Changes and Alterations. Except as otherwise explicitly set forth herein, Tenant shall have no authority, without the express written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed provided that: (a) if the improvement involves a sign or will otherwise be visible from the exterior then the improvement must be compatible with the architectural and aesthetic qualities of the Leased Premises and the Site; and (b) the improvement must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premises; and (c) the change, when completed will not materially adversely affect the value of the Leased Premises or the Site; and (d) Tenant demonstrates to Landlord’s satisfaction that the improvement will be made in accordance with applicable legal requirements using good quality materials and good quality construction practices and will not result in any liens on the Leased Premises; and (e) as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and (f) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlord, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. Tenant shall have the right to make minor alterations from time to time in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all of such work conforms to all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is made.
Appears in 4 contracts
Samples: Lease Agreement (Valeritas Inc), Lease Agreement (Valeritas Inc), Lease Agreement (Valeritas Holdings Inc.)
Changes and Alterations. Except as otherwise explicitly set forth hereinSection 19.1 Tenant may, at any time and from time to time during the term of this Lease, and at its sole cost and expense, make additions to, alterations of, substitutions and replacements for, and removals from the improvements; provided, however, that (i) the total market value of the Demised Premises shall not be lessened by reason of such alteration, addition, substitution, replacement or removal, (ii) any of the foregoing actions shall be done in good and workmanlike manner, all such additions, alterations, substitutions, replacements and removals shall be expeditiously completed in compliance with all laws, ordinances, orders, rules, regulations and requirements applicable thereto, and (iv) if Tenant estimates that any such addition, alteration, substitution or replacement will cost more than Fifteen Thousand and No/100 ($15,000.00) Dollars, Tenant shall have no authoritygive to Landlord notice of its intention to undertake the same, without and obtain the express specific written consent of Landlord thereto. All work done in connection with such additions, alterations, substitutions, replacements or removals shall be done in accordance with the orders, rules, and regulations of the National Board of Fire Underwriters, or any other body hereafter constituted exercising similar functions; general public liability insurance for the benefit of Landlord and of Tenant, as their interests may appear, with the coverage described in Article V of this Lease shall be maintained by Tenant at all times when any work is in process in connection with any additions, alterations, substitutions, replacements or removals. Tenant shall promptly pay for all such additions, alterations, substitutions, replacements or removals to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Demised Premises, except that shall discharge any and all liens filed against the Demised Premises, and any improvements thereon arising out of such additions, alterations, substitutions, replacements or removals, and upon the request of Landlord shall deposit with Lessor a surety bond or other security reasonably satisfactory to Landlord to assure the completion of any such additions, alterations, substitutions, replacements or removals. Tenant shall have procure and pay for all required permits, certificates and-licenses in connection with such authorityadditions, without the consent alterations, substitutions, replacements or removals.
Section 19.2 Upon receipt of Landlord’s prior written approval and subject to any conditions to such approval, Tenant may, at any time and from time to build substructures; addtime at its sole cost and expense, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to locate upon the Leased Demised Premises any other additional buildings, structures and do such other things as are appropriate to comply improvements upon compliance with the obligations imposed on Tenant under other provisions same terms and conditions as set forth in Section 19.1 hereof. All such buildings, structures and improvements erected or located upon the Demised Premises shall be and remain the property of this LeaseLandlord. Except as otherwise outlined hereinIf, however, Tenant shall not construct or permit any alterationsbe in default under this Lease, installations, additions or improvements including any interior or exterior signs (“Alterations”) to it may remove the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed provided that:
(a) if the improvement involves a sign or will otherwise be visible same from the exterior then Demised Premises within thirty (30) calendar days after the improvement must be compatible with the architectural and aesthetic qualities expiration or sooner termination of the Leased Premises and the Site; and
(b) the improvement must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premises; and
(c) the change, when completed will not materially adversely affect the value of the Leased Premises or the Site; and
(d) Tenant demonstrates to Landlord’s satisfaction that the improvement will be made in accordance with applicable legal requirements using good quality materials and good quality construction practices and will not result in any liens on the Leased Premises; and
(e) as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(f) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlord, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. Tenant shall have the right to make minor alterations from time to time in the interior of the Leased Premises without obtaining Landlord’s prior written consent thereforthis Lease, provided that all such removal shall not cause structural injury to the remaining buildings, structures and improvements, nor prevent the use thereof as an economic unit, and provided further that Tenant shall pay the cost of such work conforms to all removal and shall repair at its sole cost and expense any damage caused by such removal. Property not so removed shall become the property of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is made.
Appears in 2 contracts
Samples: Lease Agreement (Accentia Biopharmaceuticals Inc), Lease Agreement (Biovest International Inc)
Changes and Alterations. Except as otherwise explicitly set forth hereinDuring the Term of this Agreement, Tenant Sublessee shall have no authoritynot make any change, alteration or addition to the Premises (collectively, the "Improvements") that would materially alter the function or exterior appearance of the Premises, without the express prior written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Leasethe· Lessor. Except as otherwise outlined hereinset forth in this Agreement, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to all Improvements and Alterations may be made at the Leased Premises or sole cost and expense of Sublessee and must comply with all of the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed provided thatfollowing:
(a) if The Improvements and Alterations may not materially impair the improvement involves a sign value or will otherwise be visible from the exterior then the improvement must be compatible with the architectural and aesthetic qualities structural integrity of the Leased Premises and the Site; andPremises.
(b) the improvement The Improvements and Alterations must be non-structural and have no effect on necessary for the plumbing, heating (and cooling), mechanical, electrical or other systems or services in operation of the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premises; andBusiness.
(c) the changeNo Improvements or Alterations may be undertaken until Sublessee has obtained all required permits and authorizations of any federal, when completed will not materially adversely affect the value state or local government or departments or subdivisions of the Leased Premises or the Site; andany of them, having jurisdiction.
(d) Tenant demonstrates to Landlord’s satisfaction that the improvement will The Improvements and Alterations must be made in a good and workmanlike manner and in accordance with all applicable legal requirements using good quality materials permits and good quality construction practices and will not result in any liens on the Leased Premises; andall Applicable Laws.
(e) as soon as such work is completedDuring the construction of any Improvements in, Tenant to or of, the Premises, or the permitted demolition or new construction or any restoration, Sublessee shall comply with the insurance requirements set forth in Section 8.2, which policy or policies by endorsement thereto, if not then covered, will have prepared also insure any change, alteration or addition or new construction, including all materials and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; andequipment incorporated in, on or about the Premises.
(f) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing Prior to commencement of any workconstruction, and if requested by Landlordchange, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. Tenant alteration or repair, Sublessee shall have deliver to the right to make minor alterations from time to time in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all of such work conforms to all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) Lessor not later than 30 ten (10) business days after each such alteration is madewritten notice of the proposed work, a general description of the proposed work and sufficient information to permit the Lessor to post a notice of no responsibility on the Premises.
Appears in 2 contracts
Samples: Sublease Agreement, Sublease Agreement
Changes and Alterations. Except as otherwise explicitly set forth hereinProvided no Event of Default has occurred and is continuing, Tenant shall have no authority, without the express written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove may at its sole cost and expense make changes and alterations (both structural and non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”structural) to the Leased improvements located on the Premises or any part thereof, as the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approvalTenant shall deem necessary or desirable, which approval such changes and alterations shall not be unreasonably withheld or delayed provided thatmade in all cases subject to the following conditions which Tenant covenants hereby to observe and perform:
(a) if the improvement involves a sign No change or will otherwise alteration shall be visible from the exterior then the improvement must be compatible undertaken until Tenant shall have procured and paid for all applicable permits and authorizations required with the architectural respect to such change or alteration by any applicable municipal, county, state and aesthetic qualities other governmental permits and authorizations of the Leased entity having jurisdiction over the Premises and such changes and alterations and Landlord hereby agrees, at no cost to Landlord, to join in the Site; andapplication for such permits or authorization whenever such action is necessary;
(b) the improvement must No structural change or alteration shall be non-structural undertaken until detailed plans and specifications have first been submitted to Landlord and have been approved in writing by the Landlord. Once approved, no effect on changes to such structural plans and specifications may be made without the plumbingprior written consent of Landlord, heating (and cooling), mechanical, electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must which consent to such changes shall not be entirely within the Leased Premises; andunreasonably withheld;
(c) No changes or alterations involving an estimated cost of more than $500,000.00 ("Significant Alterations") shall be undertaken until either (i) Tenant shall have furnished to Landlord, at Tenant's sole cost and expense, a bond on which Tenant shall be the changeprincipal, and a surety company authorized to do business in the state of Virginia and reasonably satisfactory to Landlord shall be surety, and in form and content reasonably satisfactory to Landlord, conditioned upon the completion of and payment in full for such changes or alterations within a reasonable time, subject, however, to delays occasioned by strikes, lockouts, acts of God, inability to obtain labor or materials, governmental restrictions or similar causes beyond the control of Tenant, or (ii) Tenant shall have deposited with a national bank or title insurance company chosen by Landlord, subject to the consent of Tenant which shall not be unreasonably withheld, conditioned or delayed, to serve as escrow agent (the "Escrow Agent") a sum sufficient to pay the entire cost of such change or alteration as estimated by the architect or engineer under whose supervision the work is to be conducted, under an agreement whereby the Escrow Agent shall from time to time pay out sums upon the written request of Tenant, which shall be accompanied by a certificate of the architect or engineer in charge of the work, stating (x) that the sum requested is justly due to the contractors, subcontractors, material suppliers, laborers, engineers, architects or other persons, firms or corporations rendering services or materials for such changes or alterations, or is justly required to reimburse Tenant for expenditures made by Tenant in connection with such changes or alterations, and when completed will added to all sums previously paid by the Landlord does not materially adversely affect exceed the value of the Leased work done to the date of such certificates; and (y) that the remaining funds so deposited by Tenant with the Escrow Agent will be sufficient upon completion of such work to pay for the same in full and, upon submission of proof reasonably satisfactory to Landlord that the work has been paid for in full, turn over to Tenant the balance of the funds so deposited by Tenant with Escrow Agent, with interest, to the extent any has been earned on such deposit. Tenant shall also furnish Landlord at the time of any such request for payment with an official title search, endorsement to title insurance commitment or other title examination satisfactory to Landlord, that there has not been filed with respect to the Premises any mechanics or other lien which has not been discharged of record or bonded off in respect of any work, labor, services or materials performed, furnished or supplied, or claimed to have been performed, furnished or supplied, in connection with any such work. Escrow Agent shall not be required to pay out any such sum when the Site; andPremises shall be encumbered with any such lien, unless the lien has been discharged from the Premises by bonding or otherwise and no longer encumbers the Premises.
(d) Tenant demonstrates All Significant Alterations shall be conducted under the supervision of an architect or engineer and performed by a contractor, each of whom shall be licensed by all applicable authorities, insured to the reasonable satisfaction of Landlord and otherwise acceptable to Landlord in Landlord’s satisfaction that the improvement will be made in accordance with applicable legal requirements using good quality materials and good quality construction practices and will not result in any liens on the Leased Premises; and's reasonable discretion.
(e) All changes and alterations when completed shall be of a character as soon not to reduce, or otherwise adversely affect, the then-existing value of the Premises, nor to reduce the square footage of the Premises, nor change the character of the improvements as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; andthe use thereof.
(f) Tenant will comply All work done in connection with any change or alteration shall be done promptly and in a good and workmanlike manner and in compliance with all applicable building, zoning and other laws of the jurisdictions in which the Premises are located and with all applicable laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments and the appropriate departments, commissions, boards and officers thereof, and in accordance with the applicable orders, rules and regulations of the Board of Fire Underwriters where the Premises are situated or requirements reasonably promulgated any other body exercising similar functions; the cost of any such change or alteration shall be paid in cash so that the Premises shall at all times be free of liens for labor and materials supplied or claimed to have been supplied to the Premises. The work of any change or alteration shall be prosecuted with reasonable dispatch, delays due to strikes, lockouts, acts of God, inability to obtain labor or materials, governmental restrictions or similar causes beyond the control of Tenant excepted. Tenant shall maintain or cause its contractors to maintain, (and, with respect to all Significant Alterations, deliver to Landlord within thirty (30) days after notice from Landlord requesting evidence of such insurance), the following insurance with respect to such work, which insurance shall be maintained by Landlord such contractors (or, at Tenant's option, by Tenant) at all times when any work is in process in connection with any change or alteration: (i) xxxxxxx'x compensation insurance to the extent required by law (which may, to the extent permitted by law, be maintained by Tenant in lieu of the contractor) covering all persons employed in connection with the doing of any workwork and with respect to whom death or injury claims could be asserted against Landlord, Tenant or the Premises, and if requested (ii) general liability insurance for the mutual benefit of Tenant and Landlord (which may, to the extent permitted by law, be maintained by Tenant in lieu of the contractor) in accordance with Section 12.01(i); without limiting the foregoing, with respect to changes or alterations which are not Significant Alterations, Tenant's insurance coverage covering the aforesaid risks shall be satisfactory evidence of compliance with this requirement. All such insurance shall be in a company or companies authorized to do business in the state of Virginia and reasonably satisfactory to Landlord, and all such policies shall be delivered endorsed "premium paid" by the company or agency issuing the same or with other commercially reasonable evidence of payment of the premium reasonably satisfactory to Landlord.
(g) All improvements and alterations (other than Trade Fixtures) made or installed shall immediately upon completion of installation thereof be and become the property of Landlord without payment therefor by Landlord, Tenant will obtain and maintain Builder’s Risk insurance shall be surrendered to Landlord upon expiration or sooner termination of the initial Term or any extension Term of this Lease.
