Construction of Tenant Improvements. Tenant shall have the right to place partitions and fixtures and make improvements or other alterations in the Additional Premises in accordance with the provisions of Paragraph 9 of the Lease. Landlord shall provide Tenant a tenant finish allowance of up to One Hundred Eighty-Six Thousand, Eight Hundred Forty Dollars and No Cents ($186,840.00) to be applied toward the cost of any such tenant-provided improvements as follows: 1. The tenant finish allowance shall be paid in periodic installments, not more frequently than once per month, equal to the total of the contractor's or consultant's invoice amounts for improvements made to the Additional Premises, excluding any furnishings or business equipment (such as computers, satellite/microwave dish, office equipment, etc.), as submitted by Tenant and verified to Landlord's reasonable satisfaction; provided, however, that such payments will be made only if Tenant is not then in Default under the terms of this Lease and invoices are accompanied by lien waivers in the amount equal to that of the invoices. The tenant finish allowance shall be allocated and distributed subject to the provisions of this Exhibit "B" as follows: June 1, 1995 - February 29, 1996 Up To $65,112.00 January 1, 1998 - September 30, 1998 Up To $121,728.00 2. Upon the earlier of the end dates identified in the allocation schedule specified in Paragraph 1 above, or the satisfaction of all obligations associated with the tenant improvements covered under this Article II and receipt of the associated lien waivers for the work, the Tenant shall forfeit any unused portion of the allowance. Any requests for payment received by the Landlord after the above specified end dates, will be returned to the Tenant and will be the obligation and sole responsibility of the Tenant. 3. In addition to the provisions set forth in Paragraph 9 of the Lease, Tenant's contractor shall (and its contract shall so provide): (a) conduct its work in such a manner so as not to unreasonably interfere with other tenants in the Building, Building operations, or any other construction occurring on or in the Building or the Premises; 54 (b) execute a set of and comply with all rules and regulations relating to the construction activities in or on the Building as may be reasonably promulgated from time to time by Landlord or its agents; (c) maintain such insurance (such as general liability and xxxxxxx'x compensation) and bonds (such as performance and completion) in force and effect as may be reasonably requested by Landlord or as required by applicable law (but in any event said bonds shall be in amounts equal to the full value or cost of the work being done by the Tenant contractor); (d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work, including but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials, placement of dumpsters, access to the Premises and the Building, and the purchase and return of Building standard materials. (e) Upon completion of any tenant improvements, Tenant shall promptly furnish Landlord with sworn owner's and contractors' statements and full and final waivers of lien covering all labor and materials included in such improvements. Tenant shall not permit any mechanic's lien to be filed against the Building, or any part thereof, arising out of any improvement performed, or alleged to have been performed, by or on behalf of Tenant. If any such lien is filed, Tenant shall within ten (10) days thereafter have such lien released of record or deliver to Landlord a bond in form, amount, and issued by a surety satisfactory to Landlord, indemnifying Landlord against all costs and liabilities resulting from such lien and the foreclosure or attempted foreclosure thereof. If Tenant fails to have such lien so released or to deliver such bond to Landlord, Landlord, without investigating the validity of such lien, may pay or discharge the same; and Tenant shall reimburse Landlord upon demand for the amount so paid by Landlord, including Landlord's expenses and attorney's fees. 4. Landlord shall have the right to approve all subcontractors to be used by the Tenant's contractor, which approval shall not be unreasonably withheld as long as such subcontractors satisfy the requirements of this Article II. 5. Tenant shall indemnify and hold harmless Landlord, its agents, contractors (including Building Contractor), and any mortgagee of Landlord, from and against any and all losses, damages, costs (including costs of suit and attorneys' fees), liabilities, or causes of action for injury to or death of any person, for damage to any property, and for mechanic's materialmen's or other liens or claims arising out of or in connection with the work done by the Tenant's contractor (and Tenant's contractor's subcontractors and sub-subcontractors) under its contract with Tenant. 6. The failure by Tenant, after receiving written notice, to materially comply with any of the provisions of Article II of this Exhibit shall constitute a Default by Tenant under the terms of the Lease and Landlord shall have the benefit of all remedies provided for in the Lease, except Tenant shall have a thirty (30) day right to cure Default upon receipt of written notice . 7. Upon completion of the Tenant Improvements, Tenant shall deliver to Landlord two (2) copies of the "as built" plans and specifications for the Tenant Improvements completed under Article II of this Exhibit within thirty (30) days of completing the same. EXHIBIT "F" to be made a part of a Lease between THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (Landlord), and DATA TRANSMISSION NETWORK CORPORATION (Tenant), dated May 2, 1995. (Page 1 of 2) RULES & REGULATIONS 1. Sidewalks, doorways, vestibules, halls, stairways, elevator lobbies and other similar areas in the common areas of the Building shall not be used for the storage of materials or disposal of trash, be obstructed by tenants or Landlord, or be used by tenants or Landlord for any purpose other than entrance to and from the tenant's leased areas and the Building and for going from one part of the Building to another part of the Building. 2. Plumbing fixtures shall be used only for the purposes for which they are designed, and no sweepings, rubbish, rags or other unsuitable materials shall be disposed into them. Damage resulting to any such fixtures proven to result from misuse by a tenant, and not by Landlord's cleaning contractors responsible for cleaning the tenant's leased area and the Building, shall be the liability of said tenant. 3. Signs, advertisements, graphics or notices visible in or from public corridors, any common area or public areas of the Building or from outside the Building shall be subject to Landlord's (or Landlord's property manager's) prior written approval, which approval shall not be unreasonably withheld. No part of the Complex may be defaced by Tenants . 4. Significant movement in or out of the Building of furniture, office equipment, or any other bulky or heavy materials shall be restricted to such hours as Landlord (or Landlord's property manager) shall reasonably designate. Landlord (or Landlord's property manager) will determine the method and routing of the movement of said items so as to ensure the safety of all persons and property concerned and Tenant shall be responsible for all costs and expenses associated therewith. Advance written notice of intent to move such items must be made to the Landlord (or Landlord's property manager) at least twenty-four (24) hours before the time of such move. For non significant movement in or out of the Building of portable items which do not require use of dollies or other moving equipment, notice to Landlord (or Landlord's property manager) shall not be required. 5. All deliveries to a tenant's leased premises, requiring dedicated elevator service for multiple trips that potentially will disrupt service for visitors and other tenants of the Building during normal business operations as defined in paragraph 5.A., shall be made through special arrangements with the Landlord. In general, passenger elevators are to be used only for the movement of persons and small deliveries during these normal business hours. Tenants may obtain the prior written consent of Landlord (or Landlord's property manager) for any exception to the provisions of this Paragraph 5. 6. Landlord (or Landlord's property manager) shall have the authority to approve the proposed weight and location of any safes and heavy furniture and equipment, which shall in all cases stand on supporting devices approved by Landlord in order to distribute the weight. 7. Corridor doors which lead to common areas of the Building (other than doors opening into the elevator lobby on floors leased entirely to a tenant) shall be kept closed at all times. 57 8. Each tenant shall cooperate with Landlord (and Landlord's property manager) in keeping its leased area neat and clean. No tenant shall employ any person for the purpose of such cleaning other than the Building's cleaning and maintenance personnel without prior approval of Landlord (or Landlord's property manager). 9. All elevator lobbies are to be kept neat and clean. The disposal of trash or storage of materials in these areas is prohibited. 10. No birds, fish or other animals shall be brought into or kept in, on or about the Building (except for Seeing Eye dogs). 11. Tenants shall not tamper with or attempt to adjust temperature control thermostats in their leased premises. Landlord shall promptly respond to each tenant's notices as to, and Landlord (or Landlord's property manager) shall adjust thermostats as required to maintain, the Building standard temperature. Each tenant shall use reasonable efforts to keep all window blinds down and tilted at a 45 degree angle toward the street to help maintain comfortable room temperatures and conserve energy. 12. Each tenant will comply with all security procedures necessary both during business hours and after hours and on weekends. Landlord will provide each tenant with prior notice of such security procedures and any changes thereto promptly. 13. Tenants are requested to lock all office doors leading to corridors and to turn out all lights at the close of their working day; provided, however, that no tenant shall be responsible to ensure that Landlord's cleaning contractor locks doors and turns out lights after cleaning the tenant's leased premises. 14. All requests for overtime air conditioning or heating must be submitted in writing to Landlord (or Landlord's property manager) by an authorized representative of the tenant. A list of persons authorized to request such overtime services (and any amendments thereto) will be furnished by the tenant to Landlord and Landlord shall be entitled to rely thereon. Any such request must be made by 2:00 p.m. on the day desired for weekday requests, by 2:00 p.m. Friday for weekend requests and by 2:00 p.m. on the preceding business day for holiday requests. Requests made after that time may result in an additional charge (not to exceed Landlord's cost) to such Tenant, if acted upon by Landlord. Landlord will make reasonable efforts to accommodate untimely requests by Tenant for overtime air conditioning or heating. Charges for overtime operation of air conditioning or heating shall be at the then current cost of operating the required system components. Charges will be billed on Tenant's monthly statement and are due within thirty (30) days of receipt of by Tenant of the statement. 15. No flammable or explosive fluids or materials shall be kept or used within the Building except in areas approved by Landlord, and each tenant shall comply with all applicable building and fire codes relating thereto. 16. Tenants may not make any modifications, alterations, additions or repairs to their leased premises and may not install any furniture, fixture or equipment in their leased premises which is in violation of any applicable building and/or fire code governing their lease premises or the Project. The tenant must obtain prior approval from Landlord (or) Landlord's property manager) of any such alterations, modifications and additions and shall deliver

Appears in 1 contract

Samples: Standard Office Lease (Data Transmission Network Corp)

