating the Premises constructed occasioned by Tenant. Tenant shallsuch alterations, promptly upon completion of any such alterations or improvements to additions and improvements, including the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations labor and materials, contractors' profits, overhead and general conditions. Upon completing any alterations, additions or additions to the Premises. In any caseimprovements, Tenant shall keep furnish Landlord with contractors affidavits and full and final waivers of lien, in form required by law, and receipted bills covering all labor and materials expended and used. All alterations, additions and improvements shall comply with all insurance requirements and with all city and county ordinances and regulations and with the Premises free from any liens arising out requirements of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseall state and federal statutes and regulations.
Appears in 1 contract
Samples: Lease (Woodroast Systems Inc)
Alterations. Tenant 12.01 LESSEE shall not makedo or permit others under its control to do any work on the LEASED PREMISES related to any repair, rebuilding, alteration of or suffer to be made, any alterations or additions addition to the Premises, or any part thereof, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a improvements constituting part of the realty LEASED PREMISES unless (1) LESSEE shall have first procured and belong to Landlordpaid for all requisite municipal and other governmental permits and authorizations and (2) except for alterations which cost less than S25,000 and do not affect the structure of the LEASED PREMISES, shall have first procured LESSOR's prior written consent, which consent shall not be unreasonably withheld. To the extent that Tenant shall desire to make any alterations or additions If LESSOR consents to the Premisesdoing of any such work on the LEASED PREMISES, Tenant LESSOR shall submit to Landlord for Landlord=s review join in the application of any such permit or authorization whenever required, but LESSEE shall indemnify and approval, detailed plans hold LESSOR harmless against and specifications for the proposed alterations or additionsfrom all costs and expenses which may be thereby incurred by LESSOR. Any All such alterations or additions approved by Landlord work shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed done in a good and workmanlike manner and of good in compliance with all applicable building, zoning and sufficient materialsother laws, ordinances, governmental regulations and requirements and in accordance with the plans reasonable requirements, rules and specifications approved regulations of all insurers under the policies required to be carried by Landlordthe provisions of this LEASE.
12.02 If the LEASED PREMISES or any part thereof or LESSEE's interest therein shall at any time during the LEASE TERM become subject to any vendor's, mechanic's, laborer's, materialman's or other similar lien based upon furnishing of materials or labor to the LEASED PREMISES or to LESSEE and not contracted for by LESSOR, LESSEE shall cause the same to be discharged at its sole cost and expense within thirty (30) calendar days after LESSEE shall have actual notice of the existence thereof, unless such lien and the claim occasioning it are contested or litigated in good faith by LESSEE and LESSEE shall first have posted a bond sufficient to insure that, upon final determination of the validity of such lien or claim, LESSEE shall then immediately pay any final judgment rendered against it, with all related costs and charges, and shall have such lien or claim released without cost to LESSOR.
12.03 Nothing contained in accordance with all Applicable Laws. Tenant this LEASE shall be responsible for obtaining construed to prohibit LESSOR from making, and complying with LESSOR shall be entitled to enter upon the terms LEASED PREMISES and provisions of any permits or approvals required in connection with make, any alterations of or additions to the Premises constructed by Tenant. Tenant shallimprovements that constitute part of the LEASED PREMISES, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any which alterations or additions seem desirable or necessary to LESSOR in its sole discretion, provided that no such alteration or addition, nor the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) making of the estimated cost same, shall materially interfere with LESSEE's use of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseLEASED PREMISES.
Appears in 1 contract
Samples: Lease Agreement (Fti Consulting Inc)
Alterations. Tenant shall not make, or suffer to be made, any alterations or additions Notwithstanding anything to the Premisescontrary contained or implied in the Sublease, or Subtenant agrees as follows:
(a) All work (the "Work") done in connection with the Subtenant Improvements shall be performed and completed in a good and workxxx-xxxe manner and in accordance with (i) the preliminary plans and specifications prepared by Alex X. Xxxxxx & Xssociates, Inc. dated June 21, 1996 and (ii) the specifications for the enviro-chamber shown on Exhibit B to that certain letter agreement between Sublandlord and 2820 Master Landlord dated August 1, 1996 containing 2820 Master Landlord's consent to the Subtenant Improvements (collectively, the "Plans and Specifications"). The Work shall be subject to Master Landlords' final approval of construction documentation prior to commencement of any part thereof, Work. No Work shall be done which is not described in the Plans and Specifications without the prior written consent of Landlordthe Master Landlords. Prior to commencing any Work or receiving any materials in connection therewith, and any such additions Subtenant shall give Sublandlord not less than fifteen (15) days notice to or alterations enable Subtenant to notify Master Landlords so that they may post a notice of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord nonresponsibility.
(b) The Work shall be constructed performed by a general contractor selected or such other contractors as have been approved in writing by Tenant but approved by Landlord, Master Landlords prior to commencement of any Work.
(c) All work shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, done pursuant to appropriate building permits and in accordance with all Applicable Lawsapplicable governmental laws and regulations. Tenant Subtenant shall be solely responsible for obtaining and complying with the terms satisfying such permits, laws and provisions of any permits or approvals required regulations.
(d) All costs and expenses incurred in connection with any alterations the Work shall be at the sole expense of Subtenant.
(e) Subtenant shall indemnify, defend and hold harmless Sublandlord and its agents, officers and directors, from and against all costs, expenses, claims, damages and liability (including but not limited to reasonable attorneys' fees) arising from (i) the acts or additions omissions of Subtenant or its contractors or subcontractors in performing the Work, (ii) the failure of Subtenant to abide by the Premises constructed by Tenant. Tenant shallterms of this Addendum, promptly upon completion of any such alterations (iii) the design, specifications or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond material utilized in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwise.the
Appears in 1 contract
Samples: Sublease (Network Appliance Inc)
Alterations. Tenant shall will not makemake or permit anyone to make any alterations, decorations, additions or suffer improvements, structural or otherwise, in or to the Demised Premises or the Building without the prior written consent of Landlord. As a condition precedent to such written consent of Landlord, Tenant agrees to obtain and deliver to Landlord written and unconditional waivers of mechanics’ liens upon the real property of which the performed, and materials to be madeunconditional waivers of mechanics’ liens upon the real property of which the Demised Premises are a part, for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, materialmen and laborers to become involved in such work. If notwithstanding the foregoing, any alterations or additions to mechanics’ lien is filed against the Demised Premises, or the real property of which the Demised Premises are a part, for work claimed to have been done for, or materials claimed to have been furnished to, Tenant, such mechanics’ lien shall be discharged by Tenant within ten (10) days thereafter, at Tenant’s sole cost and expensed by the payment thereof or by filing any part thereofbond required by law. If Tenant shall fail to discharge any such mechanics’ lien, Landlord may, at its option, discharge the same and treat the cost thereof as additional rent payable with the monthly installment of rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by Landlord shall not be deemed to waive, or release the default of Tenant in not discharging the same. Tenant will indemnify and hold Landlord harmless from and against any and all expenses, liens, claims or damages to person or property which may or might arise by reason of the making of any such alterations, decorations, additions or improvements. If any such alteration, decoration, addition or improvement is made without the prior written consent of Landlord, Landlord may correct or remove the same, the Tenant shall be liable for any and any such all expenses incurred by Landlord in the performance of this work. All alterations, decorations, additions or improvements in or to the Demised Premises or alterations the Building made by either party shall immediately become the property of Landlord and shall remain upon and be surrendered with the Demised Premises as a part thereof at the end of the Premisesterm hereof without disturbance, except movable furniture and trade fixturesmolestation or injury; provided, shall become at once a part however, that if Tenant is not in default in the performance of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premisesof its obligations under this Lease, Tenant shall submit have the right to remove, prior to the expiration or termination of the term of this Lease, all movable furniture, furnishings or equipment installed in the Demised Premises at the expense of Tenant, and if such property of Tenant is not removed by Tenant prior to the expiration or termination of this Lease, the same shall become the property of Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance surrendered with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Demised Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of as a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisepart thereof.
Appears in 1 contract
Samples: Lease Agreement (Tvi Corp)
Alterations. Except as set forth on Exhibit “C” attached hereto, Tenant shall not makewithout first obtaining Landlord’s written approval: (a) make or cause to be made any alterations, additions, or suffer improvements; (b) install or cause to be madeinstalled any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, shades or awnings; or (c) make any alterations or additions other changes to the PremisesLeased Premises without first obtaining Landlord’s written approval. The foregoing notwithstanding, if the proposed alteration, addition or any part thereofimprovement is, without in Landlord’s judgment, likely to affect the prior written consent of Landlord, and any such additions to or alterations structure of the PremisesBuilding or the electrical, except movable furniture and trade fixtures, shall become at once a part plumbing or HVAC systems or otherwise adversely impacts the value of the realty Building, such consent may be withheld at the sole and belong to absolute discretion of the Landlord; except for the foregoing, Landlord’s approval shall not be unreasonably withheld. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit present to Landlord for Landlord=s review and approval, detailed plans and specifications for such work at the proposed alterations time approval is sought. In the event Landlord consents to the making of any alterations, additions, or additions. Any such alterations or additions approved improvements to the Leased Premises by Landlord Tenant, the same shall be constructed by a contractor selected made by Tenant but at Tenant’s sole cost and expense. All such work shall be done only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld. All such work with respect to any alterations, additions, and changes shall be constructed done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the course of good such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and sufficient materials, in accordance with the plans and specifications approved by Landlord, and done strictly in accordance with all Applicable Lawslaws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall be responsible for obtaining and complying with have the terms and provisions same performed in such a manner as not to obstruct access to any portion of any permits or approvals required in connection with any alterations or additions to the Premises constructed by TenantBuilding. Tenant shallAny alterations, promptly upon completion of any such alterations additions, or improvements to or of the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord mayLeased Premises, including, but shall not be obligated limited to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of wallcovering, paneling, and built‑in cabinet work, but excepting movable furniture and equipment, shall at once become a lien and completion bond in an amount equal to one hundred fifty percent (150%) part of the estimated cost realty and shall be surrendered with the Leased Premises unless Landlord otherwise elects at the end of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseterm hereof.
Appears in 1 contract
Samples: Lease Agreement (Lifevantage Corp)
Alterations. Tenant Licensee shall not makemake any changes, or suffer to be made------ ----------- additions, any improvements, alterations or additions other physical changes to the PremisesLicensed Space, the Building or any portions thereof, or any part thereof, of the systems therein or thereon (referred to collectively as "Alterations" and singly as an ----------- "Alteration") without the prior written consent of LandlordLicensor in each instance, ---------- and in the event that Licensor grants such consent, such Alteration shall be made in compliance with all Legal Requirements and performed in a manner and at such times as Licensor reasonably designates and such Alterations or installations shall not, in any such additions to or alterations event, interfere with the use and operation of the PremisesBuilding by Licensor or any tenant, except movable furniture and trade fixtureslicensee, shall become at once a part occupant or user thereof. Without limiting the aforesaid, Licensee agrees that (a) prior to any Alterations by Licensee or the installation of any of Licensee's equipment in the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the PremisesLicensed Space, Tenant Licensee shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications of the planned Alteration or installation to Licensor for Licensor's approval, provided that in no event will Licensor's approval of such plans be deemed a representation that they comply with applicable Legal Requirements, and will not cause interference with communication operations of Licensor, or any tenant, licensee, user or occupant of the proposed alterations or additions. Any Building and any such alterations or additions approved by Landlord Alterations shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, made only in accordance with the plans and specifications approved by LandlordLicensor, and (b) all contractors performing any Alterations, modification or maintenance work on behalf of Licensee at the Licensed Space or in accordance with all Applicable Laws. Tenant the Building shall be responsible for obtaining and complying with subject to the terms and provisions prior written approval of Licensor prior to the commencement of such work, which approval shall not be unreasonably withheld. In the event Licensor or its agents employ any permits independent architect or approvals required engineer to examine any plans or specifications submitted by Licensee to Licensor in connection with any alterations proposed Alteration, Licensee agrees to pay to Licensor a sum equal to any reasonable fees incurred by Licensor in connection therewith. Nothing in this License Agreement shall be construed in any way as constituting the consent or additions request of Licensor, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialmen, for the Premises constructed by Tenant. Tenant shall, promptly upon completion performance of any such alterations labor or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated furnishing of any material for any specific Alteration to, condition Landlord=s consent to any alterations or additions to repair of, the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of Licensed Space, the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnishedBuilding, or obligation incurred any part thereof. Any mechanic's or other lien filed against the Building, or the real property on which the Building is situated, for work claimed to have been done for, or materials claimed to have been furnished to, Licensee or any person claiming through or under Licensee or based upon any act or omission or alleged act or omission of Licensee or any such person shall be discharged by Tenant, whether in connection with any alterations or additions to the Premises Licensee (by bond or otherwise) at Licensee's sole cost and expense, within twenty (20) days after the filing of such lien.
Appears in 1 contract
Samples: License Agreement (Cdnow N2k Inc)
Alterations. Tenant shall not makemake no alterations, decorations, additions, or suffer to be made, any alterations or additions improvements to the Premises, or any part thereof, leased premises without first obtaining the prior express written consent of Landlord, and any such additions to or alterations . Any of the Premises, except movable furniture and trade fixtures, above-described work shall become at once a part of the realty and belong to Landlorddwelling. To the extent that Tenant shall desire to make any alterations or additions to the PremisesIf carried out by independent contractors, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall said contractors must be constructed by a contractor selected by Tenant but approved by Landlord, . Tenant shall not contract for work to be constructed done without first placing monies sufficient to satisfy the contract price in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications an escrow account approved by Landlord, . All work shall be done at such times and in accordance with all Applicable Lawssuch manner as Landlord may designate. If a construction or mechanic’s lien is placed on the leased premises as a result of the work, such shall be satisfied by Tenant within ten (10) days thereafter at Tenant’s sole expense. Tenant shall be responsible for considered in breach of this Lease upon failure to satisfy said lien. NO ILLEGAL USE: Tenant shall not perpetrate, allow or suffer any acts or omissions contrary to law or ordinance to be carried out upon the leased premises or in any common area. Upon obtaining and complying with the terms and provisions actual knowledge of any permits illegal acts or approvals required in connection with any alterations or additions omissions upon the leased premises, Tenant agrees to immediately inform Landlord and the Premises constructed by Tenantappropriate authorities. Tenant shallshall bear responsibility for any and all illegal acts or omissions upon the leased premises and shall be considered in breach of this Lease upon conviction of Tenant or any of Tenant’s family or invitees, promptly licensees, and/or guests for any illegal act or omission upon completion of any such alterations the leased premises- whether known or improvements unknown to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwise.
Appears in 1 contract
Samples: Residential Lease Agreement
Alterations. Tenant Lessee shall not makemake any structural alterations, additions, or suffer to be made, any alterations or additions other changes to the Premises, or any part thereof, Leased Premises without the Lessor's prior written consent consent. Lessee may make non-structural alterations (including the erection of Landlord, and any such additions signs) to or alterations the interiors of the Premises, except movable furniture and trade fixtures, shall become at once a improvements constituting part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the PremisesLeased Premises without Lessor's prior written consent, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any but only if: (1) such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed are accomplished in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, at Lessee's sole expense and in accordance with all Applicable Lawsapplicable federal, state, and local laws, regulations, ordinances, and other promulgations; and (2) such alterations shall not adversely affect the structural strength or market value of the improvements. Tenant Title to such alterations (excluding trade fixtures which shall remain the property of Lessee but which shall be responsible removed at the end of the Lease Term without damage to the Leased Premises) shall immediately vest in Lessor at the end of the final day of the Lease Term and shall remain as part of the Leased Premises. However, Lessor may elect to have Lessee remove any or all such alterations in which event such alterations shall be completely removed by Lessee (without damage to the Leased Premises) by the end of the Lease Term. Lessee shall promptly pay for obtaining and complying with the terms and provisions of any permits all work done or approvals required materials furnished in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion making of any such alterations alterations, additions, or improvements other changes to the Premises deliver Leased Premises, and under no circumstances may any of Lessee's suppliers of work or materials obtain any lien or other claim to Landlord all as-built plans Lessor's interest in the Leased Premises, and specifications thereforin any such event Lessee shall promptly remove or bond over the same. Landlord mayLessor's consent to the making of any such alterations, but additions, or other changes shall not be obligated to, condition Landlord=s consent construed to make Lessee an agent of Lessor with authority to subject Lessor's interest in the Leased Premises to any alterations such lien or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseother claim.
Appears in 1 contract
Samples: Office Lease (Saxon Capital Inc)
Alterations. (a) Tenant shall not make, or suffer to be made, any alterations or additions to the Premises, or any part thereofnot, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premisesalterations, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In It is agreed that with respect to alterations, improvements or additions costing less than Three Thousand Dollars ($3,000.00) in the aggregate, Landlord's consent shall not be unreasonably withheld or delayed. For such work costing more than Three Thousand Dollars ($3,000.00) in the aggregate such consent may be granted or withheld in Landlord's sole discretion. If Landlord consents to any casealterations, Tenant shall keep improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, Landlord's approval of the Premises free from any liens arising contractors to perform the work, contractor's lien waivers, insurance against liabilities which may arise out of any such work, plans, specifications and permits necessary for such work performed, material furnishedand as-built drawings upon completion of such work. All work done by Tenant or its contractors pursuant to and in accordance with this Paragraph 8, or obligation incurred otherwise shall be done in a first-class workmanlike manner, using only good grades of materials and without disturbing other tenants, shall be done in compliance with all insurance requirements and all applicable laws or ordinances and rules and regulations of governmental departments or agencies and shall be done by Tenantresponsible contractors and subcontractors approved by Landlord in advance whose engagement will not in Landlord's opinion, and in fact does not, result in any labor dispute at the Building, whether in connection with any alterations construction at the Building, the operation of the Building or otherwise.
(b) All alterations, additions or improvements made by Tenant and all fixtures attached to the Premises shall become the property of Landlord and remain at the Premises (including the Landlord's Work and the Tenant's Work). Notwithstanding the foregoing, for alterations, additions or otherwiseimprovements other than the Tenant's Work and the Landlord's Work ("Additional Work"), Tenant shall, at the time it seeks consent for such Additional Work, ask Landlord for a determination of whether said Additional Work shall be removed at the expiration or sooner termination of the Lease. Should Tenant fail to seek such determination or should Landlord determine that the Additional Work shall be removed, any or all of the Additional Work shall be removed at the cost of Tenant before the expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Premises caused by the installation and/or removal thereof. Tenant shall not permit or suffer any signs, advertisements or notices to be displayed, inscribed upon or affixed on any part of the outside or inside of the Premises, or in the Building, except on the directory board to be provided by Landlord and on the entrance doors of the Premises, provided, however, that Tenant shall not display, inscribe or affix any sign on such directory board or on the entrance doors of the Premises without, in each instance, obtaining the prior written approval from Landlord as to the size, color and style of such sign. Landlord shall have the right to remove unauthorized signs at Tenant's expense.
Appears in 1 contract
Samples: Lease Agreement (Owosso Corp)
Alterations. Tenant shall not makemake any additions, alterations or suffer improvements in or to be madethe Leased Premises ("Alterations") without Landlord's written consent. The Landlord will review, within 30 calendar days of notification, any alterations or additions permanent physical changes to the Premises, or any part thereof, without Leased Premises initiated by the prior written consent Tenant. All planned improvements initiated by the Landlord will be done in consultation with the Tenant to ensure that the work does not interrupt operations and is appropriate to meet programming goals and objectives. During the term of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premisesthis Lease, Tenant shall submit will have the right to Landlord for Landlord=s review and approval, detailed plans and specifications for the veto any work proposed alterations that does not meet its programming or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Lawsinterpretive goals. Tenant shall not permit or allow any lien to be responsible for filed or recorded against the Property or the Leased Premises or Landlord's interest therein and Tenant shall fully cooperate with Landlord in obtaining the protection afforded Landlord under Section 00-00-000, C.R.S. All additions, alterations and complying with the terms and provisions of any permits improvements made in or approvals required in connection with any alterations or additions to the Leased Premises constructed by either Landlord or Tenant. Tenant shall, promptly upon completion of including any such alterations or improvements to the Premises deliver to Landlord all as-built plans attached fixtures and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred equipment installed by Tenant, whether in connection shall, at the option of the Landlord, become the property of Landlord and be surrendered with any alterations the Leased Premises at the termination of this Lease or additions be removed by Tenant at its expense and the Leased Premises restored to its original condition. Subject to the Premises provisions of this paragraph, Tenant may remove all other fixtures and equipment, provided Tenant repairs any damage caused by such removal. The failure of Tenant to remove its fixtures or otherwiseany of its property at the termination of this Lease shall be deemed abandonment of such property at the option of Landlord.