(h) Anything in connection with such work. this Lease to the contrary notwithstanding, Tenant shall have not be obligated at the right to make minor alterations from time to time in the interior end of the Leased initial Term or any extension Term of this Lease to remove, change or restore to their original condition any improvements, changes or alterations to the Premises without obtaining Landlord’s prior written consent therefor, provided permitted hereby. To the extent that all any covenant of such work conforms this Lease requires restoration to all the state of the above requirements in all respects (except for Premises as of the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord)date hereof, and further provided that as to such permitted improvements, changes or alterations, Tenant provides Landlord shall be obligated at the end of the initial Term or extension Term of this Lease to restore such permitted improvements, changes or alterations to substantially their condition as of the later of the date hereof or the date of the completion of their construction or installation pursuant to the terms of this Article VI, in accordance with a written description of such work (the standards, subject to the provisions and such other data as Landlord may request) not later than 30 days after each such alteration is madein compliance with the terms set forth in Section 6.02 hereof.
Appears in 2 contracts
Samples: Lease Agreement (Markel Corp), Lease Agreement (Markel Corp)
Changes and Alterations. Except as otherwise explicitly set forth herein, Section 11.1. Tenant shall have no authoritynot make any single change, without the express written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve alteration or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to improvement on the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed provided that:
(a) if the improvement involves involving an aggregate cost of more than $25,000 (as estimated by a sign reputable architect selected by Tenant at its expense) or will otherwise be visible from the exterior then the improvement must be compatible with the architectural and aesthetic qualities of the Leased Premises and the Site; and
(b) if, regardless of the improvement must be non-structural and have no effect on the plumbingcost, heating (and cooling), mechanical, electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premises; and
(c) the such change, when completed alteration or improvement will not materially adversely affect lessen the value of the Leased Premises or will overtax or affect the Sitestructural strength of any building or improvement on the land of and included in the Leased Premises, without first obtaining the consent of Landlord (which will not be unreasonably withheld in the case of such alteration or improvement to which clause (b) does not apply) thereto in each case, and the consent of the holder of any Mortgage, if such consent is required under the particular Mortgage; and Tenant shall not demolish any building or improvement on the land of and included in the Leased Premises without such consents. The consent of Landlord and such holder of the Mortgage, if given, shall be for that instance alone, and such consent shall be required for each and every further change, alteration, improvement or demolition. Notwithstanding the above, Xxxxxxxx’s consent shall not be required for any reconfiguration of Tenant’s Trade Fixtures by Tenant that has no effect on the structure of any building or improvement or any building system, wall or ceiling.
Section 11.2. Where Landlord’s consent has been obtained, no change, alteration or improvement shall be made until:
(a) detailed plans and specifications and the cost estimate therefor (prepared by the reputable architect selected by Xxxxxx) shall have been delivered to and reasonably approved by Landlord;
(b) Tenant shall have delivered to Landlord security, reasonably satisfactory to Landlord, or a surety bond issued by a surety company of recognized responsibility, satisfactory to Landlord in an amount at least equal to 110% of the estimated cost of such work (but less the net amount for which a casualty insurance award has been made and actually paid to Landlord) conditioned upon and securing the completion of and payment for such work, and
(dc) Tenant demonstrates shall have procured and paid for all permits and authorizations from all governmental authorities having jurisdiction thereover, and shall have delivered copies thereof to Landlord’s satisfaction that . If Landlord shall dispute the improvement will estimated cost of the work or the form and content of the surety bond or the responsibility of the surety company or the value of the security referred to in this Section, such dispute shall be made determined by arbitration in accordance with applicable legal requirements using good quality materials the provisions of Article 13. At all times when the work is in progress, Tenant shall, at Tenant’s sole cost and good quality construction practices expense, maintain, or cause to be maintained, workmen’s compensation insurance covering all persons employed in connection with the work and will not result in any liens on with respect to whom death or personal injury claims could be asserted against Landlord, Tenant or the Leased Premises; andand shall deliver to Landlord with proof of payment of the premium therefor comprehensive general liability insurance for the mutual benefit of Tenant and Landlord expressly covering the additional hazards due to the work, with limits of not less than $1,000,000 in the event of death or personal injury to any one person and not less than $2,000,000 in the event of death or personal injury to any number of persons in one accident and of not less than $1,000,000 for property damage. The policy of comprehensive general liability insurance, insofar as it relates to property damage, shall not contain any restrictive clauses relating to excavating, sheet piling, moving, shoring, underpinning, removal and rebuilding of structural supports or subsurface work or any similar restrictive clauses. The comprehensive general liability insurance provided for in this Section 11.2 may be effected by an appropriate endorsement, if obtainable, upon the insurance required to be maintained by Tenant pursuant to Section 9.2. All insurance of the character in this subdivision described shall be issued by companies of the same character as described in Section 9.4.
(e) as soon as such Section 11.3. All permitted changes, alterations and improvements shall be prosecuted diligently and performed in a good and workmanlike manner in accordance with all applicable laws, ordinances and regulations, and the plans and specifications approved by Landlord. All of the materials used shall be new and free of all liens, encumbrances, financing statements, chattel mortgages, conditional bills of sale and title retention or security agreements. Tenant shall obtain, keep in effect, and furnish to Landlord copies of all permits, licenses, consents and approvals required by any governmental or municipal body having jurisdiction over the Leased Premises in connection with any work is completedundertaken by or on behalf of Tenant.
Section 11.4. This Lease shall not be affected or suspended, nor shall the purposes of this Lease be deemed frustrated, nor shall the Fixed Net Rent or Additional Rent or other charges payable by Tenant be abated, suspended, reduced or diminished by reason of Tenant being prevented from or delayed in building by any present or future laws, rules, requirements, orders, directions, ordinances or regulations of the United States of America or of the City, County or State governmental or lawful authority whatsoever, or by priorities, rationing or curtailment of labor or materials, or strikes or by war or by any matter or thing resulting therefrom, or by any other cause or causes whether or not beyond the control of Tenant.
Section 11.5. In addition to complying with all other provisions hereof in connection with any work undertaken by or on behalf of Tenant, Tenant will shall (i) furnish Landlord a contract made with a contractor satisfactory to Landlord providing for the completion of all work, labor and materials necessary to complete the permitted changes, alterations and improvements in accordance with the plans approved by Landlord, (ii) use its best efforts to have prepared such contract be for a fixed sum and in assignable form, and (iii) provide Landlord with “as-built” plans (an assignment of such contract in form acceptable satisfactory to Landlord) showing , which shall be duly executed and acknowledged by Tenant and by its terms shall be effective upon any termination of this Lease or upon Landlord’s reentry upon the Leased Premises pursuant to this Lease prior to the complete performance of such contract. Such assignment shall also provide, that Landlord shall be entitled to the benefit of all payments made on account of said contract including payments made prior to the effective date of such work; andassignment.
(f) Tenant will comply with Section 11.6. Landlord may, upon reasonable notice to Tenant, at any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, time and if requested by Landlord, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. Tenant shall have the right to make minor alterations from time to time during usual business hours and without unreasonably interfering with Tenant’s business or any construction in progress (except without notice and at anytime in case of emergency), in addition to any other right of access given to Landlord pursuant to the interior terms of this Lease, at Landlord’s expense, enter upon the Leased Premises without obtaining with one or more engineers and/or architects of Xxxxxxxx’s selection (“Landlord’s prior written consent therefor, provided that all Architect”) to determine the course and degree of such work conforms to all completion of the above requirements in all respects (except for permitted changes, alterations and improvements and its compliance with the requirement in subsection (a) to obtain Landlord’s prior written consent plans approved by Landlord and the requirement terms and conditions of this Lease.
Section 11.7. Anything hereinabove contained to the contrary notwithstanding, nothing contained herein shall be construed to be a consent by Landlord to the placing of any lien against the fee interest in subsection (e) the Leased Premises or land and/or building.
Section 11.8. Upon completion of the permitted changes, alterations and improvements, the Tenant shall deliver to provide “as-built” Landlord professional as built plans of same, sealed by a licensed architect.
Section 11.9. Tenant shall pay to Landlord), and further provided that Tenant provides Landlord with a written description within ten (10) days after demand, all reasonable out of such work (and such other data as pocket charges or expenses Landlord may request) not later than 30 days after each such alteration incur in reviewing plans, permits, contracts or similar items or inspecting the work in progress and as completed, including reasonable fees of architects, engineers and attorneys, regardless of whether Xxxxxxxx’s consent to any proposed work is madeobtained.
Appears in 1 contract
Samples: Lease (Quixote Corp)
Changes and Alterations. Except as otherwise explicitly set forth herein, 18.1 Tenant shall have no authoritythe right at any time, without and from time to time during the express written consent term of Landlord this Lease Agreement, to altermake such changes and alterations, remodelstructural or otherwise, reconstructto the Building, demolish, add to, improve or otherwise change Improvements and fixtures hereafter erected on the Leased Premises, except that Demised Premises as Tenant shall have deem necessary or desirable in connection with the requirements of its business, which such authority, without the consent changes and alterations (other than changes or alterations of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs Tenant's movable trade fixtures and equipment) shall be made in all cases subject to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approvalfollowing conditions, which approval shall not be unreasonably withheld or delayed provided thatTenant covenants to observe and perform:
(a) if No change or alteration shall be undertaken until Tenant shall have procured and paid for, so far as the improvement involves a sign or will otherwise same may be visible required from the exterior then the improvement must be compatible with the architectural time to time, all municipal, state and aesthetic qualities federal permits and authorizations of the Leased Premises various governmental bodies and departments having jurisdiction thereof, and Landlord agrees to join in the Site; andapplication for such permits or authorizations whenever such action is necessary, all at Tenant's sole cost and expense, provided such applications do not cause Landlord to become liable for any cost, fees or expenses.
(b) Any change or alteration shall, when completed, be of such character as not to reduce the improvement must be non-structural and have no effect on value or utility of the plumbingDemised Premises or the Buildings to which such change or alteration is made below its value or utility to Landlord immediately before such change or alteration, heating (and cooling)nor shall such change or alteration alter the exterior of the Improvements or reduce the area or cubic content of the Buildings, mechanical, electrical nor change the character of the Demised Premises or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premises; andBuildings as to use without Landlord's express written consent.
(c) the change, when completed will not materially adversely affect the value All Work done in connection with any change or alteration shall be done promptly and in a good and workmanlike manner and in compliance with all building and zoning laws of the Leased place in which the Demised Premises are situated, and with all laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments. The cost of any such change or alteration shall be paid for by Tenant so that the Demised Premises and all portions thereof shall at all times be free of liens for labor and materials supplied to the Demised Premises, or any portion thereof. The Work of any change or alteration shall be prosecuted with reasonable dispatch, delays due to strikes, lockouts, acts of God, inability to obtain labor or materials, governmental restrictions or similar causes beyond the control of Tenant excepted. Tenant shall obtain and maintain, at its sole cost and expense, during the performance of the Work, workers' compensation insurance covering all persons employed in connection with the Work and with respect to which death or injury claims could be asserted against Landlord or Tenant or against the Demised Premises or any interest therein, together with comprehensive general liability insurance of not less than One Million Dollars ($1,000,000.00) in the Site; andevent of injury to one person, Three Million Dollars ($3,000,000.00) in respect to any one accident or occurrence, and Five Hundred Thousand Dollars ($500,000.00) for property damage, and the fire insurance with "extended coverage" endorsement required by Paragraph 5.1 hereof shall be supplemented with "builder's risk" insurance on a completed value form or other comparable coverage on the Work. All such insurance shall be in a company or companies authorized to do business in the state in which the Demised Premises are located and reasonably satisfactory to Landlord, and all such policies of insurance or certificates of insurance shall be delivered to Landlord endorsed "Premium Paid" by the company or agency issuing the same, or with other evidence of payment of the premium satisfactory to Landlord.
(d) All improvements and alterations (other than Tenant's movable trade fixtures and equipment) made or installed by Tenant demonstrates shall immediately, upon completion or installation thereof, become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord’s satisfaction that the improvement will be made in accordance with applicable legal requirements using good quality materials and good quality construction practices and will not result in any liens Landlord on the Leased Premises; andexpiration of the term of this Lease Agreement.
(e) as soon as such work is completedNo change, Tenant will have prepared and provide Landlord alteration, restoration or new construction shall be in or connect the Improvements with “as-built” plans (any property, building or other improvement located outside the boundaries of the parcel of land described in form acceptable to Landlord) showing all such work; andExhibit "A" attached, nor shall the same obstruct or interfere with any existing easement.
(f) As a condition to granting approval for any changes or alterations, Landlord may require Tenant will comply with to agree that Landlord, by written notice to Tenant, given at or prior to termination of this Lease Agreement, may require Tenant to remove any rules improvements, additions or requirements reasonably promulgated installations installed by Landlord Tenant in connection with the doing of any workDemised Premises at Tenant's sole cost and expense, and if requested repair and restore any damage caused by Landlordthe installation and removal of such improvements, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. additions, or installations; provided, however, the only improvements, additions or installations which Tenant shall have the right to make minor alterations from time to time remove shall be those specified in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all of such work conforms to all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is madenotice.
Appears in 1 contract
Samples: Purchase Agreement (Renaissance Entertainment Corp)
Changes and Alterations. Except as otherwise explicitly set forth herein, 18.1 Tenant shall have no authoritythe right at any time, without and from time to time during the express written consent term of Landlord this Lease Agreement, to altermake such changes and alterations, remodelstructural or otherwise, reconstructto the Building, demolish, add to, improve or otherwise change Improvements and fixtures hereafter erected on the Leased Premises, except that Demised Premises as Tenant shall have deem necessary or desirable in connection with the requirements of its business, which such authority, without the consent changes and alterations (other than changes or alterations of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs Tenant's movable trade fixtures and equipment) shall be made in all cases subject to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approvalfollowing conditions, which approval shall not be unreasonably withheld or delayed provided thatTenant covenants to observe and perform:
(a) if No change or alteration shall be undertaken until Tenant shall have procured and paid for, so far as the improvement involves a sign or will otherwise same may be visible required from the exterior then the improvement must be compatible with the architectural time to time, all municipal, state and aesthetic qualities federal permits and authorizations of the Leased Premises various governmental bodies and departments having jurisdiction thereof, and Landlord agrees to join in the Site; andapplication for such permits or authorizations whenever such action is necessary, all at Tenant's sole cost and expense, provided such applications do not cause Landlord to become liable for any cost, fees or expenses.