Construction of Tenant Improvements. Tenant shall have the right to place partitions and fixtures and make improvements or other alterations in the Additional Premises in accordance with the provisions of Paragraph 9 of the Lease. Landlord shall provide Tenant a tenant finish allowance of up to Sixty-One ~~Hundred Eighty-Six~~ Thousand, Eight Hundred ~~Forty~~ Thirty-Two Dollars and No Twenty Cents ($~~186,840.00~~61,832.20) to be applied toward the cost of any such tenant-provided improvements as follows: 1. The tenant finish allowance shall be paid in periodic installments, not more frequently than once per month, equal to the total of the contractor's or consultant's invoice amounts for improvements made to the Additional Premises, excluding any furnishings or business equipment (such as computers, satellite/microwave dish, office equipment, etc.), as submitted by Tenant and verified to Landlord's reasonable satisfaction; provided, however, that such payments will be made only if Tenant is not then in Default under the terms of this Lease and invoices are accompanied by lien waivers in the amount equal to that of the invoices. The tenant finish allowance shall be allocated and distributed subject to the provisions of this Exhibit "B" as follows: ~~June~~ October 1, 1995 - February 29, 1996 Up To $~~65,112.00 January~~ 30,412.00 July 1, ~~1998~~ 1996 - ~~September~~ November 30, ~~1998~~ 1996 Up To $~~121,728.00~~30,790.22 2. Upon the earlier of the end dates identified in the allocation schedule specified in Paragraph 1 above, or the satisfaction of all obligations associated with the tenant improvements covered under this Article II and receipt of the associated lien waivers for the work, the Tenant shall forfeit any unused portion of the allowance. Any requests for payment received by the Landlord after the above specified end dates, will be returned to the Tenant and will be the obligation and sole responsibility of the Tenant. 3. In addition to the provisions set forth in Paragraph 9 of the Lease, Tenant's contractor shall (and its contract shall so provide): (a) conduct its work in such a manner so as not to unreasonably interfere with other tenants in the Building, Building operations, or any other construction occurring on or in the Building or the Premises~~; 54~~; (b) execute a set of and comply with all rules and regulations relating to the construction activities in or on the Building as may be reasonably promulgated from time to time by Landlord or its agents; (c) maintain such insurance (such as general liability and ~~xxxxxxx'x compensation~~workman's compexxxxxxx) and bonds (such as performance and completion) in force and effect as may be reasonably requested by Landlord or as required by applicable law (but in any event said bonds shall be in amounts equal to the full value or cost of the work being done by the Tenant contractor); (d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work, including but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials, placement of dumpsters, access to the Premises and the Building, and the purchase and return of Building standard materials. (e) Upon completion of any tenant improvements, Tenant shall promptly furnish Landlord with sworn owner's and contractors' statements and full and final waivers of lien covering all labor and materials included in such improvements. Tenant shall not permit any mechanic's lien to be filed against the Building, or any part thereof, arising out of any improvement performed, or alleged to have been performed, by or on behalf of Tenant. If any such lien is filed, Tenant shall within ten (10) days thereafter have such lien released of record or deliver to Landlord a bond in form, amount, and issued by a surety satisfactory to Landlord, indemnifying Landlord against all costs and liabilities resulting from such lien and the foreclosure or attempted foreclosure thereof. If Tenant fails to have such lien so released or to deliver such bond to Landlord, Landlord, without investigating the validity of such lien, may pay or discharge the same; and Tenant shall reimburse Landlord upon demand for the amount so paid by Landlord, including Landlord's expenses and attorney's fees. 4. Landlord shall have the right to approve all subcontractors to be used by the Tenant's contractor, which approval shall not be unreasonably withheld as long as such subcontractors satisfy the requirements of this Article II. 5. Tenant shall indemnify and hold harmless Landlord, its agents, contractors (including Building Contractor), and any mortgagee of Landlord, from and against any and all losses, damages, costs (including costs of suit and attorneys' fees), liabilities, or causes of action for injury to or death of any person, for damage to any property, and for mechanic's materialmen's or other liens or claims arising out of or in connection with the work done by the Tenant's contractor (and Tenant's contractor's subcontractors and sub-subcontractors) under its contract with Tenant. 6. The failure by Tenant, after receiving written notice, to materially comply with any of the provisions of Article II of this Exhibit shall constitute a Default by Tenant under the terms of the Lease and Landlord shall have the benefit of all remedies provided for in the Lease, except Tenant shall have a thirty (30) day right to cure Default upon receipt of written notice . 7. Upon completion of the Tenant Improvements, Tenant shall deliver to Landlord two (2) copies of the "as built" plans and specifications for the Tenant Improvements completed under Article II of this Exhibit within thirty (30) days of completing the same. EXHIBIT "F" to be made a part of a Lease between THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (Landlord), and DATA TRANSMISSION NETWORK CORPORATION (Tenant), dated May 2, 1995. (Page 1 of 2) RULES & REGULATIONS 1. Sidewalks, doorways, vestibules, halls, stairways, elevator lobbies and other similar areas in the common areas of the Building shall not be used for the storage of materials or disposal of trash, be obstructed by tenants or Landlord, or be used by tenants or Landlord for any purpose other than entrance to and from the tenant's leased areas and the Building and for going from one part of the Building to another part of the Building. 2. Plumbing fixtures shall be used only for the purposes for which they are designed, and no sweepings, rubbish, rags or other unsuitable materials shall be disposed into them. Damage resulting to any such fixtures proven to result from misuse by a tenant, and not by Landlord's cleaning contractors responsible for cleaning the tenant's leased area and the Building, shall be the liability of said tenant. 3. Signs, advertisements, graphics or notices visible in or from public corridors, any common area or public areas of the Building or from outside the Building shall be subject to Landlord's (or Landlord's property manager's) prior written approval, which approval shall not be unreasonably withheld. No part of the Complex may be defaced by Tenants . 4. Significant movement in or out of the Building of furniture, office equipment, or any other bulky or heavy materials shall be restricted to such hours as Landlord (or Landlord's property manager) shall reasonably designate. Landlord (or Landlord's property manager) will determine the method and routing of the movement of said items so as to ensure the safety of all persons and property concerned and Tenant shall be responsible for all costs and expenses associated therewith. Advance written notice of intent to move such items must be made to the Landlord (or Landlord's property manager) at least twenty-four (24) hours before the time of such move. For non significant movement in or out of the Building of portable items which do not require use of dollies or other moving equipment, notice to Landlord (or Landlord's property manager) shall not be required. 5. All deliveries to a tenant's leased premises, requiring dedicated elevator service for multiple trips that potentially will disrupt service for visitors and other tenants of the Building during normal business operations as defined in paragraph 5.A., shall be made through special arrangements with the Landlord. In general, passenger elevators are to be used only for the movement of persons and small deliveries during these normal business hours. Tenants may obtain the prior written consent of Landlord (or Landlord's property manager) for any exception to the provisions of this Paragraph 5. 6. Landlord (or Landlord's property manager) shall have the authority to approve the proposed weight and location of any safes and heavy furniture and equipment, which shall in all cases stand on supporting devices approved by Landlord in order to distribute the weight. 7. Corridor doors which lead to common areas of the Building (other than doors opening into the elevator lobby on floors leased entirely to a tenant) shall be kept closed at all times. 57 8. Each tenant shall cooperate with Landlord (and Landlord's property manager) in keeping its leased area neat and clean. No tenant shall employ any person for the purpose of such cleaning other than the Building's cleaning and maintenance personnel without prior approval of Landlord (or Landlord's property manager). 9. All elevator lobbies are to be kept neat and clean. The disposal of trash or storage of materials in these areas is prohibited. 10. No birds, fish or other animals shall be brought into or kept in, on or about the Building (except for Seeing Eye dogs). 11. Tenants shall not tamper with or attempt to adjust temperature control thermostats in their leased premises. Landlord shall promptly respond to each tenant's notices as to, and Landlord (or Landlord's property manager) shall adjust thermostats as required to maintain, the Building standard temperature. Each tenant shall use reasonable efforts to keep all window blinds down and tilted at a 45 degree angle toward the street to help maintain comfortable room temperatures and conserve energy. 12. Each tenant will comply with all security procedures necessary both during business hours and after hours and on weekends. Landlord will provide each tenant with prior notice of such security procedures and any changes thereto promptly. 13. Tenants are requested to lock all office doors leading to corridors and to turn out all lights at the close of their working day; provided, however, that no tenant shall be responsible to ensure that Landlord's cleaning contractor locks doors and turns out lights after cleaning the tenant's leased premises. 14. All requests for overtime air conditioning or heating must be submitted in writing to Landlord (or Landlord's property manager) by an authorized representative of the tenant. A list of persons authorized to request such overtime services (and any amendments thereto) will be furnished by the tenant to Landlord and Landlord shall be entitled to rely thereon. Any such request must be made by 2:00 p.m. on the day desired for weekday requests, by 2:00 p.m. Friday for weekend requests and by 2:00 p.m. on the preceding business day for holiday requests. Requests made after that time may result in an additional charge (not to exceed Landlord's cost) to such Tenant, if acted upon by Landlord. Landlord will make reasonable efforts to accommodate untimely requests by Tenant for overtime air conditioning or heating. Charges for overtime operation of air conditioning or heating shall be at the then current cost of operating the required system components. Charges will be billed on Tenant's monthly statement and are due within thirty (30) days of receipt of by Tenant of the statement. 15. No flammable or explosive fluids or materials shall be kept or used within the Building except in areas approved by Landlord, and each tenant shall comply with all applicable building and fire codes relating thereto. 16. Tenants may not make any modifications, alterations, additions or repairs to their leased premises and may not install any furniture, fixture or equipment in their leased premises which is in violation of any applicable building and/or fire code governing their lease premises or the Project. The tenant must obtain prior approval from Landlord (or) Landlord's property manager) of any such alterations, modifications and additions and shall deliver

Appears in 1 contract

Samples: Lease (Data Transmission Network Corp)

Construction of Tenant Improvements. Tenant shall have the right to place partitions and fixtures and make improvements or other alterations in the ~~Additional~~ Expansion Premises in accordance with the provisions of Paragraph 9 of the Lease. Landlord shall provide Tenant a tenant finish allowance of up to ~~One Hundred Eighty-Six~~ Eleven Thousand, Eight Hundred ~~Forty~~ Dollars and No Cents ($~~186,840.00~~11,800.00) to be applied toward the cost of any such tenant-provided improvements as follows: 1. The tenant finish allowance shall be paid in periodic installments, not more frequently than once per month, equal to the total of the contractor's or consultant's invoice amounts for improvements made to the ~~Additional~~ Expansion Premises, excluding any furnishings or business equipment (such as computers, satellite/microwave dish, office equipment, etc.), as submitted by Tenant and verified to Landlord's reasonable satisfaction; provided, however, that such payments will be made only if Tenant is not then in Default under the terms of this Lease and invoices are accompanied by lien waivers in the amount equal to that of the invoices. The tenant finish allowance shall be allocated and distributed subject to the provisions of this Exhibit "B" as follows: ~~June 1~~September 16, ~~1995 - February 29, 1996 Up To $65,112.00 January 1, 1998~~ 1997 - September 3015, 1998 Up To $~~121,728.00~~11,800.00 2. Upon the earlier of the end ~~dates~~ date identified in the allocation schedule specified in Paragraph 1 above, or the satisfaction of all obligations associated with the tenant improvements covered under this Article II and receipt of the associated lien waivers for the work, the Tenant shall forfeit any unused portion of the allowance. Any requests for payment received by the Landlord after the above specified end ~~dates~~date, will be returned to the Tenant and will be the obligation and sole responsibility of the Tenant. 3. In addition to the provisions set forth in Paragraph 9 of the Lease, Tenant's contractor shall (and its contract shall so provide): (a) conduct its work in such a manner so as not to unreasonably interfere with other tenants in the Building, Building operations, or any other construction occurring on or in the Building or the Premises~~; 54~~; (b) execute a set of and comply with all rules and regulations relating to the construction activities in or on the Building as may be reasonably promulgated from time to time by Landlord or its agents; (c) maintain such insurance (such as general liability and xxxxxxx'x compensation) and bonds (such as performance and completion) in force and effect as may be reasonably requested by Landlord or as required by applicable law (but in any event said bonds shall be in amounts equal to the full value or cost of the work being done by the Tenant contractor); (d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work, including but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials, placement of dumpsters, access to the Premises and the Building, and the purchase and return of Building standard materials. (e) Upon completion of any tenant improvements, Tenant shall promptly furnish Landlord with sworn owner's and contractors' statements and full and final waivers of lien covering all labor and materials included in such improvements. Tenant shall not permit any mechanic's lien to be filed against the Building, or any part thereof, arising out of any improvement performed, or alleged to have been performed, by or on behalf of Tenant. If any such lien is filed, Tenant shall within ten (10) days thereafter have such lien released of record or deliver to Landlord a bond in form, amount, and issued by a surety satisfactory to Landlord, indemnifying Landlord against all costs and liabilities resulting from such lien and the foreclosure or attempted foreclosure thereof. If Tenant fails to have such lien so released or to deliver such bond to Landlord, Landlord, without investigating the validity of such lien, may pay or discharge the same; and Tenant shall reimburse Landlord upon demand for the amount so paid by Landlord, including Landlord's expenses and attorney's fees. 4. Landlord shall have the right to approve all subcontractors to be used by the Tenant's contractor, which approval shall not be unreasonably withheld as long as such subcontractors satisfy the requirements of this Article II. 5. Tenant shall indemnify and hold harmless Landlord, its agents, contractors (including Building Contractor), and any mortgagee of Landlord, from and against any and all losses, damages, costs (including costs of suit and attorneys' fees), liabilities, or causes of action for injury to or death of any person, for damage to any property, and for mechanic's materialmen's or other liens or claims arising out of or in connection with the work done by the Tenant's contractor (and Tenant's contractor's subcontractors and sub-subcontractors) under its contract with Tenant. 6. The failure by Tenant, after receiving written notice, to materially comply with any of the provisions of Article II of this Exhibit shall constitute a Default by Tenant under the terms of the Lease and Landlord shall have the benefit of all remedies provided for in the Lease, except Tenant shall have a thirty (30) day right to cure Default upon receipt of written notice . 7. Upon completion of the Tenant Improvements, Tenant shall deliver to Landlord two (2) copies of the "as built" plans and specifications for the Tenant Improvements completed under Article II of this Exhibit within thirty (30) days of completing the same. EXHIBIT "FC" ~~to be made a part of a Lease between THE PRUDENTIAL INSURANCE COMPANY OF AMERICA~~ TO A SEVENTH AMENDMENT TO LEASE BETWEEN LAFP-SF, INC., (~~Landlord), and~~ LANDLORD) AND DATA TRANSMISSION NETWORK ~~CORPORATION~~ CORPORATION, (~~Tenant)~~TENANT) DATED JANUARY 5, ~~dated May 2, 1995. (Page~~ 1998 COMMENCEMENT DATE AGREEMENT This Commencement Date Agreement is entered into by Landlord and Tenant pursuant to Paragraph 1 of 2) RULES & REGULATIONS 1. Sidewalks, doorways, vestibules, halls, stairways, elevator lobbies and other similar areas in the common areas of the Building shall not be used for the storage of materials or disposal of trash, be obstructed by tenants or Landlord, or be used by tenants or Landlord for any purpose other than entrance to and from the tenant's leased areas and the Building and for going from one part of the Building to another part of the Buildingthis Amendment. 2. Plumbing fixtures shall be used only for the purposes for which they are designed, and no sweepings, rubbish, rags or other unsuitable materials shall be disposed into them. Damage resulting to any such fixtures proven to result from misuse by a tenant, and not by Landlord's cleaning contractors responsible for cleaning the tenant's leased area and the Building, shall be the liability of said tenant. 3. Signs, advertisements, graphics or notices visible in or from public corridors, any common area or public areas of the Building or from outside the Building shall be subject to Landlord's (or Landlord's property manager's) prior written approval, which approval shall not be unreasonably withheld. No part of the Complex may be defaced by Tenants . 4. Significant movement in or out of the Building of furniture, office equipment, or any other bulky or heavy materials shall be restricted to such hours as Landlord (or Landlord's property manager) shall reasonably designate. Landlord (or Landlord's property manager) will determine the method and routing of the movement of said items so as to ensure the safety of all persons and property concerned and Tenant shall be responsible for all costs and expenses associated therewith. Advance written notice of intent to move such items must be made to the Landlord (or Landlord's property manager) at least twenty-four (24) hours before the time of such move. For non significant movement in or out of the Building of portable items which do not require use of dollies or other moving equipment, notice to Landlord (or Landlord's property manager) shall not be required. 5. All deliveries to a tenant's leased premises, requiring dedicated elevator service for multiple trips that potentially will disrupt service for visitors and other tenants of the Building during normal business operations as defined in paragraph 5.A., shall be made through special arrangements with the Landlord. In general, passenger elevators are to be used only for the movement of persons and small deliveries during these normal business hours. Tenants may obtain the prior written consent of Landlord (or Landlord's property manager) for any exception to the provisions of this Paragraph 5. 6. Landlord (or Landlord's property manager) shall have the authority to approve the proposed weight and location of any safes and heavy furniture and equipment, which shall in all cases stand on supporting devices approved by Landlord in order to distribute the weight. 7. Corridor doors which lead to common areas of the Building (other than doors opening into the elevator lobby on floors leased entirely to a tenant) shall be kept closed at all times. 57 8. Each tenant shall cooperate with Landlord (and Landlord's property manager) in keeping its leased area neat and clean. No tenant shall employ any person for the purpose of such cleaning other than the Building's cleaning and maintenance personnel without prior approval of Landlord (or Landlord's property manager). 9. All elevator lobbies are to be kept neat and clean. The disposal of trash or storage of materials in these areas is prohibited. 10. No birds, fish or other animals shall be brought into or kept in, on or about the Building (except for Seeing Eye dogs). 11. Tenants shall not tamper with or attempt to adjust temperature control thermostats in their leased premises. Landlord shall promptly respond to each tenant's notices as to, and Landlord (or Landlord's property manager) shall adjust thermostats as required to maintain, the Building standard temperature. Each tenant shall use reasonable efforts to keep all window blinds down and tilted at a 45 degree angle toward the street to help maintain comfortable room temperatures and conserve energy. 12. Each tenant will comply with all security procedures necessary both during business hours and after hours and on weekends. Landlord will provide each tenant with prior notice of such security procedures and any changes thereto promptly. 13. Tenants are requested to lock all office doors leading to corridors and to turn out all lights at the close of their working day; provided, however, that no tenant shall be responsible to ensure that Landlord's cleaning contractor locks doors and turns out lights after cleaning the tenant's leased premises. 14. All requests for overtime air conditioning or heating must be submitted in writing to Landlord (or Landlord's property manager) by an authorized representative of the tenant. A list of persons authorized to request such overtime services (and any amendments thereto) will be furnished by the tenant to Landlord and Landlord shall be entitled to rely thereon. Any such request must be made by 2:00 p.m. on the day desired for weekday requests, by 2:00 p.m. Friday for weekend requests and by 2:00 p.m. on the preceding business day for holiday requests. Requests made after that time may result in an additional charge (not to exceed Landlord's cost) to such Tenant, if acted upon by Landlord. Landlord will make reasonable efforts to accommodate untimely requests by Tenant for overtime air conditioning or heating. Charges for overtime operation of air conditioning or heating shall be at the then current cost of operating the required system components. Charges will be billed on Tenant's monthly statement and are due within thirty (30) days of receipt of by Tenant of the statement. 15. No flammable or explosive fluids or materials shall be kept or used within the Building except in areas approved by Landlord, and each tenant shall comply with all applicable building and fire codes relating thereto. 16. Tenants may not make any modifications, alterations, additions or repairs to their leased premises and may not install any furniture, fixture or equipment in their leased premises which is in violation of any applicable building and/or fire code governing their lease premises or the Project. The tenant must obtain prior approval from Landlord (or) Landlord's property manager) of any such alterations, modifications and additions and shall deliver