Appears in 1 contract
Samples: Lease Agreement
Alterations. 11.1 Tenant shall not makepaint the Premises or make any alterations, additions, or suffer other improvements in or to be made, the Premises or install any equipment of any kind that shall require any alterations or additions to or affect the Premisesuse of the Project’s water system, heating system, plumbing system, air-conditioning system, electrical system or other mechanical system, or install any part thereoftelephone antennae on the roof, in the windows or upon the exterior of the Building without the prior written consent of Landlord, and . 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 by Landlord 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 its review. All alterations and additions to the Premises shall be performed by Landlord, or alterations of the PremisesLandlord’s contractor, except movable furniture and trade fixtures, unless Landlord shall become at once a part of the realty and belong to Landlordotherwise agree in writing. To the extent that Tenant shall desire to make If any alterations or additions to the Premisesare not, with Landlord’s consent, performed by Landlord or its contractor, Tenant shall submit nevertheless pay Landlord a fee of ten percent (10%) of the total cost of the work to be performed, payable five percent (5%) prior to the beginning of the work and the remaining five percent (5%) upon completion of the work. Such fee is to compensate Landlord for coordinating Tenant’s contractor’s use of the Project’s systems and for access to the electrical, mechanical and telephone closets, as necessary. As a further condition of Landlord=s review ’s consent to the use of Tenant as contractor, Tenant or Tenant’s contractor must evidence insurance coverage to include: (a) Worker’s Compensation Coverage and approval, detailed plans (b) Comprehensive General Liability and specifications for Property Damage insurance in the proposed alterations or additionsamount of not less than Two Million Dollars ($2,000,000.00) in the aggregate. Any All work with respect to such alterations or and additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed done in a good and workmanlike manner and of good and sufficient materials, in accordance with diligently prosecuted to completion to the plans and specifications approved by Landlord, and in accordance with end that Premises shall at all Applicable Lawstimes be a complete unit except during the period necessarily required for such work. Tenant shall not permit a mechanic’s lien(s) to be responsible for obtaining and complying with placed upon the terms and provisions Premises, the Building or the Project as a result of any permits or approvals required in connection with any alterations or additions improvements made by it and agrees, if any such lien be filed on account of the acts of Tenant, promptly to pay the Premises constructed by Tenantsame. If Tenant fails to discharge such lien within ten (10) days of its filing, then, in addition to any other right or remedy of Landlord, Landlord may, at its election, discharge the lien. Tenant shall, promptly upon completion shall pay on demand any amount paid by Landlord for the discharge or satisfaction of any such alterations lien, and all attorneys’ fees and other costs and expenses of Landlord incurred in defending any such action or improvements in obtaining the discharge of such action or in obtaining the discharge of such lien, together with all necessary disbursements in connection therewith. Tenant hereby expressly recognizes that in no event shall it be deemed the agent of Landlord and no contractor of Tenant shall by virtue of its contract be entitled to assert any lien against the Premises deliver to Landlord all as-built plans and specifications thereforPremises, Building or Project. Landlord may, but shall not be obligated to, condition Landlord=s consent to any All alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of shall become a lien and completion bond in an amount equal to one hundred fifty percent (150%) part of the estimated cost realty and surrendered to Landlord upon the expiration or termination of this Lease, unless Landlord shall at the proposed alterations time of its approval of such work require removal or additions to restoration on the Premises. In any case, part of Tenant shall keep the Premises free from any liens arising out as a condition of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisesuch approval.
Appears in 1 contract
Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make, make or suffer to be mademade any alterations, additions, or improvements, including, but not limited to, the attachment of any alterations fixtures or additions equipment in, on, or to the Premises, Premises or any part thereofthereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord, and any which consent shall not be unreasonably withheld, conditioned or delayed. When applying for such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premisesconsent, Tenant shall submit to Landlord for shall, if requested by Landlord=s review and approval, detailed furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (a) are not structural in nature, (b) are not visible from the proposed exterior of the Building, (c) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (d) 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 additions. Any such alterations or additions approved improvement by Landlord Tenant, the same shall be constructed made by using either Landlord’s contractor or a contractor selected by Tenant but reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall be constructed in a good employ any contractor other than Landlord’s contractor and workmanlike manner and such other contractor or any subcontractor of good and sufficient materialssuch other contractor shall employ any non-union labor or supplier, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying 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 fifteen (15) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all 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. Except in connection with the Tenant Improvements described in Exhibit B, 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.
6.4 Notwithstanding anything to the contrary contained herein, so long as Tenant’s written request for consent for a proposed alteration or improvements (including, without limitation, any changes to the initial Tenant Improvements made after the date of this Lease in accordance with Exhibit B attached hereto) contains the following statement in large, bold and capped font “PURSUANT TO ARTICLE 6 OF THE LEASE, IF LANDLORD CONSENTS TO THE SUBJECT ALTERATION, LANDLORD SHALL NOTIFY TENANT IN WRITING WHETHER OR NOT LANDLORD WILL REQUIRE SUCH ALTERATION TO BE REMOVED AT THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE.”, at the time Landlord gives its consent for any alterations or improvements, if it so does, Tenant shall also be notified whether or not Landlord will require that such alterations or improvements be removed upon the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary contained in this Lease, at the expiration or earlier termination of this Lease and otherwise in accordance with Article 26 hereof, Tenant shall be required to remove all alterations or improvements made to the Premises by or on behalf of Tenant after the Commencement Date (and before the Commencement Date, to the extent Landlord has notified Tenant thereof in accordance with the terms of this Lease and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of Exhibit B) except for any such alterations or improvements which Landlord expressly indicates or is deemed to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but have indicated shall not be obligated to, condition Landlord=s consent required to any be removed from the Premises by Tenant. If Tenant’s written notice strictly complies with the foregoing and if Landlord fails to so notify Tenant whether Tenant shall be required to remove the subject alterations or additions to improvements at the Premises costing $10,000 expiration or more upon Tenant=s delivery earlier termination of a lien and completion bond in an amount equal to one hundred fifty percent (150%) this Lease, it shall be assumed that Landlord shall require the removal of the estimated cost of the proposed subject alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseimprovements.
Appears in 1 contract
Samples: Lease (Cray Inc)
Alterations. Tenant shall not makeSubtenant intends to make certain alterations, or suffer to be madeadditions, any alterations or additions improvements, modifications and decorations to the PremisesSublease Premises (including, or any part thereofbut not limited to, without the prior written consent construction of Landlorda large conference room, 3-4 private offices, paint, carpet, and any modifications to the current mechanical and electrical systems required to make such additions to or alterations improvements) (the “Planned Alterations”) at Subtenant’s sole cost and expense. Sublandlord hereby approves of the PremisesPlanned Alterations as described in Exhibit C attached hereto, except movable furniture and trade fixturesprovided, shall become at once a part however, that Master Landlord also approves of the realty and belong to Landlordsuch Planned Alterations. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant Subtenant shall be responsible for obtaining preparation of working drawings prepared with respect to the Planned Alterations for review and complying approval by Subtenant and Master Landlord. Subtenant shall also obtain Master Landlord’s approval for Planned Alterations at Subtenant’s sole cost and expense. If Sublandlord incurs any expense in attempting to obtain Master Landlord’s approval for the Planned Alterations or any other matter in which Master Landlord’s consent is required on Subtenant’s behalf, Subtenant shall promptly reimburse Sublandlord for such expense. Unless otherwise agreed in writing by Sublandlord and Subtenant, all such Planned Alterations that are a part of, or that are permanently affixed to, the Sublease Premises shall be installed at the sole cost and expense of Subtenant and shall become the property of Sublandlord and shall remain upon and be surrendered with the terms Sublease Premises at the end of the Term. Notwithstanding the foregoing sentence, if Master Landlord requires the removal of the Planned Alterations at the end of the Term, Subtenant shall be solely responsible for their removal and provisions of shall, at its sole cost and expense, repair any permits or approvals required in connection with any alterations or additions damage caused to the Sublease Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) removal of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisePlanned Alterations.
Appears in 1 contract
Alterations. Tenant shall not makemake alterations, or suffer to be made, any alterations improvements or additions to the Premises, or Premises nor make any part thereof, contract therefore without the obtaining Landlord's prior written consent of Landlordconsent. As a condition to giving such consent, and landlord may require that Tenant remove any such alterations, improvements or additions to or alterations at the expiration of the Premisesterm of this lease and to restore the Premises to the condition prior to making same provided that if Landlord does not so requires such removal then, except movable furniture to the extent not required, all such alterations, additions or improvements shall, upon the expiration of the term hereof, become the sole property of Landlord (excepting that in any event Tenant shall be permitted and shall remove its signs and trade fixtures). Before commencing any work relating to alterations, shall become at once a part of the realty additions and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to improvements affecting the Premises, Tenant shall submit to notify Landlord for Landlord=s review and approval, detailed plans and specifications for in writing of the proposed alterations or additionsexpected date of commencement thereof. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by then have the right at any time and from time to time to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect the Premises and Landlord form mechanics' liens, material men's liens or any other liens. In any event, tenant shall pay when due, all claims for labor or materials furnished to or for Tenant but approved by Landlord, shall be constructed at or for use in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable LawsPremises. Tenant shall not permit any mechanics' or material men's liens to be responsible levied against the Premises for obtaining and complying with the terms and provisions of any permits labor or approvals required material furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection with work of any alterations character performed or additions claimed to have been performed on the Premises constructed by or at the direction of Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwise.
Appears in 1 contract
Samples: Standard Form Industrial Lease (Intellisys Group Inc)
Alterations. (a) Tenant shall not makemake no improvements, or suffer to be madealterations, any alterations changes or additions to the PremisesPremises which involve structural changes to the Premises or the Shopping Center or which affect the mechanical, plumbing, electrical or any part thereof, other utility systems of the Shopping Center without the Landlord's prior written consent of Landlord, and approval. Before proceeding with any such additions to improvement, alterations, changes or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premisesadditions, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications therefor, for Landlord's consent. Tenant shall reimburse Landlord for all reasonable expenses incurred by Landlord in connection with (i) its decision as to whether to approve the proposed alterations improvements, alterations, changes or additions, and (ii) inspecting the same to determine whether the same are being or have been performed in accordance with the approved plans and specifications therefor and with all Legal Requirements and Insurance Requirements, including, without limitation, the fees and expenses of any architect or engineer employed for such purpose.
(b) On the Expiration Date or date of earlier termination of this Lease all improvements, alterations, changes and additions shall become the property of Landlord and shall be surrendered with the Premises. Any All fixtures installed in Premises during the Term shall be and remain a part of the Premises and shall be deemed the property of Landlord as of the date such alterations fixtures are completed, or additions approved as of the date such fixtures are attached to or built into the Premises, and shall not be removed by Tenant. At Landlord's option, any or all of the foregoing which may be designated by Landlord shall be constructed removed by Tenant, at its sole cost and expense, on or before the Expiration Date or date of earlier termination of this Lease, in which event Tenant shall restore the Premises to their condition prior to the making of such improvements, alterations, changes or additions, repair any damage or injury to the Shopping Center at its sole cost and expense. Notwithstanding the foregoing, Tenant shall have the right to remove its furniture and bank equipment from the Premises so long as it repairs any damage or injury to the Premises caused by such removal.
(c) Any removal of Tenant's personal property from the Shopping Center shall be accomplished in a contractor selected manner which will minimize any damage or injury to the Premises and the Shopping Center and any such damage or injury shall be promptly repaired by Tenant but approved at its sole cost and expense. Any personal property of Tenant not removed by Tenant prior to the Expiration Date or date of sooner termination of this Lease shall, at Landlord's option, either become the property of Landlord or shall be constructed in a good disposed of or stored by Landlord at Tenant's risk and workmanlike manner and expense.
(d) No approval of good and sufficient materialsplans or specifications by Landlord or consent by Landlord allowing Tenant to make improvements, in accordance with the plans and specifications approved by Landlordalterations, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations changes or additions to the Premises constructed shall in any way be deemed to be an agreement by Tenant. Tenant shallLandlord that the contemplated work complies with any Legal Requirements or Insurance Requirements or the certificate of occupancy for the Premises or the Shopping Center, promptly upon completion or deemed to be a waiver by Landlord of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost provisions of this Lease. Notice is hereby given that neither Landlord, Landlord's agents, the lessor under any underlying lease of the proposed alterations Shopping Center, or additions to portion thereof or the Premises. In any case, Tenant shall keep the Premises free from any liens arising out holder of any work performed, material furnishedmortgage on the Shopping Center, or obligation incurred by Tenantportion thereof shall be liable for any labor or materials furnished or to be furnished to Tenant upon credit, whether and that no mechanic's or other liens for such labor or materials shall attach to or affect any estate or interest of Landlord or any other such party in connection with any alterations or additions and to the Premises or otherwisethe Shopping Center.
Appears in 1 contract
Alterations. Tenant shall not make, make no changes in or suffer to be made, any alterations or additions to the Premises, or demised premises of any part thereof, nature without Owner's prior written consent. Subject to the prior written consent of LandlordOwner, and any such to the provisions of this article, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to or alterations the interior of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations demised premises using contractors or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions mechanics first approved in each instance by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by TenantOwner. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approval thereof and shall deliver promptly duplicates of all such permits approvals and certificates to Owner. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workxxx'x xxxpensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by payment or filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon completion installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the same shall be removed from the demised premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such alterations from the premises or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not upon removal of other installations as may be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any caserequired by Owner, Tenant shall keep immediately and at its expense, repair and restore the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions premises to the Premises condition existing prior to installation and repair any damage to the demised premises or otherwisethe building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or removed from the premises by Owner, at Tenant's expense.
Appears in 1 contract
Samples: Loft Lease (General Credit Corp)
Alterations. Tenant shall not makedo any painting or decorating, or suffer to be madeerect any partitions, make any alterations in or additions to the PremisesPremises or do any nailing, boring or any part thereofscrewing into the ceilings, walls or floors (hereinafter in this Section 11, the "Alterations") without the Landlord's prior written consent in each and every instance. Unless otherwise agreed by Landlord and Tenant in writing, the work on all such Alterations shall be performed either by or under the direction of Landlord, but at the cost of Tenant. Landlord's decision to refuse such consent shall be conclusive. However, Tenant shall be allowed to hang pictures and attach shelving to walls without Landlord's approval. If Landlord consents to such Alterations Tenant shall furnish to Landlord for approval before commencement of the work or delivery of any materials onto the Premises or into the Building, the following:
(a) all plans and specifications;
(b) names and addresses of all contractors;
(c) copies of all contracts;
(d) all necessary permits;
(e) an indemnification in form and amount satisfactory to Landlord and certificates of insurance from all contractors performing labor or furnishing materials, insuring against any and all claims, costs, damages, liabilities and expenses which may arise in connection with such additions Alterations. Whether Tenant furnishes Landlord the foregoing or not, Tenant hereby agrees to hold Landlord, its partners if any, and their respective agents and employees forever harmless from any and all liabilities of every kind and description which may arise out of or alterations of be connected in any way with said Alterations. Any mechanic's lien filed against the Premises, except movable furniture and trade fixturesthe Building or the Site, shall become at once a part of the realty and belong for work or materials claimed to Landlord. To the extent that have been furnished to Tenant shall desire to make be discharged of record by Tenant within ten (10) days thereafter, at Tenant's expense. Upon completing any alterations or additions to the PremisesAlterations, Tenant shall submit to furnish Landlord for Landlord=s review with contractors' affidavits and approval, detailed plans full and specifications for the proposed alterations or additionsfinal waivers of lien and receipted bills covering all labor and materials expended and used. Any such alterations or additions approved by Landlord All Alterations shall be constructed by a contractor selected by Tenant but approved by Landlord, comply with all insurance requirements and with all ordinances and regulations of any pertinent public authority. All Alterations shall be constructed in a good and workmanlike manner and good grades of good materials shall be used. All Alterations, upon the Premises, made by either party, including, without limitation, all paneling, decorations, partitions, railings, mezzanine floors, carpets, galleries, heating, air conditioning, plumbing, electrical machinery and sufficient materials, in accordance with the plans and specifications approved by Landlordequipment, and the like, shall, unless Landlord otherwise elects, which election shall be made by giving a notice in accordance writing not less than three (3) days prior to the expiration or other termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with said Premises as a part thereof at the end of the term hereof. Furniture and movable trade fixtures, which are installed by Tenant at its expense, except for those referred to above, shall remain its property and may be removed at any time, prior to the termination of the Term provided Tenant is not then in default and further provided Tenant promptly repairs any damage caused by such removal. Any such trade fixtures which Tenant has the right to remove under the foregoing provisions, or personal property belonging to Tenant or to any invitee, assignee or subtenant, if not removed prior to such termination, shall be deemed abandoned and if Landlord so elects become the property of Landlord without any payment or offset therefor. If Landlord shall not so elect, Landlord may remove any fixtures or property from the Premises and store them at Tenant's sole risk and expense or dispose of them in any manner including the sale, scrapping or destruction thereof and to the extent permitted by law Tenant waives all Applicable Lawsclaims against Landlord therefor. Tenant shall be responsible for obtaining repair and complying with the terms restore, and provisions of save Landlord forever harmless from any permits or approvals required in connection with any alterations or additions and all damage to the Premises constructed caused by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenantremoval, whether in connection with any alterations by Tenant or additions to the Premises or otherwiseby Landlord.
Appears in 1 contract
Samples: Lease (Cavalier Homes Inc)
Alterations. The Tenant shall not make, or suffer to be made, any alterations or additions to the Premises, or any part thereof, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premisesalterations, Tenant shall submit to Landlord for Landlord=s review and approvaladditions, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but without the Landlord's prior written consent which shall not be obligated tounreasonably withheld or delayed. The Tenant, condition at is own expense, shall obtain all necessary permits and provide the Landlord with copies before beginning any work. All work shall be performed by contractors designated by the Landlord=s consent to any alterations or additions . All materials used shall be identical to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal original materials used to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to construct the Premises. In any caseThe Tenant, Tenant at its own expense, shall keep the Premises free from any liens arising out obtain a new certificate of occupancy or a certificate of approval, if necessary, upon completion of any work performed, material furnishedand shall thereafter provide the Landlord with a copy. At the end of the Term, or obligation incurred by upon the rightful termination of this Lease, based on written instructions from the Landlord, WHICH SHALL BE GIVEN BY THE LANDLORD WITH ITS CONSENT FOR SUCH ALTERATIONS, ADDITIONS, OR IMPROVEMENTS TO THE PREMISES, the Tenant, whether at its own expense, shall either: (a) leave any alterations, additions, or, improvements at the Premises, in connection with which case they shall be the property of the Landlord or (b) remove any alterations alterations, additions, or additions to improvements, and restore the Premises to their original condition, excluding normal wear and tear. The Tenant shall promptly notify the Landlord of any lien or otherwisemechanic's notice of intention filed by a third party in relation to work or materials for the Tenant's alterations, additions, or improvements. The Tenant, at its own expense, shall have any such lien or mechanic's notice of intention discharged within thirty (30) days from the date on which the Tenant receives notice of the filing.