(b) Any change or alteration shall, when completed, be of such character as not to reduce the improvement must be non-structural and have no effect on value or utility of the plumbingDemised Premises or the Buildings to which such change or alteration is made below its value or utility to Landlord immediately before such change or alteration, heating (and cooling)nor shall such change or alteration alter the exterior of the Improvements or reduce the area or cubic content of the Buildings, mechanical, electrical nor change the character of the Demised Premises or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premises; andBuildings as to use without Landlord's express written consent.
(c) the change, when completed will not materially adversely affect the value All Work done in connection with any change or alteration shall be done promptly and in a good and workmanlike manner and in compliance with all building and zoning laws of the Leased place in which the Demised Premises are situated, and with all laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments. The cost of any such change or alteration shall be paid for by Tenant so that the Demised Premises and all portions thereof shall at all times be free of liens for labor and materials supplied to the Demised Premises, or any portion thereof. The Work of any change or alteration shall be prosecuted with reasonable dispatch, delays due to strikes, lockouts, acts of God, inability to obtain labor or materials, governmental restrictions or similar causes beyond the control of Tenant excepted. Tenant shall obtain and maintain, at its sole cost and expense, during the performance of the Work, workers' compensation insurance covering all persons employed in connection with the Work and with respect to which death or injury claims could be asserted against Landlord or Tenant or against the Demised Premises or any interest therein, together with comprehensive general liability insurance of not less than One Million Dollars ($1,000,000.00) in the Site; andevent of injury to one person, Four Million Dollars ($4,000,000.00) in respect to any one accident or occurrence, and Five Hundred Thousand Dollars ($500,000.00) for property damage, and the fire insurance with "extended coverage" endorsement required by Paragraph 5.1 hereof shall be supplemented with "builder's risk" insurance on a completed value form or other comparable coverage on the Work. All such insurance shall be in a company or companies authorized to do business in the state in which the Demised Premises are located and reasonably satisfactory to Landlord, and all such policies of insurance or certificates of insurance shall be delivered to Landlord endorsed "Premium Paid" by the company or agency issuing the same, or with other evidence of payment of the premium satisfactory to Landlord.
(d) All improvements and alterations (other than Tenant's movable trade fixtures and equipment) made or installed by Tenant demonstrates shall immediately, upon completion or installation thereof, become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord’s satisfaction that the improvement will be made in accordance with applicable legal requirements using good quality materials and good quality construction practices and will not result in any liens Landlord on the Leased Premises; andexpiration of the term of this Lease Agreement.
(e) as soon as such work is completedNo change, Tenant will have prepared and provide Landlord alteration, restoration or new construction shall be in or connect the Improvements with “as-built” plans (any property, building or other improvement located outside the boundaries of the parcel of land described in form acceptable to Landlord) showing all such work; andExhibit "A" attached, nor shall the same obstruct or interfere with any existing easement.
(f) As a condition to granting approval for any changes or alterations, Landlord may require Tenant will comply with to agree that Landlord, by written notice to Tenant, given at or prior to termination of this Lease Agreement, may require Tenant to remove any rules improvements, additions or requirements reasonably promulgated installations installed by Landlord Tenant in connection with the doing of any workDemised Premises at Tenant's sole cost and expense, and if requested repair and restore any damage caused by Landlordthe installation and removal of such improvements, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. additions, or installations; provided, however, the only improvements, additions or installations which Tenant shall have the right to make minor alterations from time to time remove shall be those specified in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all of such work conforms to all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is madenotice.
Appears in 1 contract
Changes and Alterations. Except as otherwise explicitly set forth herein, Tenant shall have no authority, without 19.1 During the express written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions Term of this Lease. Except as otherwise outlined hereinLease Agreement, Tenant shall not construct or permit any make changes and alterations, installationsstructural or otherwise, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises Building, Improvements and fixtures, now or hereafter erected on the Building Demised Premises, without having first submitted to Landlord plans obtaining Landlord's prior written consent thereto in each and specifications therefor for Landlord’s approvalevery instance, which approval consent shall not be unreasonably withheld or delayed delayed. Notwithstanding any provision hereof appearing to the contrary, Landlord shall not be required to grant its consent for any change or alteration which, in Landlord's reasonable determination, diminishes the value of the Building, Improvements or fixtures. Landlord hereby agrees that Tenant shall be permitted to raise the roof in a certain area of the Building, affecting a portion of the Building's roof, containing approximately 7,500 square feet; provided thatTenant complies with Section 19.2 hereinbelow, and with all other provisions contained in this Lease.
19.2 To the extent that Landlord consents to any alteration to the Demised Premises proposed by Tenant, Tenant agrees that all changes, additions and work to implement any such alteration shall be done completely at Tenant's sole cost and expense, and any such alteration shall:
(a) if the improvement involves a sign or will otherwise be visible from the exterior then the improvement must be compatible comply with Article IX hereof and with the architectural requirements of all governmental or quasi-governmental authorities having jurisdiction over building matters and aesthetic qualities zoning requirements, and with the requirements of the Leased Premises and the Site; andLandlord's insurance carriers;
(b) be made only with the improvement must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premises; andprior written consent of Landlord;
(c) equal or exceed the change, when completed will not materially adversely affect quality of materials used for the value of the Leased Premises or the SiteBuilding; and
(d) be carried out only by persons selected by Tenant demonstrates to Landlord’s satisfaction that the improvement will be made and approved in accordance with applicable legal requirements using good quality materials and good quality construction practices and will not result in any liens on the Leased Premises; and
(e) as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(f) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested writing by Landlord, Tenant who shall, if required by Landlord, deliver to Landlord before commencement of the work performance and payment bonds as well as proof of worker's compensation and public liability and property damage insurance coverage, with Landlord named as an additional insured, in amounts, with companies, and in form reasonably satisfactory to Landlord, which shall remain in effect during the entire period in which the work will obtain and maintain Builder’s Risk insurance in connection with such workbe carried out. Tenant shall have the right to make minor alterations from time to time indemnify Landlord against any increase in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all of such work conforms to all of the above requirements in all respects (except property taxes on or fire or casualty insurance premiums for the requirement in subsection (a) Building attributable to obtain Landlord’s prior written consent and the requirement in subsection (e) such change, addition or improvement, any such increase to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is madebe borne by Tenant.
Appears in 1 contract
Changes and Alterations. Except as otherwise explicitly set forth herein, 20.1. Tenant shall have no authoritythe right from time to time to make such changes and alterations, without structural or otherwise, to the express written consent Building as Tenant shall deem necessary or desirable in connection with the requirements of Landlord its business, which changes and alterations shall be made in all cases subject to alterthe following conditions, remodel, reconstruct, demolish, add to, improve which Tenant covenants to observe and perform:
(a) No change or otherwise change the Leased Premises, except that alteration shall be undertaken until Tenant shall have such authority, without procured and paid for all required permits and authorizations of the consent various governmental bodies and departments having jurisdiction of Landlord, to build substructures; add, remove, the Premises.
(b) No change or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant alteration shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord be undertaken until detailed plans and specifications therefor prepared and approved in writing by a licensed architect or licensed professional engineer selected and paid for by Tenant, who shall supervise any such work (the "Alterations Architect or Engineer"), and of each amendment and change thereto, have been first submitted to and approved in writing by Landlord’s approval, which approval shall not be unreasonably withheld or delayed provided that:
(a) but such consent may be withheld if the improvement involves a sign change or will otherwise be visible from alteration would, in the exterior then reasonable judgment of Landlord, impair the improvement must be compatible with the architectural and aesthetic qualities value or usefulness of the Leased Premises and Land or Improvements, or any substantial part thereof). Before commencement of any change, alteration, restoration or construction (hereinafter sometimes referred to as "Work") involving in the Site; and
aggregate an estimated cost of more than Fifty Thousand Dollars (b$50,000.00) or which, in Landlord's reasonable judgment, would materially alter the improvement must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, structural or electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premises; and
(c) the change, when completed will not materially adversely affect the value of the Leased Premises Improvements. Tenant shall, in addition, obtain Landlord's prior written approval, which shall not be unreasonably withheld or delayed, of all general contractors for the Site; and
(d) Work. Notwithstanding anything to the contrary contained herein, Landlord may require the prior written consent or approval of any Mortgagee as a condition to granting any consent or approval which Tenant demonstrates is required to Landlord’s satisfaction that the improvement will be made in accordance with applicable legal requirements using good quality materials and good quality construction practices and will not result in obtain from Landlord hereunder. Upon completion of any liens on the Leased Premises; and
(e) as soon as such work is completedWork, Tenant will have prepared and shall provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(f) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlord, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. Tenant shall have the right to make minor alterations from time to time in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all of such work conforms to all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description of such work (and such other data documents as Landlord may request) not later than 30 days after each such alteration is made.or any Mortgagee may
Appears in 1 contract
Samples: Lease (California Microwave Inc)
Changes and Alterations. Except as otherwise explicitly set forth herein, Tenant shall have no authority, without the express written consent of Landlord Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this LeaseLease and to make “minor alterations” as set forth below. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed provided that:
(a) if the improvement involves a sign or will otherwise be visible from the exterior exterior, then the improvement must be reasonably compatible with the architectural and aesthetic qualities of the Leased Premises and the Site. Landlord shall, at its cost, install building standard signage in the lobby of the Building and at the entrance to the Premises; and
(b) the improvement must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premises; and
(c) the change, when completed completed, will not materially adversely affect the value of the Leased Premises or the Site; and
(d) Tenant demonstrates to Landlord’s satisfaction that the improvement will be made in accordance with all applicable legal requirements Legal Requirements, using good quality materials and good quality construction practices practices, and will not result in any liens on the Leased Premises; and
(e) as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(f) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlord, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. Tenant shall have the right to make “minor alterations alterations” from time to time in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all of such work is non-structural, conforms to all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) prior to commencing any such alteration, and further provided that the aggregate cost of such minor alterations may not later than 30 days exceed $10,000 in any twelve (12) month period. Notwithstanding anything to the contrary herein, but subject to the requirements of this Section 7.13 (including, without limitation, the requirement that Tenant obtain the prior written consent of Landlord to any such installation, which consent shall not be unreasonably withheld or delayed), Tenant may install, maintain, and replace, in a location to be mutually agreed upon by Landlord and Tenant on the roof of the Building or on the Site, a satellite communications dish and antenna and related equipment. Tenant shall do so at its sole cost and expense and in accordance with all applicable Legal Requirements, and shall defend, indemnify and hold Landlord harmless from and against any claims, costs or expenses incurred by Landlord as a result of such installation, maintenance or replacement by Tenant. At Landlord’s request, Tenant shall coordinate any such roof installation hereunder with Landlord’s roofing contractor. Tenant shall give prior written notice to Landlord of any work by Tenant which shall involve any penetration of the roof, and Landlord, or Landlord’s contractor, shall be present during any such work. Tenant shall deliver to Landlord evidence reasonably satisfactory to Landlord that any roof-mounted equipment is properly secured so as to withstand snow and wind. Any such satellite dish and related equipment and cabling shall remain the property of Tenant during the Lease Term and after each such alteration is madethe expiration thereof and shall be removed by Tenant at the expiration of the Lease Term in accordance with Section 7.9.
Appears in 1 contract
Samples: Lease Agreement (Danger Inc)
Changes and Alterations. Except as otherwise explicitly set forth herein, Tenant shall have no authority, without the express written consent of Landlord Landlord, to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed provided that:
(a) if the improvement involves a sign or will otherwise be visible from the exterior exterior, then the improvement must be compatible with the architectural and aesthetic qualities of the Leased Premises and the Site. Any signage installed by Tenant shall be subject to Tenant complying with all the requirements of this Section 7.13 (including, without limitation, the requirement that Tenant obtain the prior written consent of Landlord to the plans and specifications). Landlord, at its sole cost, shall include Tenant’s name on the existing Building directories; and; and
(b) the improvement must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premises; and
(c) the change, when completed completed, will not materially adversely affect the value of the Leased Premises or the Site; and
(d) Tenant demonstrates to Landlord’s satisfaction that the improvement will be made in accordance with all applicable legal requirements Legal Requirements, using good quality materials and good quality construction practices practices, and will not result in any liens on the Leased Premises; and
(e) as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(f) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlord, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. Tenant shall have the right to make minor alterations from time to time in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all of such work conforms to all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord)respects, and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) prior to commencing any such alteration, and further provided that the aggregate cost of such minor alterations may not later than 30 days after each such alteration is madeexceed $5,000 in any twelve month period.
Appears in 1 contract
Changes and Alterations. Except as otherwise explicitly set forth herein, Tenant shall have no authority, without the express written consent of Landlord Landlord, to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed provided that:
(ai) if the improvement involves a sign or will otherwise be visible from the exterior exterior, then the improvement must be compatible with the architectural and aesthetic qualities of the Leased Premises and the Site; and
(bii) the improvement must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased PremisesPremises or the Building, and the improvement (except for signs) must be entirely within the Leased Premises; and
(ciii) the change, when completed completed, will not materially adversely affect the value of the Leased Premises or the Site; and
(div) Tenant demonstrates to Landlord’s satisfaction that the improvement will be made in accordance with all applicable legal requirements Legal Requirements, using good quality materials and good quality construction practices practices, and will not result in any liens on the Leased Premises; and
(ev) as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(fvi) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlord, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. Tenant shall have the right to make minor alterations from time to time in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all of such work conforms to all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord)respects, and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) prior to commencing any such alteration, and further provided that the aggregate cost of such minor alterations may not later than 30 days after each exceed $50,000 in any twelve (12) month period. Furthermore, notwithstanding anything herein to the contrary, Tenant, at its sole cost and expense, shall have the right to install its logo sign, as depicted on Exhibit F hereto, on the façade of the Building, provided that (A) such alteration sign is madein compliance with local zoning regulations and Tenant obtains any consents or approvals required by third parties; and (B) Tenant shall be solely responsible for removing such sign upon the expiration or any earlier termination of the Lease in accordance with Section 7.9 above. Landlord shall cooperate with Tenant in connection with obtaining any consents or approvals required by third parties; provided, however, that Landlord shall not be required to incur any expense or liability in connection therewith. Otherwise Tenant shall not place on the exterior of the Premises (including both interior and exterior surfaces of doors and interior surfaces of windows) or on any part of the Building, any signs, symbol, advertisement or the like visible to public view.