Appears in 1 contract

Samples: Lease (Data Transmission Network Corp)

Construction of Tenant Improvements. Tenant shall have the right to place partitions and fixtures and make improvements or other alterations in the ~~Additional~~ Premises in accordance with the provisions of Paragraph 9 of the Lease. Tenant shall have the right to apply up to $84,320.19, which amount constitutes the amount remaining from improvement 7 -285- allowances previously provided by Landlord to Tenant for Suites 315 and 350A ("Carry Over Improvement Allowance"), and, in addition, Landlord shall provide to Tenant ~~a tenant finish~~ an additional improvement allowance of up to ~~One Hundred Eighty~~two hundred fifteen thousand, one hundred fifty-~~Six Thousand, Eight Hundred Forty Dollars and No Cents~~ two dollars ($~~186,840.00~~215,152) to ("Additional Improvement Allowance"), all of which may be applied toward the cost of any such tenant-provided improvements as ~~follows:~~follows (the Carry Over Improvement Allowance and the Additional Improvement Allowance are hereinafter sometimes referred to together as the "Improvement Allowance"): 1. At least three (3) weeks prior to the commencement of any construction, Tenant shall furnish Landlord with two (2) complete sets of plans and specifications for Tenant's proposed improvements for review and assessment as to the compatibility of said improvements with the Building's systems. Such review shall be a Tenant's sole cost and expense and shall not be unduly delayed. Tenant agrees to make such modifications as are reasonably required by Landlord. 2. The ~~tenant finish allowance~~ Improvement Allowance shall be paid in periodic installments, not more frequently than once per month, equal to the total of the contractor's or consultant's invoice amounts for improvements made to the ~~Additional~~ Premises, excluding any furnishings or business equipment (such as computers, satellite/microwave dish, office equipment, etc.), as submitted by Tenant and verified to Landlord's reasonable satisfaction; provided, however, that such payments will be made only if Tenant is not then in ~~Default~~ default under the terms of this Lease and the invoices are accompanied by lien waivers in the amount equal to that of the invoices, and provided further that the Final Installment, as defined in paragraph 8 below, shall be paid only upon compliance with the provisions of said paragraph 8. Landlord shall make such periodic payments within thirty days of complete submittal by Tenant in accordance with the provisions hereof. The ~~tenant finish allowance~~ Improvement Allowance shall be allocated and distributed subject to the provisions of this Exhibit "B" ~~as follows~~within the following time frame, subject to Excusable Delays: Additional Improvement Allowance - Between the Expansion Premises Commencement Date and the later of 12 months thereafter or June ~~1, 1995 - February 29, 1996 Up To $65,112.00 January 1, 1998 - September~~ 30, ~~1998 Up To $121,728.00 2~~2003. ~~Upon~~ Carry Over Improvement Allowance - Between the earlier of the end dates identified in the allocation schedule specified in Paragraph 1 above, or the satisfaction of all obligations associated with the tenant improvements covered under this Article II and receipt of the associated lien waivers for the work, the Tenant shall forfeit any unused portion of the allowance. Any requests for payment received by the Landlord after the above specified end dates, will be returned to the Tenant and will be the obligation and sole responsibility of the Tenant. 3. In addition to the provisions set forth in Paragraph 9 of the Lease, Tenant's contractor shall (and its contract shall so provide): (a) conduct its work in such a manner so as not to unreasonably interfere with other tenants in the Building, Building operations, or any other construction occurring on or in the Building or the Premises; 54 (b) execute a set of and comply with all rules and regulations relating to the construction activities in or on the Building as may be reasonably promulgated from time to time by Landlord or its agents; (c) maintain such insurance (such as general liability and xxxxxxx'x compensation) and bonds (such as performance and completion) in force and effect as may be reasonably requested by Landlord or as required by applicable law (but in any event said bonds shall be in amounts equal to the full value or cost of the work being done by the Tenant contractor); (d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work, including but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials, placement of dumpsters, access to the Premises and the Building, and the purchase and return of Building standard materials. (e) Upon completion of any tenant improvements, Tenant shall promptly furnish Landlord with sworn owner's and contractors' statements and full and final waivers of lien covering all labor and materials included in such improvements. Tenant shall not permit any mechanic's lien to be filed against the Building, or any part thereof, arising out of any improvement performed, or alleged to have been performed, by or on behalf of Tenant. If any such lien is filed, Tenant shall within ten (10) days thereafter have such lien released of record or deliver to Landlord a bond in form, amount, and issued by a surety satisfactory to Landlord, indemnifying Landlord against all costs and liabilities resulting from such lien and the foreclosure or attempted foreclosure thereof. If Tenant fails to have such lien so released or to deliver such bond to Landlord, Landlord, without investigating the validity of such lien, may pay or discharge the same; and Tenant shall reimburse Landlord upon demand for the amount so paid by Landlord, including Landlord's expenses and attorney's fees. 4. Landlord shall have the right to approve all subcontractors to be used by the Tenant's contractor, which approval shall not be unreasonably withheld as long as such subcontractors satisfy the requirements date of this ~~Article II. 5. Tenant shall indemnify~~ Amendment and ~~hold harmless Landlord~~June 30, its agents, contractors (including Building Contractor), and any mortgagee of Landlord, from and against any and all losses, damages, costs (including costs of suit and attorneys' fees), liabilities, or causes of action for injury to or death of any person, for damage to any property, and for mechanic's materialmen's or other liens or claims arising out of or in connection with the work done by the Tenant's contractor (and Tenant's contractor's subcontractors and sub-subcontractors) under its contract with Tenant. 6. The failure by Tenant, after receiving written notice, to materially comply with any of the provisions of Article II of this Exhibit shall constitute a Default by Tenant under the terms of the Lease and Landlord shall have the benefit of all remedies provided for in the Lease, except Tenant shall have a thirty (30) day right to cure Default upon receipt of written notice . 7. Upon completion of the Tenant Improvements, Tenant shall deliver to Landlord two (2) copies of the "as built" plans and specifications for the Tenant Improvements completed under Article II of this Exhibit within thirty (30) days of completing the same. EXHIBIT "F" to be made a part of a Lease between THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (Landlord), and DATA TRANSMISSION NETWORK CORPORATION (Tenant), dated May 2, 1995. (Page 1 of 2) RULES & REGULATIONS 1. Sidewalks, doorways, vestibules, halls, stairways, elevator lobbies and other similar areas in the common areas of the Building shall not be used for the storage of materials or disposal of trash, be obstructed by tenants or Landlord, or be used by tenants or Landlord for any purpose other than entrance to and from the tenant's leased areas and the Building and for going from one part of the Building to another part of the Building. 2. Plumbing fixtures shall be used only for the purposes for which they are designed, and no sweepings, rubbish, rags or other unsuitable materials shall be disposed into them. Damage resulting to any such fixtures proven to result from misuse by a tenant, and not by Landlord's cleaning contractors responsible for cleaning the tenant's leased area and the Building, shall be the liability of said tenant. 3. Signs, advertisements, graphics or notices visible in or from public corridors, any common area or public areas of the Building or from outside the Building shall be subject to Landlord's (or Landlord's property manager's) prior written approval, which approval shall not be unreasonably withheld. No part of the Complex may be defaced by Tenants . 4. Significant movement in or out of the Building of furniture, office equipment, or any other bulky or heavy materials shall be restricted to such hours as Landlord (or Landlord's property manager) shall reasonably designate. Landlord (or Landlord's property manager) will determine the method and routing of the movement of said items so as to ensure the safety of all persons and property concerned and Tenant shall be responsible for all costs and expenses associated therewith. Advance written notice of intent to move such items must be made to the Landlord (or Landlord's property manager) at least twenty-four (24) hours before the time of such move. For non significant movement in or out of the Building of portable items which do not require use of dollies or other moving equipment, notice to Landlord (or Landlord's property manager) shall not be required. 5. All deliveries to a tenant's leased premises, requiring dedicated elevator service for multiple trips that potentially will disrupt service for visitors and other tenants of the Building during normal business operations as defined in paragraph 5.A., shall be made through special arrangements with the Landlord. In general, passenger elevators are to be used only for the movement of persons and small deliveries during these normal business hours. Tenants may obtain the prior written consent of Landlord (or Landlord's property manager) for any exception to the provisions of this Paragraph 5. 6. Landlord (or Landlord's property manager) shall have the authority to approve the proposed weight and location of any safes and heavy furniture and equipment, which shall in all cases stand on supporting devices approved by Landlord in order to distribute the weight. 7. Corridor doors which lead to common areas of the Building (other than doors opening into the elevator lobby on floors leased entirely to a tenant) shall be kept closed at all times. 57 8. Each tenant shall cooperate with Landlord (and Landlord's property manager) in keeping its leased area neat and clean. No tenant shall employ any person for the purpose of such cleaning other than the Building's cleaning and maintenance personnel without prior approval of Landlord (or Landlord's property manager). 9. All elevator lobbies are to be kept neat and clean. The disposal of trash or storage of materials in these areas is prohibited. 10. No birds, fish or other animals shall be brought into or kept in, on or about the Building (except for Seeing Eye dogs). 11. Tenants shall not tamper with or attempt to adjust temperature control thermostats in their leased premises. Landlord shall promptly respond to each tenant's notices as to, and Landlord (or Landlord's property manager) shall adjust thermostats as required to maintain, the Building standard temperature. Each tenant shall use reasonable efforts to keep all window blinds down and tilted at a 45 degree angle toward the street to help maintain comfortable room temperatures and conserve energy. 12. Each tenant will comply with all security procedures necessary both during business hours and after hours and on weekends. Landlord will provide each tenant with prior notice of such security procedures and any changes thereto promptly. 13. Tenants are requested to lock all office doors leading to corridors and to turn out all lights at the close of their working day; provided, however, that no tenant shall be responsible to ensure that Landlord's cleaning contractor locks doors and turns out lights after cleaning the tenant's leased premises. 14. All requests for overtime air conditioning or heating must be submitted in writing to Landlord (or Landlord's property manager) by an authorized representative of the tenant. A list of persons authorized to request such overtime services (and any amendments thereto) will be furnished by the tenant to Landlord and Landlord shall be entitled to rely thereon. Any such request must be made by 2:00 p.m. on the day desired for weekday requests, by 2:00 p.m. Friday for weekend requests and by 2:00 p.m. on the preceding business day for holiday requests. Requests made after that time may result in an additional charge (not to exceed Landlord's cost) to such Tenant, if acted upon by Landlord. Landlord will make reasonable efforts to accommodate untimely requests by Tenant for overtime air conditioning or heating. Charges for overtime operation of air conditioning or heating shall be at the then current cost of operating the required system components. Charges will be billed on Tenant's monthly statement and are due within thirty (30) days of receipt of by Tenant of the statement. 15. No flammable or explosive fluids or materials shall be kept or used within the Building except in areas approved by Landlord, and each tenant shall comply with all applicable building and fire codes relating thereto. 16. Tenants may not make any modifications, alterations, additions or repairs to their leased premises and may not install any furniture, fixture or equipment in their leased premises which is in violation of any applicable building and/or fire code governing their lease premises or the Project. The tenant must obtain prior approval from Landlord (or) Landlord's property manager) of any such alterations, modifications and additions and shall deliver2000

Appears in 1 contract

Samples: Lease (Data Transmission Network Corp)