Appears in 1 contract
Alterations. Tenant shall not makemake no material alterations, or suffer to be madeadditions, any alterations or additions to the Premises, or any part thereof, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Demised Premises deliver to Landlord all as-built plans and specifications therefor. Landlord maywithout the written consent of the Landlord, but which consent shall not be obligated to, condition unreasonably withheld. Tenant shall not be required to obtain Landlord=s 's consent to make any alterations alterations, additions or additions improvement to the Demised Premises costing $10,000 that are required by regulatory agencies in connection with Tenant's manufacture of biological and pharmaceutical care products, but Tenant shall give Landlord sufficient prior notice of such alterations, additions, or more upon Tenant=s delivery of a lien improvements to permit Landlord to make any regulatory notifications as may be required by law. All alterations, additions or improvements made with Landlord's written consent shall comply with all applicable governmental laws, ordinances, regulations, and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premisesother requirements. In any case, Tenant shall keep the Demised Premises free from and clear of any liens or encumbrances arising out of any work performed, material furnished, or obligation obligations incurred by or through Tenant. Any personal property, equipment, inventory, trade fixtures, appliances, and any other property customarily used by and paid for by Tenant in its business operations conducted on the Demised Premises, shall remain the property of Tenant, whether in connection with and may be installed or removed by Tenant at any alterations or additions time during the term of this Lease; provided, however, that Tenant, at the time of such removal, shall repair, at its expense, any damage to the Demised Premises caused by such removal. Upon the expiration or otherwise.termination of this Lease, Tenant shall remove all of the aforesaid property and shall repair, at its expense, any damage to the Demised Premises occasioned by such removal. Any other improvements of a permanent nature made to the Demised Premises, such as lighting, partitioning, and alterations to the facilities or systems, which at any time form a part of the Demised Premises, shall become a part thereof, and be surrendered therewith by Tenant upon the termination or expiration of this Lease, unless the Landlord shall require Tenant to remove any such improvements and/or alterations by giving Tenant ten (10) days written notice thereof prior to the expiration or termination date of this Lease in which event, Tenant, at its expense, shall promptly
Appears in 1 contract
Samples: Lease (Heska Corp)
Alterations. (a) Except as set forth in this Paragraph 8 or in Paragraph 12, Tenant shall not makemake any alterations, installations, changes, replacements, additions, or suffer to be made, any alterations improvements (structural or additions otherwise) (each an "Alteration") in or to the Premises, Premises or any part thereof, thereof without the prior written consent of the Landlord; provided, and however, that Landlord shall not unreasonably withhold, condition or delay its consent to any such additions to or alterations of the same which do not affect the structural, mechanical, electrical, hydraulic, plumbing, heating, ventilating or air conditioning systems serving either the Building or the Premises, except movable furniture and trade fixtures. All Alterations in the Premises (whether installed with or without Landlord's consent), shall become at once a part the election of Landlord remain in the Premises and be surrendered with the Premises at the expiration of this Lease without disturbance, molestation or injury; further provided, however, that any and all manufacturing items or other items of Tenant's personalty shall remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of the realty and belong to LandlordTerm. To Should Landlord elect that Alterations made by Tenant in the extent that Tenant shall desire to make any alterations Premises be removed upon expiration or additions to the Premisestermination of this Lease, Tenant shall submit cause same to be removed and to repair any damage caused thereby and restore the Premises at Tenant's sole cost and expense and Tenant shall reimburse Landlord for the cost of such removal together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same and to repair and restore as set forth above. Tenant shall similarly restore any damage resulting from its removal of its personal property.
(b) Landlord is delivering the Premises to Tenant in their "AS IS" condition, without any representation or warranty of any kind, express or implied, as to their condition and without any obligation to perform any work or to pay for any third party or Tenant to perform any work. By its execution of this Lease, Tenant acknowledges that it has inspected Building and the Land and that they are in condition satisfactory to Tenant.
(c) All of Tenant's work shall be done by contractors acceptable to Landlord for Landlord=s review and approvalin its reasonable discretion. Alterations by Tenant, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlordincluding any initial build-out, shall be constructed coordinated with any work being performed by Landlord. As further conditions to Landlord's approval of any proposed Alterations or additions by Tenant which are to be made by a contractor, Tenant shall cause the contractor(s) and subcontractor(s) to carry workmen's compensation insurance in a good statutory amounts, builder's risk insurance and workmanlike manner and of good and sufficient materials, in accordance comprehensive public liability insurance with the plans and specifications limits as approved by Landlord, and Tenant shall deliver to Landlord certificates of all such insurance. Tenant's work shall be performed in accordance with all Applicable Lawsa first-class and lien-free manner. Tenant shall not be Landlord's agent for purposes of this work and Tenant shall be solely responsible for obtaining and complying with the terms and provisions any mechanics' or materialmen's lien arising therefrom; Tenant shall pay, bond or otherwise release of record any permits or approvals required such lien within ten (10) days after receiving notice of its existence.
(d) relating to any work ordered by Tenant shall attach to Tenant's leasehold estate in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition encumber Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond 's interest in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisethe Building.
Appears in 1 contract
Alterations. Tenant Prior to the commencement of the term of this lease, the Lessor shall complete the following improvements ("Improvements") thereto, pursuant to plans and specifications which have been agreed to by the parties: (i) restrooms; (ii) drinking fountains; (iii) computer room; (iv) pay telephones; and (v) assisted entrance for accessibility by disabled persons. The Improvements shall be contracted for by Lessor, subject to the approval of Lessee. Promptly upon receipt of invoices for the Improvements, Lessor shall present the same to Lessee who shall reimburse Lessor for the cost thereof as additional rent. The Lessee shall clean and repair the floor of the Demised Premises to Lessee's satisfaction and at its expense, provided however that the Lessor shall 5 6 contribute $10,000.00 toward such cleaning and repair. Except as set forth above, Lessee shall make no alterations in, or additions or improvements to, said Demised Premises (structural or otherwise) without the written consent of Lessor first had and obtained, which consent shall not makebe unreasonably withheld. If any permitted alterations, additions or suffer improvements in or to be madesaid Demised Premises are made by Lessee, the Lessee covenants and agrees that Lessee will make all such alterations, additions or improvements in or to said Demised Premises at Lessee's own expense. If Lessee, its agents and employees, makes any alterations or additions improvements (whether or not authorized by Lessor), which cause the accessibility or other requirements of the ADA to be applicable to the PremisesDemised Premises or building in which the Demised Premises are located, Lessee agrees at Lessee's expense to pay for any modifications to the Demised Premises or building imposed by the ADA, or the rules and regulations issued thereunder. Any such permitted alterations, additions or improvements which are begun by Lessee shall be completed by Lessee. No alterations, additions or improvements shall be made which will weaken the structural strength of any part thereof, without the prior written consent of Landlord, and building at any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once time forming a part of the realty Demised Premises. Lessee shall, in making any such alterations, additions or improvements, and/or in using and/or occupying the Demised Premises, comply with all applicable laws and belong ordinances pertaining to Landlordsuch work and/or such use or occupancy. To the extent that Tenant shall desire to make any Any additions, alterations or additions improvements made by Lessee shall become and remain a part of the Demised Premises, and be and remain the property of Lessor upon the termination of this lease or Lessee's occupancy of the Demised Premises. Notwithstanding the above, the Lessor may, by giving written notice to the Lessee, require Lessee to restore the Demised Premises to the same condition they were in at the commencement of the lease. In any event, Lessee shall have the right to remove all Lessee's trade fixtures, furnishings and other personal property in the Demised Premises which have been placed there by Lessee, even though the same be attached to said Demised Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for upon the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with condition that the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion removal of any such alterations or improvements to annexation shall be effected before the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) expiration of the estimated cost term of this lease, and that all damage caused to said Demised Premises by such removal shall be repaired by Lessee on or before the proposed alterations expiration of said term. Lessee shall indemnify and save harmless Lessor from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of such repairs, alterations, improvements, additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseremovals.
Appears in 1 contract
Alterations. Tenant will not, without Landlord's prior written consent, make alterations, additions or improvements in or about the Premises and will not do anything to or on the Premises which will increase the rate of fire insurance on the Building. Landlord's consent to such alterations, additions or improvements shall not makebe unreasonably withheld or delayed, but may be conditioned, for example, upon Tenant's removal of the proposed alteration, addition or suffer improvement upon the termination or expiration of this Lease, at Tenant's sole cost and expense and Tenant's obligation to be maderepair any damage to the Building or the Premises caused by said removal. It is expressly understood and agreed that, any alterations or additions other than the Tenant Buildout, Landlord is not requiring Tenant to make such improvements to the Premises, or any part thereofand Landlord and Tenant agree that no improvements by Tenant shall be deemed "Improvements," within the meaning of the Florida Construction Lien Law. All contractors, without the prior written consent of Landlordsubcontractors, mechanics, laborers, materialmen, and others who perform any work, labor or services, or furnish any materials, or otherwise participate in the improvement of the Premises shall be and are hereby given notice that Tenant is not authorized to subject Landlord's interest in the Building or the Property to any claim for construction, mechanics', laborers' and materialmen's liens, and all persons dealing directly or indirectly with Tenant may not look to the Premises as security for payment. Landlord has recorded a notice of the foregoing in the Public Records of Palm Beach County, Florida, pursuant to the provisions of Section 713.10, Florida Statutes. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making of any such additions additions, improvements, alterations and/or installations by Tenant. Tenant shall with regard to all improvements and alterations made to or alterations of about the Premises, except movable furniture excluding the Tenant Buildout, comply with the building codes, regulations and trade fixtureslaws now or hereafter to be made or enforced in the municipality, county and/or state which have jurisdiction over such work. All alterations, additions or improvements of a permanent nature made or installed by Tenant to the Premises shall become the property of Landlord at once a part the expiration of this Lease. Prior to making any alterations, including the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the PremisesBuildout, Tenant (i) shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed alteration drawn in compliance with all applicable codes, ordinances and laws and shall not commence any such alteration without first obtaining Landlord's written approval of such plans and specifications, it being understood that Landlord's approval of such plans and specifications shall not be deemed a warranty or representation by Landlord that the proposed plans and specifications for such Tenant Buildout and alterations comply with applicable codes, ordinances and laws, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any government or additions. Any quasi-governmental bodies and, for all such alterations or additions approved by Landlord other than the Tenant Buildout which shall be constructed by a contractor selected by Tenant but approved supervised by Landlord, shall be constructed ensure that all work is performed in a good and workmanlike manner and of good and sufficient materials, in strict accordance with the plans and specifications approved by Landlord, and in accordance with (iii) shall furnish to Landlord evidence of insurance for worker's compensation (covering all Applicable Laws. Tenant shall persons to be responsible for obtaining employed by Tenant, and complying with the terms Tenant's contractors and provisions of any permits or approvals required subcontractors in connection with any alterations or additions to the Premises constructed by Tenantsuch alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may require, naming Landlord and its agents as additional insureds. Tenant shall, promptly upon Upon completion of any such alteration other than Tenant Buildout, Tenant, at Tenant's expense, and with respect to Tenant Buildout, Landlord, at Tenant's expense, shall obtain certificates of final approval of such alteration required by any governmental or quasi-governmental bodies, if applicable, and shall furnish Landlord or Tenant, as the case may be, with copies thereof. All alterations or improvements shall be constructed in a good, workmanlike manner and strictly conform to the Premises deliver to Landlord all as-built plans and specifications thereforapproved by Landlord; shall be of a quality that equals or exceeds the then current standard for the Building; all materials and equipment to be incorporated in the Premises as a result of all alterations shall be new and first quality; and no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except as provided in Paragraph 11F hereof. Landlord, at its option, may require Tenant to remove any additions installed by Tenant and/or repair any alterations made by Tenant to the Premises, at Tenant's sole cost and expense, if such physical additions and/or alteration (i) were not pre-approved by Landlord in accordance with the provisions of this Subparagraph B; or (ii) the contractor performing such work was not approved of by Landlord in accordance with the provisions of Subparagraph 7D below; or (iii) with respect to alterations other than the Tenant Buildout, the quality of workmanship and/or quality of materials utilized in connection with such work do not comply with the standards set forth in this Subparagraph B; or (iv) with respect to such alterations other than the Tenant Buildout such work was not performed substantially in accordance with the plans and specifications approved by Landlord. If Landlord elects to require that Tenant remove any such additions or repair any such alterations in accordance with the prior paragraph, Tenant shall do so within thirty (30) days of the date Landlord gives Tenant Notice of Landlord's election. If Tenant fails to correct such matters within said thirty (30) day period, Landlord, may, but shall not be obligated to, condition Landlord=s consent to any remove such additions and/or repair such alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty Tenant shall reimburse Landlord for all costs therefor, plus fifteen percent (15015%) of to reimburse Landlord for its overhead and construction management services associated therewith. Tenant shall not, at any time prior to or during the estimated cost of Term, directly or indirectly employ, or permit the proposed alterations employment of, any contractor, mechanic or additions to laborer in the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises alteration or otherwise, if such employment will unreasonably interfere or cause any material conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant or others. In the event of any such unreasonable interference or material conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately. All alterations to which Landlord has consented shall be at Tenant's sole cost and expense, unless such alterations are Tenant Buildout for which a Buildout Allowance (defined below) shall be paid.
Appears in 1 contract
Samples: Office Lease Agreement (Capital Factors Holdings Inc)
Alterations. Tenant shall not makemake any improvements, alterations, additions or suffer installations in or to the Premises (hereinafter referred to as the "Work") without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Along with any request for Landlord's consent and before commencement of the Work or delivery of any materials to be made, any alterations or additions used in the Work to the PremisesPremises or into the Facility, or any part thereofTenant shall furnish Landlord with plans and specifications, without the prior written consent names and addresses of contractors, copies of contracts, necessary permits and licenses, and except when Landlord, its agent or affiliate is contractor, an indemnification in such form and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong amount as may be reasonably satisfactory to Landlord. To the extent Tenant agree to defend and hold Landlord harmless from any and all claims and liabilities of any kind and description that may arise out of or be connected in any way with said improvements, alterations, additions or installations. All work done by Tenant, its agents, employees, or contractors shall be done in such a manner as to avoid labor disputes. Tenant shall desire to make any alterations pay the cost of all such improvements, alterations, additions or installations, and also the cost of painting, restoring, or repairing the Premises and the Facility occasioned by such improvements, alterations, additions to or installations. Upon completion of the PremisesWork, Tenant shall submit to furnish Landlord for Landlord=s review with contractor's sworn affidavits and approvalfull and final waivers of liens, detailed plans or receipted bills covering all labor and specifications for the proposed alterations or additionsmaterials expended and used. Any such alterations or additions approved by Landlord The Work shall be constructed by a contractor selected by Tenant but approved by Landlordcomply with all insurance requirements and all laws, ordinances, rules and regulations of all governmental authorities and shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Lawsmanner. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required permit Landlord to inspect construction operations in connection with any alterations or additions to the Premises constructed by TenantWork. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated toallowed, condition without Landlord=s consent 's reasonable approval, to any alterations perform such Work if such action results or additions to the Premises costing $10,000 would result in a labor dispute or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) otherwise would materially interfere with Landlord's operation of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseFacility.
Appears in 1 contract
Samples: Lease (Fourth Shift Corp)
Alterations. Tenant Lessee shall not makemake any alterations, additions, improvements or suffer to be made, any alterations other changes (including remodeling) in or additions to the PremisesLeased Premises or attach, affix or build therein any part thereof, structural improvement or installation that requires a construction or building permit without the Lessor's prior written consent in each and every instance, which will not be unreasonably withheld or delayed. Before any such work is done or any materials therefor are delivered to the Leased Premises, Lessee shall provide Lessor, at Lessee's expense, with plans, specifications, names of Landlordcontractors, copies of contracts and necessary permits; shall undertake and complete such work in compliance with all applicable governmental laws, ordinances, and any such additions regulations and pursuant to all necessary permits, and shall submit the work to Lessor's reasonable supervision. Lessee shall have the right, without seeking Landlord's approval, to remodel or alterations alter the interior of the buildings provided that it does not require a construction or building permit. All permitted permanent additions, installations, alterations, fixtures (excluding trade tools, equipment, and machines) and improvements in and upon the Leased Premises, except movable furniture and trade fixtureswhether installed by Lessee or Lessor, shall become at once a part Lessor's property, and shall remain upon, and be surrendered with, the Leased Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Lessee. Lessee shall have the realty and belong right to Landlord. To place in the extent that Tenant shall desire to make any alterations or additions to the Leased Premises, Tenant shall submit at such locations therein as Lessee may from time to Landlord for Landlord=s review time determine, Lessee's furniture, standard equipment, and approval, detailed plans trade fixtures and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord personal property shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and remain the property of good and sufficient materials, in accordance with the plans and specifications approved by LandlordLessee, and provided Lessee is not in accordance with all Applicable Laws. Tenant shall default hereunder, may be responsible for obtaining and complying with removed by Lessee at any time during the terms and provisions term of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisethis Lease.
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Alterations. Tenant a. Sublessee shall not makemake no structural alterations, additions or suffer to be made, any alterations improvements in or additions to the Premises, or any part thereof, Leased Premises without the Sublessor’s prior written consent of Landlordwhich consent shall not be unreasonably withheld, conditioned or delayed. In the event that Sublessee makes any alterations, additions or improvements, they shall be made at Sublessee’s sole expenses, and Sublessee shall, before making any such installations, alterations, additions or improvements, obtain all permits, approvals and certificates required by any governmental body or agency, and certificates of final approval thereof, and shall deliver promptly duplicates of all such permits, approvals and certificates to Sublessor. Sublessee agrees to carry, such workers’ compensations, general liability, personal and property damage insurance as Sublessor may require subject to Paragraph 13 below. Sublessee shall compensate Sublessor for Sublessor‘s reasonable out of pocket expenses in reviewing any plans and/or specifications for any proposed alteration, addition, or alterations improvement, whether or not Sublessor consents to the making of same if Sublessor’s consent is required. Sublessee shall have the right, at any time and from time to time during the term of this Sublease Agreement, without notice to Sublessor and without the obligation to obtain Sublessor’s consent or approval, or the consent or approval of the PremisesAgency, except movable furniture and trade fixturesthe Bondholder or any other third party, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or non-structural alterations, additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Leased Premises deliver so long as the same does not (i) damage the basic structure ‘_of the building or (ii) materially decrease the value of the Leased Premises as a whole.
b. Sublessee has no authority or power to Landlord all as-built plans cause or permit any lien or encumbrance, whether created by act of Sublessee, operation of law or otherwise, to be attached to or be placed upon the Leased Premises. Any lien or claim of lien filed against the Lease Premises for work claimed to have been done for, or for materials claimed to have been furnished to, shall, within twenty (20) days thereafter, be discharged by Sublessee, or, at the discretion of Sublessee, be bonded pursuant to [the New York Lien Law, at Sublessee’s expense (but only if permitted by Mgrtgage the “Security Documents and specifications thereforany other mortgage which may encumber the Property). Landlord If Sublessee fails to discharge (or, if permitted, bond) any such liens, then Sublessor may, but at its option, bond or discharge such lien, and the costs incurred by it in such discharge or bonding shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien due from Sublessee on demand and completion bond in an amount equal to one hundred fifty percent shall bear interest at ten Percent (15010%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseper annum.
Appears in 1 contract
Alterations. Tenant Additions and Improvements Lessee shall not makemake any alterations, additions, or suffer to be made, any alterations improvements on or additions to the Premises, or any part thereof, premises without first obtaining the prior written consent of LandlordLessor, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but which consent shall not be obligated tounreasonably withheld. Any work, condition Landlord=s consent performed by Lessee shall be at Lessee's expense, and Lessee shall use contractors or mechanics first approved by Lessor, which approval shall not be unreasonably withheld. All fixtures and all paneling, partitions, railing and like installations, installed in the premises at any time by Lessee shall, upon installation, become the property of Lessor and shall remain upon and be surrendered with the leased premises unless Lessor, by notice to any alterations or additions Lessee no later than twenty days prior to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) date fixed as the termination of the estimated cost Lease, elects to relinquish Lessor's rights thereto and to have them removed by Lessee, in which event, the same shall be removed from the premises by Lessee on or before the expiration of the proposed alterations Lease, at Lessee's expense. Nothing contained in this provision shall prevent Lessee from removing all office furniture or machines, equipment, and trade fixtures customarily used in the business of the Lessee. Notwithstanding the foregoing, at the expiration of the term of this Lease, any alterations, additions or improvements shall be removed at Lessee's expense, if so requested by Lessor, and Lessee shall repair and restore any damage to the Premisesleased premises or the building due to such removal. In Lessee agrees that all work performed under this Article 12 shall be in compliance with all applicable laws, including all applicable laws, regulations, and codes of the City of Norwalk and any case, Tenant shall keep other governmental entity with jurisdiction over the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisepremises.
Appears in 1 contract
Alterations. (a) Except as set forth in this Paragraph 8 or in Paragraph 12, Tenant shall not makemake any alterations, installations, changes, replacements, additions, or suffer to be made, any alterations improvements (structural or additions otherwise) (each an "Alteration") in or to the Premises, Premises or any part thereof, thereof without the prior written consent of the Landlord; provided, and however, that Landlord shall not unreasonably withhold, condition or delay its consent to any such additions to or alterations of the same which do not affect the structural, mechanical, electrical, hydraulic, plumbing, heating, ventilating or air conditioning systems serving either the Building or the Premises, except movable furniture and trade fixtures. All Alterations in the Premises (whether installed with or without Landlord's consent), shall become at once a part the election of Landlord remain in the Premises and be surrendered with the Premises at the expiration of this Lease without disturbance, molestation or injury; further provided, however, that any and all manufacturing items or other items of Tenant's personalty shall remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of the realty and belong to LandlordTerm. To Should Landlord elect that Alterations made by Tenant in the extent that Tenant shall desire to make any alterations Premises be removed upon expiration or additions to the Premisestermination of this Lease, Tenant shall submit cause same to be removed and to repair any damage caused thereby and restore the Premises at Tenant's sole cost and expense and Tenant shall reimburse Landlord for the cost of such removal together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same and to repair and restore as set forth above. Tenant shall similarly restore any damage resulting from its removal of its personal property.
