General Alteration Covenants. Tenant shall not make or perform, or permit the making or performance of, any alterations, installations, decorations, improvements, additions or other physical changes in or about the Demised Premises (referred to collectively, as "Alterations" and individually as an "Alteration") without Owner's prior consent in each instance. Owner agrees not unreasonably to withhold its consent to any non-structural Alterations proposed to be made by Tenant to adapt the Demised Premises for Tenant's business purposes. Notwithstanding the foregoing provisions of this Section or Owner's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: A. All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Owner may, from time to time, reasonably designate; B. No Alteration shall adversely affect the structural integrity of the Building; C. Alterations shall be made only by contractors or mechanics approved by Owner, such approval not unreasonably to be withheld (notwithstanding the foregoing, all Alterations requiring mechanics in heating, ventilation air conditioning, electrical, plumbing, sprinklers and other mechanical trades with respect to which Owner has adopted or may hereafter adopt a list or lists of approved contractors shall be made only by contractors selected by Tenant from such list or lists provided there are at least three [3] contractors on each such list and the prices charged by such contractors are competitive for similar work in the Borough of Manhattan in comparable first class office buildings); D. No Alteration shall affect any part of the Building other than the Demised Premises or adversely affect any service required to be furnished by Owner to Tenant or to any other tenant or occupant of the Building (including, without limitation, the Building-wide standard systems required to provide elevator, heat, ventilation, air-conditioning and electrical and plumbing services in the Building); E. No Alteration shall intentionally reduce the value or utility of the Building or any portion thereof as a First-Class building; F. No Alteration shall affect the Certificate of Occupancy for the Building or the Demised Premises; G. No Alteration shall affect the outside appearance of the Building or the color or style of any venetian blinds (except that Tenant may remove any venetian blinds provided that they are promptly replaced by Tenant with blinds of a similar type, material and color);
Appears in 1 contract
Samples: Lease Agreement (Appliedtheory Corp)
General Alteration Covenants. Tenant shall not make or ---------------------------- perform, or permit the making or performance of, any alterations, installations, decorations, improvements, additions or other physical changes in or about the Demised Premises (referred to collectively, as "Alterations" and individually as an ----------- "Alteration") without Owner's prior consent in each instance. Owner agrees not ---------- unreasonably to withhold or delay its consent to any non-structural Alterations proposed to be made by Tenant to adapt the Demised Premises for Tenant's business purposes. Notwithstanding the foregoing provisions of this Section or Owner's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions:
A. All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Owner may, from time to time, reasonably designate;
B. No Alteration shall adversely affect the structural integrity of the Building;
C. Alterations shall be made only by contractors or mechanics approved by Owner, such approval not unreasonably to be withheld (notwithstanding the foregoing, all Alterations requiring mechanics in heating, ventilation air conditioning, electrical, plumbing, sprinklers and other mechanical trades with respect to which Owner has adopted or may hereafter adopt a list or lists of approved contractors shall be made only by contractors selected by Tenant from such list or lists provided there are at least three [lists). Owner hereby consents to the performance of Tenant's Initial Installation by the contractors set forth on Exhibit 3] contractors on each such list and the prices charged by such contractors are competitive for similar work in the Borough of Manhattan in comparable first class office buildings);
D. No Alteration shall affect any part of the Building other than the Demised Premises or adversely affect any service required to be furnished by Owner to Tenant or to any other tenant or occupant of the Building (including, without limitation, the Building-wide standard systems required to provide elevator, heat, ventilation, air-conditioning and electrical and plumbing services in the Building);
E. No Alteration shall intentionally reduce the value or utility of the Building or any portion thereof as a First-Class buildingthereof;
F. No Alteration shall affect the Certificate of Occupancy for the Building or the Demised Premises;
G. No Alteration shall affect the outside appearance of the Building or the color or style of any venetian blinds (except that Tenant may remove any venetian blinds provided that they are promptly replaced by Tenant with blinds of a similar type, material and color);
H. All business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient, in Owner's reasonable judgment, to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building;