Construction of Tenant Improvements. Tenant shall have the right to place partitions and fixtures and make improvements or other alterations in the Additional ~~Premises~~ Space in accordance with the provisions of Paragraph 9 of the Lease. Landlord shall provide Tenant a tenant finish allowance of up to ~~One Hundred Eighty-Six~~ Forty Eight Thousand, ~~Eight~~ Six Hundred ~~Forty~~ Dollars and No Nineteen Cents ($~~186,840.00~~45,440.00) to be applied toward the cost of any such tenant-provided improvements as follows: 1. The tenant finish allowance shall be paid in periodic installments, not more frequently than once per month, equal to the total of the contractor's or consultant's invoice amounts for improvements made to the Additional ~~Premises~~Space, excluding any furnishings or business equipment (such as computers, satellite/microwave dish, office equipment, etc.), as submitted by Tenant and verified to Landlord's reasonable satisfaction; provided, however, that such payments will be made only if Tenant is not then in Default under the terms of this Lease and invoices are accompanied by lien waivers in the amount equal to that of the invoices. The tenant finish allowance shall be allocated and distributed subject to the provisions of this Exhibit "B" as follows: ~~June~~ August 1, ~~1995~~ 1997 - ~~February 29, 1996 Up To $65,112.00 January 1, 1998 - September 30~~July 31, 1998 Up To $~~121,728.00~~45,440.00 2. Upon the earlier of the end ~~dates~~ date identified in the allocation schedule specified in Paragraph 1 above, or the satisfaction of all obligations associated with the tenant improvements covered under this Article II and receipt of the associated lien waivers for the work, the Tenant shall forfeit any unused portion of the allowance. Any requests for payment received by the Landlord after the above specified end dates, will be returned to the Tenant and will be the obligation and sole responsibility of the Tenant. 3. In addition to the provisions set forth in Paragraph 9 of the Lease, Tenant's contractor shall (and its contract shall so provide): (a) conduct its work in such a manner so as not to unreasonably interfere with other tenants in the Building, Building operations, or any other construction occurring on or in the Building or the Premises~~; 54~~; (b) execute a set of and comply with all rules and regulations relating to the construction activities in or on the Building as may be reasonably promulgated from time to time by Landlord or its agents; (c) maintain such insurance (such as general liability and xxxxxxx'x compensation) and bonds (such as performance and completion) in force and effect as may be reasonably requested by Landlord or as required by applicable law (but in any event said bonds shall be in amounts equal to the full value or cost of the work being done by the Tenant contractor); (d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work, including but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials, placement of dumpsters, access to the Premises and the Building, and the purchase and return of Building standard materials. (e) Upon completion of any tenant improvements, Tenant shall ~~promptly~~ prompt- ly furnish Landlord with sworn owner's and contractors' statements and full and final waivers of lien covering all labor and materials included in such improvements. Tenant shall not permit any mechanic's lien to be filed against the Building, or any part thereof, arising out of any improvement performed, or alleged to have been performed, by or on behalf of Tenant. If any such lien is filed, Tenant shall within ten (10) days thereafter have such lien released of record or deliver to Landlord a bond in form, amount, and issued by a surety satisfactory to Landlord, indemnifying Landlord against all costs and liabilities resulting from such lien and the foreclosure or attempted foreclosure thereof. If Tenant fails to have such lien so released or to deliver such bond to Landlord, Landlord, without investigating the validity of such lien, may pay or discharge the same; and Tenant shall reimburse Landlord upon demand for the amount so paid by Landlord, including Landlord's expenses and attorney's fees. 4. Landlord shall have the right to approve all subcontractors to be used by the Tenant's contractor, which approval shall not be unreasonably withheld as long as such subcontractors satisfy the requirements of this Article II. 5. Tenant shall indemnify and hold harmless Landlord, its agents, contractors (including Building Contractor), and any mortgagee of Landlord, from and against any and all losses, damages, costs (including costs of suit and attorneys' fees), liabilities, or causes of action for injury to or death of any person, for damage to any property, and for mechanic's materialmen's or other liens or claims arising out of or in connection with the work done by the Tenant's contractor (and Tenant's contractor's subcontractors and sub-subcontractors) under its contract with Tenant. 6. The failure by Tenant, after receiving written notice, to materially comply with any of the provisions of Article II of this Exhibit shall constitute a Default by Tenant under the terms of the Lease and Landlord shall have the benefit of all remedies provided for in the Lease, except Tenant shall have a thirty (30) day right to cure Default upon receipt of written notice . 7. Upon completion of the Tenant Improvements, Tenant shall deliver to Landlord two (2) copies of the "as built" plans and specifications for the Tenant Improvements completed under Article II of this Exhibit within thirty (30) days of completing the same. EXHIBIT "F" to be made a part of a Lease between THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (Landlord), and DATA TRANSMISSION NETWORK CORPORATION (Tenant), dated May 2, 1995. (Page 1 of 2) RULES & REGULATIONS 1. Sidewalks, doorways, vestibules, halls, stairways, elevator lobbies and other similar areas in the common areas of the Building shall not be used for the storage of materials or disposal of trash, be obstructed by tenants or Landlord, or be used by tenants or Landlord for any purpose other than entrance to and from the tenant's leased areas and the Building and for going from one part of the Building to another part of the Building. 2. Plumbing fixtures shall be used only for the purposes for which they are designed, and no sweepings, rubbish, rags or other unsuitable materials shall be disposed into them. Damage resulting to any such fixtures proven to result from misuse by a tenant, and not by Landlord's cleaning contractors responsible for cleaning the tenant's leased area and the Building, shall be the liability of said tenant. 3. Signs, advertisements, graphics or notices visible in or from public corridors, any common area or public areas of the Building or from outside the Building shall be subject to Landlord's (or Landlord's property manager's) prior written approval, which approval shall not be unreasonably withheld. No part of the Complex may be defaced by Tenants . 4. Significant movement in or out of the Building of furniture, office equipment, or any other bulky or heavy materials shall be restricted to such hours as Landlord (or Landlord's property manager) shall reasonably designate. Landlord (or Landlord's property manager) will determine the method and routing of the movement of said items so as to ensure the safety of all persons and property concerned and Tenant shall be responsible for all costs and expenses associated therewith. Advance written notice of intent to move such items must be made to the Landlord (or Landlord's property manager) at least twenty-four (24) hours before the time of such move. For non significant movement in or out of the Building of portable items which do not require use of dollies or other moving equipment, notice to Landlord (or Landlord's property manager) shall not be required. 5. All deliveries to a tenant's leased premises, requiring dedicated elevator service for multiple trips that potentially will disrupt service for visitors and other tenants of the Building during normal business operations as defined in paragraph 5.A., shall be made through special arrangements with the Landlord. In general, passenger elevators are to be used only for the movement of persons and small deliveries during these normal business hours. Tenants may obtain the prior written consent of Landlord (or Landlord's property manager) for any exception to the provisions of this Paragraph 5. 6. Landlord (or Landlord's property manager) shall have the authority to approve the proposed weight and location of any safes and heavy furniture and equipment, which shall in all cases stand on supporting devices approved by Landlord in order to distribute the weight. 7. Corridor doors which lead to common areas of the Building (other than doors opening into the elevator lobby on floors leased entirely to a tenant) shall be kept closed at all times. 57 8. Each tenant shall cooperate with Landlord (and Landlord's property manager) in keeping its leased area neat and clean. No tenant shall employ any person for the purpose of such cleaning other than the Building's cleaning and maintenance personnel without prior approval of Landlord (or Landlord's property manager). 9. All elevator lobbies are to be kept neat and clean. The disposal of trash or storage of materials in these areas is prohibited. 10. No birds, fish or other animals shall be brought into or kept in, on or about the Building (except for Seeing Eye dogs). 11. Tenants shall not tamper with or attempt to adjust temperature control thermostats in their leased premises. Landlord shall promptly respond to each tenant's notices as to, and Landlord (or Landlord's property manager) shall adjust thermostats as required to maintain, the Building standard temperature. Each tenant shall use reasonable efforts to keep all window blinds down and tilted at a 45 degree angle toward the street to help maintain comfortable room temperatures and conserve energy. 12. Each tenant will comply with all security procedures necessary both during business hours and after hours and on weekends. Landlord will provide each tenant with prior notice of such security procedures and any changes thereto promptly. 13. Tenants are requested to lock all office doors leading to corridors and to turn out all lights at the close of their working day; provided, however, that no tenant shall be responsible to ensure that Landlord's cleaning contractor locks doors and turns out lights after cleaning the tenant's leased premises. 14. All requests for overtime air conditioning or heating must be submitted in writing to Landlord (or Landlord's property manager) by an authorized representative of the tenant. A list of persons authorized to request such overtime services (and any amendments thereto) will be furnished by the tenant to Landlord and Landlord shall be entitled to rely thereon. Any such request must be made by 2:00 p.m. on the day desired for weekday requests, by 2:00 p.m. Friday for weekend requests and by 2:00 p.m. on the preceding business day for holiday requests. Requests made after that time may result in an additional charge (not to exceed Landlord's cost) to such Tenant, if acted upon by Landlord. Landlord will make reasonable efforts to accommodate untimely requests by Tenant for overtime air conditioning or heating. Charges for overtime operation of air conditioning or heating shall be at the then current cost of operating the required system components. Charges will be billed on Tenant's monthly statement and are due within thirty (30) days of receipt of by Tenant of the statement. 15. No flammable or explosive fluids or materials shall be kept or used within the Building except in areas approved by Landlord, and each tenant shall comply with all applicable building and fire codes relating thereto. 16. Tenants may not make any modifications, alterations, additions or repairs to their leased premises and may not install any furniture, fixture or equipment in their leased premises which is in violation of any applicable building and/or fire code governing their lease premises or the Project. The tenant must obtain prior approval from Landlord (or) Landlord's property manager) of any such alterations, modifications and additions and shall deliver

Appears in 1 contract

Samples: Lease (Data Transmission Network Corp)

Construction of Tenant Improvements. Tenant shall have the right to place partitions and fixtures and make improvements or other alterations in the ~~Additional Premises~~ Option Space in accordance with the provisions of Paragraph 9 of the Lease. Landlord shall provide Tenant a tenant finish allowance of up to One Hundred ~~Eighty~~Twenty-~~Six~~ One Thousand, Seven Hundred and Twenty-Eight ~~Hundred Forty~~ Dollars and No Cents ($~~186,840.00~~121,728.00) to be applied toward the cost of any such tenant-provided improvements as follows: 1. The tenant finish allowance shall be paid in periodic installments, not more frequently than once per month, equal to the total of the contractor's or consultant's invoice amounts for improvements made to the ~~Additional Premises~~Option Space, excluding any furnishings or business equipment (such as computers, satellite/microwave dish, office equipment, etc.), as submitted by Tenant and verified to Landlord's reasonable satisfaction; provided, however, that such payments will be made only if Tenant is not then in Default under the terms of this Lease and invoices are accompanied by lien waivers in the amount equal to that of the invoices. The tenant finish allowance shall be allocated and distributed subject to the provisions of this Exhibit "B" as follows: ~~June 1, 1995 - February 29, 1996 Up To $65,112.00~~ January 1, 1998 - ~~September 30~~December 31, 1998 Up To $121,728.00 2. Upon the earlier of the end ~~dates~~ date identified in the allocation schedule specified in Paragraph 1 above, or the satisfaction of all obligations associated with the tenant improvements covered under this Article II and receipt of the associated lien waivers for the work, the Tenant shall forfeit any unused portion of the allowance. Any requests for payment received by the Landlord after the above specified end ~~dates~~date, will be returned to the Tenant and will be the obligation and sole responsibility of the Tenant. 3. In addition to the provisions set forth in Paragraph 9 of the Lease, Tenant's contractor shall (and its contract shall so provide): (a) conduct its work in such a manner so as not to unreasonably interfere with other tenants in the Building, Building operations, or any other construction occurring on or in the Building or the Premises~~; 54~~; (b) execute a set of and comply with all rules and regulations relating to the construction activities in or on the Building as may be reasonably promulgated from time to time by Landlord or its agents; (c) maintain such insurance (such as general liability and xxxxxxx'x compensation) and bonds (such as performance and completion) in force and effect as may be reasonably requested by Landlord or as required by applicable law (but in any event said bonds shall be in amounts equal to the full value or cost of the work being done by the Tenant contractor); (d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work, including but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials, placement of dumpsters, access to the Premises and the Building, and the purchase and return of Building standard materials. (e) Upon completion of any tenant improvements, Tenant shall promptly furnish Landlord with sworn owner's and contractors' statements and full and final waivers of lien covering all labor and materials included in such improvements. Tenant shall not permit any mechanic's lien to be filed against the Building, or any part thereof, arising out of any improvement performed, or alleged to have been performed, by or on behalf of Tenant. If any such lien is filed, Tenant shall within ten (10) days thereafter have such lien released of record or deliver to Landlord a bond in form, amount, and issued by a surety satisfactory to Landlord, indemnifying Landlord against all costs and liabilities resulting from such lien and the foreclosure or attempted foreclosure thereof. If Tenant fails to have such lien so released or to deliver such bond to Landlord, Landlord, without investigating the validity of such lien, may pay or discharge the same; and Tenant shall reimburse Landlord upon demand for the amount so paid by Landlord, including Landlord's expenses and attorney's fees. 4. Landlord shall have the right to approve all subcontractors to be used by the Tenant's contractor, which approval shall not be unreasonably withheld as long as such subcontractors satisfy the requirements of this Article II. 5. Tenant shall indemnify and hold harmless Landlord, its agents, contractors (including Building Contractor), and any mortgagee of Landlord, from and against any and all losses, damages, costs (including costs of suit and attorneys' fees), liabilities, or causes of action for injury to or death of any person, for damage to any property, and for mechanic's materialmen's or other liens or claims arising out of or in connection with the work done by the Tenant's contractor (and Tenant's contractor's subcontractors and sub-subcontractors) under its contract with Tenant. 6. The failure by Tenant, after receiving written notice, to materially comply with any of the provisions of Article II of this Exhibit shall constitute a Default by Tenant under the terms of the Lease and Landlord shall have the benefit of all remedies provided for in the Lease, except Tenant shall have a thirty (30) day right to cure Default upon receipt of written notice . 7. Upon completion of the Tenant Improvements, Tenant shall deliver to Landlord two (2) copies of the "as built" plans and specifications for the Tenant Improvements completed under Article II of this Exhibit within thirty (30) days of completing the same. EXHIBIT "F" to be made a part of a Lease between THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (Landlord), and DATA TRANSMISSION NETWORK CORPORATION (Tenant), dated May 2, 1995. (Page 1 of 2) RULES & REGULATIONS 1. Sidewalks, doorways, vestibules, halls, stairways, elevator lobbies and other similar areas in the common areas of the Building shall not be used for the storage of materials or disposal of trash, be obstructed by tenants or Landlord, or be used by tenants or Landlord for any purpose other than entrance to and from the tenant's leased areas and the Building and for going from one part of the Building to another part of the Building. 2. Plumbing fixtures shall be used only for the purposes for which they are designed, and no sweepings, rubbish, rags or other unsuitable materials shall be disposed into them. Damage resulting to any such fixtures proven to result from misuse by a tenant, and not by Landlord's cleaning contractors responsible for cleaning the tenant's leased area and the Building, shall be the liability of said tenant. 3. Signs, advertisements, graphics or notices visible in or from public corridors, any common area or public areas of the Building or from outside the Building shall be subject to Landlord's (or Landlord's property manager's) prior written approval, which approval shall not be unreasonably withheld. No part of the Complex may be defaced by Tenants . 4. Significant movement in or out of the Building of furniture, office equipment, or any other bulky or heavy materials shall be restricted to such hours as Landlord (or Landlord's property manager) shall reasonably designate. Landlord (or Landlord's property manager) will determine the method and routing of the movement of said items so as to ensure the safety of all persons and property concerned and Tenant shall be responsible for all costs and expenses associated therewith. Advance written notice of intent to move such items must be made to the Landlord (or Landlord's property manager) at least twenty-four (24) hours before the time of such move. For non significant movement in or out of the Building of portable items which do not require use of dollies or other moving equipment, notice to Landlord (or Landlord's property manager) shall not be required. 5. All deliveries to a tenant's leased premises, requiring dedicated elevator service for multiple trips that potentially will disrupt service for visitors and other tenants of the Building during normal business operations as defined in paragraph 5.A., shall be made through special arrangements with the Landlord. In general, passenger elevators are to be used only for the movement of persons and small deliveries during these normal business hours. Tenants may obtain the prior written consent of Landlord (or Landlord's property manager) for any exception to the provisions of this Paragraph 5. 6. Landlord (or Landlord's property manager) shall have the authority to approve the proposed weight and location of any safes and heavy furniture and equipment, which shall in all cases stand on supporting devices approved by Landlord in order to distribute the weight. 7. Corridor doors which lead to common areas of the Building (other than doors opening into the elevator lobby on floors leased entirely to a tenant) shall be kept closed at all times. 57 8. Each tenant shall cooperate with Landlord (and Landlord's property manager) in keeping its leased area neat and clean. No tenant shall employ any person for the purpose of such cleaning other than the Building's cleaning and maintenance personnel without prior approval of Landlord (or Landlord's property manager). 9. All elevator lobbies are to be kept neat and clean. The disposal of trash or storage of materials in these areas is prohibited. 10. No birds, fish or other animals shall be brought into or kept in, on or about the Building (except for Seeing Eye dogs). 11. Tenants shall not tamper with or attempt to adjust temperature control thermostats in their leased premises. Landlord shall promptly respond to each tenant's notices as to, and Landlord (or Landlord's property manager) shall adjust thermostats as required to maintain, the Building standard temperature. Each tenant shall use reasonable efforts to keep all window blinds down and tilted at a 45 degree angle toward the street to help maintain comfortable room temperatures and conserve energy. 12. Each tenant will comply with all security procedures necessary both during business hours and after hours and on weekends. Landlord will provide each tenant with prior notice of such security procedures and any changes thereto promptly. 13. Tenants are requested to lock all office doors leading to corridors and to turn out all lights at the close of their working day; provided, however, that no tenant shall be responsible to ensure that Landlord's cleaning contractor locks doors and turns out lights after cleaning the tenant's leased premises. 14. All requests for overtime air conditioning or heating must be submitted in writing to Landlord (or Landlord's property manager) by an authorized representative of the tenant. A list of persons authorized to request such overtime services (and any amendments thereto) will be furnished by the tenant to Landlord and Landlord shall be entitled to rely thereon. Any such request must be made by 2:00 p.m. on the day desired for weekday requests, by 2:00 p.m. Friday for weekend requests and by 2:00 p.m. on the preceding business day for holiday requests. Requests made after that time may result in an additional charge (not to exceed Landlord's cost) to such Tenant, if acted upon by Landlord. Landlord will make reasonable efforts to accommodate untimely requests by Tenant for overtime air conditioning or heating. Charges for overtime operation of air conditioning or heating shall be at the then current cost of operating the required system components. Charges will be billed on Tenant's monthly statement and are due within thirty (30) days of receipt of by Tenant of the statement. 15. No flammable or explosive fluids or materials shall be kept or used within the Building except in areas approved by Landlord, and each tenant shall comply with all applicable building and fire codes relating thereto. 16. Tenants may not make any modifications, alterations, additions or repairs to their leased premises and may not install any furniture, fixture or equipment in their leased premises which is in violation of any applicable building and/or fire code governing their lease premises or the Project. The tenant must obtain prior approval from Landlord (or) Landlord's property manager) of any such alterations, modifications and additions and shall deliver