(b) Landlord is delivering the Premises to Tenant in its "AS IS" condition, without any representation or warranty of any kind, express or implied, as to its condition and without any obligation to perform any work or to pay for any third party or Tenant to perform any work. By its execution of this Lease, Tenant acknowledges that it has inspected Building and the Land and that they are in condition satisfactory to Tenant.
(c) All of Tenant's work shall be done by contractors acceptable to Landlord for Landlord=s review and approvalin its reasonable discretion. Alterations by Tenant, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlordincluding any initial build-out, shall be constructed coordinated with any work being performed by Landlord. As further conditions to Landlord's approval of any proposed Alterations or additions by Tenant which are to be made by a contractor, Tenant shall cause the contractor(s) and subcontractor(s) to carry workmen's compensation insurance in a good statutory amounts, builder's risk insurance and workmanlike manner and of good and sufficient materials, in accordance comprehensive public liability insurance with the plans and specifications limits as approved by Landlord, and Tenant shall deliver to Landlord certificates of all such insurance. Tenant's work shall be performed in accordance with all Applicable Lawsa first-class and lien-free manner. Tenant shall not be Landlord's agent for purposes of this work and Tenant shall be solely responsible for obtaining and complying with the terms and provisions any mechanics' or materialmen's lien arising therefrom; Tenant shall pay, bond or otherwise release of record any permits such lien within ten (10) days after receiving notice of its existence.
(d) Tenant shall promptly pay for any work done or approvals required material furnished in connection with any alterations or additions to about the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent permit or suffer any lien to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions attach to the Premises. In any case, and Tenant shall keep the Premises free indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which may be incurred by Landlord with respect to any such lien or claim of lien. Tenant shall promptly cause any such liens arising out which have arisen by reason of any work performedclaimed to have been undertaken by or through Tenant to be released by payment, material furnishedbond or otherwise within thirty (30) days after request by Landlord. Tenant shall have no authority or power, express or implied, to create or cause any lien, charge, or obligation incurred by Tenant, whether in connection with encumbrance of any alterations or additions to kind against the Premises or otherwisethe Building. Tenant shall notify all of its contractors and materialmen in writing that any liens relating to any work ordered by Tenant shall attach to Tenant's leasehold estate in the Premises and shall not encumber Landlord's interest in the Premises or the Building.
Appears in 1 contract
Alterations. Tenant Any alterations, improvements, additions or fixtures ----------- affixed to the Premises that may be made or installed upon the Premises by either the Lessor or the Lessee, with the prior written consent of Lessor, shall not makebecome and remain the property of the Lessor, and, at the termination of this lease, shall remain upon and be surrendered with the Premises as a part thereof, without disturbance, molestation or suffer injury, except that if Lessor so notifies Lessee, Lessee shall promptly remove such alterations, improvements and additions as Lessor shall specify and repair any damage to be made, any the Premises caused by such removal. If the Lessor consents to such alterations or additions to additions, before the commencement of the work or delivery of any materials onto the Premises, the Lessee shall furnish the Lessor with plans and specifications, names and addresses of contractors and all subcontractors and suppliers, copies of proposed contracts, necessary permits, and indemnification in form and amount reasonably satisfactory to Lessor and waivers of lien against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Lessee shall not execute any part thereof, contracts or agree orally with any contractor to perform any alterations to the Premises without the prior written consent of Landlord, Lessor. Any contracts between Lessee and any such additions to or alterations of contractors shall provide that the Premises, except movable furniture and trade fixtures, shall become at once a part of contractor acknowledges that the realty and belong to Landlord. To the extent that Tenant shall desire to make Lessor is not responsible for any alterations or additions payments to the Premisescontractor and the contractor shall hold the Lessor harmless against any liens or claims for Liens and any damages or expenses to which the Lessor may be subjected as a result thereof, Tenant shall submit to Landlord for Landlord=s review including reasonable attorney's fees. All additions and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed installed in a good and workmanlike manner and of good and sufficient materialsonly new, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant high grade materials shall be responsible for obtaining used. Whether the Lessee furnishes the Lessor the foregoing or not, the Lessee hereby agrees to hold the Lessor, its agents, representatives and complying beneficiary harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with the terms and provisions of said alterations or additions. Before commencing any permits or approvals required work in connection with alterations or additions, the Lessee shall furnish the Lessor with certificates of insurance from all contractors performing labor or furnishing materials insuring the Lessor, its agents, representatives and beneficiary against any and all liabilities which may arise out of or be connected in any way with such work. Upon completion of any alterations or additions, the Lessee shall furnish the Lessor with contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations and additions to shall compl6y with all insurance requirements and with all ordinances and regulations of the Premises constructed by Tenant. Tenant shall, promptly upon completion Village of Oak Park and the State of Illinois or of any such alterations department or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseagency thereof.
Appears in 1 contract
Alterations. Tenant shall not make, or suffer to be made, any alterations or additions to the Premises, or any part thereof, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s 's review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s 's consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s 's delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwise.
Appears in 1 contract
Samples: Lease Agreement (Emeritus Corp\wa\)
Alterations. (a) Tenant shall not makemake no alterations or improvements in or to the Premises without Landlord's prior written consent, and then only by contractors approved in writing by Landlord. All such work shall be done at such times and in such manner as Landlord may designate. All such work shall be performed in full compliance with all laws and all rules and regulations of all governmental agencies having jurisdiction, and in full compliance with the rules and requirements of any board of fire underwriters and any similar body. Before commencing any work, Tenant shall give Landlord at least five (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 labor and materials payment bond, satisfactory to Landlord, for said work. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, or suffer materials claimed to have been furnished to Tenant, will be madedischarged by Tenant, any by bond or otherwise, within ten (10) days after the filing thereof, at the cost and expense of Tenant. All alterations or additions to improvements upon the Premisespremises, or any part thereofmade by either party, including (without limiting the prior written consent generality of the foregoing) all wall covering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and any such additions to or alterations of shall remain upon, and be surrendered with the Premises, except movable furniture and trade fixturesas part thereof, shall become at once a part the end of the realty and belong to Landlord. To the extent term hereof, except that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated toby written notice to Tenant, condition Landlord=s consent to any alterations or additions given at least thirty (30) days prior to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) end of the estimated cost of term, require Tenant to forthwith remove all partitions, counters, railings and the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred like installed by Tenant, whether in connection with any alterations or additions and Tenant shall repair or, at Landlord's option, shall pay to the Premises or otherwiseLandlord all costs arising from such removal.
Appears in 1 contract
Alterations. Tenant shall not make, make or suffer to be made, any alterations ----------- alterations, additions or additions improvements ("Alterations") in, on or to the Premises, Premises or any part thereof, without the prior written consent of Landlord, ; and any such additions alteration, addition, or improvement in, on or to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once become a part of the Building and appurtenant realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations alteration, addition or additions approved improvement by Landlord Tenant, shall be constructed by a made at Tenant's sole cost and expense, and any contractor or person selected by Tenant but to make the same must first be approved in writing by Landlord. All of the foregoing, together with all repairs required to be made by Tenant, shall be constructed made in a good and workmanlike manner and in compliance with all governmental requirements and rating bureau recommendations, and shall be performed by competent workmen whose labor union affiliates are not incompatible with those of good and sufficient materialsany workmen who may be employed in the Building by Landlord its contractors or subcontractors. Tenant shall obtain all necessary permits from governmental authorities. Tenant agrees not to create, incur, impose, or permit, or suffer to exist any lien or other obligation against the Premises or Landlord (or shall provide adequate security or bond, in accordance with the plans and specifications approved by a manner satisfactory to Landlord, and use due diligence to contest any such lien or other obligation in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions good faith) by reason of any permits alteration or approvals improvement or any repair or decoration permitted or required in connection with to be made by Tenant pursuant to this Lease, and Tenant agrees to hold Landlord harmless from and against any alterations and all claims and demands by contractors or additions to other third persons against the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements Landlord relating to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any such alteration, improvement, repair or decoration. This Paragraph 10 shall apply to any work performedperformed by Tenant in making the Premises initially ready for use and occupancy. Notwithstanding the foregoing to the contrary, material furnishedif the Alterations (i) are of a cosmetic nature such as painting, or obligation incurred by Tenantwallpapering, whether in connection with any alterations or additions to hanging pictures, millwork and carpeting, (ii) are not visible from the exterior of the Premises or otherwisethe Building and (iii) do not affect the systems or the structural elements of the Building, then such no consent shall be required; provided that even if Landlord's consent to an Alteration is not required, Tenant shall still comply with this Section.
Appears in 1 contract
Samples: Office Lease (SPR Inc)
Alterations. Tenant 12.01 LESSEE shall not makedo or permit others under its control to do any work on the LEASED PREMISES related to any repair, rebuilding, alteration of or suffer to be made, any alterations or additions addition to the Premises, or any part thereof, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a improvements constituting part of the realty LEASED PREMISES unless (1) LESSEE shall have first procured and belong to Landlordpaid for all requisite municipal and other governmental permits and authorizations and (2) except for alterations which cost less than $25,000 and do not affect the structure of the LEASED PREMISES, shall have first procured LESSOR's prior written consent, which consent shall not be unreasonably withheld. To the extent that Tenant shall desire to make any alterations or additions If LESSOR consents to the Premisesdoing of any such work on the LEASED PREMISES, Tenant LESSOR shall submit to Landlord for Landlord=s review join in the application of any such permit or authorization whenever required, but LESSEE shall indemnify and approval, detailed plans hold LESSOR harmless against and specifications for the proposed alterations or additionsfrom all costs and expenses which may be thereby incurred by LESSOR. Any All such alterations or additions approved by Landlord work shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed done in a good and workmanlike manner and of good in compliance with all applicable building, zoning and sufficient materialsother laws, ordinances, governmental regulations and requirements and in accordance with the plans reasonable requirements, rules and specifications approved regulations of all insurers under the policies required to be carried by Landlordthe provisions of this LEASE.
12.02 If the LEASED PREMISES or any part thereof or LESSEE's interest therein shall at any time during the LEASE TERM become subject to any vendor's, mechanic's, laborer's, materialman's or other similar lien based upon furnishing of materials or labor to the LEASED PREMISES or to LESSEE and not contracted for by LESSOR, LESSEE shall cause the same to be discharged at its sole cost and expense within thirty (30) calendar days after LESSEE shall have actual notice of the existence thereof, unless such lien and the claim occasioning it are contested or litigated in good faith by LESSEE and LESSEE shall first have posted a bond sufficient to insure that, upon final determination of the validity of such lien or claim, LESSEE shall then immediately pay any final judgment rendered against it, with all related costs and charges, and shall have such lien or claim released without cost to LESSOR.
12.03 Nothing contained in accordance with all Applicable Laws. Tenant this LEASE shall be responsible for obtaining construed to prohibit LESSOR from making, and complying with LESSOR shall be entitled to enter upon the terms LEASED PREMISES and provisions of any permits or approvals required in connection with make, any alterations of or additions to the Premises constructed by Tenant. Tenant shallimprovements that constitute part of the LEASED PREMISES, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any which alterations or additions seem desirable or necessary to LESSOR in its sole discretion, provided that no such alteration or addition, nor the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) making of the estimated cost same, shall materially interfere with LESSEE's use of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseLEASED PREMISES.
Appears in 1 contract
Samples: Lease Agreement (Fti Consulting Inc)
Alterations. Tenant shall not make, or suffer to be made, make any alterations or additions to the Premises, or to the Project, including any part thereofchanges to the existing landscaping, without the Landlord's prior written consent consent. Landlord's approval of Landlordany plans, specifications or working drawings shall not be construed as an acceptance or approval of, and any such additions to shall create no responsibility or alterations of liability on the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty Landlord for, the completeness, design or compliance with any federal, state or local laws, rules and belong regulations, including the Americans With Disabilities Act. If Landlord gives its consent for such alterations, Landlord may post notices in accordance with the laws of the state in which the premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within 30 days before or 30 days 13 14 after expiration of the term, elect to Landlordrequire Tenant to remove any alterations which Tenant may have made to the Premises. To the extent that If Landlord so elects, at its own cost Tenant shall desire restore the Premises to make any alterations the condition designated by Landlord in its election, before the last day of the term or additions within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions contract with a contractor approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlordfor the construction of such alterations, shall be constructed secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in a good and workmanlike manner and of good and sufficient materials, in accordance compliance with the plans and specifications approved by Landlord, and . All such construction shall be performed in accordance a manner which will not interfere with all Applicable Lawsthe quiet enjoyment of other tenants of the Project. Tenant shall be responsible pay all costs for obtaining such construction and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises and the Project free and clear of all mechanics' liens which may result from any liens arising out of any work performed, material furnished, or obligation incurred construction by Tenant, whether in connection with any alterations or additions to the Premises or otherwise.
Appears in 1 contract
Alterations. Tenant shall will not makemake any alterations, repairs, additions or improvements in or to the Premises (for purposes of this Article 12, any of the foregoing being referred to as the “Work”) or add, disturb or in any way change any plumbing, wiring, life/safety or mechanical systems, locks, or suffer to be made, any alterations or additions to structural portions of the Premises, or any part thereof, Building without the prior written consent of Landlordthe Landlord as to the character of the Work, the manner of doing the Work, and any the contractor(s) doing the Work. Such consent shall not be unreasonably withheld or delayed, if such additions Work is required of Tenant or is the obligation of Tenant pursuant to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once this Lease Agreement. As a part of the realty and belong condition to Landlord’s consent to Work proposed by Tenant, Landlord may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish surety performance and/or payment bonds or other security for the payment of all costs incurred in connection with such Work, insurance against liabilities that may arise out of such Work, plans and specifications approved by Landlord and permits necessary for such Work. To the extent that Tenant shall desire to make any alterations or additions to the PremisesIf such Work is performed by contractor(s) not retained by Landlord, Tenant shall submit upon completion of such Work, (i) deliver to Landlord evidence that payment for Landlord=s review all such Work has been made by Tenant, contractors’ affidavits and approvalfull and final mechanic’s lien waivers and (ii) pay to Landlord a construction supervision fee of five percent (5%) of the total cost of such Work, detailed plans and specifications but in no event less than $500.00 to reimburse Landlord for the proposed alterations or additionscosts incurred by its construction manager in inspecting and supervising such Work. Any All such alterations or additions approved by Landlord Work shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed done in a good and workmanlike manner using quality materials and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance shall comply with all Applicable Lawsapplicable governmental laws, ordinances, rules and regulations. Tenant shall be responsible for obtaining agrees to indemnify and complying with the terms hold Landlord free and harmless from any liability, loss, cost, damage or expense (including attorney’s fees) by reason of any of such Work. The provisions of any permits or approvals required in connection with any alterations or additions Article 27 of this Lease Agreement shall apply to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseWork performed under this Article 12.
Appears in 1 contract
Alterations. Tenant shall not makemake any alterations, additions, or suffer other improvement in or to be made, the Leased Premises or install any equipment of any kind that shall require any alterations or additions to or affect the Premisesuse of the Project's water system, heating system, plumbing system, air -conditioning system, electrical system or other mechanical system, or install any part thereoftelephone antennae on the roof, in the windows, or upon the exterior of the Project without the prior written consent of Landlord, and . If any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premisesare made by Tenant without Landlord's consent, Landlord may correct or remove them and Tenant shall submit to be liable for any and all costs and expenses incurred by Landlord for Landlord=s review and approval, detailed in the connection 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 its review. Tenant or Tenant's contractor used to complete such alteration or addition must evidence insurance coverage to include (a) Worker's Compensation Coverage and (b) Comprehensive General Liability and Property Damage insurance in the proposed alterations or additionsamount of not less than One Million Dollars ($1,000,000.00) in the aggregate. Any All work with respect to such alterations or and additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed done in a good and workmanlike manner and of good and sufficient materials, in accordance with diligently prosecuted to completion to the plans and specifications approved by Landlord, and in accordance with end that Leased Premises shall at all Applicable Lawstimes be a complete unit except during the period necessarily required for such work. Tenant shall not permit a mechanic's lien(s) to be responsible for obtaining and complying with placed upon the terms and provisions Leased Premises or the Project as a result of any permits or approvals required in connection with any alterations or additions improvements made by it and agrees, if any such lien be perfected on account of the act of Tenant, promptly to pay the Premises constructed by Tenantsame. If Tenant fails to discharge such lien within fifteen (15) days of its perfection, then, in addition to any other right or remedy of Landlord, landlord may, at its election, discharge the lien. Tenant shall, promptly upon completion shall pay on demand any amount paid by Landlord for the discharge or satisfaction of any such alterations lien, and all attorneys' fees and other costs and expenses of Landlord incurred in defending any such action or improvements in obtaining the discharge of such action or in obtaining the discharge of such lien, together with all necessary disbursements in connection therewith. Tenant hereby expressly recognizes that in no event shall it be deemed the agent of Landlord and no contractor of Tenant shall by virtue of its contract be entitled to assert any lien against the Leased Premises deliver to Landlord all as-built plans and specifications thereforor Project. Landlord may, but shall not be obligated to, condition Landlord=s consent to any All alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of shall become a lien and completion bond in an amount equal to one hundred fifty percent (150%) part of the estimated cost realty and surrendered to Landlord upon the expiration or termination of this Lease, unless Landlord shall at the proposed alterations time of its approval of such work require removal or additions to restoration on the Premises. In any case, part of Tenant shall keep the Premises free from any liens arising out as a condition of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisesuch approval.
Appears in 1 contract
Alterations. Tenant shall not make, or suffer a) Prior to be made, beginning construction of any alterations or additions to improvements on the Premises, or any part thereof, without the prior written consent of Landlord, and alteration or addition to any such additions to or alterations of existing Improvements on the Premises, except movable furniture and trade fixtures, shall become at once a part the cost of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premiseswhich exceeds $50,000, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations such construction to Landlord for approval, which approval shall not be unreasonably withheld or additionsdelayed. Any such alterations Landlord does not and will not make any covenant or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlordwarranty, shall be constructed in a good and workmanlike manner and of good and sufficient materialsexpress or implied, in accordance with the that any plans and specifications approved submitted by LandlordTenant are accurate, complete or in any way suited for the intended purpose. Tenant shall indemnify, protect, and hold Landlord harmless from any claims, liabilities, damages, losses, or expenses arising by virtue of or relating to construction work engaged in, by or for Tenant on the Premises. Tenant shall timely and regularly pay any and all amounts properly payable to third parties with respect to such work and will maintain its books and records with respect to all aspects of such work and material therefor, and will make them available for inspection by Landlord upon request.
b) All such work so done by Tenant shall be done in accordance with all Applicable Lawslaws, ordinances and rules and regulations of any federal, state, county, municipal or other public authority and/or Board of Fire Underwriters. Tenant In the event any liens of mechanics, materialmen, laborers, architects, artisans, contractors, subcontractors or any other lien of any kind whatsoever shall be responsible for obtaining and complying with created against or imposed upon the terms and provisions Premises or the Improvements, such claims or liens of any permits kind whatsoever shall be asserted or approvals required filed by any persons, firms or corporations performing labor or furnishing material in connection with any alterations such work, Tenant shall pay off or additions cause the same to be discharged of record (by bonding or otherwise) within thirty (30) days of notification thereof.
c) Tenant acknowledges and agrees that a material condition to the Premises constructed granting of approval by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent under Section 11(a) to any alterations and/or improvements required under this Lease or additions to desired by Tenant is that the contractors who perform such work shall carry a comprehensive liability policy naming Landlord as an additional insured thereon covering both bodily injury, on a per person and aggregate basis, and property damages in such amount, as Landlord in its commercially reasonable discretion may determine necessary or desirable and consistent with reasonable practices in the area in which the Premises costing $10,000 or more upon are located, at Tenant=s delivery of a lien ’s expense; provided, however, that Landlord LEGAL28306451.1 shall have the right to require Tenant to increase such amounts from time to time as Landlord in its commercially reasonable judgment may determine necessary and completion bond consistent with reasonable practices for similar properties in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep area in which the Premises free are located. Landlord may require proof of such insurance coverage from any liens arising out each contractor at the time of any work performed, material furnished, or obligation incurred by submission of Tenant, whether in connection with any alterations or additions ’s request for Landlord’s consent to the Premises or otherwisecommence work.
