Demising Wall. Tenant acknowledges that Landlord or a new tenant may construct a secure demising wall separating the Return Space from the remainder of the Premises immediately following the Partial Termination Date. So as to provide minimal disruption to Tenant’s right of quiet enjoyment of the Premises, Construction of the Demising Wall shall commence no earlier than 5:30 p.m. and end no later than 8:00 a.m. Monday through Friday, and without restriction on Saturdays and Sundays until complete.
Demising Wall. (a) Tenant acknowledges that as of the date of the Lease, there is no demising wall separating the Premises from the adjacent premises which is described as Suite C and comprised of approximately 20,892 rentable square feet (the “Suite C Premises”). Accordingly, notwithstanding anything to the contrary set forth herein, Landlord shall not directly or indirectly be liable to Tenant, any Tenant Party or any other person and Tenant hereby waives any and all claims, known or unknown, against and releases Landlord and the other Landlord Entities from any and all claims arising as a consequence of or related to (i) any loss sustained by Tenant, any Tenant Party or any third party as a result of the lack of a demising wall or other separation between the Premises and the Suite C Premises, and (ii) access by Landlord, any Landlord Entity or Landlord’s contractor to the Suite C Premises.
(b) Tenant acknowledges that following the Commencement Date of the Lease, Landlord, at Landlord’s expense, shall install a demising wall to separate the Premises from the Suite C Premises (the “Demising Wall”) and shall restore one dock high door in the Suite C Premises (the “Dock Door”). Landlord shall use commercially reasonable efforts to perform the construction of the Demising Wall and Dock Door within a commercially reasonable period of time following the Commencement Date, subject to any Tenant Delays and delays caused by force majeure. Until such Demising Wall and Dock Door are constructed and the Premises and the Suite C Premises is separately demised, the parties acknowledge and agree that (i) Tenant shall have no right to enter or otherwise utilize any portion of the Suite C Premises, and (ii) Landlord shall at all times retain possession and control of the Suite C Premises, including, without limitation, the right to construct the Demising Wall and to perform any other construction and alterations in the Suite C Premises. Tenant hereby covenants and agrees to fully cooperate with Landlord, its agents, employees, and contractors without unreasonable delay, with respect to entry to the Premises to (a) enable Landlord to perform any repairs, maintenance, construction and/or alterations in the Suite C Premises, including without limitation, constructing a demising wall, and (b) to show the Suite C Premises to prospective tenants. Notwithstanding the foregoing, except in emergency situations as determined by Landlord, Landlord shall exercise reasonable efforts to perform an...
Demising Wall. One boundary of the Leased Premises is defined by the yellow tape attached to the floor and wall. Tenant is not allowed to expand beyond that point and will be monitored by RW Management Company personnel. Should any infraction of this boundary line be detected, Tenant shall be responsible for a full month's rental on the adjacent bay(s) or $1,S12.00/bay. Landlord, at Landlord's sole cost and expense, shall have the option to construct a permanent demising wall at any time during the term of this lease. EXHIBIT "D" HAZARDOUS MATERIAL
1. Tenant shall not cause or permit any Hazardous Material to be brought upon, manufactured, kept, or used in or about the Premises by Tenant, its agents, employees, contractors, or invitees, except for such Hazardous Material as is necessary or useful to Tenant's business and the use of which is expressly approved by Landlord in writing.
2. Any Hazardous Material permitted on the Premises as provided in Section 1, and all containers therefor, shall be used, kept, stored, and disposed of in a manner that complies with all federal, state, and local laws or regulations applicable to this Hazardous Material.
3. Tenant shall not discharge, leak, or emit, or permit to be discharged, leaked, or emitted, any material into the Premises, the building which includes the Premises, the atmosphere, ground, sewer system, or any body of water, if that material (as is reasonably determined by the Landlord, or any governmental authority) does or may pollute or contaminate the same, or may adversely affect (a) the health, welfare, or safety of persons, whether located on the Premises or elsewhere, or (b) the condition, use, or enjoyment of the building or any other real or personal property.
4. At the commencement of each Lease Year, Tenant shall disclose to Landlord the names and approximate amounts of all Hazardous Material that Tenant intends to store, use, or dispose of on the Premises in the coming Lease Year. In addition, at the commencement of each Lease Year, beginning with the second Lease Year, Tenant shall disclose to Landlord the names and amounts of all Hazardous Materials that were actually used, stored, or disposed of on the Premises if those material were not previously identified to the Landlord at the commencement of the previous Lease Year.
5. As used herein, the term "Hazardous Material" means (a) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, and regulat...
Demising Wall. Prior to Landlord delivering possession of the Premises, Landlord shall install a standard demising wall in the Building between Suite "A" of the Building and the Premises. The side of such wall facing on the Premises shall be unfinished except for drywall mud and tape, ready for Tenant's application of paint or other wall covering.