Appears in 1 contract

Samples: Ninth Amendment to Lease (Data Transmission Network Corp)

Construction of Tenant Improvements. Tenant shall have the right to place partitions and fixtures and make improvements or other alterations in the Additional Premises in accordance with the provisions of Paragraph 9 of the Lease. Landlord shall provide Tenant a tenant finish allowance of up to ~~One Hundred Eighty-Six~~ Seven Thousand, ~~Eight~~ Nine Hundred ~~Forty~~ and Ninety-One Dollars and No Seventy-Eight Cents ($~~186,840.00~~7,991.78) to be applied toward the cost of any such tenant-provided improvements as follows: 1. The tenant finish allowance shall be paid in periodic installments, not more frequently than once per month, equal to the total of the contractor's or consultant's invoice amounts for improvements made to the Additional Premises, excluding any furnishings or business equipment (such as computers, satellite/microwave dish, office equipment, etc.), as submitted by Tenant and verified to Landlord's reasonable satisfaction; provided, however, that such payments will be made only if Tenant is not then in Default under the terms of this Lease and invoices are accompanied by lien waivers in the amount equal to that of the invoices. The tenant finish allowance shall be allocated and distributed subject to the provisions of this Exhibit "B" as follows: ~~June 1~~October 20, 1995 - February 2928, 1996 Up To $~~65,112.00 January 1, 1998 - September 30, 1998 Up To $121,728.00~~7,991.78 2. Upon the earlier of the end dates identified in the allocation schedule specified in Paragraph 1 above, or the satisfaction of all obligations associated with the tenant improvements covered under this Article II and receipt of the associated lien waivers for the work, the Tenant shall forfeit any unused portion of the allowance. Any requests for payment received by the Landlord after the above specified end dates, will be returned to the Tenant and will be the obligation and sole responsibility of the Tenant. 3. In addition to the provisions set forth in Paragraph 9 of the Lease, Tenant's contractor shall (and its contract shall so provide): (a) conduct its work in such a manner so as not to unreasonably interfere with other tenants in the Building, Building operations, or any other construction occurring on or in the Building or the Premises~~; 54~~; (b) execute a set of and comply with all rules and regulations relating to the construction activities in or on the Building as may be reasonably promulgated from time to time by Landlord or its agents; (c) maintain such insurance (such as general liability and ~~xxxxxxx'x compensation~~workman's compexxxxxxx) and bonds (such as performance and completion) in force and effect as may be reasonably requested by Landlord or as required by applicable law (but in any event said bonds shall be in amounts equal to the full value or cost of the work being done by the Tenant contractor); (d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work, including but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials, placement of dumpsters, access to the Premises and the Building, and the purchase and return of Building standard materials. (e) Upon completion of any tenant improvements, Tenant shall promptly furnish Landlord with sworn owner's and contractors' statements and full and final waivers of lien covering all labor and materials included in such improvements. Tenant shall not permit any mechanic's lien to be filed against the Building, or any part thereof, arising out of any improvement performed, or alleged to have been performed, by or on behalf of Tenant. If any such lien is filed, Tenant shall within ten (10) days thereafter have such lien released of record or deliver to Landlord a bond in form, amount, and issued by a surety satisfactory to Landlord, indemnifying Landlord against all costs and liabilities resulting from such lien and the foreclosure or attempted foreclosure thereof. If Tenant fails to have such lien so released or to deliver such bond to Landlord, Landlord, without investigating the validity of such lien, may pay or discharge the same; and Tenant shall reimburse Landlord upon demand for the amount so paid by Landlord, including Landlord's expenses and attorney's fees. 4. Landlord shall have the right to approve all subcontractors to be used by the Tenant's contractor, which approval shall not be unreasonably withheld as long as such subcontractors satisfy the requirements of this Article II. 5. Tenant shall indemnify and hold harmless Landlord, its agents, contractors (including Building Contractor), and any mortgagee of Landlord, from and against any and all losses, damages, costs (including costs of suit and attorneys' fees), liabilities, or causes of action for injury to or death of any person, for damage to any property, and for mechanic's materialmen's or other liens or claims arising out of or in connection with the work done by the Tenant's contractor (and Tenant's contractor's subcontractors and sub-subcontractors) under its contract with Tenant. 6. The failure by Tenant, after receiving written notice, to materially comply with any of the provisions of Article II of this Exhibit shall constitute a Default by Tenant under the terms of the Lease and Landlord shall have the benefit of all remedies provided for in the Lease, except Tenant shall have a thirty (30) day right to cure Default upon receipt of written notice . 7. Upon completion of the Tenant Improvements, Tenant shall deliver to Landlord two (2) copies of the "as built" plans and specifications for the Tenant Improvements completed under Article II of this Exhibit within thirty (30) days of completing the same. EXHIBIT "F" to be made a part of a Lease between THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (Landlord), and DATA TRANSMISSION NETWORK CORPORATION (Tenant), dated May 2, 1995. (Page 1 of 2) RULES & REGULATIONS 1. Sidewalks, doorways, vestibules, halls, stairways, elevator lobbies and other similar areas in the common areas of the Building shall not be used for the storage of materials or disposal of trash, be obstructed by tenants or Landlord, or be used by tenants or Landlord for any purpose other than entrance to and from the tenant's leased areas and the Building and for going from one part of the Building to another part of the Building. 2. Plumbing fixtures shall be used only for the purposes for which they are designed, and no sweepings, rubbish, rags or other unsuitable materials shall be disposed into them. Damage resulting to any such fixtures proven to result from misuse by a tenant, and not by Landlord's cleaning contractors responsible for cleaning the tenant's leased area and the Building, shall be the liability of said tenant. 3. Signs, advertisements, graphics or notices visible in or from public corridors, any common area or public areas of the Building or from outside the Building shall be subject to Landlord's (or Landlord's property manager's) prior written approval, which approval shall not be unreasonably withheld. No part of the Complex may be defaced by Tenants . 4. Significant movement in or out of the Building of furniture, office equipment, or any other bulky or heavy materials shall be restricted to such hours as Landlord (or Landlord's property manager) shall reasonably designate. Landlord (or Landlord's property manager) will determine the method and routing of the movement of said items so as to ensure the safety of all persons and property concerned and Tenant shall be responsible for all costs and expenses associated therewith. Advance written notice of intent to move such items must be made to the Landlord (or Landlord's property manager) at least twenty-four (24) hours before the time of such move. For non significant movement in or out of the Building of portable items which do not require use of dollies or other moving equipment, notice to Landlord (or Landlord's property manager) shall not be required. 5. All deliveries to a tenant's leased premises, requiring dedicated elevator service for multiple trips that potentially will disrupt service for visitors and other tenants of the Building during normal business operations as defined in paragraph 5.A., shall be made through special arrangements with the Landlord. In general, passenger elevators are to be used only for the movement of persons and small deliveries during these normal business hours. Tenants may obtain the prior written consent of Landlord (or Landlord's property manager) for any exception to the provisions of this Paragraph 5. 6. Landlord (or Landlord's property manager) shall have the authority to approve the proposed weight and location of any safes and heavy furniture and equipment, which shall in all cases stand on supporting devices approved by Landlord in order to distribute the weight. 7. Corridor doors which lead to common areas of the Building (other than doors opening into the elevator lobby on floors leased entirely to a tenant) shall be kept closed at all times. 57 8. Each tenant shall cooperate with Landlord (and Landlord's property manager) in keeping its leased area neat and clean. No tenant shall employ any person for the purpose of such cleaning other than the Building's cleaning and maintenance personnel without prior approval of Landlord (or Landlord's property manager). 9. All elevator lobbies are to be kept neat and clean. The disposal of trash or storage of materials in these areas is prohibited. 10. No birds, fish or other animals shall be brought into or kept in, on or about the Building (except for Seeing Eye dogs). 11. Tenants shall not tamper with or attempt to adjust temperature control thermostats in their leased premises. Landlord shall promptly respond to each tenant's notices as to, and Landlord (or Landlord's property manager) shall adjust thermostats as required to maintain, the Building standard temperature. Each tenant shall use reasonable efforts to keep all window blinds down and tilted at a 45 degree angle toward the street to help maintain comfortable room temperatures and conserve energy. 12. Each tenant will comply with all security procedures necessary both during business hours and after hours and on weekends. Landlord will provide each tenant with prior notice of such security procedures and any changes thereto promptly. 13. Tenants are requested to lock all office doors leading to corridors and to turn out all lights at the close of their working day; provided, however, that no tenant shall be responsible to ensure that Landlord's cleaning contractor locks doors and turns out lights after cleaning the tenant's leased premises. 14. All requests for overtime air conditioning or heating must be submitted in writing to Landlord (or Landlord's property manager) by an authorized representative of the tenant. A list of persons authorized to request such overtime services (and any amendments thereto) will be furnished by the tenant to Landlord and Landlord shall be entitled to rely thereon. Any such request must be made by 2:00 p.m. on the day desired for weekday requests, by 2:00 p.m. Friday for weekend requests and by 2:00 p.m. on the preceding business day for holiday requests. Requests made after that time may result in an additional charge (not to exceed Landlord's cost) to such Tenant, if acted upon by Landlord. Landlord will make reasonable efforts to accommodate untimely requests by Tenant for overtime air conditioning or heating. Charges for overtime operation of air conditioning or heating shall be at the then current cost of operating the required system components. Charges will be billed on Tenant's monthly statement and are due within thirty (30) days of receipt of by Tenant of the statement. 15. No flammable or explosive fluids or materials shall be kept or used within the Building except in areas approved by Landlord, and each tenant shall comply with all applicable building and fire codes relating thereto. 16. Tenants may not make any modifications, alterations, additions or repairs to their leased premises and may not install any furniture, fixture or equipment in their leased premises which is in violation of any applicable building and/or fire code governing their lease premises or the Project. The tenant must obtain prior approval from Landlord (or) Landlord's property manager) of any such alterations, modifications and additions and shall deliver

Appears in 1 contract

Samples: Lease (Data Transmission Network Corp)