Appears in 1 contract
Alterations. Tenant USER shall not makemake any permanent alterations, additions or improvements (painting, building walls or structures, constructing improvements that would damage the Authorized Area upon removal of such improvements, installation of landscaping, etc.) to the Authorized Area or maintain signs or banners without, in each case, obtaining the consent of COUNTY. If any Alterations, additions, or suffer to be made, any alterations improvements in or additions to the PremisesAuthorized Area are made necessary by reason of the use of the Authorized Area by USER and, provided that COUNTY grants its prior permission to USER regarding such alterations, additions or improvements, USER agrees that it will make all such alterations, additions, and improvements in or to the Authorized Area at its own expense and in compliance with all building codes, ordinances, and governmental regulations pertaining to such work, use, or any part thereof, without the prior written consent of Landlord, occupancy and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans requirements of COUNTY and specifications approved by Landlordits Facilities Department. In accordance with indemnification provision set out herein, USER agrees that it will hold COUNTY harmless against all expenses, liens, claims, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of damages to either property or person that may or might arise because any permits repairs, alterations, additions, or approvals required in connection with any alterations or additions improvements are made, except to the Premises constructed by Tenantextent which results from COUNTY’s negligence or willful misconduct. Tenant shallUSER agrees to restore, promptly at USER's sole expense, the Authorized Area to the same condition as received, reasonable wear and tear excepted, upon completion the termination or expiration of this Agreement; provided, however, COUNTY may, in its sole discretion, choose to retain any such alterations alterations, additions, or improvements and not require USER to remove them. Furthermore, USER agrees to work cooperatively with COUNTY's Facilities Director in relation to any alterations, additions, improvements and repairs to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseAuthorized Area.
Appears in 1 contract
Samples: Authorized User Agreement
Alterations. a. Tenant shall not makemake any alterations, additions or suffer improvements to be made, any alterations or additions to the Premises, or any part thereof, without the prior written consent of Landlord, and any such additions to or alterations portion of the Premises, either inside or outside, without Landlord’s prior written consent in each instance. Upon any request by Tenant to make any alterations, additions or improvements, Landlord reserves the right to require Tenant to submit to Landlord plans and specifications for Landlord’s approval. Any alterations, additions or improvements (except for movable equipment and furniture and trade fixturesowned by Tenant) installed in the Premises by or on behalf of Tenant shall, shall at Landlord’s option, become at once a part of the realty Premises and belong Landlord’s property upon the expiration or earlier termination of this Lease unless otherwise stated by Landlord in writing; provided, however, Landlord shall have the right to Landlordrequire Tenant to remove any such alteration, addition or improvement at Tenant’s expense upon the expiration or earlier termination of this Lease. To In the extent event that Landlord so elects, and Tenant fails to remove such alteration, addition or improvement, Landlord may remove such alteration, addition or improvement at Tenant’s cost, and Tenant shall desire to make any alterations or additions pay Landlord on demand the cost of restoring the Premises to the Premisescondition it existed as of the Commencement Date, ordinary wear and tear excepted. Tenant shall submit to reimburse Landlord upon demand for Landlord=s review all costs and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved expenses incurred by Landlord shall be constructed by a contractor selected in repairing or replacing any damage to the Building, Premises or Common Areas caused by Tenant but approved or Tenant’s agents, employees, invitees, or visitors.
b. If any such alterations, additions or improvements are consented to by Landlord, Tenant, at its sole cost and expense, shall be constructed perform such work in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlordmanner, and shall obtain all necessary governmental permits and certificates necessary for the commencement and completion of such alterations, additions and improvements, and shall cause such alterations, additions and improvements to be performed in accordance compliance therewith and with all Applicable Laws. Tenant shall be responsible for obtaining applicable laws, ordinances, requirements, orders, rules and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseregulations.
Appears in 1 contract
Alterations. Tenant Lessee shall not make, make no changes in or suffer to be made, any alterations or additions to the Premises, or demised Premises of any part thereof, nature without Lessor's prior written consent. Subject to the prior written consent of LandlordLessor, and any such to the provisions of this paragraph, Lessee at Lessee's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to or alterations the interior of the Premisesdemised Premises by using contractors or mechanics first approved by Lessor. All fixtures and all panelling, except movable furniture partitions, railing and like installations, installed in the Premises at any time, either by Lessee or Lessor on Lessee's behalf (including trade fixtures), shall become the property of Lessee and shall remain upon and be surrendered with the demised Premises unless Lessor, by notice to Lessee no later than twenty (20) days prior to the date fixed as the termination of this Lease, elects to have them removed by Lessee, in which event, the same shall be removed from the Premises by Lessee forthwith, at once a part Lessee's expense. Upon removal from the Premises of any installations as may be required by Lessor, Lessee shall immediately and at its expense, repair and restore the Premises to the condition existing prior to installation and repair any damage to the demised Premises or the building due to such removal. All property permitted or required to be removed by Lessee at the end of the realty and belong to Landlord. To term remaining in the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord Premises after Lessee's removal shall be constructed deemed abandoned and may, at the election of the Lessor, either be retained as Lessor's property or may be removed from the Premises by a contractor selected Lessee at Lessee's expense. Lessee shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by Tenant but approved by Landlordany governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, shall approvals and certificates to Lessor and Lessee agrees to carry and will cause Lessee's contractors and sub-contractors to carry such worker's compensation, general liability, personal and property damage insurance as Lessor may require. Lessee agrees to obtain and deliver to Lessor, written and unconditional waivers of mechanic's liens upon the real property in which the demised Premises are located, for all work, labor and services to be constructed in a good performed and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall materials to be responsible for obtaining and complying with the terms and provisions of any permits or approvals required furnished in connection with such work, signed by all contractors, sub-contractors, materialmen and laborers to become involved in such work. Notwithstanding the foregoing, if any alterations mechanic's lien is filed against the demised Premises, or additions the building of which the same forms a part, for work claimed to the Premises constructed by Tenant. Tenant shallhave been done for, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated materials furnished to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by TenantLessee, whether in connection with any alterations or additions not done pursuant to this paragraph, the Premises same shall be discharged by Lessee within ten (10) days thereafter, at Lessee's expense, by payment thereof or otherwiseby filing the bond required by law.
Appears in 1 contract
Samples: Sub Lease Agreement (Complete Wellness Centers Inc)
Alterations. Tenant shall not makeBy executing this lease, Lessor evidences its approval of the plans, specifications and working drawings of the initial build-out plans of Lessee (Annexus C). Thereafter, Lessee agrees to make no alterations, erections, additions, or suffer to be made, any alterations improvements in or additions to the Premises, Demised Premises and not to place any fixtures in or any part thereof, on the Demised Premises without first obtaining the prior written consent of Landlordthe Lessor, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but which consent shall not be obligated tounreasonably withheld. Lessor's approval of the plans, condition Landlord=s consent to any specifications and working drawings for Lessee's alterations shall create no responsibility or additions liability on the part of Lessor for their completeness, design sufficiency or compliance with all laws, rules and regulations of all governmental agencies or authorities. Lessee may remove all fixtures it installs or places in or attaches to the Demised Premises, which removal shall be accomplished so as not to damage the Demised Premises costing $10,000 and shall be completed prior to the termination of this lease. All property remaining within the Leased Premises on the day next following the day this lease expires or more upon Tenant=s delivery terminates shall be deemed to be abandoned and the Lessor may dispose of such as Lessor chooses and all reasonable expense incurred by Lessor in disposing of such abandoned property within thirty (30) days following termination or expiration of this lease shall be repaid to Lessor by Lessee within thirty (30) days following the mailing of a lien and completion bond in an amount equal written statement of such by Lessor to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseLessee.
Appears in 1 contract
Alterations. Tenant further covenants that it will not make any alterations, additions, or changes of any kind to the Premises, without first securing the written consent of Landlord, after submission of the plans therefor to Landlord. Any alterations, additions, or changes as Landlord shall permit in writing shall be made at Tenant's expense. Any such alterations, additions, or changes will, at the expiration of the Term, or the sooner termination thereof, become the property of Landlord; or, at Landlord's option, the Premises shall be restored to its former condition at the expense of Tenant, provided, however, that Tenant shall have the right, so long as Tenant is not makein default, to remove any trade fixtures or other fixtures installed by Tenant; provided further that Tenant shall be responsible for repair of any damages to the freehold occasioned by the removal thereof. Tenant will, in making any alterations, additions, changes, or suffer repairs, as well as in its use of the Premises, fully comply with all federal and State laws, City ordinances, and regulations of all public authorities, as well as the requirements of the Association of Fire Underwriters, or similar governing insurance body, all at Tenant's expense. Tenant covenants, at its own expense, promptly to comply with and do all things required by any notice served upon it or upon Landlord in relation to the Premises or any part thereof, from any public authority, if the same shall be made, any alterations or additions to caused by Tenant's use of the Premises, or any part alteration, addition, or change thereof, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant covenants that no liens shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions attach to the Premises constructed by Tenant. Tenant shall, promptly upon completion virtue of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord mayalterations, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnishedadditions, or obligation incurred changes made by Tenant, whether in connection with and that if any alterations or additions such lien is filed, Tenant will cause the same to the Premises or otherwisebe removed within thirty (30) days.
Appears in 1 contract
Alterations. (a) Tenant shall not make, or suffer to be made, any alterations or additions to the Premises, or any part thereof, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premisesalterations, Tenant shall submit to Landlord for Landlord=s review and approvaldecorations, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseattach any fixtures or equipment thereto, without the Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed. All such alterations, interior decorations, improvements or additions made to the Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant’s sole cost and expense. Notwithstanding the foregoing, Tenant may (i) affix pictures and shelving to the walls and (ii) perform other minor cosmetic alterations to the Premises not exceeding Five Thousand and 00/100ths Dollars ($5,000.00) in the aggregate, without Xxxxxxxx’s consent.
(b) All alterations, decorations, improvements or additions to the Premises made by Tenant shall be deemed to have been attached to the Premises and to have become the property of Landlord upon such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not remove any of such alterations, decorations, improvements or additions, except trade fixtures installed by Tenant; provided, however, that Landlord may designate by written notice to Tenant those alterations and additions which shall be removed by Tenant at the expiration or termination of this Lease, and Tenant shall properly remove the same and repair any damage to the Premises caused by such removal.
(c) In performing such alterations, decorations, improvements or additions, or in the removal thereof, Tenant shall use due care to cause as little damage or injury as possible to the Premises and the Building and shall repair all damage or injury that may occur to the Premises or the Building.
(d) Xxxxxx agrees in doing any such work in or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Development service employees of Landlord. Any contractors employed by Tenant shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed. All such contractors shall be required to carry worker’s compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord.
(e) Prior to the commencement by Tenant of any work as set forth in this Article, Tenant shall obtain, at Xxxxxx’s sole cost and expense, all necessary permits, authorizations and licenses required by the various governmental authorities having jurisdiction over the Premises.
Appears in 1 contract
Samples: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)
Alterations. (i) Tenant shall not makemake installations, or suffer to be made, any alterations or additions in or to the Premises, or any part thereof, Premises without securing the prior written consent of LandlordLandlord in each instance, and which consent shall not be unreasonably withheld, provided, however, it shall not be deemed unreasonable for Landlord to refuse its consent to any such additions to proposed alteration, addition, or alterations improvement which affects either the structure, operating systems, insurability, value or cost of operation of the PremisesBuilding or which would affect the operation of any other tenant. If Landlord consents to said installations, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the Premisespayment of all cost to be incurred in connection with such work, Tenant shall submit to Landlord for Landlord=s review and approvalinsurance against liabilities which may arise out of such work, detailed approval of plans and specifications for the proposed alterations or additions. Any such alterations or additions approved work by Landlord and permits necessary for such work. Such work shall be constructed done at the sole cost and expense of Tenant by a contractor selected by Tenant but approved employees of or contractors employed by Landlord, or with Landlord's consent in writing given prior to letting of such contract, by contractors employed by Tenant, but in each case, only under written contract previously approved in writing by Landlord, and subject to all conditions Landlord may impose including, without limitation, conditions which will assure Landlord that all work will be performed lien free under the Mechanics Lien Act of Illinois. All installations, alterations and additions shall be constructed in a good and workmanlike manner and only new and good grades of good material shall be used, and sufficient materialsshall comply with all insurance requirements, in accordance and with all ordinances and regulations of the Village of Deerfield or any department or agency thereof, and with the plans requirements of all statutes and specifications approved by Landlord, and in accordance with all Applicable Lawsregulations of the State of Illinois or any department or agency thereof. Tenant shall be responsible permit Landlord to supervise all construction operations within the Premises and shall pay to Landlord, prior to the commencement of the work, a percentage of the costs of such work, at a rate from time to time established by Landlord sufficient to reimburse Landlord for obtaining all overhead, general conditions, fees and complying other expenses arising from supervision of and involvement with the terms and provisions of any permits or approvals required in connection with any work. If alterations or additions to the Premises constructed are made by Tenant. 's contractors, Tenant shallshall furnish to Landlord prior to commencement thereof, promptly building permits and certificates of appropriate insurance and bonds, and upon completion of any such installation, alteration or addition, Contractor's Affidavits and full and final Waivers of Lien for all labor and material expended and used. Tenant shall hold harmless Landlord from all claims, costs, damages, liens and expenses which may arise out of or be connected in any way with said installations, alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications thereforadditions. Landlord may, but shall not be obligated to, condition Landlord=s consent to any Any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, repairs which are undertaken by Tenant shall keep be performed by union labor which is compatible with the Premises free from any liens arising out union or unions representing the service employees of any work performed, material furnished, or obligation incurred by Tenant, whether Landlord in connection with any alterations or additions to the Premises or otherwiseProject.
Appears in 1 contract
Alterations. Tenant shall not makemake any alterations, additions or suffer to be made, any alterations or additions improvements to the Premises, Premises or any part thereof, Property without the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned, or delayed. Notwithstanding the aforesaid, Tenant, at Tenant’s sole cost and any expense, may install trade fixtures as Tenant may deem necessary, so long as such additions to trade fixtures do not penetrate or alterations disturb the structural integrity and support provided by the roof, exterior walls or subfloors or require excavation of the Premises, except movable furniture and floor slab or disturbance of column supports. All such trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord fixtures shall be constructed and/or installed by a contractor selected by Tenant but insured contractors approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, in a good and workmanlike manner, and in compliance with all applicable all governmental, quasi-governmental and all applicable authorities laws, requirements, covenants, easements, ordinances and regulations, as well as all requirements of Landlord’s insurance carrier. In any event, Landlord approval shall not be unreasonably withheld, and shall be constructed given within 10 business days of verified receipt of the complete request. If Landlord does not respond within 10 business days, then approval shall be deemed to have occurred. Tenant, at its option, may obtain plans for installation of new windows in the front of the Premises. Any alterations to the window openings are subject to Landlord’s sole reasonable approval and shall be done in a good and workmanlike manner and of good and sufficient materials, in accordance with pursuant to said approved plans. If the plans and specifications approved pricing are agreed to by the Landlord, and in accordance with all Applicable Laws. Tenant then each party shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) bear 50% of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseand expense.
Appears in 1 contract
Alterations. Tenant Lessee shall maintain Leased Premises and every part thereof in good repair and condition, damage thereto by fire, windstorm, Acts of God, or the elements excepted. Lessee shall not make, make or suffer to be mademade any alterations, any alterations additions, or additions improvements to or of the Premises, Leased Premises or any part thereof, thereof without the prior written consent of LandlordLessor. In the event Lessor consents to the proposed alterations, additions or improvements, the same shall be at the Lessee's cost and any such additions to or alterations expense and Lessee shall hold the Lessor harmless on account of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additionscost thereof. Any such alterations or additions approved by Landlord shall be constructed made at such times and in such mariner as not to unreasonably interfere with the occupation, use and enjoyment of the remainder of the building by a contractor selected the other tenants thereof If required by Tenant but approved by LandlordLessor, such alterations shall be constructed removed by Lessee upon the expiration or sooner termination of the term of this Lease and Lessee shall repair damage to the premises caused by such removal, all at Lessee's cost and expense, Lessee shall be liable for injuries sustained during the installation, existence or removal of same. Lessee agrees not to suffer or permit any lien of any mechanic or materialman to be placed or filed against the Project or the Leased Premises. in a good case any such lien shall be filed, Lessee shall immediately satisfy and workmanlike manner release such hen of record. If Lessee shall fail to have such lien immediately satisfied and released of good record, Lessor may, on behalf of Lessee, without being responsible for making any investigation as to the validity thereof, pay the amount of said lien and sufficient materialsLessee shall promptly reimburse Lessor therefor. Lessee has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Lessee, operation of law or otherwise, to attach or to be placed upon Lessor's title or interest in accordance with the plans and specifications approved by LandlordProperty, and in accordance with any and all Applicable Laws. Tenant liens and encumbrances created by Lessee shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions attached to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseLessee's leasehold interest only.
Appears in 1 contract
Samples: Lease Agreement (Universal Beverages Holdings Corp)
Alterations. Tenant Lessee shall not makemake no additions, or suffer to be madeinstallations, any alterations or additions changes in or to the Premises, or any part thereof, demised premises without obtaining the prior written permission of Lessor, which consent Lessor may withhold in its sole and absolute discretion except Lessor shall not unreasonably withhold, delay or condition its approval to any proposed interior work so long as the proposed work (i) would not adversely affect any of Landlordthe Buildings' exteriors, roofs, windows or doors or frames therefor, structural integrity or systems, (ii) would not increase the costs of operating or managing the Property, (iii) would not increase the scope or costs of Lessor's obligations under this Lease and (iv) does not consist of, or require, any demolition of, or additions to, load bearing walls or exterior walls. The work or type of work described in clauses (i) through (iv) of this paragraph 7 is hereinafter described as "Structural Work", and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord interior non-structural work for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but which Lessor's approval shall not be obligated tounreasonably withheld, condition Landlord=s consent delayed or conditioned is hereinafter referred to as "Non-Structural Work". If Lessor's approval or denial of approval to any alterations Non-Structural Work is not received within five (5) business days of Lessor's receipt of all the items required for it to be able to make a determination whether to approve or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of not approve the proposed work, such failure to respond shall be deemed an approval to such Non-Structural Work. Lessor and Lessee shall, at Lessor's option, every six (6) months throughout the term of this lease, inspect the additions and alterations or additions to made by Lessee since the Premisesprior inspection. In any caseevent, Tenant shall keep the Premises free from any liens arising out of any work performedall installations, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises work done by Lessee shall at all times comply with:
a. Laws, rules, orders and regulations of all governmental or otherwisemunicipal bodies, authorities, departments or agencies having jurisdiction thereof and such rules and regulations as Lessor shall promulgate.
Appears in 1 contract
Alterations. Tenant (a) Tenant, at her sole cost, shall not make, or suffer to be made, any make alterations or additions and improvements to the Premises, or any part thereofincluding, without the prior written consent but not limited to, interior improvements, installation of Landlordsignage, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materialslandscaping, in accordance with the plans and specifications approved by Landlord, and . The Parties shall diligently pursue plan approval within 21 days of execution of this Lease. Tenant shall complete the improvements in accordance with all Applicable Lawsthe approved plans and specifications within 180 days of plan approval. Failure of the Tenant to complete the improvements, occupy the Premises and operate her business within said time shall constitute a breach of this Lease. All improvements, additions, alterations, and repairs shall be in accordance with applicable laws and at Tenant's own expense. Tenant shall be responsible will indemnify and defend Landlord for obtaining all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and complying with repairs. Landlord agrees, when requested by Tenant, to execute and deliver any applications, consents, or other instruments required to permit Tenant to do this work or to obtain permits for the terms work.
(b) Except as set forth in Section 10(a) and provisions of any permits or approvals required in connection with any Section 15(a), all alterations or additions and improvements made to the Premises constructed by Tenant. Tenant shall, promptly upon completion shall become the property of any such alterations or improvements to Landlord and shall remain on and be surrendered with the Premises deliver at the expiration or sooner termination of this Lease, including any renewals or extensions.
(c) It shall be Tenant's duty to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out and clear of any all liens, claims, and demands for work performed, material materials furnished, or obligation incurred by operations conducted on the Premises.
(d) Tenant will not at any time permit any mechanics', laborers', or materialmen's liens to stand against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or Tenant's agents, whether contractors, or subtenants, in connection with work of any alterations character performed or additions claimed to have been performed on the Premises by or otherwise.at the direction or sufferance of Tenant Section
Appears in 1 contract
Samples: Lease Agreement
Alterations. A. Tenant shall will not make, make or suffer allow to be mademade any alterations, any alterations additions and improvements including, but not limited to, painting, in or additions to the Premises, or any part thereof, Demised Premises without the prior written consent of Landlord, and any which shall not be unreasonably withheld. Landlord may impose, as a condition to consent, such additions to requirements as Landlord in its sole discretion may deem reasonable or alterations desirable, including, without limiting the generality of the Premisesforegoing, except movable furniture requirements as to the manner in which, the time or times at which, and trade fixturesthe contractor by whom such work shall be done as well as requiring Tenant to provide a completion bond.