Demising Wall. Tenant acknowledges that there is currently no demising wall between the Remaining Premises and the Reduction Space; provided, however that Xxxxxx agrees that Tenant shall have no right to use or occupy (nor permit others to use or occupy) any portion of the Reduction Space from and after the Second Extended Expiration Date. Tenant specifically agrees that its release, waiver, indemnity and insurance obligations set forth in the Lease shall apply to the Reduction Space (as if it were a portion of the Premises) with respect to that period of time (1) commencing on the Reduction Effective Date, and (2) ending on the date a demising wall is constructed to separate the Remaining Premises from the Reduction Space (as more particularly described in Section 2.1 hereof and Exhibit B hereto). Effective immediately upon Tenant or any of its agents, employees, contractors, officers, directors, shareholders, visitors, invitees, or customers entering the Reduction Space after the Second Extended Expiration Date for any reason whatsoever or placing any personal property therein, then without limiting any of Landlord’s other rights, Landlord shall be entitled, at Landlord’s option, (a) to receive from Tenant, on a go-forward basis, Base Rent on the entire Reduction Space in an amount equal to the then applicable per rentable square foot amount payable per month with respect to the Remaining Premises and/or (b) to declare an immediate Default under the terms of the Lease (as amended).
Demising Wall. Tenant has already vacated the Relinquished Space and the portion of the Premises on the 8th Floor of the Building (the "Retained 8th Floor Premises") which will remain part of the Premises after the Effective Date. Exhibit D, attached hereto indicates where the demising walls can be installed which would separate the Relinquished Space from the Retained 8th Floor Premises. At present, there is no plan to install such demising walls since the Tenant is not currently using the Retained 8th Floor Premises and CHW has agreed not to use them. At any time subsequent to October 31, 2009, and in the event the demising walls have not been installed, at its election, Landlord may install such demising walls. Tenant understands that the construction of the demising walls and any related demolition and construction will be disruptive and Tenant agrees that it shall have no claim against Landlord as a result of any such disruption. Tenant hereby agrees to pay, within thirty (30) days after request, all reasonable costs incurred by Landlord in connection with the design, permitting, construction and installation of such demising walls and any modifications to any Building systems or structures required in connection therewith including, without limitation, all costs incurred for the design, engineering, permitting and construction of any demising walls, exit doors, corridors, recircuiting of lighting, moving light fixtures, modifying HVAC ducts or HVAC controls, modifying firesprinklers, modifying the life safety systems, replacing floor and wall coverings and finishes and replacing and modifying any ceiling system, and any fire separation which may be required anywhere on the 8th Floor as a result of the construction of any of the foregoing.
Demising Wall. Slab to bottom of deck high; 6” steel stud wall with one sheet 5/8” gypsum - board on occupied side — full height (slab to bottom of deck) and fiberglass sound attenuated batt insulation (rolled, with STC 5-54 rated) within stud cavity.
Demising Wall. The Landlord agrees to erect, at Landlord’s expense, a floor to ceiling wall barrier as a “Demising Wall” in the location designated on Exhibit A between the areas marked “Bay 2” and “Bay 3.” The construction of the Demising Wall shall be performed in accordance with all applicable laws, rules, codes and regulations and shall consist of a solid wall with access doors between the bays capable of being locked. Tenant reserves the right in its sole discretion to lock any of the doors that allow access to Tenant’s Space, including the doors that allow access to Tenant’s Space from the office area on the second floor currently occupied by Xxxxxxx Composites, LLC. Landlord must complete construction of the Demising Wall either by December 31, 2010 or before any new tenant begins to occupy space in the Premises, whichever occurs first. In the event that Landlord fails to install the Demising Wall by either December 31, 2010 or before any new tenant occupies the Premises, and provided that any such failure is not the result of a building or fire code prohibition, Tenant shall have the right to install such Demising Wall, subject to all building and fire code rules and regulations, and upon receipt by Landlord of reasonable evidence of Tenant’s out-of-pocket expenses for such installation, Landlord shall either reimburse Tenant for such out-of-pocket expenses or credit the amount of such out-of-pocket expenses toward Tenant’s Basic Rent, as amended below in Section 4.
Demising Wall. Postal Service shall erect the demising wall to secure the space in the location as indicated on Exhibit A. Landlord consents to this work.
Demising Wall. The cost of maintenance and repair of any wall, divider, partition or any other structure inside the Premises (a “Demising Wall”) shall be Tenant’s responsibility. Tenant shall not damage any Demising Wall or disturb the integrity and support provided by any Demising Wall and shall, at its sole cost and expense, promptly repair any damage or injury caused to any Demising Wall caused by Tenant or its employees, agents or invitees. Landlord DCB 5 Tenant D.A.