Appears in 1 contract
Samples: Lease Agreement (One)
Changes and Alterations. Except as otherwise explicitly set forth herein, Tenant shall have SECTION 9.01. Sub-subtenant will make no authority, without alterations or changes in the express written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve Building or otherwise change the Leased Premisesany part thereof, except that Tenant shall have such authorityin compliance with the provisions of Paragraph Sixth of the Ground Lease, without and all matters requiring the consent or approval of the Ground Lessor thereunder shall also require the consent or approval of Landlord, to build substructures; add, remove, Sublessor and Sub-sublandlord. Sublessor having agreed with Sub-sublandlord that its consent or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld withheld, Sub-sublandlord hereby agrees upon request of Sub-subtenant to request such consent or delayed provided approval of Sublessor and further agrees that Sub-sublandlord's consent or approval shall not be unreasonably withheld. In addition to, and without limiting the generality of, the foregoing, Sub-subtenant covenants and agrees that:
(a) No change or alteration, involving an estimated cost of more than $100,000, including any restoration required by Articles 15 or 16 hereof, shall be made without the prior written consent of Landlord, Sublessor and Sub-sublandlord. Sublessor having agreed with Sub-sublandlord that its consent will not be withheld if the improvement involves a sign change or will otherwise be visible from alteration would not in the exterior then reasonable opinion of Sublessor impair the improvement must be compatible with the architectural and aesthetic qualities value, rental value, rentability or usefulness of the Leased Premises Building or any part thereof, Sub-sublandlord agrees upon request of Sub-subtenant to request such consent of Sublessor and the Site; andfurther agrees that Sub-sublandlord's consent thereto shall not be unreasonably withheld.
(b) No change or alteration shall be undertaken until Sub-subtenant shall have procured and paid for, so far as the improvement must same may be nonrequired from time to time, all permits and authorizations of all municipal departments and governmental subdivisions having jurisdiction. Sub-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services sublandlord shall join in the Leased Premisesapplication for such permits or authorizations whenever such action is necessary, and the improvement (except for signs) must be entirely within the Leased Premises; andshall request Sublessor and Landlord to do likewise, but without any liability or expense to Landlord, to Sublessor or to Sub-sublandlord.
(c) No structural change or alteration shall be made except in accordance with plans and specifications approved in writing by the changeGround Lessor, when completed will Landlord, Sublessor and Sub-sublandlord. Sublessor having agreed with Sub-sublandlord that its approval shall not materially adversely affect the value be unreasonably withheld, Sub-sublandlord agrees upon request to request such consent of the Leased Premises or the Site; andSublessor and further agrees that Sub-sublandlord's consent thereto shall not be unreasonably withheld.
(d) Tenant demonstrates Any change or alteration shall, when completed, be of such a character as not to Landlord’s satisfaction that reduce the improvement will be made in accordance with applicable legal requirements using good quality materials and good quality construction practices and will not result in any liens on value, rental value or rentability or usefulness of the Leased Demised Premises; and.
(e) as soon as such work is completedAny change or alteration shall be made promptly and 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, Tenant will have prepared ordinances, orders, rules, regulations and provide Landlord with “as-built” plans (in form acceptable requirements of all federal, state and municipal governments, departments, commissions, boards and officers, any national or local Board of Fire underwriters, or any other body hereafter exercising functions similar to Landlord) showing all such work; andthose of any of the foregoing.
(f) Tenant will comply with The cost of any rules such change or requirements reasonably promulgated by Landlord alterations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for labor and materials supplied or claimed to have been supplied to the Demised Premises.
(g) Workmen's compensation insurance covering all persons employed in connection with the doing work and with respect to whom death or bodily injury claims could be asserted against Landlord, Sublessor, Sub-sublandlord, Sub-subtenant or the Demised Premises, and general liability insurance for the benefit of Landlord, Sublessor, Sub-sublandlord and Sub-subtenant with limits of not less than $250,000 in the event of bodily injury to one person and not less than $1,000,000 in the event of bodily injury to any number of persons in any one accident, and with limits of not less than $25,000 for property damage, shall be maintained or caused to be maintained by Sub-subtenant at Sub-subtenant's sole cost and expense at all times when any work is in process in connection with any change or alteration. All such insurance shall be in a company or companies of recognized responsibility, and all policies or certificates therefor issued by the respective insurers, bearing notations evidencing the payment of premiums or accompanied by other evidence satisfactory to Landlord, Sublessor and Sub-sublandlord of such payment, shall be delivered to Sub-sublandlord.
(h) If the estimated cost of any such change or alteration shall be in excess of $100,000, Sub-subtenant, before commencement of work, at Sub-subtenant's sole cost and if requested expense, shall furnish to Landlord, to Sublessor and to Sub-sublandlord a surety company performance bond, issued by a surety company acceptable to Landlord, to Sublessor and to Sub-sublandlord in an amount at least equal to the estimated cost of such change or alteration, guaranteeing the completion thereof within a reasonable time, free and clear of all 1iens, encumbrances, chattel mortgages, conditional bills of sale, and other charges, and in accordance with the plans and specifications approved by Landlord, Tenant will obtain Sublessor and maintain Builder’s Risk insurance Sub-sublandlord or, in connection with such work. Tenant shall have the right to make minor alterations from time to time in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all lieu of such work conforms performance bond, other security reasonably satisfactory to all of Landlord, Sublessor and Sub-sublandlord, No performance bond or other security shall be required except to the above requirements in all respects (except extent that such estimated cost exceeds the amounts deposited pursuant to Section 15.02 hereof or available for the requirement in subsection (a) purpose pursuant to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is madeSection 16.04 hereof.
Appears in 1 contract
Changes and Alterations. Except as otherwise explicitly set forth hereinSECTION 9.01. Sublessee will make no alterations or changes in the Building or any part thereof, Tenant except in compliance with the provisions of Paragraph Sixth of the Ground Lease, and all matters requiring the consent or approval of the Ground Lessor thereunder shall have no authorityalso require the consent or approval of Landlord and of Sublessor, which consent or approval of Sublessor shall not be unreasonably withheld. In addition to, and without limiting the generality of, the foregoing, Sublessee covenants and agrees that: CON 5024 PAGE 561
(a) No change or alteration, involving an estimated cost of more than $100,000, including any restoration required by Article 15 or 16 hereof, shall be made without the express prior written consent of Landlord and of Sublessor, such consent of Sublessor not to alterbe withheld if the change or alteration would not in the reasonable opinion of Sublessor impair the value, remodelrental value, reconstruct, demolish, add to, improve rentability or otherwise usefulness of the Building or any part thereof.
(b) No change the Leased Premises, except that Tenant or alteration shall be undertaken until Sublessee shall have procured and paid for, so far as the same may be required from time to time, all permits and authorizations of all municipal departments and governmental subdivisions having jurisdiction. Sublessor shall join in the application for such authoritypermits or authorizations whenever such action is necessary, and shall require Landlord to do likewise, but without the consent of Landlord, to build substructures; add, remove, any liability or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted expense to Landlord or to Sublessor.
(c) No structural change or alteration shall be made except in accordance with plans and specifications therefor for Landlord’s approvalapproved in writing by the Ground Lessor, which Landlord and Sublessor, and such approval by Sublessor shall not be unreasonably withheld or delayed provided that:
(a) if the improvement involves a sign or will otherwise be visible from the exterior then the improvement must be compatible with the architectural and aesthetic qualities of the Leased Premises and the Site; and
(b) the improvement must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premises; and
(c) the change, when completed will not materially adversely affect the value of the Leased Premises or the Site; andwithheld.
(d) Tenant demonstrates Any change or alteration shall, when completed, be of such a character as not to Landlord’s satisfaction that reduce the improvement will be made in accordance with applicable legal requirements using good quality materials and good quality construction practices and will not result in any liens on value, rental value or rentability or usefulness of the Leased Demised Premises; and.
(e) as soon as such work is completedAny change or alteration shall be made promptly and 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, Tenant will have prepared ordinances, orders, rules, regulations and provide Landlord with “as-built” plans (in form acceptable requirements of all federal, state and municipal governments, departments, commissions, boards and officers, any CON 5024 PAGE 562 37 national or local Board of Fire Underwriters, or any other body hereafter exercising functions similar to Landlord) showing all such work; andthose of any of the foregoing.
(f) Tenant will comply with The cost of any rules such change or requirements reasonably promulgated by Landlord alterations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for labor and materials supplied or claimed to have been supplied to the Demised Premises.
(g) Workmen's compensation insurance covering all persons employed in connection with the doing of any workwork and with respect to whom death or bodily injury claims could be asserted against Landlord, Sublessor, Sublessee or the Demised Premises, and if requested by general liability insurance for the benefit of Landlord, Tenant will obtain Sublessor and maintain Builder’s Risk insurance Sublessee with limits of not less than $250,000 in the event of bodily injury to one person and not less than $1,000,000 in the event of bodily injury to any number of persons in any one accident, and with limits of not less than $25,000 for property damage, shall be maintained or caused to be maintained by Sublessee at Sublessee's sole cost and expense at all times when any work is in process in connection with any change or alteration. All such work. Tenant insurance shall have be in a company or companies of recognized responsibility, and all policies or certificates therefor issued by the right respective insurers, bearing notations evidencing the payment of premiums or accompanied by other evidence satisfactory to make minor alterations from time to time in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all Landlord and Sublessor of such work conforms payment, shall be delivered to Sublessor.
(h) If the estimated cost of any such change or alteration shall be in excess of $100,000, Sublessee, before commencement of work, at Sublessee's sole cost and expense, shall furnish to Landlord and to Sublessor a surety company performance bond, issued by a surety company acceptable to Landlord and to Sublessor, in an amount at least equal to the estimated CON 5024 PAGE 563 38 cost of such change or alteration, guaranteeing the completion thereof within a reasonable time, free and clear of all liens, encumbrances, chattel mortgages, conditional bills of sale, and other charges, and in accordance with the above requirements plans and specifications approved by Landlord and Sublessor or, in all respects (lieu of such performance bond, other security reasonably satisfactory to Landlord and Sublessor. No performance bond or other security shall be required except to the extent that such estimated cost exceeds the amounts deposited pursuant to Section 15.02 or available for the requirement in subsection (a) purpose pursuant to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description Section 16.04 of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is madethis lease.
Appears in 1 contract
Changes and Alterations. Except as otherwise explicitly set forth herein, Tenant shall have no authority, without the express written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; addinstall reasonable trade fixtures that will have no adverse effect on either (a) the structure, removeroof, or modify internal wiring; erect foundation of the Building, or remove non-load bearing walls; add (b) the plumbing, heating (and cooling), mechanical, electrical or remove internal doors; construct internal clean room(s); other systems or services in the Building, and to make repairs to the Leased Premises Building and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except for Cosmetic Alterations and Non-Structural Alterations as otherwise outlined hereinprovided below, Tenant shall not construct or permit any alterations, installations, additions or improvements improvements, including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed (and which approvals as to all such Alterations shall be subject to the ten day approval process described below) provided that:
(a) if the improvement involves a sign or will otherwise be visible from the exterior then the improvement must be compatible with the architectural and aesthetic qualities of the Leased Premises and the Site; and
(bi) the improvement Alteration must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased PremisesBuilding; and
(cii) the changeAlteration, when completed completed, will not materially adversely affect the value of the Leased Premises or the SitePremises; and
(diii) Tenant demonstrates to Landlord’s satisfaction that the improvement Alteration will be made in accordance with applicable legal requirements all Legal Requirements using good quality materials and good quality construction practices and will not result in any liens on the Leased Premises; and
(eiv) the Alterations shall be performed by contractor(s) approved by Landlord, which approval shall not be unreasonably withheld or delayed; and
(v) as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(fvi) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlordthe value of such work exceeds Ten Thousand Dollars ($10,000.00) then, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work, in forms and in amounts reasonably satisfactory to Landlord. Landlord hereby approves Tenant’s Work as shown or described in Exhibit D attached hereto. Tenant shall have the right authority, without Landlord consent, to make minor alterations from time either (i) cosmetic changes to time the Premises, not requiring any structural or other substantial modifications to the Premises (“Cosmetic Alterations”) or (ii) non-structural Alterations that do not exceed $50,000 CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. per project and which does not affect the Building’s electrical, mechanical, plumbing or life safety systems (“Non-Structural Alterations”), in the interior each case upon ten (10) business days prior notice to Landlord. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. Certificates of the Leased Premises without obtaining Landlord’s prior written consent such insurance, with paid receipts therefor, provided must be received by Landlord before the applicable work is commenced. Tenant shall pay promptly when due the entire cost of any work at or on the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials. Tenant shall procure all necessary permits before undertaking such work; shall do all of such work conforms to in a good and workmanlike manner, employing materials of good quality; shall comply with all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Legal Requirements; and shall save Landlord and Landlord’s prior written consent Mortgagee and the requirement in subsection (e) all parties claiming by, through, or under Landlord, harmless and indemnified from and against all injury, loss, claims or damage to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description any person or property occasioned by or growing out of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is made.work
Appears in 1 contract
Changes and Alterations. Except as otherwise explicitly set forth herein, SECTION 9.01. Tenant shall have will make no authority, without alterations or changes in the express written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve Building or otherwise change the Leased Premisesany part thereof, except that Tenant shall have such authorityin compliance with the provisions of Paragraph Sixth of the Ground Lease, without and all matters requiring the consent or approval of the Ground Lessor thereunder shall also require the consent or approval of Landlord, to build substructures; add, remove, which consent or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions approval of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed provided withheld. In addition to, and without limiting the generality of, the foregoing, Tenant covenants and agrees that:
(a) No change or alteration, involving an estimated cost of more than $100,000, including any restoration required by Article 15 or 16 hereof, shall be made without the prior written consent of Landlord, such consent not to be withheld if the improvement involves a sign change or will otherwise be visible from alteration would not in the exterior then reasonable opinion of Landlord impair the improvement must be compatible with the architectural and aesthetic qualities value, rental value, rentability or usefulness of the Leased Premises and the Site; andBuilding or any part thereof.