B. Any alterations, shall become at once a part of additions, or improvements made to the realty and belong to Landlord. To the extent that Demised Premises by Tenant shall desire be surrendered to make any alterations Landlord and become the property of Landlord upon termination of this Lease. If prior to termination of this Lease, or additions within fifteen (15) days thereafter, Landlord so directs by written notice to the PremisesTenant, Tenant shall submit to Landlord for Landlord=s review and approvalpromptly remove any alterations, detailed plans and specifications for additions, or improvements, placed in or on the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected Demised Premises by Tenant but approved that are designated in said notice and shall repair any damage caused by Landlordsuch removal and in default thereof Landlord may effect said removals and repairs at Tenant’s expense. This clause shall not apply to movable non-attached fixtures of Tenant.
C. All work with respect to alterations, shall additions, and improvements must be constructed done in a good and workmanlike manner and of good diligently prosecuted to completion.
D. Any alterations, additions and sufficient materials, improvements shall be completed strictly in accordance with the plans laws and specifications approved by Landlordordinances relating thereto, and in accordance with the requirements of all Applicable Lawscarriers of insurance on the Demised Premises and the Board of Underwriters, Fire Rating Bureau, or similar organization. Tenant shall be responsible for obtaining obtain, at its sole cost and complying with expense, all required licenses and permits. In performing the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion work of any such alterations alterations, additions or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any caseimprovements, Tenant shall keep have the work performed in such a manner so as not to obstruct the access to the Building of any other tenant.
E. Before commencing any work or construction in or about the Demised Premises, Tenant shall notify Landlord in writing of the expected date of commencement and completion thereof. Landlord shall have the right at any time and from time to time to post and maintain on the Demised Premises free such notices as Landlord deems necessary to protect the Building, the Demised Premises and Landlord from the liens of mechanics, laborers, materialmen, suppliers or vendors.
X. Xxxxxx has no authority to and shall not create any liens for labor or material on or against the Building, the Demised Premises or any interest therein. Xxxxxx agrees to notify any materialman, supplier, contractor, mechanic, or laborer involved with work on the Demised Premises at Tenant’s request that they must look only to Tenant or Xxxxxx’s other property interests. All materialmen, suppliers, contractors, mechanics and laborers may be put on notice of this Section by the recordation, at Landlord’s option, of a memorandum of this Lease in the Clerk’s Office of the Circuit Court of Xxxxxxxxxx County, Virginia and Tenant shall promptly execute and acknowledge such a memorandum if requested to do so by Landlord. Tenant shall require from any liens arising out and all materialmen, suppliers, contractors, mechanics, laborers and subcontractors that they deliver to Tenant duly executed waivers of lien with respect to Landlord’s interest prior to the commencement of any work thereon or in the Demised Premises.
G. Notwithstanding the foregoing, if by reason of any construction, alteration, repair, labor performed, material furnished, or obligation incurred by materials furnished to the Demised Premises for or on behalf of Tenant, whether any mechanic’s or other lien shall be filed, claimed, perfected or otherwise established as provided by laws against the Building or the Demised Premises, Tenant shall discharge or remove the lien by bonding or otherwise within fifteen (15) days after Tenant receives notice of the filing of same. Nothing contained herein shall authorize Tenant to create any liens for labor or materials on or about Landlord’s interest in connection with any alterations the Building or additions to the Demised Premises or otherwiseany portion thereof.
Appears in 1 contract
Alterations. Tenant shall not make, permit alterations in or suffer to be made, any alterations or additions to the Premises, or any part thereof, without Leased Premises unless and until the prior written consent of Landlord, and plans have been approved by Landlord in writing. Landlord agrees to not unreasonably withhold any such additions approval to the extent that the alterations do not affect the structural and/or mechanical systems in the Building. In connection with any such approval, Landlord shall advise Tenant as to whether or not the Landlord will require the Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease. In this regard, the Landlord acknowledges that the Tenant will have no obligation to remove any of the Premisesimprovements included in the Landlord's Work which is identified on Exhibit B. To the extent that the Landlord fails to advise Tenant that it will require the removal of any alterations, except movable furniture and trade fixtures, such alterations shall become at once a part of the realty and belong to Landlordthe property of Landlord upon expiration or earlier termination of this Lease, and shall not be removed by Tenant. To the extent that Tenant shall desire to make any ensure that all alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlordmade in accordance with all applicable laws, shall be constructed regulations and building codes, in a good and workmanlike manner and of good and sufficient materials, in accordance with quality equal to or better than the plans and specifications approved by Landlordoriginal 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 accordance with all Applicable Laws. Tenant this Lease shall be responsible for obtaining and complying with construed to constitute a consent by Landlord to the terms and provisions creation of any permits lien. If any lien is filed against the Leased Premises for work claimed to have been done for or approvals required in connection with any alterations or additions material claimed to the Premises constructed by have been furnished to Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions cause such lien to the Premises or otherwise.be
Appears in 1 contract
Samples: Lease Agreement (Pets Com Inc)
Alterations. Tenant shall not make, make (or suffer permit to be made) any change, any alterations addition or additions improvement to the Premises, or any part thereofPremises (including, without limitation, the attachment of any fixture or equipment) unless such change, addition or improvement (a) equals or exceeds the Building Standard and utilizes only new and first-grade materials, (b) is in conformity with all Legal Requirements, and is made after obtaining any required permits and licenses, (c) is made with prior written consent of Landlord, and any such additions (d) is made pursuant to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved in writing in advance by Landlord and prepared by an architect approved in writing in advance by Landlord, (e) is made after Tenant has provided to Landlord such indemnification, insurance, and/or bonds requested by Landlord, 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 change, addition or improvement, (f) is carried out by persons 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 require, with Landlord named as an additional insured, and (g) is done only at such time and in accordance such manner as Landlord may reasonably specify. All such alterations, improvements and additions (including all articles attached to the floor, wall or ceiling of the Premises) shall become the property of Landlord and shall, at Landlord’s election, be (1) surrendered with the Premises as part thereof at the termination or expiration of the Term, without any payment, reimbursement or compensation therefor, or (2) removed by Tenant, at Tenant’s expense with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed damage caused by such removal repaired by Tenant. Tenant shallmay remove Tenant’s trade fixtures, office supplies, movable office furniture and equipment not attached to the Building, provided such removal is made prior to the expiration of the Term, no uncured Event of Default has occurred and Tenant promptly upon completion repairs all damage caused by such removal. Tenant shall indemnify, defend and hold harmless Landlord from and against all liens, claims, damages, losses, liabilities and expenses, including attorneys’ fees, which may arise out of, or be connected in any way with, any such change, addition or improvement. Within ten (10) days following the imposition of any lien resulting from any such alterations change, addition or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any caseimprovement, Tenant shall keep the Premises free from any liens arising out cause such lien to be released of any work performed, material furnished, record by payment of money or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseposting of a proper bond.
Appears in 1 contract
Alterations. Tenant The Lessee shall not make, or suffer to be made, any alterations or additions to the Premises, or any part thereof, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenantwithout the Lessor's advance written consent in each and every instance, not to be unreasonably withheld. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any All alterations or additions shall be made pursuant to the Premises costing $10,000 following conditions:
(a) Before commencement of any work or more upon Tenant=s delivery of a any materials onto the Premises or into the Building, the Lessee shall furnish the Lessor with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and indemnification in form and amount satisfactory to Lessor and waivers of lien against any and completion bond all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions, together with certificates of insurance from all contractors performing labor or furnishing materials insuring the Lessor against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. In addition, Lessee shall provide an "All Physical Loss" Builders Risk insurance policy with respect to all alterations and additions in an amount equal to one hundred fifty percent (150%) l00% of the estimated replacement cost of the proposed alterations and additions. Lessor shall be named an insured as its interest may appear. Whether the Lessee furnishes the Lessor the foregoing or not, the Lessee hereby agrees to defend, indemnify and hold the Lessor harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations or additions.
(b) Alterations and additions shall comply with all insurance requirements and with all ordinances and regulations of the City of Chicago or any department or agency thereof and with the requirements and statutes and regulations of the State of Illinois or of any department or agency thereof, and shall be installed in a good, workmanlike manner and only new, high-grade materials shall be used. Lessee shall permit the Lessor to supervise construction operations in connection with alterations or additions if the Lessor requests to do so.
(c) The Lessee shall pay all the costs of such alterations and additions plus a reasonable amount to Lessor for Lessor's overhead with respect to supervision necessary to satisfy Lessor that no damage will result to the PremisesBuilding. In Such charge shall not, however, relieve Lessee of any case, Tenant responsibility or liability for any such damage. Lessee shall keep also pay the cost of decorating the Premises free from occasioned by such alterations and additions. Each payment upon said costs shall be only upon receipt of all such contractor's and subcontractor's sworn statements, full or partial waivers of lien, certificates and other documentation, if any, as Lessor or any title insurance company shall request in order to fully protect the building and the Premises against all possible claims in the nature of mechanic's liens arising out of any the performance of said work performedand to enable said title insurance company to insure the title to the Premises and the building against such claims. Without limitation of the foregoing, material furnished, or obligation incurred by Tenant, whether in connection with upon completing any alterations or additions additions, the Lessee shall furnish the Lessor with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used, together with all such of the other documentation described above as Lessor shall require.
(d) All alterations, additions, hardware, non-trade fixtures and all improvements, temporary or permanent, in or upon the Premises, including all affixed lighting fixtures, heating, ventilating and air conditioning equipment, and all pipes, ducts, conduits, wiring, paneling, partitions, railing, galleries and the like, whether placed there by the Lessee or by the Lessor, shall, unless the Lessor requests their removal, become the Lessor's property and shall remain upon the Premises at the termination of this Lease by lapse of time or otherwise without compensation or allowance or credit to the Lessee. If, upon the Lessor's request, the Lessee does not remove said additions, hardware, non-trade fixtures and improvements, the Lessor may remove the same and the Lessee shall pay the cost of such removal to the Lessor upon demand. In any event, Lessee shall repair or pay on demand all costs of repair of, any damage to the Premises or otherwisethe Building done during the course of such removal.
Appears in 1 contract
Samples: Office Lease (Tunes Com Inc)
Alterations. Tenant LESSEE shall not makebe permitted without the consent of the ----------- LESSOR, or suffer to be made, make any alterations in or additions to the PremisesPremises which are normal and ordinary for its data center use, or any part thereof, without the prior written consent of Landlord, and any provided that such additions to changes or alterations do not have a materially adverse impact upon the LESSOR's use of the Premises, except movable furniture and trade fixtures, remaining property. LESSEE shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to not make any other alterations in or additions to the PremisesPremises without LESSOR's prior written consent, Tenant which consent shall submit not be unreasonably withheld, provided that such consent shall be at the sole and unrestricted option of LESSOR if such changes or alterations would have a materially adverse impact upon the LESSOR's use of the remaining property. If LESSOR consents to such alterations or additions before the commencement of the work or delivery of the materials into the Premises or Building, LESSEE shall furnish LESSOR for approval:
(a) 3 duplicate sets of plans and specifications;
(b) names and addresses of contractors;
(c) copies of all contracts;
(d) necessary permits;
(e) indemnification from LESSEE that LESSEE will be responsible for the costs of the work to the Premises made by or at the direction of LESSEE.
(f) certificates of insurance from all contractors performing labor or furnishing materials, insurance against any and all claims, costs, damages, liabilities and expense which may arise in connection with the alterations or additions in amount satisfactory to LESSOR and naming LESSOR as an additional insured party. Notwithstanding the above, in the event LESSEE provides to Landlord for Landlord=s review and approval, detailed its plans and specifications for the proposed initial work to be done to the Premises, the LESSOR shall provide its approval thereof not later than 10 days upon receipt of such plans and specifications (Time is of the essence). Whether LESSEE furnished LESSOR the foregoing or not, LESSEE hereby agrees to hold LESSOR and its respective agents and employees harmless from any and all liabilities of every kind or description which may arise out of or be connected in any way with said alterations or additions, unless such work is performed by or under the direction of LESSOR. Any With respect to any mechanic's lien filed against the Premises or Building, for work claimed to have been furnished to LESSEE, LESSEE shall either discharge such lien record within ten (10) days thereafter, at LESSEE's expense, or shall post a surety bond or other security with LESSOR in form and amount reasonably satisfactory to LESSOR. Upon completing any alterations or additions, LESSEE shall furnish LESSOR with contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations and additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlordcomply with LESSOR's instructions, any insurance requirements, and with all statutes, regulations, or municipal ordinances. All alterations and additions shall comply with LESSOR's instructions, any insurance requirements, and with all statutes, regulations, or municipal ordinances. All alterations and additions shall be constructed in a good and workmanlike manner and with new materials of good grade and sufficient materialsare subject to inspection and approval by LESSOR. Upon the expiration of or other termination of the Lease Term or extensions thereof, LESSEE shall quit and surrender to LESSOR the Premises in good order and condition as provided in this Lease, ordinary wear and tear excepted, and LESSEE shall remove all of its property. All permanent attachments and fixtures, except only office furniture or equipment, in accordance with or upon the plans Premises, whether placed there by LESSEE or by LESSOR, shall, become LESSOR's property and specifications shall remain upon the Premises at the termination of this Lease by lapse of time or otherwise without compensation or allowance or credit to LESSEE. It is understood that Tenant will remove the hardware of its security and communications systems, but the wiring will remain upon the premises. The following items of decorating are deemed approved by LandlordLESSOR, provided that the requirements set forth in this Agreement are observed: Items, the weight of which do not exceed the carrying capacity of the wall, such as magazine racks, hat racks (but not coat racks), clocks, pictures, shelving, blackboards and in accordance with all Applicable Lawsbulletin boards, may be hung using proper equipment and procedures. Tenant In the case of installation of items which may exceed the carrying capacity of the wall, LESSOR shall be responsible consulted for obtaining proper methods of installation and complying with the terms and provisions its approval shall be obtained prior to any such installation. Nothing herein shall be deemed an approval of any permits or approvals required in connection with any alterations or additions to work done by LESSEE which affects the Premises constructed by Tenant. Tenant shallelectrical, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans heating, ventilating and specifications therefor. Landlord mayair conditioning systems., but without LESSOR's prior consent, which consent shall not be obligated tounreasonably withheld. LESSOR's pre-approval as set forth above shall not relieve LESSEE from its obligation, condition Landlord=s consent upon the request of LESSOR, to any alterations or additions to remove such installation and restore the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisetheir original condition.
Appears in 1 contract
Samples: Lease Agreement (Metavante Corp)
Alterations. (a) Tenant shall will not makemake or permit anyone to make any alterations, additions or suffer to be madeimprovements, any alterations structural or additions otherwise, in or to the Premises, Premises or any part thereof, the Building without the prior written consent of Landlord, which consent, in the case of any alterations, additions or improvements not involving structural elements or the exterior of the Building or Premises, shall not be unreasonably withheld, delayed or conditioned. Any such alterations, additions or improvements, structural or otherwise, must conform to all governmental regulations, as well as those established by the appropriate underwriter's associations.
(b) As a condition precedent to such written consent of Landlord (but not the sole condition precedent to such consent), Tenant shall obtain and deliver to Landlord written and unconditional waivers of mechanics' liens upon the Land and the Building, for all work, labor and services to be performed, and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers to become involved in such work. Tenant shall not permit any such additions mechanic's or materialman's lien to be established against the Land or alterations of the Building, the Premises, except movable furniture and trade fixturesor any portion thereof, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to against Tenant's leasehold interest in the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performeddone on the Premises. In the event that any notice is received by Landlord with respect to any claim or any intent to file a mechanic's lien against the Land or the Building, material furnishedthe Premises, or obligation incurred by against the Tenant's leasehold interest in the Premises, in connection with or arising out of any work done on the Premises, or for materials claimed to have been furnished to Tenant, whether such mechanic's lien shall be discharged by Tenant within ten (10) days after receipt of the notice of intent to claim a lien at Tenant's sole cost and expense by the payment thereof or by filing any bond required by law. If Tenant shall fail to discharge any such mechanic's lien, Landlord may, at its option, discharge the same and treat any and all cost thereof as additional rent payable with the monthly installment of Basic Rent next becoming due. It is hereby expressly covenanted and agreed that such discharge by Landlord shall not be deemed to waive, or release, the default of Tenant in not discharging any such lien. Tenant shall defend, indemnify, and hold Landlord safe and harmless from and against any such alterations, additions or improvements, or in connection with any petition for, establishment of, or threat of establishment of any such lien, including, without limitation, reasonable attorneys' fees.
(c) Tenant agrees that any improvements and/or alterations or additions made by it which are attached to the Premises so that removal of such improvements and/or alterations may, in Landlord's sole reasonable discretion, damage the Premises, shall become the property of Landlord and remain upon the Premises at the expiration or otherwisetermination of the Term, provided that, upon notice to Tenant, Landlord may require Tenant, upon the expiration or termination of the Lease, to remove any or all of such improvements and/or to restore the Premises to their condition as of the Commencement Date, excluding ordinary wear and tear. All property permitted or required to be removed by Tenant shall be deemed abandoned if not removed within ten (10) days after notice is given to Tenant and Landlord may either retain it as Landlord's property or may remove it at Tenant's expense.
Appears in 1 contract
Samples: Lease Agreement (Nfo Worldwide Inc)
Alterations. Except for the alterations, additions or improvements that were to be done by Tenant as part of Tenant’s initial occupancy under the Initial Lease, as specified in Exhibit B attached hereto and made a part hereof (the “Initial Improvements”), Tenant shall not makemake any alterations, or suffer to be made, any alterations improvements or additions to the Premises, or any part thereof, Premises without the prior written consent approval of LandlordLandlord (which approval shall not be unreasonably withheld or delayed) except that Tenant may, after giving Landlord thirty (30) days’ prior written notice thereof (which notice shall contain a detailed written description and drawing of any contemplated alterations or improvements), make alterations, improvements and/or additions to the Premises that (a) total less than $10,000.00 in the aggregate in any given year, except in the case of emergency repairs, and any such additions (b) involve interior non-structural work to the Premises. Any alteration, addition, or alterations improvement in, on, or to the Premises including carpeting, but excepting the “Accelerator” described in Exhibit B and movable furniture, equipment and other personal property of Tenant removable without material damage to the property or the Premises, except movable furniture shall be and trade fixturesremain the property of Tenant during the Term but shall, shall unless Landlord elects otherwise, become at once a part of the realty and belong to LandlordLandlord without compensation to Tenant upon the expiration or sooner termination of the Term and title shall pass to Landlord under this Lease as by a bxxx of sale, which Tenant hereby agrees to execute and deliver to, and for the benefit of, Landlord on the last day of the Term in a form acceptable to Landlord in its sole discretion. To The Accelerator shall, at all times, be the extent that Tenant shall desire to make any alterations or additions to the Premisesproperty of Tenant. When applying for such consent, Tenant shall submit to Landlord for shall, if requested by Landlord=s review and approval, detailed furnish complete plans and specifications for such alterations, additions and improvements. In the proposed alterations event Landlord consents to the making of any such alteration, addition, or additions. Any such alterations or additions approved improvement by Landlord Tenant, the same shall be constructed by made using a contractor selected reasonably acceptable to Landlord at Tenant's sole cost and expense. All alterations, additions or improvements proposed by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with all government laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, including, but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the plans costs thereof and specifications approved to protect Landlord against any loss from any mechanics’, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Sections 4 and 5 above 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. Upon the expiration or sooner termination of the Term as herein provided, Tenant shall, upon demand by Landlord, at Tenant’s sole cost and in accordance expense, forthwith and with all Applicable Laws. due diligence remove any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall be responsible for obtaining forthwith and complying with the terms all due diligence, at its sole cost and provisions of any permits or approvals required in connection with any alterations or additions to expense, repair and restore the Premises constructed to their original condition, reasonable wear and tear and loss by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premisescasualty covered by Section 24 excepted. In the event that Tenant fails to remove any casealterations, additions, and/or improvements as herein described, Tenant shall keep the Premises free from any liens arising out reimburse Landlord for Landlord’s costs in removing such alterations, additions and/or improvements within thirty (30) days of any work performed, material furnished, or obligation Tenant's receipt of notice of such costs incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseLandlord.