Construction of Tenant Improvements. Section 2.02 of the Lease is hereby amended by incorporating the following: "Commencing December 1, 2018, Landlord hereby agrees to provide Tenant ~~shall have the right~~ with an allowance in an amount equal to ~~place partitions~~ Twenty Seven Thousand One Hundred Ninety Two and ~~fixtures and make~~ 00/100 Dollars ($27,192.00) ("First Additional Space Allowance") for tenant's use in constructing mutually agreed upon tenant improvements ~~or other alterations~~ in the First Additional ~~Premises~~ Space which shall be performed in accordance with ~~the provisions of Paragraph 9~~ Section 7.03 of the Lease. ~~Landlord shall provide Tenant a tenant finish allowance~~ Any portion of ~~up to One Hundred Eighty-Six Thousand~~the First Additional Space Allowance not utilized on or before November 30, ~~Eight Hundred Forty Dollars and No Cents ($186,840.00) to be applied toward the cost of any such tenant-provided improvements as follows: 1. The tenant finish allowance~~ 2019 shall be ~~paid in periodic installments, not more frequently than once per month, equal~~ forfeited. Landlord hereby agrees that Tenant shall have access to the ~~total of the contractor's or consultant's invoice amounts for improvements made~~ Woolpert Space and to the First Additional ~~Premises~~Space on September 1, ~~excluding any furnishings or business equipment~~ 2018 for constructing the tenant improvements and otherwise prepare the Woolpert Space and the First Additional Space for occupancy. During such entry (~~such as computers, satellite/microwave dish, office equipment, etc.), as submitted by~~ a) Tenant shall comply with all terms and ~~verified to Landlord's reasonable satisfaction; provided, however, that such payments will be made only if Tenant is not then in Default under the terms~~ conditions of this Lease and invoices are accompanied by lien waivers in the amount equal to that of the invoices. The tenant finish allowance shall be allocated and distributed subject to the provisions of this Exhibit "B" as follows: June 1, 1995 - February 29, 1996 Up To $65,112.00 January 1, 1998 - September 30, 1998 Up To $121,728.00 2. Upon the earlier of the end dates identified in the allocation schedule specified in Paragraph 1 above, or the satisfaction of all obligations associated with the tenant improvements covered under this Article II and receipt of the associated lien waivers for the work, the Tenant shall forfeit any unused portion of the allowance. Any requests for payment received by the Landlord after the above specified end dates, will be returned to the Tenant and will be other than the obligation to pay rent, and sole responsibility of the Tenant. 3. In addition to the provisions set forth in Paragraph 9 of the Lease, Tenant's contractor shall (and its contract shall so provide): (a) conduct its work in such a manner so as not to unreasonably interfere with other tenants in the Building, Building operations, or any other construction occurring on or in the Building or the Premises; 54 (b) ~~execute a set of~~ Tenant shall cause its personnel and contractors to comply with all rules and regulations relating to the construction activities in or on the Building as may be reasonably promulgated from time to time by Landlord or its agents; (c) maintain such insurance (such as general liability and xxxxxxx'x compensation) and bonds (such as performance and completion) in force and effect as may be reasonably requested by Landlord or as required by applicable law (but in any event said bonds shall be in amounts equal to the full value or cost of the work being done by the Tenant contractor); (d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions ~~for all contractor items relating to the conducting~~ of its work, including but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials, placement of dumpsters, access to the Premises and the Building, and the purchase and return of Building standard materials. (e) Upon completion of any tenant improvements, Tenant shall promptly furnish Landlord with sworn owner's and contractors' statements and full and final waivers of lien covering all labor and materials included in such improvements. Tenant shall not permit any mechanic's lien to be filed against the Building, or any part thereof, arising out of any improvement performed, or alleged to have been performed, by or on behalf of Tenant. If any such lien is filed, Tenant shall within ten (10) days thereafter have such lien released of record or deliver to Landlord a bond in form, amount, and issued by a surety satisfactory to Landlord, indemnifying Landlord against all costs and liabilities resulting from such lien and the foreclosure or attempted foreclosure thereof. If Tenant fails to have such lien so released or to deliver such bond to Landlord, Landlord, without investigating the validity of such lien, may pay or discharge the same; and Tenant shall reimburse Landlord upon demand for the amount so paid by Landlord, including Landlord's ~~expenses~~ rules of conduct (which Landlord agrees to furnish to Tenant upon request). Commencing December 3, 2020, Landlord hereby agrees to provide Tenant with an allowance in an amount equal to Seven Thousand Nine Hundred Twelve and ~~attorney~~00/100 Dollars ($7,912.00) ("Second Additional Space Allowance") for tenant's ~~fees. 4~~use in constructing mutually agreed upon tenant improvements in the Second Additional Space which shall be performed in accordance with Section 7.03 of the Lease. Any portion of the Second Additional Space Allowance not utilized on or before December 2, 2021 shall be forfeited. In addition, commencing July 1, 2025, Landlord ~~shall have the right~~ hereby agrees to ~~approve all subcontractors~~ provide Tenant with an allowance in an amount equal to Three Hundred Three Thousand Nine Hundred and 00/100 Dollars ($303,900.00) ("Landlord's Allowance") to be used by towards mutually agreed upon tenant improvements in the ~~Tenant's contractor, which approval shall not be unreasonably withheld as long as such subcontractors satisfy the requirements of this Article II. 5~~Leased Premises. ~~Tenant shall indemnify and hold harmless Landlord, its agents, contractors (including Building Contractor), and any mortgagee~~ Any portion of Landlord's Allowance not utilized on or before June 30, from and against any and all losses, damages, costs (including costs of suit and attorneys' fees), liabilities, or causes of action for injury to or death of any person, for damage to any property, and for mechanic's materialmen's or other liens or claims arising out of or in connection with the work done by the Tenant's contractor (and Tenant's contractor's subcontractors and sub-subcontractors) under its contract with Tenant. 6. The failure by Tenant, after receiving written notice, to materially comply with any of the provisions of Article II of this Exhibit shall constitute a Default by Tenant under the terms of the Lease and Landlord shall have the benefit of all remedies provided for in the Lease, except Tenant shall have a thirty (30) day right to cure Default upon receipt of written notice . 7. Upon completion of the Tenant Improvements, Tenant shall deliver to Landlord two (2) copies of the "as built" plans and specifications for the Tenant Improvements completed under Article II of this Exhibit within thirty (30) days of completing the same. EXHIBIT "F" to be made a part of a Lease between THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (Landlord), and DATA TRANSMISSION NETWORK CORPORATION (Tenant), dated May 2, 1995. (Page 1 of 2) RULES & REGULATIONS 1. Sidewalks, doorways, vestibules, halls, stairways, elevator lobbies and other similar areas in the common areas of the Building shall not be used for the storage of materials or disposal of trash, be obstructed by tenants or Landlord, or be used by tenants or Landlord for any purpose other than entrance to and from the tenant's leased areas and the Building and for going from one part of the Building to another part of the Building. 2. Plumbing fixtures 2026 shall be used only for the purposes for which they are designed, and no sweepings, rubbish, rags or other unsuitable materials shall be disposed into them. Damage resulting to any such fixtures proven to result from misuse by a tenant, and not by Landlord's cleaning contractors responsible for cleaning the tenant's leased area and the Building, shall be the liability of said tenantforfeited. 3. Signs, advertisements, graphics or notices visible in or from public corridors, any common area or public areas of the Building or from outside the Building shall be subject to Landlord's (or Landlord's property manager's) prior written approval, which approval shall not be unreasonably withheld. No part of the Complex may be defaced by Tenants . 4. Significant movement in or out of the Building of furniture, office equipment, or any other bulky or heavy materials shall be restricted to such hours as Landlord (or Landlord's property manager) shall reasonably designate. Landlord (or Landlord's property manager) will determine the method and routing of the movement of said items so as to ensure the safety of all persons and property concerned and Tenant shall be responsible for all costs and expenses associated therewith. Advance written notice of intent to move such items must be made to the Landlord (or Landlord's property manager) at least twenty-four (24) hours before the time of such move. For non significant movement in or out of the Building of portable items which do not require use of dollies or other moving equipment, notice to Landlord (or Landlord's property manager) shall not be required. 5. All deliveries to a tenant's leased premises, requiring dedicated elevator service for multiple trips that potentially will disrupt service for visitors and other tenants of the Building during normal business operations as defined in paragraph 5.A., shall be made through special arrangements with the Landlord. In general, passenger elevators are to be used only for the movement of persons and small deliveries during these normal business hours. Tenants may obtain the prior written consent of Landlord (or Landlord's property manager) for any exception to the provisions of this Paragraph 5. 6. Landlord (or Landlord's property manager) shall have the authority to approve the proposed weight and location of any safes and heavy furniture and equipment, which shall in all cases stand on supporting devices approved by Landlord in order to distribute the weight. 7. Corridor doors which lead to common areas of the Building (other than doors opening into the elevator lobby on floors leased entirely to a tenant) shall be kept closed at all times. 57 8. Each tenant shall cooperate with Landlord (and Landlord's property manager) in keeping its leased area neat and clean. No tenant shall employ any person for the purpose of such cleaning other than the Building's cleaning and maintenance personnel without prior approval of Landlord (or Landlord's property manager). 9. All elevator lobbies are to be kept neat and clean. The disposal of trash or storage of materials in these areas is prohibited. 10. No birds, fish or other animals shall be brought into or kept in, on or about the Building (except for Seeing Eye dogs). 11. Tenants shall not tamper with or attempt to adjust temperature control thermostats in their leased premises. Landlord shall promptly respond to each tenant's notices as to, and Landlord (or Landlord's property manager) shall adjust thermostats as required to maintain, the Building standard temperature. Each tenant shall use reasonable efforts to keep all window blinds down and tilted at a 45 degree angle toward the street to help maintain comfortable room temperatures and conserve energy. 12. Each tenant will comply with all security procedures necessary both during business hours and after hours and on weekends. Landlord will provide each tenant with prior notice of such security procedures and any changes thereto promptly. 13. Tenants are requested to lock all office doors leading to corridors and to turn out all lights at the close of their working day; provided, however, that no tenant shall be responsible to ensure that Landlord's cleaning contractor locks doors and turns out lights after cleaning the tenant's leased premises. 14. All requests for overtime air conditioning or heating must be submitted in writing to Landlord (or Landlord's property manager) by an authorized representative of the tenant. A list of persons authorized to request such overtime services (and any amendments thereto) will be furnished by the tenant to Landlord and Landlord shall be entitled to rely thereon. Any such request must be made by 2:00 p.m. on the day desired for weekday requests, by 2:00 p.m. Friday for weekend requests and by 2:00 p.m. on the preceding business day for holiday requests. Requests made after that time may result in an additional charge (not to exceed Landlord's cost) to such Tenant, if acted upon by Landlord. Landlord will make reasonable efforts to accommodate untimely requests by Tenant for overtime air conditioning or heating. Charges for overtime operation of air conditioning or heating shall be at the then current cost of operating the required system components. Charges will be billed on Tenant's monthly statement and are due within thirty (30) days of receipt of by Tenant of the statement. 15. No flammable or explosive fluids or materials shall be kept or used within the Building except in areas approved by Landlord, and each tenant shall comply with all applicable building and fire codes relating thereto. 16. Tenants may not make any modifications, alterations, additions or repairs to their leased premises and may not install any furniture, fixture or equipment in their leased premises which is in violation of any applicable building and/or fire code governing their lease premises or the Project. The tenant must obtain prior approval from Landlord (or) Landlord's property manager) of any such alterations, modifications and additions and shall deliver"

Appears in 1 contract

Samples: First Lease Amendment (Interactive Intelligence Group, Inc.)