(b) No change or alteration shall be undertaken until Tenant shall have procured and paid for, so far as the improvement must same may be non-structural required from time to time, all permits and have no effect on the plumbing, heating (authorizations of all municipal departments and cooling), mechanical, electrical or other systems or services governmental subdivisions having jurisdiction. Landlord shall join in the Leased Premisesapplication for such permits or authorizations whenever such action is necessary, and the improvement (except for signs) must be entirely within the Leased Premises; andbut without any liability or expense to Landlord.
(c) No structural change or alteration shall be made except in accordance with plans and specifications approved in writing by the changeGround Lessor and Landlord, when completed will and such approval by Landlord shall not materially adversely affect the value of the Leased Premises or the Site; andbe unreasonably withheld.
(d) Tenant demonstrates Any change or alteration shall, when completed, be of such a character as not to Landlord’s satisfaction that reduce the improvement will be made in accordance with applicable legal requirements using good quality materials and good quality construction practices and will not result in any liens on value, rental value or rentability or usefulness of the Leased Demised Premises; and.
(e) as soon as such work is completedAny change or alteration shall be made promptly and 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, Tenant will have prepared ordinances, orders, rules, regulations and provide Landlord with “as-built” plans (in form acceptable requirements of all federal, state and municipal governments, departments, commissions, boards and officers, any national or local Board of Fire Underwriters, or any other body hereafter exercising functions similar to Landlord) showing all such work; andthose of any of the foregoing.
(f) Tenant will comply with The cost of any rules such change or requirements reasonably promulgated by Landlord alterations shall be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens for labor and materials supplied or claimed to have been supplied to the Demised Premises.
(g) Workmen's compensation insurance covering all persons employed in connection with the doing of any work, work and if requested by with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant will obtain or the Demised Premises, and maintain Builder’s Risk general liability insurance for the mutual benefit of Tenant and Landlord with limits of not less than $250,000 in the event of bodily injury to one person and not less than $1,000,000 in the event of bodily injury to any number of persons in any one accident, and with limits of not less than $25,000 for property damage, shall be maintained or caused to be maintained by Tenant at Tenant's sole cost and expense at all times when any work is in process in connection with any change or alteration. All such work. Tenant insurance shall have be in a company or companies of recognized responsibility, and all policies or certificates therefor issued by the right respective insurers, bearing notations evidencing the payment of premiums or accompanied by other evidence satisfactory to make minor alterations from time to time in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all Landlord of such work conforms payment, shall be delivered to Landlord.
(h) If the estimated cost of any such change or alteration shall be in excess of $100,000, Tenant, before commencement of work, at Tenant's sole cost and expense, shall furnish to Landlord a surety company performance bond, issued by a surety company acceptable to Landlord, in an amount at least equal to the estimated cost of such change or alteration, guaranteeing the completion thereof within a reasonable time, free and clear of all liens, encumbrances, chattel mortgages, conditional bills of sale, and other charges, and in accordance with the above requirements plans and specifications approved by Landlord or, in all respects (lieu of such performance bond, other security reasonably satisfactory to Landlord. No performance bond or other security shall be required except to the extent that such estimated cost exceeds the amounts deposited pursuant to Section 15.02 or available for the requirement in subsection (a) purpose pursuant to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description Section 16.04 of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is madethis lease.
Appears in 1 contract
Samples: Sublease (Sl Green Realty Corp)
Changes and Alterations. Section 6.1 Tenant agrees that it will effect all such alterations, additions and improvements in and to the Demised Premises as are necessary for Tenant to conduct its business therein ("Alteration Work") and that same shall be at Tenant's sole cost and expense. Tenant shall furnish Landlord for its approval a complete set of architectural and engineering plans and specifications (if architectural or engineering plans are required by the City and County of Denver to obtain building permits) for all Alteration Work. Landlord shall approve such plans and specifications, or return them with advice as to what changes are required for its approval to be forthcoming within ten (10) business days of receiving same. In the event such plans and specifications are so returned to Tenant, Tenant shall promptly revise them to incorporate such changes as are required for Landlord's approval to be forthcoming and shall promptly resubmit such revised plans and specifications to Landlord. Such plan approval process shall continue until Landlord has approved a complete set of plans and specifications for the Alteration Work. Tenant, at its own cost and expense, will cause all work, including, without limitation, any Alteration Work, to be effected in a good and workmanlike manner, in accordance with Tenant's approved plans and specifications, in accordance with the provisions of this Article 6 and all other applicable provisions of this Lease, and in compliance with all applicable laws, rules and regulations. It is understood and agreed that Landlord shall have no responsibility for the performance of the contractor(s) carrying out Alteration Work (including matters of quality or timeliness), and in the event that for any reason Alteration Work is not completed in a timely fashion and/or there is any delay whatsoever, this Lease shall nevertheless continue in full force and effect. Within ten (10) days after completion of any Alteration Work, Tenant shall deliver to Landlord general releases from Tenant's architect, general contractors, subcontractors, vendors, suppliers or materialmen involved in the performance of the Alteration Work and the materials furnished in connection therewith, and a certificate from Tenant's independent licensed architect or contractor certifying that the Alteration Work was performed in a good and workmanlike manner and substantially completed in accordance with the final plans and specifications approved by Landlord.
Section 6.2 Except as otherwise explicitly expressly set forth herein, Tenant shall not have no authority, without the express written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change right during the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions Term of this Lease, without having obtained Landlord's prior written consent to be given in Landlord's sole discretion (however, for requests to make changes which are nonstructural and which do not adversely affect any mechanical, plumbing, electrical, heating or other Building system, such consent shall not be unreasonably withheld, conditioned or delayed), to make improvements, additions, changes and alterations in or to the Building or to demolish all or any part of the Building or to replace same with other improvements (all such improvements, additions, changes, alterations, demolitions and replacements, collectively, "Alterations"). Except as otherwise outlined hereinNotwithstanding anything to the contrary contained in this Lease, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs be required to obtain Landlord's consent (“Alterations”but shall be required to deliver prior written notice to Landlord) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed perform nonstructural alterations provided that:
that such alterations: (a) if the improvement involves a sign do not affect any mechanical, plumbing, electrical, heating or will otherwise be visible from the exterior then the improvement must be compatible with the architectural and aesthetic qualities of the Leased Premises and the Siteother Building system; and
(b) the improvement must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premisesdo not require a building permit; and
(c) the change, when completed will not materially adversely affect the value of the Leased Premises are cosmetic or the Sitedecorative in nature; and
and (d) Tenant demonstrates cost less than $100,000 in the aggregate during any twelve (12) month period.
Section 6.3 Each Alteration for which Landlord's approval is required under this Lease shall be made under the supervision of an architect reasonably approved by Landlord (but at the sole cost and expense of Tenant), if architectural or engineering plans are required by the City and County of Denver to Landlord’s satisfaction that the improvement will obtain building permits, and shall be made in accordance with applicable legal requirements using good quality materials plans and good quality construction practices specifications prepared by such architect. Copies of such plans and will specifications shall be delivered by Tenant to Landlord for the approval of Landlord pursuant to this Lease. Tenant acknowledges and agrees that Landlord's receipt of plans and specifications shall not result in any liens on the Leased Premises; and
(e) as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(f) Tenant will comply with any rules constitute an opinion or requirements reasonably promulgated agreement by Landlord that the plans and specifications are structurally sufficient or in compliance with law or this Lease, nor shall any such approval impose any liability on or waive any rights of Landlord hereunder or affect or diminish any of Tenant's obligations hereunder. Tenant, at its sole cost and expense, shall be responsible for obtaining all necessary approvals, permits and/or licenses in connection with the doing of any workAlteration Work and Alterations. Landlord agrees to reasonably cooperate with Tenant, provided same is at Tenant's sole expense, and if requested to execute any documents reasonably necessary in order for Tenant to obtain said approvals, permits and/or licenses, and Tenant shall indemnify Landlord against any loss, claim or damage which Landlord may suffer by reason of such cooperation.
Section 6.4 Tenant shall furnish to Landlord or cause its contractors to provide such insurance coverage as may be reasonably required by Landlord, insuring Landlord against any risk of loss during the performance by Tenant will obtain of any Alteration Work or an Alteration.
Section 6.5 Upon completion of any Alteration, Tenant shall give notice thereof to Landlord and maintain Builder’s Risk insurance furnish Landlord with appropriate evidence of completion of such Alteration, including, without limitation, as built plans, temporary and final certificates of occupancy for the Alteration and appropriate evidence including checks and receipted invoices that the cost thereof has been paid for in full.
Section 6.6 Tenant shall pay its contractors, laborers, subcontractors, materialmen and suppliers in accordance with their respective agreements with Tenant and shall not cause or suffer any liens, mortgages or other title retention or security agreements to be placed on the Demised Premises or any improvements thereon. Nothing contained in this Article 6 or elsewhere in this Lease shall be construed in any way as constituting any consent by Landlord or authorization to Tenant to subject the Demised Premises to any lien or charge or otherwise. All contracts or agreements made by Tenant with any third party or parties in connection with such work. an Alteration shall expressly provide that said third party or parties shall look solely to Tenant shall have the right for any and all payments thereunder.
Section 6.7 Tenant, at its own cost and expense, will cause all Alterations to make minor alterations from time be effected in a good and workmanlike manner, in accordance with approved plans and specifications, if same are required pursuant to time this Article 6, in the interior accordance with all other applicable provisions of the Leased Premises without obtaining Landlord’s prior written consent thereforthis Lease and in compliance with all applicable laws, provided that all of such work conforms to all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent rules and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is maderegulations.
Appears in 1 contract
Samples: Lease Agreement (Strainwise, Inc.)
Changes and Alterations. Except as otherwise explicitly set forth herein, Tenant shall have no authority, without the express written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; addinstall reasonable trade fixtures that will have no adverse effect on either (a) the structure, removeroof, or modify internal wiring; erect foundation of the Building, or remove non-load bearing walls; add (b) the plumbing, heating (and cooling), mechanical, electrical or remove internal doors; construct internal clean room(s); other systems or services in the Building, and to make repairs to the Leased Premises Building and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except for Cosmetic Alterations and Non-Structural Alterations as otherwise outlined hereinprovided below, Tenant shall not construct or permit any alterations, installations, additions or improvements improvements, including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed (and which approvals as to all such Alterations shall be subject to the ten day approval process described below) provided that:
(a) if the improvement involves a sign or will otherwise be visible from the exterior then the improvement must be compatible with the architectural and aesthetic qualities of the Leased Premises and the Site; and
(bi) the improvement Alteration must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased PremisesBuilding; and
(cii) the changeAlteration, when completed completed, will not materially adversely affect the value of the Leased Premises or the SitePremises; and
(diii) Tenant demonstrates to Landlord’s satisfaction that the improvement Alteration will be made in accordance with applicable legal requirements all Legal Requirements using good quality materials and good quality construction practices and will not result in any liens on the Leased Premises; and CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION.
(iv) the Alterations shall be performed by contractor(s) approved by Landlord, which approval shall not be unreasonably withheld or delayed; and
(ev) as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(fvi) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlordthe value of such work exceeds Ten Thousand Dollars ($10,000.00) then, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work, in forms and in amounts reasonably satisfactory to Landlord. Landlord hereby approves Tenant’s Work as shown or described in Exhibit D attached hereto. Tenant shall have the right authority, without Landlord consent, to make minor alterations from time either (i) cosmetic changes to time the Premises, not requiring any structural or other substantial modifications to the Premises (“Cosmetic Alterations”) or (ii) non-structural Alterations that do not exceed $50,000 per project and which does not affect the Building’s electrical, mechanical, plumbing or life safety systems (“Non-Structural Alterations”), in the interior each case upon ten (10) business days prior notice to Landlord. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. Certificates of the Leased Premises without obtaining Landlord’s prior written consent such insurance, with paid receipts therefor, provided must be received by Landlord before the applicable work is commenced. Tenant shall pay promptly when due the entire cost of any work at or on the Premises undertaken by Tenant so that the Premises shall at all times be free of liens for labor and materials. Tenant shall procure all necessary permits before undertaking such work; shall do all of such work conforms to in a good and workmanlike manner, employing materials of good quality; shall comply with all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Legal Requirements; and shall save Landlord and Landlord’s prior written consent Mortgagee and the requirement in subsection (e) all parties claiming by, through, or under Landlord, harmless and indemnified from and against all injury, loss, claims or damage to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description any person or property occasioned by or growing out of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is made.work
Appears in 1 contract
Changes and Alterations. Except as otherwise explicitly set forth herein, Tenant shall have no authoritythe right at any time, without and from time to time during the express written consent Term, to make such changes and alterations, structural or otherwise, to the Demised Premises as Tenant shall deem necessary or desirable in connection with the requirements of Landlord its business, which changes and alterations (other than changes or alterations of Tenant's Trade Fixtures and equipment) shall be made in all cases subject to alterthe following conditions, remodel, reconstruct, demolish, add to, improve which Tenant covenants to observe and perform:
(a) No change or otherwise change the Leased Premises, except that alteration shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all federal, state and local permits and authorizations of the various governmental authorities having jurisdiction thereof, and Landlord agrees to join in the application for such authoritypermits or authorizations whenever such action is necessary, without all at Tenant's sole cost and expense, provided such applications do not cause Landlord to become liable for any cost, fees or expenses, and provided, at Landlord's direction, such approval is terminated, at the consent option of Landlord, at the expiration of the Term.