Appears in 1 contract
Samples: Lease (AquaMed Technologies, Inc.)
Alterations. Tenant shall not makemake any alterations, additions or suffer to be made, any alterations or additions improvements to the Premises, or change any part thereofplumbing or wiring, without the prior written consent of Landlord. Plans and specifications for such work shall be submitted to and approved in writing by Landlord prior to commencement of any such work. No fixtures, permanently attached, shall be removed from the Premises. Landlord shall have the right to approve Tenant's contractors as well as the general manner and method in which such work is to be performed. Prior to commencement of any work, Tenant shall provide Landlord with insurance certificates evidencing that all contractors and subcontractors have workmen's compensation insurance, and any builder's risk insurance in amounts and with coverages satisfactory to Landlord. Any such additions to or alterations of the Premisesimprovements, except including wall covering, paneling and built--in cabinet work, but excepting movable furniture and trade fixtures, shall become at once become a part of the realty and belong to Landlord and shall be surrendered with the Premises. Upon the expiration of the term hereof, Tenant shall, upon written demand by Landlord, at Tenant's sole cost and expense, remove any alterations, additions or improvements made by Tenant, designated by Landlord to be removed; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. To At least twenty (20) days prior to the extent that Tenant shall desire to make commencement of any alterations or additions to work on the Premises, Tenant shall submit to notify Landlord of the names and addresses of the persons supplying labor and materials so that Landlord may give notice that it shall not be subject for Landlord=s review and approval, detailed plans and specifications any lien for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materialsTenant's work, in accordance with Colorado's mechanics' lien statutes. Landlord shall have the plans and specifications approved by Landlord, and right to keep posted on the Premises notice to such persons in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisestatute.
Appears in 1 contract
Alterations. (a) Tenant shall not makemake no alterations or improvements in or to the Premises without Landlord's prior written consent, and then only by contractors approved in writing by Landlord. All such work shall be done at such times and in such manner as Landlord may designate. All such work shall be performed in full compliance with any and all laws, rules, orders, ordinances, directions, regulations and requirements now or hereafter in effect from time to time of all governmental and public agencies, authorities and bodies having jurisdiction thereover, and in full compliance with the rules and requirements of any board of fire underwriters and any similar body. Before commencing any work, Tenant shall give Landlord at least five (5) days written notice of the proposed commencement of such work and shall secure at Tenant's own cost and expense, a labor and materials payment bond, satisfactory to Landlord, for said work. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, or suffer materials claimed to have been furnished to Tenant, will be madedischarged by Tenant, any by bond or otherwise, within ten (10) days after the filing thereof, at the cost and expense of Tenant. All alterations or additions to improvements upon the Premises, or any part thereofmade by either party, including (without limiting the prior written consent generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and any such additions to or alterations of shall remain upon, and be surrendered with the Premises, except movable furniture and trade fixtures, shall become at once as a part thereof, at the end of the realty and belong to Landlord. To the extent Term hereof, except that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated toby written notice to Tenant, condition Landlord=s consent to any alterations or additions given at least thirty (30) days prior to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) end of the estimated cost of Term, require Tenant to forthwith remove all partitions, counters, railings and the proposed alterations or additions like installed by tenant, and Tenant shall repair or, at Landlord's option, shall pay to the PremisesLandlord all costs arising from such removal.
(b) All articles of personal property and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant at any time during the lease term when Tenant is not in default hereunder. In any case, If Tenant shall keep fail to remove all of its effects from said Premises upon termination of this Lease the Premises free from same shall be deemed abandoned by Tenant and Landlord may dispose of them in any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisefashion it deems reasonable.
Appears in 1 contract
Alterations. Tenant Notwithstanding anything contained in this Lease to the contrary, Lessee shall not makemake any additions, alterations, improvements or suffer to be made, any alterations or additions to the Premises, or any part thereofother modifications (collectively,"Alterations"), without the prior written writren consent of LandlordLessor, which shall not be unreasonably withheld or delayed, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the leased premises. Any approval by Lessor of or consent by Lessor to any plans, specifications or other items to be submitted to and/or reviewed by Lessor pursuant to this Lease shall be deemed to be strictly limited to an acknowledgment of approval or consent by Lessor thereto and, whether or not the work is performed by Lessor or by Lessee's contractor, such approval or consent shall not constitute the assumption by Lessor or any responsibility for the accuracy, sufficiency or feasibility of any plans, specifications or other such hems and shall not imply any acknowledgment, representation or warranty by Lessor that the design is safe, feasible, structurally sound or will comply with any legal or governmental requirements, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant Lessee shall be responsible for obtaining and complying with all of the terms and provisions of any permits or approvals required in connection with any alterations or additions same. Lessee agrees to the Premises constructed by Tenant. Tenant shallpay Lessor, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord maydemand as additional rent, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond fee for construction management in an amount equal to one hundred fifty five percent (1505%) of the estimated total cost of the proposed alterations or additions to Alterations, (if Alterations exceed $10,000, excluding the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant"Initial Alterations" as provided in Paragraph 40B), whether in connection with any or not the work is performed by Lessor or by Lessee's contractor. No alterations or additions to shall lessen the value of the Premises or otherwisecause expense to Lessor at the termination of this Lease. In no event shall any work be done for Lessor's account or in any way which would allow a lien to be placed against the Premises; any such hen shall create a default of Lessee under this Lease if not removed or lawfully bonded within ten (10) calendar days following Lessor's discovery thereof All alterations made in or upon Premises, either by Lessee or Lessor, shall be Lessor's property and shall remain upon Premises at the termination of this Lease without compensation to Lessee.
Appears in 1 contract
Alterations. Tenant shall not makemake any improvements, alterations, additions or suffer installations in or to the Premises (hereinafter referred to as the “Work”) without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Along with any request for Landlord’s consent and before commencement of the Work or delivery of any materials to be made, any alterations or additions used in the Work to the PremisesPremises or into the Facility, or any part thereofTenant shall furnish Landlord with plans and specifications, without the prior written consent names and addresses of contractors, copies of contracts, necessary permits and licenses, and except when Landlord, its agent or affiliate is contractor, an indemnification in such form and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong amount as may be reasonably satisfactory to Landlord. To the extent Tenant agree to defend and hold Landlord harmless from any and all claims and liabilities of any kind and description that may arise out of or be connected in any way with said improvements, alterations, additions or installations. All work done by Tenant, its agents, employees, or contractors shall be done in such a manner as to avoid labor disputes. Tenant shall desire to make any alterations pay the cost of all such improvements, alterations, additions or installations, and also the cost of painting, restoring, or repairing the Premises and the Facility occasioned by such improvements, alterations, additions to or installations. Upon completion of the PremisesWork, Tenant shall submit to furnish Landlord for Landlord=s review with contractor’s sworn affidavits and approvalfull and final waivers of liens, detailed plans or receipted bills covering all labor and specifications for the proposed alterations or additionsmaterials expended and used. Any such alterations or additions approved by Landlord The Work shall be constructed by a contractor selected by Tenant but approved by Landlordcomply with all insurance requirements and all laws, ordinances, rules and regulations of all governmental authorities and shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Lawsmanner. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required permit Landlord to inspect construction operations in connection with any alterations or additions to the Premises constructed by TenantWork. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated toallowed, condition without Landlord=s consent ’s reasonable approval, to any alterations perform such Work if such action results or additions to the Premises costing $10,000 would result in a labor dispute or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) otherwise would materially interfere withLandlord’s operation of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseFacility.
Appears in 1 contract
Samples: Lease (SoftBrands, Inc.)
Alterations. Tenant shall not makemake any changes, or suffer to be madeadditions, any improvements, alterations or additions other physical changes to the Demised Premises, the Building or any portions thereof, or any part thereof, of the systems therein or thereon (referred to collectively as "Alterations" and singly as an "Alteration") without the prior written consent of LandlordOwner in each instance, and in the event that Owner grants such consent, such Alteration shall be made in compliance with all Legal Requirements and performed in a manner and at such times as Owner reasonably designates and such Alterations or installations shall not, in any such additions to or alterations event, interfere with the use and operation of the PremisesBuilding by Owner or any tenant, except movable furniture and trade fixturesoccupant or user thereof. Without limiting the aforesaid, shall become at once a part Tenant agrees that (a) prior to any Alterations by Tenant or the installation of any of Tenant's equipment in the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Demised Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications of the planned Alteration or installation to Owner for Owner's approval, provided that in no event will Owner's approval of such plans be deemed a representation that they comply with applicable Legal Requirements, and will not cause interference with communication operations of Owner, or any tenant, user or occupant of the proposed alterations or additions. Any Building and any such alterations or additions approved by Landlord Alterations shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, made only in accordance with the plans and specifications approved by LandlordOwner, and (b) all contractors performing any Alterations, modification or maintenance work on behalf of Tenant at the Demised Premises or in accordance with all Applicable Laws. Tenant the Building shall be responsible for obtaining and complying with subject to the terms and provisions prior written approval of Owner prior to the commencement of such work, which approval shall not be unreasonably withheld. In the event Owner or its agents employ any permits independent architect or approvals required engineer to examine any plans or specifications submitted by Tenant to Owner in connection with any alterations proposed Alteration, Tenant agrees to pay to Owner a sum equal to any reasonable fees incurred by Owner in connection therewith. Nothing in this Lease shall be construed in any way as constituting the consent or additions request of Owner, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or material men, for the Premises constructed by Tenant. Tenant shall, promptly upon completion performance of any such alterations labor or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated furnishing of any material for any specific Alteration to, condition Landlord=s consent or repair of, the Demised Premises, the Building, or any part thereof. Any mechanic's or other lien filed against the Building, or the Real Property, for work claimed to any alterations have been done for, or additions materials claimed to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any casehave been furnished to, Tenant or any person claiming through or under Tenant or based upon any act or omission or alleged act or omission of Tenant or any such person shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred be discharged by Tenant, whether in connection with any alterations or additions to the Premises Tenant (by bond or otherwise) at Tenant's sole cost and expense, within twenty (20) days after the filing of such lien.
Appears in 1 contract
Samples: Lease (Vizacom Inc)
Alterations. Except as set forth on Exhibit "C" attached hereto, Tenant shall not makemake or cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or suffer to be madeshades or awnings, or make any alterations or additions other changes to the PremisesLeased Premises without first obtaining Landlord's written approval, or any part thereof, without the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, which approval shall become at once a part of the realty and belong to Landlordnot be unreasonably withheld. To the extent that Tenant shall desire to make any alterations or additions present to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for such work at the proposed alterations time approval is sought. In the event Landlord consents to the making of any alterations, additions, or additions. Any such alterations or additions approved improvements to the Leased Premises by Landlord Tenant, the same shall be constructed by a contractor selected made by Tenant but approved by Landlordat Tenant's sole cost and expense. All such work with respect to any alterations, additions, and changes shall be constructed done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the course of good such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and sufficient materials, in accordance with the plans and specifications approved by Landlord, and done strictly in accordance with all Applicable Lawslaws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall be responsible for obtaining and complying with have the terms and provisions same performed in such a manner as not to obstruct access to any portion of any permits or approvals required in connection with any alterations or additions to the Premises constructed by TenantBuilding. Tenant shallAny alterations, promptly upon completion of any such alterations additions, or improvements to or of the Leased Premises, including, but not limited to, wallcovering, paneling, and built- in cabinet work, but excepting movable furniture and equipment, shall at once become a part of the realty and shall be surrendered with the Leased Premises deliver unless Landlord otherwise elects at the end of the term hereof. Notwithstanding the above, decorating items shall not require notice to, or consent of Landlord. In the event Landlord does not respond to Landlord all as-built plans and specifications thereforTenant's written request for consent within ten (10) days, consent shall be deemed given. Landlord may, but shall not be obligated to, condition Landlord=s consent to charge any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisesupervisory fee for alterations.
Appears in 1 contract
Samples: Lease Agreement (Tenfold Corp /Ut)
Alterations. Tenant Lessee shall not makemake any improvements, alterations, additions, or suffer to be made, any alterations or additions changes to the Premises, or any part thereof, Premises without obtaining the prior written consent of Landlord, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to LandlordLessor. To the extent that Tenant shall desire If Lessee desires to make any alterations improvements, alterations, additions or additions changes to the Premises, Tenant Lessee shall submit to Landlord for Landlord=s review and approval, detailed furnish Lessor with plans and specifications for the proposed alterations or additionssame, together with a written bid from a licensed contractors reasonably acceptable to Lessor. Any such alterations or additions approved by Landlord All costs of construction shall be constructed borne by a contractor selected Lessee. Notwithstanding the foregoing, Lessee shall not make any improvements, alterations, additions or changes of any nature to the exterior or roof of the Premises. All alterations, additions or improvements installed in the Premises at any time, either by Tenant but approved Lessee or by LandlordLessor on behalf of Lessee, shall become the property of Lessor shall become the property of Lessor and shall remain upon and be constructed in a good and workmanlike manner and surrendered with the Premises unless Lessor, by notice to Lessee not later than twenty (20) days prior to the termination of good and sufficient materialsthis Lease, elects to have them removed by Lessee, in accordance with which event, the plans and specifications approved same shall be removed from the Premises by LandlordLessee forthwith at Lessee's expense. Nothing contained herein shall be construed to prevent Lessee's removal of trade fixtures, but upon removal of any such trade fixtures from the Premises, or upon removal of other installations as may be required by Lessor, Lessee shall immediately, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining at is expense, repair and complying with restore the terms Premises to the condition existing prior to installation and provisions of repair any permits or approvals required in connection with any alterations or additions damage to the Premises constructed due to such removal. All property permitted or required to be removed by Tenant. Tenant shall, promptly upon completion Lessee at the end of any such alterations or improvements to the term remaining in the Premises deliver to Landlord all as-built plans after Lessees removal shall be deemed abandoned and specifications therefor. Landlord may, but shall not at the election of Lessor, either be obligated to, condition Landlord=s consent to any alterations retained as Lessor's property or additions to may be removed from the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseLessor at Lessee's expense.
Appears in 1 contract
Samples: Lease (Austins Steaks & Saloon Inc)
Alterations. Tenant shall not make, or suffer Lessee intends to be made, any alterations or additions make certain improvements to the Premises, or any part thereof, without all of which shall be made pursuant to Section 16 of the prior written consent of LandlordLease, and in addition, prior to commencement of such construction, Lessee shall obtain Lessor’s approval of Lessee’s contractor (such approval not to be unreasonably withheld), and such contractor (prior to commencement of construction) shall provide Lessor with insurance certificates listing Lessor and Lessor’s property manager as additional insureds and certificate holders (such insurance to be of such types and in such amounts as are reasonably required by Lessor). Provided Lessee is not then in default of any such additions to or alterations of the Premisesterms, except movable furniture conditions and trade fixtures, shall become at once a part covenants of the realty and belong Lease, Lessor shall contribute up to Landlord. To $131,768.00 (the extent that “Tenant shall desire to make any Improvement Allowance”) toward the cost of Lessee’s additions, alterations or additions improvements to the Premisesinternal portions of the Premises (“Tenth Amendment Work”), Tenant shall submit such improvements to Landlord for Landlord=s review be performed by Lessee in accordance with the terms and approvalprovisions of this Lease. All work with respect to any addition, detailed plans and specifications for the proposed alterations alteration or additions. Any such alterations or additions approved improvement by Landlord Lessee shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed done in a good and workmanlike manner by properly qualified and licensed personnel. All such work shall be diligently prosecuted to completion and shall comply with applicable laws. Lessor is responsible for all costs of good demising the Excess Space from the remaining Premises including the costs of separating the utilities between the Excess Space and sufficient materialsthe remaining Premises. Upon Lessee’s presentation to Lessor, in accordance with the plans no later than November 1, 2008, of true and specifications approved by Landlordcorrect copies of construction contracts, copies of invoices, lien waivers, and such other documentation reasonably required by Landlord supporting the charges for completion of such Tenth Amendment Work, Lessor shall make payment(s) to Lessee’s contractor (or upon receipt of paid invoices from Lessee or such contractor, directly to Lessee) for such Lessee improvements (up to the amount of the Tenant Improvement Allowance) completed as set forth above. In the event that the total cost of the Tenth Amendment Work is less than the Tenant Improvement Allowance, Lessee may, at Lessee’s option, exercised by written notice to Lessor given no later than November 1, 2008, apply the unused portion of the Tenant Improvement Allowance, up to the amount of $18,728.64, to Lessee’s payment of rent next due. Except as otherwise set forth herein, Lessee shall not be entitled to a credit for any portion of the Tenant Improvement Allowance not used. Except as otherwise set forth herein, all costs of any Tenth Amendment Work in accordance with all Applicable Laws. excess of the Tenant Improvement Allowance shall be responsible for obtaining paid by Lessee promptly when due. Lessee acknowledges and complying with the terms and provisions of agrees that Lessor has no obligation to perform any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisewithin Tenth Amendment.
Appears in 1 contract
Samples: Lease (Urologix Inc)
Alterations. Tenant Lessee shall not makeat any time make any alteration, change, addition or suffer to be made, any alterations improvement (hereinafter collectively called alterations) in or additions to the Premises, structural or any part thereof, exterior of the premises without the prior written consent of LandlordLessor, and any which consent shall not be unreasonably withheld or delayed. Without Lessor's consent being required, Lessee may make such additions to or interior nonstructural alterations of the Premisesas Lessee may deem appropriate, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent provided that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any where such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlordare desired costing in excess of $20,000 in connection with any particular remodeling, shall be constructed in a good and workmanlike manner and Lessee will furnish copies of good and sufficient materials, in accordance with the plans and specifications approved by Landlordtherefor to Lessor prior to commencing such work. For purposes hereof, mechanical, electrical and plumbing systems shall be deemed "structural." In any event:
(a) the alterations shall be performed in a first class workmanlike manner at Lessee's sole expense, and in accordance with all Applicable Laws. Tenant shall not weaken or impair the structural strength or lessen the value of the premises, and shall be responsible for obtaining conducted in such manner as to cause a minimum of interference with other construction in progress and complying with the terms transaction of business in the Shopping Center. Lessee agrees to indemnify Lessor and provisions of hold Lessor harmless against any permits loss, liability or approvals required in connection with any damage resulting from such work; not to be unreasonably withheld or delayed (and deemed approved if not objected to by Lessor within fifteen (15) days after Lessor's receipt thereof);
(b) the alterations or additions shall be made according to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but which shall not be obligated tofirst submitted to and where required, condition Landlord=s consent to approved in writing by Lessor;
(c) before the commencement of work on any alterations or additions to alterations, such plan and specifications shall be approved by all governmental authorities having jurisdiction and any public utility company having an interest in the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent alterations; and
(150%d) of before the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out commencement of any alterations, lessee shall pay the amount of any increase in premiums on insurance policies for endorsement covering the risk during work performedon the alterations, material furnishedand workmen's compensation insurance, or obligation incurred by Tenantif any, whether covering all persons employed in connection with any alterations or additions to the Premises or otherwise.that work. All alterations, improvements and fixtures (including, without limitation, all floor coverings and all heating and air conditioning equipment but excluding lessee's unattached, readily movable furniture and office 140
Appears in 1 contract
Alterations. Except as set forth on Exhibit A, attached hereto, Tenant shall not makemake or cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or suffer shades or awnings, or make any other changes to the Premises without first obtaining Landlord’s written approval. Such approval shall not be madeunreasonably withheld. Tenant shall present to Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, or improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense. All such work with respect to any alterations alterations, additions, and changes shall be done in a first-class and workmanlike manner and diligently completed so that, expect as absolutely necessary during the course of such work, the Premises shall at all times be a complete operating unit. Any such alerations, additions, or additions changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall have the same performed in such a manner as not to obstruct access to any portion of the Building. Any alterations, additions, or improvements to the Premises, or any part thereofincluding, without the prior written consent of Landlordbut not limited to, wall covering, paneling, and any such additions to or alterations of the Premises, except movable furniture and trade fixtures, built-in cabinet work shall become at once become a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance surrendered with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with Premises unless Landlord otherwise elects at the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) end of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseterm hereof.