Construction of Tenant Improvements. Tenant shall ~~have~~ construct but Landlord will own (and to the ~~right to place partitions and fixtures and make~~ extent set forth in this Section 7.1 will pay for) certain improvements ~~or other alterations~~ (the "Tenant improvements") in the ~~Additional~~ Premises. The Tenant improvements for the Premises shall be designed and completed in accordance with this Article 7 and Article 31 below, the ~~provisions~~ cost to Landlord of ~~Paragraph 9~~ which shall not exceed One Hundred Nine Thousand One Hundred Forty-Three and 75/100 Dollars ($109,143.75) (i.e., $6.25 per rentable square foot of the Premises) ("T. I. Allowance"). In addition, an amount not to exceed Fifty-Two Thousand Three Hundred Eighty-Nine Dollars ($52,389) (i.e., $3.00 per rentable square foot of the Premises) shall be contributed by Landlord, at Tenant's request, for construction of the Tenant Improvements and shall be considered part of the T.I. Allowance; provided, that any such additional amounts contributed will be repaid by Tenant, plus 11% interest per annum, in equal monthly installments amortized over the Initial Term of the Lease. Landlord shall provide Tenant a tenant finish allowance of up to One Hundred Eighty-Six Thousand, Eight Hundred Forty Dollars and No Cents ($186,840.00) to be applied toward the cost of any such tenant-provided improvements as follows: 1. The tenant finish allowance shall be paid in periodic installments, not more frequently than once per month, equal to the total of the contractor's or consultant's invoice amounts for improvements made to the Additional Premises, excluding any furnishings or business equipment (such as computers, satellite/microwave dish, office equipment, etc.), as submitted by Tenant and verified to Landlord's reasonable satisfaction; provided, however, that such Such additional payments will be made ~~only if Tenant is not then in Default under~~ at the ~~terms of this Lease~~ same time and ~~invoices are accompanied by lien waivers~~ in the ~~amount equal~~ same manner as Rent. Any costs to ~~that~~ construct the Tenant Improvements in excess of the ~~invoices~~T. I. Allowance shall be paid for by Tenant. The ~~tenant finish allowance~~ Tenant Improvements shall consist of all interior improvements constructed in the Premises which are not part of the Building's structure or shell and shall include by way of illustration, floor coverings, interior partitions, doors, ceilings, lighting fixtures, wall coverings, electrical and telephone outlets. The Tenant Improvements shall be ~~allocated~~ constructed in accordance with plans and ~~distributed subject to~~ specifications prepared by Tenant's architect and approved by both Landlord and Tenant. The T. I. Allowance shall be available towards the ~~provisions of this Exhibit "B" as follows: June 1, 1995 - February 29, 1996 Up To $65,112.00 January 1, 1998 - September 30, 1998 Up To $121,728.00 2. Upon the earlier~~ costs of the ~~end dates identified in the allocation schedule specified in Paragraph 1 above~~actual, or the satisfaction of all obligations associated with the tenant improvements covered under this Article II and receipt of the associated lien waivers for the work, the Tenant shall forfeit any unused portion of the allowance. Any requests for payment received by the Landlord after the above specified end dates, will be returned to the Tenant and will be the obligation and sole responsibility of the Tenant. 3. In addition to the provisions set forth in Paragraph 9 of the Lease, Tenant's contractor shall (and its contract shall so provide): (a) conduct its work in such a manner so as not to unreasonably interfere with other tenants in the Building, Building operations, or any other construction occurring on or in the Building or the Premises; 54 (b) execute a set of and comply with all rules and regulations relating to the construction activities in or on the Building as may be reasonably promulgated from time to time by Landlord or its agents; (c) maintain such insurance (such as general liability and xxxxxxx'x compensation) and bonds (such as performance and completion) in force and effect as may be reasonably requested by Landlord or as required by applicable law (but in any event said bonds shall be in amounts equal to the full value or cost of the work being done by the Tenant contractor); (d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work, including but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials, placement of dumpsters, access to the Premises and the Building, and the purchase and return of Building standard materials. (e) Upon completion of any tenant improvements, Tenant shall promptly furnish Landlord with sworn owner's and contractors' statements and full and final waivers of lien covering all labor and materials included in such improvements. Tenant shall not permit any mechanic's lien to be filed against the Building, or any part thereof, arising out of any improvement performed, or alleged to have been performed, by or on behalf of Tenant. If any such lien is filed, Tenant shall within ten (10) days thereafter have such lien released of record or deliver to Landlord a bond in form, amount, and issued by a surety satisfactory to Landlord, indemnifying Landlord against all incurred costs and liabilities resulting from such lien and the foreclosure or attempted foreclosure thereof. If Tenant fails to have such lien so released or to deliver such bond to Landlord, Landlord, without investigating the validity of such lien, may pay or discharge the same; and Tenant shall reimburse Landlord upon demand for the amount so paid by Landlord, including Landlord's expenses and attorney's fees. 4. Landlord shall have the right to approve all subcontractors to be used by the Tenant's contractor, which approval shall not be unreasonably withheld as long as such subcontractors satisfy the requirements of this Article II. 5. Tenant shall indemnify and hold harmless Landlord, its agents, contractors (including Building Contractor), and any mortgagee of Landlord, from and against any and all losses, damages, costs (including costs of suit and attorneys' fees), liabilities, or causes of action for injury to or death of any person, for damage to any property, and for mechanic's materialmen's or other liens or claims arising out of or in connection with the work done by the Tenant's contractor (and Tenant's contractor's subcontractors and sub-subcontractors) under its contract with Tenant. 6. The failure by Tenant, after receiving written notice, to materially comply with any of the provisions of Article II of this Exhibit shall constitute a Default by Tenant under the terms of the Lease and Landlord shall have the benefit of all remedies provided for in the Lease, except Tenant shall have a thirty (30) day right to cure Default upon receipt of written notice . 7. Upon completion of the Tenant Improvements, ~~Tenant shall deliver to Landlord two (2) copies~~ including the cost of all labor and materials for the construction and installation of the ~~"as built" plans~~ Tenant Improvements; the cost of all permits, licenses, and ~~specifications~~ fees; all amounts paid to Tenant's contractors under and pursuant to contracts for the construction and installation of the Tenant Improvements completed under Article II of this Exhibit within thirty (30) days of completing the same. EXHIBIT "F" to be made a part of a Lease between THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (Landlord)Improvements; all architectural, engineering, space planning, and ~~DATA TRANSMISSION NETWORK CORPORATION (Tenant)~~other consultant's fees; all amounts paid for mechanical drawings, ~~dated May 2~~plans, ~~1995. (Page 1 of 2) RULES & REGULATIONS 1. Sidewalks~~specifications, ~~doorways~~shop drawings, vestibules, halls, stairways, elevator lobbies and other similar areas in the common areas of the Building shall not be used for the storage of materials or disposal of trash, be obstructed by tenants or Landlord, or be used by tenants or Landlord for any purpose other than entrance to and from the tenant's leased areas and the Building and for going from one part of the Building to another part of the Building. 2. Plumbing fixtures shall be used only for the purposes for which they are designeddesigns, and ~~no sweepings, rubbish, rags or other unsuitable materials shall be disposed into them. Damage resulting to any such fixtures proven to result from misuse by a tenant,~~ layouts; and not by Landlord's cleaning contractors responsible for cleaning the tenant's leased area and the Building, shall be the liability of said tenant. 3. Signs, advertisements, graphics or notices visible in or from public corridors, any common area or public areas of the Building or from outside the Building shall be subject to Landlord's (or Landlord's property manager's) prior written approval, which approval shall not be unreasonably withheld. No part of the Complex may be defaced by Tenants . 4. Significant movement in or out of the Building of furniture, office equipment, or any other bulky or heavy materials shall be restricted to such hours as Landlord (or Landlord's property manager) shall reasonably designate. Landlord (or Landlord's property manager) will determine the method and routing of the movement of said items so as to ensure the safety of all persons and property concerned and Tenant shall be responsible for all reasonable incidental costs ~~and expenses associated therewith. Advance written notice of intent to move such items must be made~~ related to the Landlord (or Landlord's property manager) at least twenty-four (24) hours before the time of such move. For non significant movement in or out of the Building of portable items which do not require use of dollies or other moving equipment, notice to Landlord (or Landlord's property manager) shall not be requiredforegoing. 5. All deliveries to a tenant's leased premises, requiring dedicated elevator service for multiple trips that potentially will disrupt service for visitors and other tenants of the Building during normal business operations as defined in paragraph 5.A., shall be made through special arrangements with the Landlord. In general, passenger elevators are to be used only for the movement of persons and small deliveries during these normal business hours. Tenants may obtain the prior written consent of Landlord (or Landlord's property manager) for any exception to the provisions of this Paragraph 5. 6. Landlord (or Landlord's property manager) shall have the authority to approve the proposed weight and location of any safes and heavy furniture and equipment, which shall in all cases stand on supporting devices approved by Landlord in order to distribute the weight. 7. Corridor doors which lead to common areas of the Building (other than doors opening into the elevator lobby on floors leased entirely to a tenant) shall be kept closed at all times. 57 8. Each tenant shall cooperate with Landlord (and Landlord's property manager) in keeping its leased area neat and clean. No tenant shall employ any person for the purpose of such cleaning other than the Building's cleaning and maintenance personnel without prior approval of Landlord (or Landlord's property manager). 9. All elevator lobbies are to be kept neat and clean. The disposal of trash or storage of materials in these areas is prohibited. 10. No birds, fish or other animals shall be brought into or kept in, on or about the Building (except for Seeing Eye dogs). 11. Tenants shall not tamper with or attempt to adjust temperature control thermostats in their leased premises. Landlord shall promptly respond to each tenant's notices as to, and Landlord (or Landlord's property manager) shall adjust thermostats as required to maintain, the Building standard temperature. Each tenant shall use reasonable efforts to keep all window blinds down and tilted at a 45 degree angle toward the street to help maintain comfortable room temperatures and conserve energy. 12. Each tenant will comply with all security procedures necessary both during business hours and after hours and on weekends. Landlord will provide each tenant with prior notice of such security procedures and any changes thereto promptly. 13. Tenants are requested to lock all office doors leading to corridors and to turn out all lights at the close of their working day; provided, however, that no tenant shall be responsible to ensure that Landlord's cleaning contractor locks doors and turns out lights after cleaning the tenant's leased premises. 14. All requests for overtime air conditioning or heating must be submitted in writing to Landlord (or Landlord's property manager) by an authorized representative of the tenant. A list of persons authorized to request such overtime services (and any amendments thereto) will be furnished by the tenant to Landlord and Landlord shall be entitled to rely thereon. Any such request must be made by 2:00 p.m. on the day desired for weekday requests, by 2:00 p.m. Friday for weekend requests and by 2:00 p.m. on the preceding business day for holiday requests. Requests made after that time may result in an additional charge (not to exceed Landlord's cost) to such Tenant, if acted upon by Landlord. Landlord will make reasonable efforts to accommodate untimely requests by Tenant for overtime air conditioning or heating. Charges for overtime operation of air conditioning or heating shall be at the then current cost of operating the required system components. Charges will be billed on Tenant's monthly statement and are due within thirty (30) days of receipt of by Tenant of the statement. 15. No flammable or explosive fluids or materials shall be kept or used within the Building except in areas approved by Landlord, and each tenant shall comply with all applicable building and fire codes relating thereto. 16. Tenants may not make any modifications, alterations, additions or repairs to their leased premises and may not install any furniture, fixture or equipment in their leased premises which is in violation of any applicable building and/or fire code governing their lease premises or the Project. The tenant must obtain prior approval from Landlord (or) Landlord's property manager) of any such alterations, modifications and additions and shall deliver

Appears in 1 contract

Samples: Office Building Lease (Omm Inc)

Construction of Tenant Improvements. Tenant has personally inspected the Leased Premises and accepts the same "as is" without representation or warranty by Landlord of any kind, except Landlord shall ~~have~~ construct in a good and workmanlike manner the ~~right to place partitions and fixtures and make~~ improvements ~~or other alterations~~ in the ~~Additional~~ Leased Premises in accordance with Tenant's plans and specifications which shall be mutually agreed upon by both Landlord and Tenant and attached hereto as Exhibit B, in an amount not to exceed Fifty-nine Thousand Dollars ($59,000.00) ("Landlord's Allowance"). Landlord agrees to competitively bid such improvements. In the ~~provisions~~ event Landlord receives a bid from a qualified, reputable general contractor capable of ~~Paragraph 9~~ performing the work on the improvements as provided herein, and such bid is less than Fifty Thousand Dollars ($50,000.00), Tenant shall be entitled to add additional work to the improvements set forth in Exhibit B up to a total cost of Fifty Thousand Dollars ($50,000.00). Tenant hereby acknowledges and agrees that all costs in excess of Landlord's Allowance (in an amount not to exceed Twenty-five Thousand Dollars ($25,000.00)) ("Amortized Amount") will be amortized at an interest rate of eleven percent (11%) per annum and paid by Tenant as Additional Rent over the Lease Term; provided, that such excess costs shall be in conformity with Exhibit B and mutually agreed upon by both Landlord and Tenant. Any costs in excess of the Lease. Landlord shall provide Tenant a tenant finish allowance of up to One Hundred Eighty-Six Thousand, Eight Hundred Forty Dollars and No Cents ($186,840.00) to be applied toward the cost of any such tenant-provided improvements as follows: 1. The tenant finish allowance Amortized Amount shall be paid in periodic installments, not more frequently than once per month, equal to the total of the contractor's or consultant's invoice amounts for improvements made to the Additional Premises, excluding any furnishings or business equipment (such as computers, satellite/microwave dish, office equipment, etc.), as submitted by Tenant and verified to Landlord's reasonable satisfaction; provided, however, that such payments will be made only if Tenant is not then in Default under the terms of this Lease and invoices are accompanied by lien waivers in the amount equal to that of the invoices. The tenant finish allowance shall be allocated and distributed subject to the provisions of this Exhibit "B" as follows: June 1, 1995 - February 29, 1996 Up To $65,112.00 January 1, 1998 - September 30, 1998 Up To $121,728.00 2. Upon the earlier of the end dates identified in the allocation schedule specified in Paragraph 1 above, or the satisfaction of all obligations associated with the tenant improvements covered under this Article II and receipt of the associated lien waivers for the work, the Tenant shall forfeit any unused portion of the allowance. Any requests for payment received by the Landlord after the above specified end dates, will be returned to the Tenant and will be the obligation and sole responsibility of the Tenant. 3. In addition to the provisions set forth in Paragraph 9 of the Lease, Tenant's contractor shall (and its contract shall so provide): (a) conduct its work in such a manner so as not to unreasonably interfere with other tenants in the Building, Building operations, or any other construction occurring on or in the Building or the Premises; 54 (b) execute a set of and comply with all rules and regulations relating to the construction activities in or on the Building as may be reasonably promulgated from time to time by Landlord or its agents; (c) maintain such insurance (such as general liability and xxxxxxx'x compensation) and bonds (such as performance and completion) in force and effect as may be reasonably requested by Landlord or as required by applicable law (but in any event said bonds shall be in amounts equal to the full value or cost of the work being done by the Tenant contractor); (d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work, including but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials, placement of dumpsters, access to the Premises and the Building, and the purchase and return of Building standard materials. (e) Upon completion of any tenant improvements, Tenant shall promptly furnish Landlord with sworn owner's and contractors' statements and full and final waivers of lien covering all labor and materials included in such improvements. Tenant shall not permit any mechanic's lien to be filed against the Building, or any part thereof, arising out of any improvement performed, or alleged to have been performed, by or on behalf of Tenant. If any such lien is filed, Tenant shall within ten (10) days thereafter have such lien released of record or deliver to Landlord a bond in form, amount, and issued by a surety satisfactory to Landlord, indemnifying Landlord against all costs and liabilities resulting from such lien and the foreclosure or attempted foreclosure thereof. If Tenant fails to have such lien so released or to deliver such bond to Landlord, Landlord, without investigating the validity of such lien, may pay or discharge the same; and Tenant shall reimburse Landlord upon demand for the amount so paid by Landlord, including Landlord's expenses and attorney's fees. 4. Landlord shall have the right to approve all subcontractors to be used by the Tenant's contractor, which approval shall not be unreasonably withheld as long as such subcontractors satisfy the requirements of this Article II. 5. Tenant shall indemnify and hold harmless Landlord, its agents, contractors (including Building Contractor), and any mortgagee of Landlord, from and against any and all losses, damages, costs (including costs of suit and attorneys' fees), liabilities, or causes of action for injury to or death of any person, for damage to any property, and for mechanic's materialmen's or other liens or claims arising out of or in connection with the work done by the Tenant's contractor (and Tenant's contractor's subcontractors and sub-subcontractors) under its contract with Tenant. 6. The failure by Tenant, after receiving written notice, to materially comply with any of the provisions of Article II of this Exhibit shall constitute a Default by Tenant under the terms of the Lease and Landlord shall have the benefit of all remedies provided for in the Lease, except Tenant shall have a thirty (30) day right to cure Default upon receipt of written notice . 7. Upon completion of the Tenant Improvements, Tenant shall deliver to Landlord two (2) copies of the "as built" plans and specifications for the Tenant Improvements completed under Article II of this Exhibit within thirty (30) days of ~~completing the same. EXHIBIT "F" to be made a part~~ Tenant's receipt of a Lease between THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (Landlord), and DATA TRANSMISSION NETWORK CORPORATION (Tenant), dated May 2, 1995. (Page 1 of 2) RULES & REGULATIONS 1. Sidewalks, doorways, vestibules, halls, stairways, elevator lobbies and other similar areas in the common areas of the Building shall not be used for the storage of materials or disposal of trash, be obstructed by tenants or Landlord, or be used by tenants or Landlord for any purpose other than entrance to and from the tenant's leased areas and the Building and for going from one part of the Building to another part of the Building. 2. Plumbing fixtures shall be used only for the purposes for which they are designed, and no sweepings, rubbish, rags or other unsuitable materials shall be disposed into them. Damage resulting to any such fixtures proven to result from misuse by a tenant, and not by Landlord's ~~cleaning contractors responsible for cleaning~~ invoice therefor. In addition, Landlord hereby agrees to upgrade the ~~tenant's leased area and~~ existing sprinkler system in the Building, shall be the liability of said tenant. 3. Signs, advertisements, graphics or notices visible in or from public corridors, any common area or public areas of the Building or from outside the Building shall be subject to at Landlord's ~~(or Landlord's property manager's) prior written approval, which approval shall not be unreasonably withheld. No part of the Complex may be defaced by Tenants~~ sole expense. 4. Significant movement in or out of the Building of furniture, office equipment, or any other bulky or heavy materials shall be restricted to such hours as Landlord (or Landlord's property manager) shall reasonably designate. Landlord (or Landlord's property manager) will determine the method and routing of the movement of said items so as to ensure the safety of all persons and property concerned and Tenant shall be responsible for all costs and expenses associated therewith. Advance written notice of intent to move such items must be made to the Landlord (or Landlord's property manager) at least twenty-four (24) hours before the time of such move. For non significant movement in or out of the Building of portable items which do not require use of dollies or other moving equipment, notice to Landlord (or Landlord's property manager) shall not be required. 5. All deliveries to a tenant's leased premises, requiring dedicated elevator service for multiple trips that potentially will disrupt service for visitors and other tenants of the Building during normal business operations as defined in paragraph 5.A., shall be made through special arrangements with the Landlord. In general, passenger elevators are to be used only for the movement of persons and small deliveries during these normal business hours. Tenants may obtain the prior written consent of Landlord (or Landlord's property manager) for any exception to the provisions of this Paragraph 5. 6. Landlord (or Landlord's property manager) shall have the authority to approve the proposed weight and location of any safes and heavy furniture and equipment, which shall in all cases stand on supporting devices approved by Landlord in order to distribute the weight. 7. Corridor doors which lead to common areas of the Building (other than doors opening into the elevator lobby on floors leased entirely to a tenant) shall be kept closed at all times. 57 8. Each tenant shall cooperate with Landlord (and Landlord's property manager) in keeping its leased area neat and clean. No tenant shall employ any person for the purpose of such cleaning other than the Building's cleaning and maintenance personnel without prior approval of Landlord (or Landlord's property manager). 9. All elevator lobbies are to be kept neat and clean. The disposal of trash or storage of materials in these areas is prohibited. 10. No birds, fish or other animals shall be brought into or kept in, on or about the Building (except for Seeing Eye dogs). 11. Tenants shall not tamper with or attempt to adjust temperature control thermostats in their leased premises. Landlord shall promptly respond to each tenant's notices as to, and Landlord (or Landlord's property manager) shall adjust thermostats as required to maintain, the Building standard temperature. Each tenant shall use reasonable efforts to keep all window blinds down and tilted at a 45 degree angle toward the street to help maintain comfortable room temperatures and conserve energy. 12. Each tenant will comply with all security procedures necessary both during business hours and after hours and on weekends. Landlord will provide each tenant with prior notice of such security procedures and any changes thereto promptly. 13. Tenants are requested to lock all office doors leading to corridors and to turn out all lights at the close of their working day; provided, however, that no tenant shall be responsible to ensure that Landlord's cleaning contractor locks doors and turns out lights after cleaning the tenant's leased premises. 14. All requests for overtime air conditioning or heating must be submitted in writing to Landlord (or Landlord's property manager) by an authorized representative of the tenant. A list of persons authorized to request such overtime services (and any amendments thereto) will be furnished by the tenant to Landlord and Landlord shall be entitled to rely thereon. Any such request must be made by 2:00 p.m. on the day desired for weekday requests, by 2:00 p.m. Friday for weekend requests and by 2:00 p.m. on the preceding business day for holiday requests. Requests made after that time may result in an additional charge (not to exceed Landlord's cost) to such Tenant, if acted upon by Landlord. Landlord will make reasonable efforts to accommodate untimely requests by Tenant for overtime air conditioning or heating. Charges for overtime operation of air conditioning or heating shall be at the then current cost of operating the required system components. Charges will be billed on Tenant's monthly statement and are due within thirty (30) days of receipt of by Tenant of the statement. 15. No flammable or explosive fluids or materials shall be kept or used within the Building except in areas approved by Landlord, and each tenant shall comply with all applicable building and fire codes relating thereto. 16. Tenants may not make any modifications, alterations, additions or repairs to their leased premises and may not install any furniture, fixture or equipment in their leased premises which is in violation of any applicable building and/or fire code governing their lease premises or the Project. The tenant must obtain prior approval from Landlord (or) Landlord's property manager) of any such alterations, modifications and additions and shall deliver