(b) In any undertaking of Tenant pursuant to build substructures; addthis Article 17, removeexcept in the instance of interior decorating, no change or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises alteration shall be undertaken until detailed plans and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having specifications have been first submitted to Landlord plans and specifications therefor for approved in writing by Landlord’s approval, which approval shall not unreasonably be unreasonably withheld or delayed provided that:
delayed. Before commencement of any such change, alteration, restoration or construction (a"NEW WORK") which in Landlord's reasonable judgment would alter the Building Systems or structural elements of the Building, Tenant shall: (i) obtain Landlord's prior written consent (which consent may be withheld if the improvement involves change or alteration would, in the reasonable judgment of Landlord, impair the value or usefulness to Landlord of the Land or Improvements, or any substantial part thereof or would unreasonably alter the aesthetics of the Demised Premises); (ii) guarantee the completion thereof within a sign reasonable time thereafter (1) free and clear of all mechanic's liens or will otherwise be visible from the exterior then the improvement must be compatible other liens, encumbrances, security interests and charges, and (2) in accordance with the architectural plans and aesthetic qualities specifications approved by Landlord; and (iii) Tenant shall promptly upon the completion of the Leased Premises and New Work deliver to Landlord two (2) complete sets of "as built" drawings for the Site; and
(b) the improvement must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premises; andNew Work.
(c) the changeAny change or alteration shall, when completed will completed, be of such character as not materially adversely affect to reduce the value or utility of the Leased Demised Premises below its value or utility to Landlord immediately before such change or alteration, nor shall such change or alteration reduce the Site; andarea or cubic content of the Building, nor change the character of the Demised Premises as to use without Landlord's express written consent.
(d) Tenant demonstrates to Landlord’s satisfaction that the improvement will All New Work shall be made done promptly and in a good and workmanlike manner and in Compliance with Laws and in accordance with applicable legal requirements using good quality the orders, rules and regulations of the Board of Fire Underwriters where the Demised Premises are located, or any other body exercising similar functions. The cost of any such change or alteration shall be paid by Tenant so that the Demised Premises and all portions thereof shall at all times be free of liens for labor and materials supplied to the Demised Premises, or any portion thereof. The New Work shall be prosecuted with reasonable dispatch, delays due to strikes, lockouts, acts of God, inability to obtain labor or materials, governmental restrictions or similar causes beyond the reasonable control of Tenant excepted. Tenant shall obtain and good quality construction practices maintain, or cause to be obtained and will maintained, at its or its contractor's sole cost and expense, during the performance of the New Work, workers' compensation insurance covering all persons employed in connection with the New Work and with respect to which death or injury claims could be asserted against Landlord or Tenant or against the Demised Premised or any interest therein, together with comprehensive general liability insurance for the mutual benefit of Landlord and Tenant with limits of not result less than One Million Dollars ($1,000,000.00) in the event of injury to one person, Three Million Dollars ($3,000,000.00) in respect to any liens one accident or occurrence, and Five Hundred Thousand Dollars ($500,000.00) for property damage, and the fire insurance with "extended coverage" endorsement required by Section 5.1 hereof shall be supplemented with "builder's risk" insurance on a completed value form or other comparable coverage on the Leased Premises; andNew Work. All such insurance shall be in a company or companies authorized to do business in the State of Illinois that are reasonably satisfactory to Landlord. All such policies of insurance or certificates of insurance shall be delivered to Landlord endorsed "Premium Paid" by the company or agency issuing the same, or with other evidence of payment of the premium satisfactory to Landlord, prior to the commencement of any New Work.
(e) as soon as such work is completedAll improvements and alterations (other than Tenant's Trade Fixtures and equipment) made or installed by Tenant shall immediately, Tenant will have prepared upon completion or installation thereof, become the property of Landlord without payment therefor by Landlord, and provide shall be surrendered to Landlord with “as-built” plans on the expiration of the Term (in form acceptable unless the parties agree to Landlord) showing all such work; andthe contrary).
(f) Tenant will comply No change, alteration, restoration or new construction shall be in or connect the Improvements with any rules property, building or requirements reasonably promulgated other improvement located outside the boundaries of the Land and Expansion Land, nor shall the same obstruct or interfere with any then existing easement.
(g) If Landlord requires Tenant, in Landlord's reasonable discretion, to restore or remove such requested change or alteration, Landlord shall so notify Tenant by written notice, given at the time of Landlord's approval of such requested change or alteration. If Landlord so notifies Tenant, then at the expiration of the Term, 49 Tenant shall remove any such change or alteration and, at Tenant's sole cost and expense, restore any damage caused to the Demised Premises as a result of such removal. However, if Landlord fails to so notify Tenant of Landlord's requirement of removal, such changes or alterations may remain in connection with the doing of any workDemised Premises at no expense to Tenant, and if at no cost to Landlord. Landlord and Tenant may also agree, in writing prior to Tenant's change or alteration, that Tenant shall be allowed to remove such requested by Landlordchange or alteration, and in the event of such removal, Tenant will obtain shall, at its sole cost and maintain Builder’s Risk insurance in connection with expense, restore any damage caused by such work. Tenant shall have the right to make minor alterations from time to time in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all of such work conforms to all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is maderemoval.
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Changes and Alterations. A. Except as otherwise explicitly set forth provided herein, Tenant shall have no authoritymay, without at its own sole cost and expense, subject to obtaining the express prior written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, which consent is in Landlord’s sole discretion, make such non-structural changes and alterations to build substructures; addthe Premises as it deems necessary for its use. Tenant shall provide Landlord not less than fifteen (15) days’ prior written notice of any proposed changes or alterations to the Premises. Landlord shall have the right with respect to any work to post and file statutory notices of nonresponsibility and to require that Tenant obtain builder’s risk insurance.
B. All changes and alterations made by Tenant are to be performed in a proper, removelawful and workmanlike manner with new materials and responsible contractors, reasonably acceptable to Landlord. Tenant shall obtain all building permits, certificates of occupancy and other similar documents related to any change or modify internal wiring; erect alteration to the Premises in Txxxxx’s own name, at Tenant’s sole cost and expense, and Txxxxx agrees to indemnify Landlord from any cost which Landlord may incur in connection therewith, including any taxes or charges which may be imposed or increased as a result thereof. Landlord, at Txxxxx’s request, shall reasonably cooperate with Tenant in Tenant’s efforts to obtain such building permits, certificates of occupancy and similar documents.
C. Tenant shall neither cause nor permit any mechanic’s and/or materialmen’s claim or lien to be filed against the Premises. If any such mechanic’s and/or materialmen’s claim is filed, Tenant shall discharge or remove non-load bearing walls; add the same within thirty (30) days after the filing thereof or remove internal doors; construct internal clean room(s); make repairs bond against the same.
D. Except as provided herein, all equipment and other personal property of Tenant which does not become a permanent part of the Premises shall remain the property of Tenant and may be removed by Tenant at any time prior to the Leased Premises and do such other things as are appropriate to comply with last day of the obligations imposed on Tenant under other provisions Term or within three (3) days of any earlier termination of this Lease. Except as otherwise outlined herein, Tenant shall not construct Title to all improvements and trade fixtures made or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) installed at Tenant’s expense to the Leased Premises or (and which become a permanent part of the Building without having first submitted to Landlord plans and specifications therefor for Premises) shall remain indefinitely, at Landlord’s approvaloption and title to said improvements and trade fixtures shall vest in Landlord. Notwithstanding the foregoing, which approval shall not be unreasonably withheld or delayed provided that:
(a) if the improvement involves a sign or will otherwise be visible from the exterior then the improvement must be compatible with the architectural and aesthetic qualities of the Leased Premises and the Site; and
(b) the improvement must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premises; and
(c) the change, when completed will not materially adversely affect the value of the Leased Premises or the Site; and
(d) Tenant demonstrates to Landlord’s satisfaction that the improvement will be made in accordance with applicable legal requirements using good quality materials and good quality construction practices and will not result in any liens on the Leased Premises; and
(e) as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(f) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlord, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. Tenant shall have the right to make minor alterations from time to time in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all of such work conforms to all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that unless Tenant provides Landlord with a notice to the contrary prior to the Commencement Date, Landlord shall deliver the premises with the existing furniture, fixtures and equipment in the Premises (collectively the “FF&E”). The FF&E is delivered “as-is” and Tenant will have no obligation to insure the FF&E. Within five (5) business days following written description of such work (and such other data as notice from Tenant, Landlord may request) not later than 30 days after each such alteration is madewill, at Landlord’s cost, remove the FF&E, provided Tenant will reasonably cooperate to make the FF&E available for Landlord to remove.
Appears in 1 contract
Samples: Lease Agreement (Neonc Technologies Holdings, Inc.)
Changes and Alterations. Except as otherwise explicitly set forth herein, Tenant shall have no authority, without the express written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed provided that:
(a) if the improvement involves a sign or will otherwise be visible from the exterior then the improvement must be compatible with the architectural and aesthetic qualities of the Leased Premises and the Site; and
(b) the improvement must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premises; and
(c) the change, when completed will not materially adversely affect the value of the Leased Premises or the Site; and
(d) Tenant demonstrates to Landlord’s satisfaction that the improvement will be made in accordance with applicable legal requirements using good quality materials and good quality construction practices and will not result in any liens on the Leased Premises; and
(e) as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(f) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlord, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. Tenant shall have the right to make minor alterations from time decorative alterations, such as painting, wall coverings and floor coverings (collectively “Decorative Alterations”) without Landlord’s consent. In addition, Tenant shall have the right to time make non-structural changes to the Premises which do not adversely affect any building systems and do not exceed $100,000.00 per year in the interior of the Leased Premises aggregate, without obtaining Landlord’s prior written consent thereforconsent, provided that all of such work conforms to all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a copy of any existing plans and/or sketches prior to the commencement of work. However, Tenant shall not make any other changes to the Premises, or any part thereof, without Landlord’s consent and Landlord’s agent consent (currently the Office of Campus Planning, Design and Construction hereinafter referred to as “PDC,” at SBU), which consent shall not be unreasonably withheld, conditioned or delayed. Within fifteen (15) days of Landlord’s receipt of any request by Tenant for approval of proposed changes to the Premises, Landlord shall approve or disapprove (stating in reasonable detail the reasons for any disapproval) such request. If Landlord fails to approve or disapprove such request within said fifteen (15) day period, Landlord’s consent to such changes shall be deemed given. All work must be approved for compliance with applicable building codes and energy conservation codes by the CPDC Code Compliance Manager prior to the start of any work. At Tenant’s request, Landlord shall join in any applications for any authorizations required from any authority in connection with any approved alterations and otherwise cooperate, without cost, with Tenant regarding the same. Plans prepared by Tenant shall be provided to Landlord in connection with all alterations. All alterations for which the Landlord has provided its written description consent pursuant to this Section shall be accomplished at Tenant’s expense by contractors approved in writing by Landlord, such consent not to be unreasonably withheld, conditioned, or delayed. Should Landlord fail to respond to any request to approve any contractor within fifteen (15) days after such request, such contractor(s) shall be deemed approved. With respect to any alterations described herein, Tenant agrees that it shall: (i) obtain, prior to commencing any alterations and at its own expense, all permits, approvals and certificates required by any governmental or quasi-governmental authorities and provide to Landlord, upon completion, any necessary certificates of final approval thereof as well as duplicates of all such work required permits, approvals and certificates; and (ii) cause its contractors and subcontractors to carry such other data workers’ compensation, general liability, and personal property damage insurance as Landlord may requestreasonably require. All installations installed in the Premises at any time, either by Tenant or Landlord on behalf of Tenant, shall be surrendered with the Premises (unless as to any structural alterations or other types of alterations such as chemical storage areas, radioactive areas, walk-in cold or warm rooms, changes to slab flooring, reinforcing dividing walls, installation of blow-out safety devices/windows, roof penetrations or the like and that create a permanent impediment for future use of the Premises, Landlord, by written notice to Tenant given with its consent to such alterations, elects to have them removed by Tenant, in which event the same shall be removed by Tenant at Tenant’s expense upon expiration of the term of this Lease.) All installations installed in the Premises at any time (excluding movable fixtures, trade fixtures, attached furniture, personal property not later than 30 days after each such alteration is madeconstituting leasehold improvements, and specialty installations), either by Tenant or Landlord on behalf of Tenant, shall, upon installation, become the property of Landlord.
Appears in 1 contract
Changes and Alterations. Except as otherwise explicitly set forth herein, Tenant shall have no authority, without the express written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements improvements, including any exterior or interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor therefore for Landlord’s approval, which approval shall not be unreasonably withheld or delayed provided that:
(ai) if If the improvement Alteration involves a sign or will otherwise be visible from the exterior then the improvement Alteration must be compatible with the architectural and aesthetic qualities of the Leased Premises and the SiteLand; and
(bii) the improvement The Alteration must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased PremisesBuilding, and the improvement Alteration (except for signs) must be entirely within the Leased Premises; and
(ciii) the changeThe Alteration, when completed completed, will not materially adversely affect the value of the Leased Premises or the SiteLand in Landlord’s reasonable discretion; and
(div) Tenant demonstrates to Landlord’s ’ s satisfaction that the improvement Alteration will be made in accordance with applicable legal requirements all Legal Requirements using good quality materials and good quality construction practices and will not result in any liens on the Leased Premises; and
(ev) as As soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(fvi) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlord, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. Tenant shall have the right to make minor alterations non-structural Alterations from time to time in the interior of Premises which do not affect the Leased Premises Building systems without obtaining Landlord’s prior written consent therefortherefore, provided that all of such work conforms to all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord)respects, and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) prior to commencing any such Alteration, and further provided that the aggregate cost of such minor alterations may not later than 30 days after each such alteration is madeexceed $10,000.00 in any twelve (12) month period.