Appears in 1 contract
Alterations. a. Tenant shall not makemake no alterations, additions or suffer to be made, any alterations improvements in or additions to the Premises, or any part thereof, Premises without the Landlord's prior written consent of consent,* and then only by contractors or mechanics approved by Landlord, ; such consents and any such additions to approvals by Landlord shall not be unreasonably withheld or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, delayed Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for any proposed alterations, additions or improvements to the proposed alterations Premises, and may not make such alterations, additions or additionsimprovements until Landlord has approved of such plans and specifications. Any Tenant shall construct such alterations alterations, additions or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, improvements in accordance with the plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without Landlord's prior written consent. If the proposed change requires the consent or approval of any lessor of a superior lease, or the holder of a mortgage encumbering the Premises, such consent or approval must be secured prior to the construction of such alteration, addition or improvement and Landlord agrees to cooperate in accordance obtaining any such consent or approval. 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 or facilities. 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 Applicable Laws. work done by Tenant shall be responsible for obtaining performed in full compliance with all laws, rules, orders, ordinances, regulations and complying requirements of all governmental agencies, offices and boards having jurisdiction, and in full compliance with the terms rules, regulations and provisions requirements of the Insurance Service Office, and of any permits or approvals required in connection with similar body. Before commencing any alterations or additions to the Premises constructed by Tenant. work, Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to shall give Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent at least ten (150%10) of the estimated cost days written notice of the proposed alterations or additions to the Premises. In any casecommencement of such work and shall, Tenant shall keep the Premises free from any liens arising out of any work performedif required by Landlord, material furnished** secure at Tenant's own *unless such alterations, additions, or obligation incurred by Tenantimprovements are less than a cost of Five Thousand and No/100 Dollars ($5,000.00), whether **and other than for the work described in connection with any alterations or additions to the Premises or otherwise.Work Letter Agreement of even date herewith
Appears in 1 contract
Samples: Office Building Lease (Stac Inc)
Alterations. Tenant Lessee shall maintain Leased Premises and every part thereof in good repair and condition, damage thereto by fire, windstorm, Acts of God, or the elements excepted. Lessee shall not make, make or suffer to be mademade any alterations, any alterations additions or additions improvements to or of the Premises, Leased Premises or any part thereof, thereof without the prior written consent of LandlordLessor. In the event Lessor consents to the proposed alterations, additions or improvements, the same shall be at the Lessee's cost and any such additions to or alterations expense and Lessee shall hold the Lessor harmless on account of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additionscost thereof. Any such alterations or additions approved by Landlord shall be constructed made at such times and in such manner as not to unreasonably interfere with the occupation, use and enjoyment of the remainder of the building by a contractor selected other tenants thereof. If required by Tenant but approved by LandlordLessor, such alterations shall be constructed in a good removed by Lessee upon the expiration or sooner termination of the term of the Lease and workmanlike manner Lessee shall repair damage to the premises caused by such removal, all at Lessee's costs and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Lawsexpense. Tenant shall be responsible for obtaining and complying with the terms and provisions Lessee agrees not to suffer or permit any lien of any permits mechanic or approvals required in connection with any alterations materialman to be placed or additions to filed against the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations Project or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Leased Premises. In case any casesuch lien shall be filed, Tenant Lessee shall keep immediately satisfy and release such lien of record. If Lessee shall fail to have such lien immediately satisfied and released of record. Lessor may, on behalf of Lessee, without being responsible for making any investigation as to the Premises free from validity thereof, pay the amount of said lien and Lessee shall promptly reimburse Lessor therefor. Lessee has no authority or power to cause or permit any liens arising out lien or encumbrance of any work performedkind whatsoever whether created by act of Lessee, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises operation of law or otherwise, to attach to or be placed upon Lessor's title or interest in the Property, and any and all liens and encumbrances created by Lessee shall be attached to Lessee's leasehold interest only.
Appears in 1 contract
Alterations. Tenant Lessee shall not make, make or suffer to be mademade any alterations, any alterations additions or additions improvements to or of the Premises, Leased Premises or any part thereof, thereof without the prior written consent of LandlordLessor. In the event Lessor consents to the proposed alterations, additions or improvements, the same shall be at the Lessee’s cost and any such additions to or alterations expense and Lessee shall hold the Lessor harmless on account of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additionscost thereof. Any such alterations or additions approved by Landlord shall be constructed made at such times and in such manner as not to unreasonably interfere with the occupation, use and enjoyment of the remainder of the Project by a contractor selected the other tenants thereof. If required by Tenant but approved by LandlordLessor, such alterations shall be constructed in a good removed by Lessee upon the expiration or sooner termination of the term of this Lease and workmanlike manner Lessee shall repair damage to the Leased Premises caused by such removal, all at Lessee’s cost and expense. Xxxxxx agrees not to suffer or permit any lien of good any contractor, supplier mechanic or materialman to be placed or filed against the Project or the Leased Premises. In case any such lien shall be filed, Lessee shall immediately satisfy and sufficient materialsrelease such lien of record. If Xxxxxx shall fail to have such lien immediately satisfied and released of record, in accordance with Lessor may, on behalf of Xxxxxx, without being responsible for making any investigation as to the plans and specifications approved by Landlordvalidity thereof, pay the amount of said Xxxx or to bond the same off, and Xxxxxx shall promptly reimburse Lessor therefor. Lessee has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever whether created by act of Lessee, operation of law or otherwise, to attach to or be placed upon Xxxxxx’s title or interest in accordance with the Property, and any and all Applicable Laws. Tenant liens and encumbrances created by Lessee shall be attached to Xxxxxx’s leasehold interest only. For the avoidance of doubt, nothing in this Lease is to be construed as consent on the part of Lessor to subject Xxxxxx’s estate in the Leased Premises or the Project to any lien or liability for any improvements made by Lessee under any jurisdiction in which the Leased Premises or Project is located. PURSUANT TO §713.10, FLORIDA STATUTES, THE INTEREST OF THE LESSOR SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY LESSEE. Lessee shall not and does not have any right or authority under the Lease to subject Lessor’s estate in the Leased Premises or the Project to any lien or liability and Lessee shall not represent that it has such right or authority. This Lease contains no provision authorizing present or future work or improvements by Lessee without Xxxxxx’s consent. In all events, unless otherwise provided herein, this Lease provides that Lessee is solely responsible for obtaining and complying with payment of the terms and provisions entire cost of any permits or approvals required in connection with and all leasehold improvements. Lessee shall notify each contractor, supplier, mechanic and materialman making any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Leased Premises deliver the content of the capitalized provision above. Lessee hereby acknowledges that it understands that, pursuant to Landlord all asthe above-built plans referenced statute, the knowing or willful failure of Lessee to provide such notice to the contractor shall render the contract between the Lessee and specifications thereforthe contractor, supplier, mechanic and materialman voidable. Landlord mayLessor be permitted to record in the record of the county where the Leased Premises are located, without the requirement of Xxxxxx’s signature (but Lessee shall not be obligated execute on Lessor’s request), a memorandum of this Lease sufficient to secure Lessor’s rights under Fla. Stat. §713.10 and to notify the public with regard to, condition Landlord=s consent or secure, other matters relating to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisethis Lease which are for Lessor’s benefit.
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Alterations. Tenant shall will not makemake or permit anyone to make any alterations, decorations, additions or suffer improvements, structural or otherwise, in or to the Demised Premises or the Building without the prior written consent of Landlord. As a condition precedent to such written consent of Landlord, Tenant agrees to obtain and deliver to Landlord written and unconditional waivers of mechanics’ liens upon the real property of which the performed, and materials to be madeunconditional waivers of mechanics’ liens upon the real property of which the Demised Premises are a part, for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, material men and laborers to become involved in such work. If notwithstanding the foregoing, any alterations or additions to mechanics’ lien is filed against the Demised Premises, or the real property of which the Demised Premises are a part, for work claimed to have been done for, or materials claimed to have been furnished to, Tenant, such mechanics’ lien shall be discharged by Tenant within ten (10) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by filing any part thereofbond required by law. If Tenant shall fail to discharge any such mechanics’ lien, Landlord may, at its option, discharge the same and treat the cost thereof as additional rent payable with the monthly installment of rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by Landlord shall not be deemed to waive, or release the default of Tenant in not discharging the same. Tenant will indemnify and hold Landlord harmless from and against any and all expenses, liens, claims or damages to person or property which may or might arise by reason of the making of any such alterations, decorations, additions or improvements. If any such alteration, decoration, addition or improvement is made without the prior written consent of Landlord, Landlord may correct or remove the same, the Tenant shall be liable for any and any such all expenses incurred by Landlord in the performance of this work. All alterations, decorations, additions or improvements in or to the Demised Premises or alterations the Building made by either party shall immediately become the property of Landlord and shall remain upon and be surrendered with the Demised Premises as a part thereof at the end of the Premisesterm hereof without disturbance, except movable furniture and trade fixturesmolestation or injury; provided, shall become at once a part however, that if Tenant is not in default in the performance of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premisesof its obligations under this Lease, Tenant shall submit have the right to remove, prior to the expiration or termination of the term of this Lease, all movable furniture, furnishings or equipment installed in the Demised Premises at the expense of Tenant, and if such property of Tenant is not removed by Tenant prior to the expiration or termination of this Lease, the same shall become the property of Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance surrendered with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Demised Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of as a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwisepart thereof.
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Samples: Lease Agreement (Tvi Corp)
Alterations. Tenant shall not makemake any structural alterations, changes, additions or suffer to be made, any alterations improvements in or additions to the Premises, or any part thereof, Premises without the prior written consent of Landlord, and any such additions to which consent shall not be unreasonably withheld, conditioned or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlorddelayed. To the extent that Tenant shall desire to make any alterations or additions Prior to the Premisescommencement of any work requiring Landlord’s consent, Tenant shall submit to Landlord for Landlord=s review and approval, detailed its approval plans and specifications therefor and shall cause Landlord’s bonding, insurance and other requirements of the contractor performing such work to be satisfied. Tenant shall discharge, by bond or otherwise, within thirty (30) days of its receipt of written notice of any filing thereof, any mechanics’ lien or other lien for payment of money arising out of any labor or material furnished to or for Tenant at the proposed alterations Premises by reason of any alteration, change, addition or additionsimprovement by Tenant. Any such alterations or additions work approved by Landlord in accordance herewith shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed done in a good and workmanlike manner and with the use of good grades of materials. With the exception of Tenant’s furniture, equipment and sufficient materialsmovable trade fixtures, all alterations, improvements, additions and installations to or on the Premises shall become part of the Premises at the time of their installation and shall remain in accordance with the plans and specifications approved by LandlordPremises at the expiration or termination of this Lease or termination of Tenant’s right of possession of the Premises without compensation or credit to Tenant. However, and in accordance with all Applicable Lawsat the expiration or termination of this Lease, Tenant shall remove such improvements as Landlord requests and, upon Tenant’s failure to do so, Landlord may remove such improvements. Tenant shall be responsible reimburse Landlord for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly cost thereof upon completion of any such alterations or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwise’s demand.
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Alterations. Tenant 1. Lessee shall not make, make or suffer cause to be mademade any material alterations, any alterations additions, changes or additions improvements to the Premises, or any part thereof, Premises without the prior written consent of Landlord, and Lessor. In the event lessor approves any such additions to or alterations of the Premisesalterations, except movable furniture and trade fixturesadditions, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion of any such alterations changes or improvements to the Premises deliver to Landlord premises, such alterations, additions, changes or improvements will be performed at the sole expense of Lessee. Unless otherwise agreed upon in writing by lessor, at the termination of this Lease, Lessee shall, if Lessor so elects, remove all as-built plans alterations, additions or improvements erected by lessee and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to restore the Premises costing $10,000 or more upon Tenant=s delivery of to their original condition. All such removals and restorations shall be accomplished in a lien good workmanlike manner and completion bond in an amount equal to one hundred fifty percent (150%) shall conform with the general quality and style of the estimated cost Building. If Lessor does not elect to have Lessee make such removals, all alterations, additions or improvements made in or upon the Premises, either by Lessee or Lessor, shall be Lessor's property and shall remain upon the premises at the termination of the proposed alterations term of this Lease, by lapse of time or additions otherwise without compensation to the PremisesLessee.
2. In any case, Tenant Lessee shall keep the Premises free of any mechanic's lien or encumbrance due to Lessee's alterations, additions, removals or improvements. Lessee agrees to indemnify and hold Lessor or its assigns harmless from any liens arising out liability resulting from all alterations, additions, changes or improvements performed on the Premises at the instance of Lessee.
3. Neither Lessee, nor any work performedagent, material furnishedemployee or independent contractor of Lessee shall, under any circumstances, puncture, cut tear or obligation create any opening in the roof, foundation or exterior wall structures for any reason, either by intent or accident. If the same occurs, Lessee shall be responsible for the immediate total cost and repair to place the structure back to its original condition. Lessee shall commerce repair within five (5) days of said damage and shall thereafter diligently and continuously proceed with such repair until completion. In the event said repair is not so commenced and completed, Lessor may, but is not obligated to, enter the Premises and conduct or complete said repair at Lessee's sole cost. Any expense so incurred by Tenant, whether in connection with any alterations or additions Lessor shall constitute Additional Rent hereunder and be due and payable within fifteen (15) days of receipt of a notice from Lessor as to the Premises or otherwiseamount of said expense.
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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, make or suffer to be mademade any alterations, additions, or improvements, including, but not limited to, the attachment of any alterations fixtures or additions equipment in, on, or to the Premises, Premises or any part thereofthereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord, and any . When applying for such additions to or alterations of the Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premisesconsent, Tenant shall submit to Landlord for shall, if requested by Landlord=s review and approval, detailed furnish complete plans and specifications for such alterations, additions and improvements. Xxxxxxxx’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the proposed alterations exterior of the Building, and (iii) do not affect or additionsrequire modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems. Any In addition, Tenant shall have the right to perform, with prior written notice to but without Landlord's consent, any alteration, addition, or improvement that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such alterations as painting, wallpapering, hanging pictures and installing carpeting; (2) is not visible from the exterior of the Premises or additions approved by Landlord Building; (3) will not affect the systems or structure of the Building; (4) costs less than $75,000.00 in the aggregate during any twelve (12) month period of the Term of this Lease, and (5) does not require work to be performed inside the walls or above the ceiling of the Premises. However, even though consent is not required, the performance of Cosmetic Alterations shall be constructed subject to all of the other provisions of this Article 6.
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 selected by Tenant but reasonably approved by Landlord, in either event at Xxxxxx’s sole cost and expense. If Tenant shall be constructed in a good employ any contractor other than Landlord’s contractor and workmanlike manner and such other contractor or any subcontractor of good and sufficient materialssuch other contractor shall employ any non-union labor or supplier, in accordance with the plans and specifications approved by Landlord, and in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the terms hold Landlord harmless from any and provisions all delays, damages and extra costs suffered by Landlord as a result of any permits dispute with any labor unions concerning the wages, hours, terms or approvals required conditions of the employment of any such labor. In any event, Landlord may charge Tenant a construction management fee not to exceed three percent (3%) of the cost of such work to cover its overhead as it relates to such proposed work (the foregoing construction management fee shall not apply to the Initial Alterations performed by Landlord in accordance with Exhibit B to this Lease nor to the Approved Alterations as defined in Section 7 of Exhibit B to this Lease), 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 Xxxxxxxx’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all 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.
6.4 Notwithstanding anything to the contrary contained herein, so long as Xxxxxx’s written request for consent for a proposed alteration or improvements contains the following statement in large, bold and capped font “PURSUANT TO ARTICLE 6 OF THE LEASE, IF LANDLORD CONSENTS TO THE SUBJECT ALTERATION, LANDLORD SHALL NOTIFY TENANT IN WRITING WHETHER OR NOT LANDLORD WILL REQUIRE SUCH ALTERATION TO BE REMOVED AT THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE.”, at the time Landlord gives its consent for any alterations or additions improvements, if it so does, Tenant shall also be notified whether or not Landlord will require that such alterations or improvements be removed upon the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary contained in this Lease, at the expiration or earlier termination of this Lease and otherwise in accordance with Article 26 hereof, Tenant shall be required to remove all alterations or improvements made to the Premises constructed by Tenant. Tenant shall, promptly upon completion of except for any such alterations or improvements which Landlord expressly indicates or is deemed to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but have indicated shall not be obligated to, condition Landlord=s consent required to any be removed from the Premises by Tenant. If Xxxxxx’s written notice strictly complies with the foregoing and if Landlord fails to so notify Tenant whether Tenant shall be required to remove the subject alterations or additions to improvements at the Premises costing $10,000 expiration or more upon Tenant=s delivery earlier termination of a lien and completion bond in an amount equal to one hundred fifty percent (150%) this Lease, it shall be assumed that Landlord shall require the removal of the estimated cost of the proposed subject alterations or additions to the Premises. In any case, Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant, whether in connection with any alterations or additions to the Premises or otherwiseimprovements.
Appears in 1 contract
Samples: Lease Agreement
Alterations. A. Tenant shall will not make, make or suffer allow to be mademade any alterations, any alterations additions and improvements including, but not limited to, painting, in or additions to the Premises, or any part thereof, Demised Premises without the prior written consent of Landlord, and any which shall not be unreasonably withheld. Landlord may impose, as a condition to consent, such additions to requirements as Landlord in its sole discretion may deem reasonable or alterations desirable, including, without limiting the generality of the Premisesforegoing, except movable furniture requirements as to the manner in which, the time or times at which, and trade fixturesthe contractor by whom such work shall be done as well as requiring Tenant to provide a completion bond.
B. Any alterations, shall become at once a part of additions, or improvements made to the realty and belong to Landlord. To the extent that Demised Premises by Tenant shall desire be surrendered to make any alterations Landlord and become the property of Landlord upon termination of this Lease. If prior to termination of this Lease, or additions within fifteen (15) days thereafter, Landlord so directs by written notice to the PremisesTenant, Tenant shall submit to Landlord for Landlord=s review and approvalpromptly remove any alterations, detailed plans and specifications for additions, or improvements, placed in or on the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected Demised Premises by Tenant but approved that are designated in said notice and shall repair any damage caused by Landlordsuch removal and in default thereof Landlord may effect said removals and repairs at Tenant's expense. This clause shall not apply to movable non-attached fixtures of Tenant.
C. All work with respect to alterations, shall additions, and improvements must be constructed done in a good and workmanlike manner and of good diligently prosecuted to completion.
D. Any alterations, additions and sufficient materials, improvements shall be completed strictly in accordance with the plans laws and specifications approved by Landlordordinances relating thereto, and in accordance with the requirements of all Applicable Lawscarriers of insurance on the Demised Premises and the Board of Underwriters, Fire Rating Bureau, or similar organization. Tenant shall be responsible for obtaining obtain, at its sole cost and complying with expense, all required licenses and permits. In performing the terms and provisions of any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, promptly upon completion work of any such alterations alterations, additions or improvements to the Premises deliver to Landlord all as-built plans and specifications therefor. Landlord may, but shall not be obligated to, condition Landlord=s consent to any alterations or additions to the Premises costing $10,000 or more upon Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the estimated cost of the proposed alterations or additions to the Premises. In any caseimprovements, Tenant shall keep have the work performed in such a manner so as not to obstruct the access to the Building of any other tenant.
E. Before commencing any work or construction in or about the Demised Premises, Tenant shall notify Landlord in writing of the expected date of commencement and completion thereof. Landlord shall have the right at any time and from time to time to post and maintain on the Demised Premises free such notices as Landlord deems necessary to protect the Building, the Demised Premises and Landlord from the liens of mechanics, laborers, materialmen, suppliers or vendors.
X. Xxxxxx has no authority to and shall not create any liens for labor or material on or against the Building, the Demised Premises or any interest therein. Xxxxxx agrees to notify any materialman, supplier, contractor, mechanic, or laborer involved with work on the Demised Premises at Tenant's request that they must look only to Tenant or Xxxxxx's other property interests. All materialmen, suppliers, contractors, mechanics and laborers may be put on notice of this Section by the recordation, at Landlord's option, of a memorandum of this Lease in the Clerk’s Office of the Circuit Court of Xxxxxxxxxx County, Virginia and Tenant shall promptly execute and acknowledge such a memorandum if requested to do so by Landlord. Tenant shall require from any liens arising out and all materialmen, suppliers, contractors, mechanics, laborers and subcontractors that they deliver to Tenant duly executed waivers of lien with respect to Landlord's interest prior to the commencement of any work thereon or in the Demised Premises.
G. Notwithstanding the foregoing, if by reason of any construction, alteration, repair, labor performed, material furnished, or obligation incurred by materials furnished to the Demised Premises for or on behalf of Tenant, whether any mechanic's or other lien shall be filed, claimed, perfected or otherwise established as provided by laws against the Building or the Demised Premises, Tenant shall discharge or remove the lien by bonding or otherwise within fifteen (15) days after Tenant receives notice of the filing of same. Nothing contained herein shall authorize Tenant to create any liens for labor or materials on or about Landlord's interest in connection with any alterations the Building or additions to the Demised Premises or otherwiseany portion thereof.
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