Appears in 1 contract

Samples: Lease Agreement (Omniquip International Inc)

Construction of Tenant Improvements. Tenant shall have the right to place partitions and fixtures and make improvements or other alterations in the Additional ~~Premises~~ Space in accordance with the provisions of Paragraph 9 of the Lease. Landlord shall provide Tenant a tenant finish allowance of up to ~~One Hundred Eighty-Six~~ Forty Eight Thousand, ~~Eight~~ Six Hundred ~~Forty~~ Dollars and No Nineteen Cents ($~~186,840.00~~48,600.19) to be applied toward the cost of any such tenant-provided improvements as follows: 1. The tenant finish allowance shall be paid in periodic installments, not more frequently than once per month, equal to the total of the contractor's or consultant's invoice amounts for improvements made to the Additional ~~Premises~~Space, excluding any furnishings or business equipment (such as computers, satellite/microwave dish, office equipment, etc.), as submitted by Tenant and verified to Landlord's reasonable satisfaction; provided, however, that such payments will be made only if Tenant is not then in Default under the terms of this Lease and invoices are accompanied by lien waivers in the amount equal to that of the invoices. The tenant finish allowance shall be allocated and distributed subject to the provisions of this Exhibit "B" as follows: ~~June~~ January 1, ~~1995~~ 1997 - ~~February 29~~December 31, ~~1996~~ 1997 Up To $~~65,112.00 January 1, 1998 - September 30, 1998 Up To $121,728.00~~48,600.19 2. Upon the earlier of the end ~~dates~~ date identified in the allocation schedule specified in Paragraph 1 above, or the satisfaction of all obligations associated with the tenant improvements covered under this Article II and receipt of the associated lien waivers for the work, the Tenant shall forfeit any unused portion of the allowance. Any requests for payment received by the Landlord after the above specified end dates, will be returned to the Tenant and will be the obligation and sole responsibility of the Tenant. 3. In addition to the provisions set forth in Paragraph 9 of the Lease, Tenant's contractor shall (and its contract shall so provide): (a) conduct its work in such a manner so as not to unreasonably interfere with other tenants in the Building, Building operations, or any other construction occurring on or in the Building or the Premises~~; 54~~; (b) execute a set of and comply with all rules and regulations relating to the construction activities in or on the Building as may be reasonably promulgated from time to time by Landlord or its agents; (c) maintain such insurance (such as general liability and xxxxxxx'x compensation) and bonds (such as performance and completion) in force and effect as may be reasonably requested by Landlord or as required by applicable law (but in any event said bonds shall be in amounts equal to the full value or cost of the work being done by the Tenant contractor); (d) be responsible for reaching an agreement with Landlord and its agents as to the terms and conditions for all contractor items relating to the conducting of its work, including but not limited to, those matters relating to hoisting, systems interfacing, use of temporary utilities, storage of materials, placement of dumpsters, access to the Premises and the Building, and the purchase and return of Building standard materials. (e) Upon completion of any tenant improvements, Tenant shall promptly furnish Landlord with sworn owner's and contractors' statements and full and final waivers of lien covering all labor and materials included in such improvements. Tenant shall not permit any mechanic's lien to be filed against the Building, or any part thereof, arising out of any improvement performed, or alleged to have been performed, by or on behalf of Tenant. If any such lien is filed, Tenant shall within ten (10) days thereafter have such lien released of record or deliver to Landlord a bond in form, amount, and issued by a surety satisfactory to Landlord, indemnifying Landlord against all costs and liabilities resulting from such lien and the foreclosure or attempted foreclosure thereof. If Tenant fails to have such lien so released or to deliver such bond to Landlord, Landlord, without investigating the validity of such lien, may pay or discharge the same; and Tenant shall reimburse Landlord upon demand for the amount so paid by Landlord, including Landlord's expenses and attorney's fees. 4. Landlord shall have the right to approve all subcontractors to be used by the Tenant's contractor, which approval shall not be unreasonably withheld as long as such subcontractors satisfy the requirements of this Article II. 5. Tenant shall indemnify and hold harmless Landlord, its agents, contractors (including Building Contractor), and any mortgagee of Landlord, from and against any and all losses, damages, costs (including costs of suit and attorneys' fees), liabilities, or causes of action for injury to or death of any person, for damage to any property, and for mechanic's materialmen's or other liens or claims arising out of or in connection with the work done by the Tenant's contractor (and Tenant's contractor's subcontractors and sub-subcontractors) under its contract with Tenant. 6. The failure by Tenant, after receiving written notice, to materially comply with any of the provisions of Article II of this Exhibit shall constitute a Default by Tenant under the terms of the Lease and Landlord shall have the benefit of all remedies provided for in the Lease, except Tenant shall have a thirty (30) day right to cure Default upon receipt of written notice . 7. Upon completion of the Tenant Improvements, Tenant shall deliver to Landlord two (2) copies of the "as built" plans and specifications for the Tenant Improvements completed under Article II of this Exhibit within thirty (30) days of completing the same. EXHIBIT "F" to be made a part of a Lease between THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (Landlord), and DATA TRANSMISSION NETWORK CORPORATION (Tenant), dated May 2, 1995. (Page 1 of 2) RULES & REGULATIONS 1. Sidewalks, doorways, vestibules, halls, stairways, elevator lobbies and other similar areas in the common areas of the Building shall not be used for the storage of materials or disposal of trash, be obstructed by tenants or Landlord, or be used by tenants or Landlord for any purpose other than entrance to and from the tenant's leased areas and the Building and for going from one part of the Building to another part of the Building. 2. Plumbing fixtures shall be used only for the purposes for which they are designed, and no sweepings, rubbish, rags or other unsuitable materials shall be disposed into them. Damage resulting to any such fixtures proven to result from misuse by a tenant, and not by Landlord's cleaning contractors responsible for cleaning the tenant's leased area and the Building, shall be the liability of said tenant. 3. Signs, advertisements, graphics or notices visible in or from public corridors, any common area or public areas of the Building or from outside the Building shall be subject to Landlord's (or Landlord's property manager's) prior written approval, which approval shall not be unreasonably withheld. No part of the Complex may be defaced by Tenants . 4. Significant movement in or out of the Building of furniture, office equipment, or any other bulky or heavy materials shall be restricted to such hours as Landlord (or Landlord's property manager) shall reasonably designate. Landlord (or Landlord's property manager) will determine the method and routing of the movement of said items so as to ensure the safety of all persons and property concerned and Tenant shall be responsible for all costs and expenses associated therewith. Advance written notice of intent to move such items must be made to the Landlord (or Landlord's property manager) at least twenty-four (24) hours before the time of such move. For non significant movement in or out of the Building of portable items which do not require use of dollies or other moving equipment, notice to Landlord (or Landlord's property manager) shall not be required. 5. All deliveries to a tenant's leased premises, requiring dedicated elevator service for multiple trips that potentially will disrupt service for visitors and other tenants of the Building during normal business operations as defined in paragraph 5.A., shall be made through special arrangements with the Landlord. In general, passenger elevators are to be used only for the movement of persons and small deliveries during these normal business hours. Tenants may obtain the prior written consent of Landlord (or Landlord's property manager) for any exception to the provisions of this Paragraph 5. 6. Landlord (or Landlord's property manager) shall have the authority to approve the proposed weight and location of any safes and heavy furniture and equipment, which shall in all cases stand on supporting devices approved by Landlord in order to distribute the weight. 7. Corridor doors which lead to common areas of the Building (other than doors opening into the elevator lobby on floors leased entirely to a tenant) shall be kept closed at all times. 57 8. Each tenant shall cooperate with Landlord (and Landlord's property manager) in keeping its leased area neat and clean. No tenant shall employ any person for the purpose of such cleaning other than the Building's cleaning and maintenance personnel without prior approval of Landlord (or Landlord's property manager). 9. All elevator lobbies are to be kept neat and clean. The disposal of trash or storage of materials in these areas is prohibited. 10. No birds, fish or other animals shall be brought into or kept in, on or about the Building (except for Seeing Eye dogs). 11. Tenants shall not tamper with or attempt to adjust temperature control thermostats in their leased premises. Landlord shall promptly respond to each tenant's notices as to, and Landlord (or Landlord's property manager) shall adjust thermostats as required to maintain, the Building standard temperature. Each tenant shall use reasonable efforts to keep all window blinds down and tilted at a 45 degree angle toward the street to help maintain comfortable room temperatures and conserve energy. 12. Each tenant will comply with all security procedures necessary both during business hours and after hours and on weekends. Landlord will provide each tenant with prior notice of such security procedures and any changes thereto promptly. 13. Tenants are requested to lock all office doors leading to corridors and to turn out all lights at the close of their working day; provided, however, that no tenant shall be responsible to ensure that Landlord's cleaning contractor locks doors and turns out lights after cleaning the tenant's leased premises. 14. All requests for overtime air conditioning or heating must be submitted in writing to Landlord (or Landlord's property manager) by an authorized representative of the tenant. A list of persons authorized to request such overtime services (and any amendments thereto) will be furnished by the tenant to Landlord and Landlord shall be entitled to rely thereon. Any such request must be made by 2:00 p.m. on the day desired for weekday requests, by 2:00 p.m. Friday for weekend requests and by 2:00 p.m. on the preceding business day for holiday requests. Requests made after that time may result in an additional charge (not to exceed Landlord's cost) to such Tenant, if acted upon by Landlord. Landlord will make reasonable efforts to accommodate untimely requests by Tenant for overtime air conditioning or heating. Charges for overtime operation of air conditioning or heating shall be at the then current cost of operating the required system components. Charges will be billed on Tenant's monthly statement and are due within thirty (30) days of receipt of by Tenant of the statement. 15. No flammable or explosive fluids or materials shall be kept or used within the Building except in areas approved by Landlord, and each tenant shall comply with all applicable building and fire codes relating thereto. 16. Tenants may not make any modifications, alterations, additions or repairs to their leased premises and may not install any furniture, fixture or equipment in their leased premises which is in violation of any applicable building and/or fire code governing their lease premises or the Project. The tenant must obtain prior approval from Landlord (or) Landlord's property manager) of any such alterations, modifications and additions and shall deliver

Appears in 1 contract

Samples: Lease (Data Transmission Network Corp)

Common use of Construction of Tenant Improvements Clause in Contracts