Appears in 1 contract
Changes and Alterations. Except as otherwise explicitly set forth herein, Tenant shall have no authority, without the express written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, (a) Tenant shall not construct make any changes or permit any alterations, installations, additions alterations ("Alterations") in or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval's prior written consent, which approval consent shall not be unreasonably withheld or delayed with regard to Alterations that do not affect the Building's structure or systems, provided that:
that Landlord's consent shall not be required for purely cosmetic Alterations (asuch as paint and carpet) if that cost less than $25,000.00. Any approved Alterations shall be made on the improvement involves a sign or will otherwise following conditions: (i) before proceeding with any Alteration, Tenant shall submit to Landlord for Landlord's approval plans and specifications for the work to be visible from done, and Tenant shall not proceed with such work until it obtains Landlord's approval; (ii) Tenant shall pay to Landlord upon demand the exterior then reasonable cost and expense of Landlord in (A) reviewing said plans and specifications and (B) inspecting the improvement must be compatible Alterations to determine whether the same are being performed in accordance with the architectural approved plans and aesthetic qualities specifications and all laws and requirements of public authorities, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose; (iii) Intentionally Omitted; (iv) Tenant shall fully and promptly comply with and observe the rules and regulations of Landlord then in force with respect to the making of Alterations; (v) the entire cost of the Leased Premises Alterations shall be borne by Tenant; and (vi) Tenant agrees that any review or approval by Landlord of any plans or specifications with respect to any Alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant with respect to the Site; andadequacy, correctness or efficiency thereof or otherwise.
(b) Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the improvement must commencement and prosecution of Alterations and for final approval thereof upon completion, and shall cause Alterations to be non-structural performed in compliance therewith and have no effect on with all applicable law and requirements of public authorities and with all applicable requirements of insurance bodies. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the plumbingbetter of (i) the original installations of the Building, heating or (and cooling)ii) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Landlord; provided, however, that any Alterations in or to the mechanical, electrical electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed only by contractors designated by Landlord. Alterations shall be performed in such manner as not to unreasonably interfere with or services delay and as not to impose an additional expense upon Landlord in the Leased Premisesconstruction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as a result of Tenant's performance of any Alterations, Tenant shall pay such additional expense upon demand. Throughout the performance of Alterations, Tenant, at its expense, shall carry, or cause to be carried, worker's compensation insurance in statutory limits, employer's liability in a minimum amount of One Hundred Thousand and 00/100 Dollars ($100,000.00), comprehensive general liability insurance, including completed operation endorsement, and broad form general liability endorsement and comprehensive auto liability, including owned, non-owned and hired vehicles, for any occurrence in or about the improvement (except for signsBuilding, under which Landlord and its agent shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Alterations and, on request, at reasonable intervals thereafter during the continuance of Alterations. All insurance required by this subparagraph 11(b) must name Landlord and Tenant as additional named insureds. If any Alterations shall involve the removal of any fixtures, equipment or other property in the Premises which are not Tenant's Property, such fixtures, equipment or other property shall be entirely within the Leased Premises; andpromptly replaced at Tenant's expense with new fixtures, equipment or other property of like utility and at least equal value unless Landlord shall otherwise expressly consent.
(c) Tenant, at its expense, and with diligence and dispatch, shall procure the changecancellation or discharge of all notices of violation arising from or otherwise connected with Alterations, when completed will not materially adversely affect or any other work, labor, services or materials done for or supplied to Tenant, or any person claiming through or under Tenant, which shall be issued by the value Town of the Leased Premises Farmington, or the Site; and
(d) any other public authority having or asserting jurisdiction. Tenant demonstrates to Landlord’s satisfaction that the improvement will be made in accordance with applicable legal requirements using good quality materials shall defend, indemnify and good quality construction practices save harmless Landlord from and will not result in against any and all mechanics' and other liens on the Leased Premises; and
(e) as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(f) Tenant will comply with any rules or requirements reasonably promulgated by Landlord encumbrances filed in connection with the doing of Alterations, or any other work, labor, services or materials done for or supplied to Tenant, or any person claiming through or under Tenant, including, without limitation, security interests in any materials, fixtures or articles so installed in and if requested by Landlordconstituting part of the Premises and against all costs, Tenant will obtain expenses and maintain Builder’s Risk insurance liability incurred in connection with any such worklien or encumbrance or any action or proceeding brought thereon. Tenant Tenant, at its expense, shall have the right to make minor alterations from time to time in the interior procure tie satisfaction or discharge or record of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all of such work conforms to all of the above requirements in all respects liens and encumbrances within three (except for the requirement in subsection (a3) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is madethe filing thereof.
Appears in 1 contract
Samples: Office Lease (Darwin Professional Underwriters Inc)
Changes and Alterations. Except as otherwise explicitly set forth herein, Tenant (a) Subtenant shall have no authority, not make any changes or alterations ("Alterations") in or to the Premises without the express Sublandlord's prior written consent (not to be unreasonably withheld, conditioned or delayed with regard to Alterations that do not affect the structure of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted or Building systems outside of the Premises). Any approved Alterations shall be made on the following conditions: (i) before proceeding with any Alteration, Subtenant shall submit to Landlord Sublandlord for Sublandlord's approval plans and specifications therefor for Landlord’s the work to be done, and Subtenant shall not proceed with such work until it obtains Sublandlord's approval, which approval shall not be unreasonably withheld withheld, conditioned or delayed provided that:
with regard to Alterations that do not affect the structure of the Building or Building systems outside of the Premises; (aii) if Subtenant shall pay to Sublandlord, within fifteen (15) days following Sublandlord’s written notice, the improvement involves reasonable out-of-pocket cost and expense actually incurred by Sublandlord in (A) reviewing said plans and specifications and (B) inspecting the Alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all laws and requirements of public authorities, including, without limitation, the fees of any architect or engineer employed by Sublandlord for such purpose; (iii) Subtenant shall fully and promptly comply with and observe the applicable rules and regulations of Sublandlord then in force with respect to the making of Alterations; (iv) except for costs relating to Sublandlord’s negligence or willful misconduct, the entire cost of the Alterations shall be borne by Subtenant; and (v) Subtenant agrees that any review or approval by Sublandlord of any plans or specifications with respect to any Alterations is solely for Sublandlord's benefit, and without any representation or warranty whatsoever to Subtenant with respect to the adequacy, correctness or efficiency thereof or otherwise. Notwithstanding anything to the contrary contained herein, Sublandlord agrees that its consent shall not be required to the extent that Landlord’s consent is not required under the Prime Lease. In connection therewith, Landlord represents that the following provision is in the Prime Lease and is hereby incorporated into this Sublease: “Landlord's consent shall not be required for any Alteration that satisfies all of the following criteria (a sign or will otherwise be "Cosmetic Alteration"): (1) is of a cosmetic nature such as painting, wallpapering, hanging pictures and/or installing carpeting; (2) is not readily visible from the exterior then streets around the improvement must be compatible with Premises or Building; (3) will not affect the architectural and aesthetic qualities systems or structure of the Leased Premises Building; and (4) does not require work to be performed inside the Site; andwalls or at, above or to the ceiling of the Premises.”
(b) Subtenant, at its expense, shall obtain all necessary governmental permits and certificates for the improvement must commencement and prosecution of Alterations and for final approval thereof upon completion, and shall cause Alterations to be non-structural performed in compliance therewith and have no effect on with all applicable law and requirements of public authorities and with all applicable requirements of insurance bodies. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the plumbingbetter of (i) the original installations of the Building, heating or (and coolingii) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Sublandlord (not to be unreasonably withheld, conditioned or delayed); provided, however, that any Alterations in or to the mechanical, electrical electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed only by contractors designated by Sublandlord. Alterations shall be performed in such manner as not to unreasonably interfere with or services delay and as not to impose an additional expense upon Sublandlord in the Leased Premisesconstruction, maintenance, repair or operation of the larger premises leased by Sublandlord; and if any such additional expense shall be incurred by Sublandlord as a proximate result of Subtenant's performance of any Alterations, Subtenant shall pay such additional expense within fifteen (15) days following Sublandlord’s written notice. Throughout the performance of Alterations, Subtenant, at its expense, shall carry, or cause to be carried, worker's compensation insurance in statutory limits, employer's liability in a minimum amount of One Hundred Thousand and 00/100 Dollars ($100,000.00), comprehensive general liability insurance, including completed operation endorsement, and broad form general liability endorsement and comprehensive auto liability, including owned, non-owned and hired vehicles, for any occurrence in or about the improvement (except for signsBuilding, under which Sublandlord shall be named as an additional insured, in such limits as Sublandlord may reasonably require, with insurers reasonably satisfactory to Sublandlord. Subtenant shall furnish Sublandlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Alterations and, on request, at reasonable intervals thereafter during the continuance of Alterations. All insurance required by this subparagraph 12(b) must name Sublandlord and Landlord as additional insureds. If any Alterations shall involve the removal of any fixtures, equipment or other property in the Premises which are not Subtenant's Property, such fixtures, equipment or other property shall be entirely within the Leased Premises; andpromptly replaced at Subtenant's expense with new fixtures, equipment or other property of like utility and at least equal value unless Sublandlord shall otherwise expressly consent.
(c) Subtenant, at its expense, and with diligence and dispatch, shall procure the changecancellation or discharge of all notices of violation arising from or otherwise connected with Alterations, when completed will not materially adversely affect or any other work, labor, services or materials done for or supplied to Subtenant, or any person claiming through or under Subtenant, which shall be issued by the value City of New Haven, or any other public authority having or asserting jurisdiction. Subtenant shall defend, indemnify and save harmless Sublandlord from and against any and all mechanics' and other liens and encumbrances filed against the Building in connection with Alterations, or any other work, labor, services or materials done for or supplied to Subtenant, or any person claiming through or under Subtenant, including, without limitation, security interests in any materials, fixtures or articles so installed in and constituting part of the Leased Premises and against all costs, expenses and liability incurred in connection with any such lien or encumbrance or any action or proceeding brought thereon. Subtenant, at its expense, shall procure the Site; andsatisfaction or discharge or record of all such liens and encumbrances (by bonding or otherwise) within ten (10) days after written notice from Sublandlord of the filing thereof.
(d) Tenant demonstrates Subject to Landlordthe other provisions of this Paragraph 12, including without limitation the obligation to obtain Sublandlord’s satisfaction that approval of the improvement will be made in accordance with applicable legal requirements using good quality materials and good quality construction practices and will not result in any liens on plans and/or specifications for the Leased Premises; and
(e) as soon as such work is completedsame, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(f) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlord, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. Tenant Subtenant shall have the right to make minor alterations from time perform, and Sublandlord and Landlord hereby consent to, the work to time the Premises as set forth on Exhibit B attached hereto and made a part hereof (collectively, “Subtenant’s Work”). Subtenant’s Work shall be performed promptly after the date of this Sublease. Sublandlord shall reimburse to Subtenant for up to $35,000.00 toward the cost of Subtenant’s Demising Work (as defined in Exhibit B) (the “Allowance”). Such reimbursement shall occur upon substantial completion of Subtenant’s Demising Work, in the interior amount of the Leased Premises without obtaining Landlordcost of Subtenant’s prior written consent thereforDemising Work, provided that all of such work conforms as evidenced by contractor invoices, up to all the amount of the above requirements Allowance, in all respects one lump sum payment. Sublandlord shall reasonably cooperate with Subtenant in the pursuit of any governmental or agency approvals required in connection with Subtenant’s Work. Subtenant shall not be entitled to any cash payment, nor any credit against annual rent or additional rent, in the event that the cost of Subtenant’s Demising Work is less than the Allowance. Sublandlord hereby agrees that Subtenant shall not be required to remove any portion of Subtenant’s Work at the end of the term of this Sublease; provided, however, Subtenant shall have the right to remove the Air Compressor (except as defined in Exhibit B). To the extent that the Subtenant’s Demising Work is not completed prior to the Commencement Date, Subtenant will not occupy or use the space from which the Premises will be demised (i.e., the remaining portions of the larger premises from which the Premises forms a part) for any reason; provided, however, Subtenant shall have the requirement in subsection (a) right to obtain Landlordoccupy the Premises on the Commencement Date regardless of whether such Subtenant’s Demising Work has been completed. The fact that Subtenant’s Demising Work is not done prior written consent to the Commencement Date will not affect any of Subtenant’s obligations under this Sublease on and after the requirement in subsection (e) Commencement Date, including without limitation, the obligation to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is madepay annual rent.
Appears in 1 contract
Changes and Alterations. Except as otherwise explicitly set forth herein, 18.1 Tenant shall have no authoritythe right at any time, without and from time to time during the express term of this Lease Agreement, to make such changes and alterations, structural or otherwise, to the Building, Improvements and fixtures hereafter erected on the Demised Premises as Tenant shall deem necessary or desirable in connection with the requirements of its business, which such changes and alterations (other than changes or alterations to Tenant's movable trade fixtures and equipment or those of Tenant's vendors, users or employees) shall be made in all cases subject to Landlord's written consent of Landlord approval, such approval not to alterbe unreasonably withheld or delayed, remodeland additionally subject to the following conditions, reconstruct, demolish, add to, improve which Tenant covenants to observe and perform:
(a) No change or otherwise change the Leased Premises, except that alteration shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all municipal, state and federal permits and authorizations of the various governmental bodies and departments having jurisdiction thereof, and Landlord agrees to join in the application for such authoritypermits or authorizations whenever such action is necessary, all at Tenant's sole cost and expense, provided such applications do not cause Landlord to become liable for any cost, fees or expenses.
(b) Any change or alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Buildings to which such change or alteration is made below its value or utility to Landlord immediately before such change or alteration, nor shall such change or alteration alter the exterior of the Improvements or reduce the area or cubic content of the Buildings, nor change the character of the Demised Premises or the Buildings as to use without Landlord's express written consent.
(c) All Work done in connection with any change or alteration shall be done promptly and in a good and workmanlike manner and in compliance with all building and zoning laws of the consent place in which the Demised Premises are situated, and with all laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments. The cost of any such change or alteration shall be paid for by Tenant so that the Demised Premises and all portions thereof shall at all times be free of liens for labor and materials supplied to the Demised Premises, or any portion thereof. The Work of any change or alteration shall be prosecuted with reasonable dispatch, delays due to strikes, lockouts, acts of God, inability to obtain labor or materials, governmental restrictions or similar causes beyond the control of Tenant excepted. Tenant shall obtain and maintain, at its sole cost and expense, during the performance of the Work, workers' compensation insurance covering all persons employed in connection with the Work and with respect to which death or injury claims could be asserted against Landlord or Tenant or against the Demised Premises or any interest therein, together with comprehensive general liability insurance of not less than One Million Dollars ($1,000,000.00) in the event of injury to one person, Five Million Dollars ($5,000,000.00) in respect to any one accident or occurrence, and Five Hundred Thousand Dollars ($500,000.00) for property damage, and the fire insurance with "extended coverage" endorsement required by Paragraph 5.1 hereof shall be supplemented with "builder's risk" insurance on a completed value form or other comparable coverage on the Work. All such insurance shall be in a company or companies authorized to do business in the state in which the Demised Premises are located and reasonably satisfactory to Landlord, and all such policies of insurance or certificates of insurance shall be delivered to build substructures; add, removeLandlord endorsed "Premium Paid" by the company or agency issuing the same, or modify internal wiring; erect with other evidence of payment of the premium satisfactory to Landlord.
(d) All improvements and alterations (other than Tenant's movable trade fixtures and equipment or remove non-load bearing walls; add those of Tenant's vendors, users or remove internal doors; construct internal clean room(s); make repairs employees) made or installed by Tenant shall immediately, upon completion or installation thereof, become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord on the Leased Premises and do such other things as are appropriate to comply with expiration of the obligations imposed on Tenant under other provisions term of this Lease. Except as otherwise outlined hereinLease Agreement.
(e) No change, alteration, restoration or new construction shall be in or connect the Improvements with any property, building or other improvement located outside the boundaries of the parcel of land described in Exhibit "A" or Exhibit "B" attached hereto, nor shall the same obstruct or interfere with any existing easement.
(f) As a condition to granting approval for any changes or alterations, Landlord may require Tenant to agree that Landlord, by written notice to Tenant, given at or prior to termination of this Lease Agreement, may require Tenant to remove any improvements, additions or installations installed by Tenant in the Demised Premises at Tenant's sole cost and expense, and repair and restore any damage caused by the installation and removal of such improvements, additions, or installations; provided, however, the only improvements, additions or installations which Tenant shall remove shall be those specified in such notice.
(g) Notwithstanding the forgoing, Tenant shall not construct remove trees or permit conduct any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to grading regarding of the Leased Demised Premises or without the Building without having first submitted to Landlord plans and specifications therefor for prior written approval of Landlord’s approval, which approval consent shall not be unreasonably withheld or delayed provided that:
(a) if the improvement involves a sign or will otherwise be visible from the exterior then the improvement must be compatible with the architectural and aesthetic qualities of the Leased Premises and the Site; and
(b) the improvement must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased Premises, and the improvement (except for signs) must be entirely within the Leased Premises; and
(c) the change, when completed will not materially adversely affect the value of the Leased Premises or the Site; and
(d) Tenant demonstrates to Landlord’s satisfaction that the improvement will be made in accordance with applicable legal requirements using good quality materials and good quality construction practices and will not result in any liens on the Leased Premises; and
(e) as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(f) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlord, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. Tenant shall have the right to make minor alterations from time to time in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all of such work conforms to all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is madedelayed.
Appears in 1 contract
Changes and Alterations. Except 8.1 The Purchaser is aware that the Owner intends to carry out a residential / commercial development in the said Project on the said Property in phase wise manner by constructing various buildings, flats and shops therein and the Promoter also intends to provide for the sole and exclusive use of the purchasers of certain specified premises/ flats certain areas and facilities like multi purpose hall, garden, terrace, etc. in accordance with the statutory approvals granted by the concerned local authority and which have been seen and approved by the Purchaser subject to such variations and modifications as otherwise explicitly the Owner may consider necessary or as may be required by the concerned Authority / the Government to be made therein or in any of them.
8.2 The Owner shall be entitled to amend, alter, modify and / or vary the building plans, layout plans, designs and specifications whether so required by any Statutory / local authority or body or due to any change in or coming in to force of any statutory provisions, Rules, Regulations, or for the purpose of fully exploiting the development potential of the said Land as set forth hereinout herein or otherwise. The Purchaser hereby irrevocably agrees and unconditionally gives his / her/ their consent to the Owner, Tenant to carry out such amendments, alterations, modifications and/or variations as aforesaid. The Owner shall have no authority, without the express written however obtain prior consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approvalPurchaser, which approval shall not be unreasonably withheld by the Purchaser, in respect of any variation or delayed provided that:
(a) if the improvement involves a sign or will otherwise be visible from the exterior then the improvement must be compatible with the architectural and aesthetic qualities of the Leased Premises and the Site; and
(b) the improvement must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services modification in the Leased Premisesbuilding plans, and the improvement (except for signs) must be entirely within the Leased Premises; and
(c) the change, when completed will not materially which may adversely affect the value dimensions and/or area of the Leased said Premises or agreed to be purchased by the Site; and
(d) Tenant demonstrates to Landlord’s satisfaction that the improvement will be made in accordance with applicable legal requirements using good quality materials and good quality construction practices and will not result in any liens on the Leased Premises; and
(e) as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(f) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlord, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. Tenant shall have the right to make minor alterations from time to time in the interior of the Leased Premises without obtaining Landlord’s prior written consent thereforPurchaser, provided that all of if the Purchaser does not object within 15 days from the date on which the Owner seeks his consent, such work conforms consent shall be deemed to all have been given and thereafter, the Purchaser will have no right to raise any objection.
8.3 The Purchaser is aware that the statutory approvals require the Owner to handover D.P Road, Gramin Road and also certain stipulated percentage of the above requirements said Land, to the concerned statutory/local authorities and maintain the said Reservations. The said Property (being the portion of the said Land left after handing over the stipulated percentage as mentioned in all respects (except for Recital H above) shall be conveyed in favour of the requirement in subsection (a) to obtain Landlord’s prior written consent and Federation/ Apex Body formed of the requirement in subsection (e) to provide “as-built” plans to Landlord), and further provided that Tenant provides Landlord with a written description Society / Association of such work (and such other data as Landlord may request) not later than 30 days after each such alteration is madeflat Purchasers / Limited Company/ Legal Entity of the flat purchasers of various buildings.
Appears in 1 contract
Samples: Sale Agreement
Changes and Alterations. Except as otherwise explicitly set forth herein, Tenant shall have no authority, without the express written consent of Landlord Landlord, to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building or the Business Park without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed provided that:
(a) if the improvement involves a sign or will otherwise be visible from the exterior exterior, then the improvement must be compatible with the architectural and aesthetic qualities of the Leased Premises and the SiteLand and the Business Park. Tenant may install a lighted sign on the Building and a sign in the lobby of the Building, subject to Tenant complying with all the requirements of this Section 7.13 (including, without limitation, the requirement that Tenant obtain the prior written consent of Landlord to the plans and specifications); and
(b) the improvement must be non-structural and have no effect on the plumbing, heating (and cooling), mechanical, electrical or other systems or services in the Leased PremisesPremises or the Building, and the improvement (except for signs) must be entirely within the Leased Premises; and
(c) the change, when completed completed, will not materially adversely affect the value of the Leased Premises or the SiteLand or the Business Park; and
(d) Tenant demonstrates to Landlord’s satisfaction that the improvement will be made in accordance with all applicable legal requirements Legal Requirements, using good quality materials and good quality construction practices practices, and will not result in any liens on the Leased Premises; and
(e) as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and
(f) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlord, Tenant will obtain and maintain Builder’s Risk insurance in connection with such work. Tenant shall have the right to make minor alterations from time to time in the interior of the Leased Premises without obtaining Landlord’s prior written consent therefor, provided that all of such work conforms to all of the above requirements in all respects (except for the requirement in subsection (a) to obtain Landlord’s prior written consent and the requirement in subsection (e) to provide “as-built” plans to Landlord)respects, and further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) prior to commencing any such alteration, and further provided that the aggregate cost of such minor alterations may not later than 30 days after each such alteration is madeexceed $5,000 in any twelve month period.
Appears in 1 contract
Samples: Lease Agreement (Avici Systems Inc)
Changes and Alterations. Except Section 11.1. Lessee shall not replace, alter or repair the Premises or any part thereof or any equipment or appurtenance thereto if the cost thereof exceeds in the aggregate Fifty Thousand and No/100 Dollars ($50,000.00) (any such action being hereinafter referred to as otherwise explicitly set forth hereina "Capital Improvement"), Tenant unless Lessee shall have no authority, without the express written consent of Landlord to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Leased Premises, except that Tenant shall have such authority, without the consent of Landlord, to build substructures; add, remove, or modify internal wiring; erect or remove non-load bearing walls; add or remove internal doors; construct internal clean room(s); make repairs to the Leased Premises and do such other things as are appropriate to comply with the obligations imposed on Tenant under other provisions of this Lease. Except as otherwise outlined herein, Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs (“Alterations”) to the Leased Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approvalfollowing requirements, which approval shall not be unreasonably withheld or delayed provided thatapplicable to all Capital Improvements:
(a) if Lessee shall, before the improvement involves a sign or will otherwise be visible from commencement of the exterior then work, obtain Lessor's prior consent to the improvement must be compatible proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Lessor with the architectural following:
(1) complete plans and aesthetic qualities specifications for the work prepared by a licensed architect approved by Lessor, which plans and specifications shall also meet with Lessor's approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Lessor's sole and absolute property in the event that this Lease shall be terminated for any reason;
(2) a fixed-sum contract in assignable form made with a reputable and responsible contractor satisfactory to Lessor, providing for the erection, completion and terms of payment for all work, labor and materials necessary to perform the Leased work within the fixed price provided for in said contract;
(3) an assignment to Lessor of said contract, duly executed and acknowledged by Lessee, to be effective upon any termination of this Lease or upon Lessor's re-entry upon the Premises and following an Event of Default prior to complete performance of such contract, such assignment also to include the Sitebenefits of all payments made on account of said contract, including payments made prior to the effective date of such assignment; and
(b4) the improvement must be non-structural a surety company completion bond, in form and have no effect on the plumbingfrom an insurer satisfactory to Lessor, heating (and cooling), mechanical, electrical or other systems or services issued by an insurer licensed to do business in the Leased PremisesState of Illinois, and guaranteeing the improvement (except for signs) must be entirely within the Leased Premises; and
(c) the change, when completed will not materially adversely affect the value full completion of the Leased Premises work and payment therefor within a reasonable time, free and clear of all mechanics' or the Site; and
(d) Tenant demonstrates to Landlord’s satisfaction that the improvement will be made similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with applicable legal requirements using good quality materials the plans and good quality construction practices and will not result specifications approved by Lessor, or other security satisfactory to Lessor, in any liens on the Leased Premises; andLessor's sole discretion.
(eb) as soon as such work is completed, Tenant will have prepared Lessee shall (1) at its expense carry or cause to be carried the necessary workmen's compensation insurance and provide Landlord with “as-built” plans (in form acceptable cause the insurance policies required under Section 9.1 to Landlord) showing all such work; and
(f) Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with be endorsed to cover the doing additional risk during the course of any the work, and if requested by Landlord, Tenant will obtain (2) procure all necessary permits from all governmental agencies and maintain Builder’s Risk insurance departments having jurisdiction in connection with such work. Tenant Lessee shall have deliver evidence of compliance with the right foregoing requirements to make minor alterations from time Lessor prior to time in the interior commencement of the Leased Premises without obtaining Landlord’s prior written consent thereforwork. Whenever requested by Lessor during the period of work, provided that all of such work conforms to all Lessee shall cause the architect in charge of the above requirements work (or if there is no architect in all respects (except charge, the general contractor performing the work) to report in writing to Lessor as to whether the work is being done promptly and in a good and workmanlike manner, and in substantial compliance with the plans and specifications for the requirement work. Lessee shall also deliver to Lessor copies of any and all interim or progress certificates or other reports submitted by Lessee's architect, engineer or contractor.
(c) The Capital Improvements shall be made promptly, in subsection a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises.
Section 11.2. Title to any Building, Improvements, fixtures, (a) to obtain Landlord’s prior written consent and the requirement other than Trade Fixtures as described in subsection (e) to provide “as-built” plans to LandlordSection 21.2), additions, alterations, restorations, repairs and further provided that Tenant provides Landlord with a written description replacements constructed, made or installed by Lessee, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Articles of this Lease, shall be and become Lessor's sole property at the end of the Term without the necessity of Lessee's execution and delivery of any instrument transferring title thereto. Notwithstanding the foregoing, Lessee covenants and agrees upon Lessor's request to execute, acknowledge and deliver to Lessor any instrument reasonably requested by Lessor to confirm such work (title, and if Lessee shall fail or refuse to execute, acknowledge and deliver any such other data as Landlord may request) not later than 30 days after each instrument, Lessor is hereby irrevocably appointed Lessee's attorney-in-fact to execute, acknowledge and deliver such alteration is madeinstrument in Lessee's name.
Appears in 1 contract
Samples: Lease Agreement (Blue Rhino Corp)