I. Tenant shall not be required to submit plans and specifications to Owner with respect to any Alterations which, pursuant to Legal Requirements, do not require the filing of plans and specifications with the New York City Building Department, but in such cases Tenant shall submit to Owner information with respect to such Alterations in reasonably sufficient detail to enable Owner to determine the nature and extent of the work to be performed; before Tenant commences any Alterations which do require such filing with the New York City Building Department, however, Tenant shall submit to Owner for Owner's approval, which shall not be unreasonably withheld, delayed or conditioned, detailed plans and specifications stamped by Tenant's architect (including layout, architectural, mechanical and structural drawings); Owner shall respond to Tenant's request for approval of such plans and specifications within ten (10) business days for any such Alteration affecting one (1) floor or less (with such ten (10) business day period extended to fifteen (15) business days with respect to any Alteration which affects more than one (1) floor); Owner shall respond to re-submissions within five (5) business days; Owner's failure to respond within the above-mentioned time periods shall be deemed Owner's approval provided Tenant shall have accompanied the submission of its plans and specifications with a notice stating in bold capital letters that if Owner does not respond to Tenant's submission within the applicable time period, such plans and specifications shall be deemed approved by Owner; any dispute as to the reasonability of Owner's refusal to approve such plans and specifications shall be determined by arbitration in accordance with the provisions of Article 36; in cases where Owner's consent to a particular Alteration is not required pursuant to the provisions of this Lease but where Tenant must submit such plans and specifications for Owner's review, such review shall relate merely to the manner in which the Alterations therefor shall be performed and not to Tenant's right to perform such Alterations; following the completion of each Alteration requiring a filing with the New York City Building Department, Tenant shall submit to Owner architectural computerized "as built" drawing file for each floor of the Demised Premises being altered; such file will be in DXF format (or successor technology) and contain, on a separate layer, all ceiling-height partitions and doors within each floor of the Demised Premises being altered. With respect to the submission by Tenant of its plans and specifications, Owner will endeavor to review portions thereof as they are submitted to Owner in order to advise Tenant as to whether Owner will agree to the concept involved, without affecting any Owner's rights to approve the complete plans and specifications which Owner has in accordance with the provisions of this Lease;
J. Prior to the commencement of each proposed Alteration, Tenant shall have procured and paid for and exhibited to Owner, so far as the same may be required from time to time, all permits, approvals and authorizations of all Governmental Authorities (as defined in Section 6.01.) having or claiming jurisdiction;
K. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Owner duplicate original policies of worker's compensation insurance covering all persons to be employed in connection with such Alteration, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Owner, its agents, the holder of any Mortgage (as defined in Section 7.01.) and any lessor under any Superior Lease (as defined in Section 7.01.) shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, reasonably satisfactory to Owner and shall be maintained by Tenant until the completion of such Alteration;
L. In the event Owner or its agents employ any independent architect or engineer to examine any plans or specifications submitted by Tenant to Owner in connection with any proposed Alteration, Tenant agrees to pay to Owner a sum equal to any reasonable out of pocket fees actually incurred by Owner in connection therewith.
M. All fireproof wood test reports, electrical and air conditioning certificates, and all other permits, approvals and certificates required by all Governmental Authorities shall be timely obtained by Tenant and submitted to Owner;
N. All Alterations, once commenced, shall be made promptly and in a good and workmanlike manner;
O. Notwithstanding Owner's approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all Legal Requirements (as defined in Section 6.01.) and with all applicable rules, orders, regulations and requirements of the New York Board of Fire Underwriters and the New York Fire Insurance Rating Organization or any similar body;
P. All Alterations shall be made and performed in accordance with the Building Rules and Building Rules for Alterations, a copy of which has been delivered to Tenant prior to the date of this Lease;
Q. All materials and equipment to be installed, incorporated or located in the Demised Premises as a result of all Alterations shall be first quality;
R. No materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement of any kind; S. Tenant, before commencement of each Alteration costing in excess of SEVEN HUNDRED FIFTY THOUSAND AND 00/100 ($750,000.00) DOLLARS, shall furnish to Owner a performance bond or other security satisfactory to Owner, in an amount at least equal to the estimated cost of such Alteration, guaranteeing the performance and payment thereof except, if Tenant is a publicly traded company with a net worth equal to $25,000,000, no such bond shall be required;
Appears in 1 contract
Samples: Lease Agreement (Blackrock Inc /Ny)
General Alteration Covenants. Tenant shall not make or perform, or permit the making or performance of, any alterations, installations, decorations, improvements, additions or other physical changes in or about the Demised Premises (referred to collectively, as "“Alterations" ” and individually as an "“Alteration"”) without Owner's ’s prior consent in each instance. Owner agrees not unreasonably to withhold withhold, delay or condition its consent to any non-structural Alterations proposed to be made by Tenant to adapt the Demised Premises for Tenant's ’s business purposes. Owner agrees that Tenant may, without Owner’s prior consent, make Alterations which are merely decorative or cosmetic changes or other non-structural Alterations in the Demised Premises, provided that the estimated cost of same constituting a single project shall not exceed the sum of SEVENTY-FIVE THOUSAND and 00/100 DOLLARS ($75,000.00) and the same shall not affect the electrical system (as opposed to fixtures, with it understood that Tenant shall not be entitled to remove, relocate or add to the same), plumbing system (as opposed to fixtures, with it understood that Tenant shall not be entitled to remove, relocate or add to the same), heating, ventilation, air-conditioning or any other Building system or any portion of the Building outside of the Demised Premises (any such merely decorative or cosmetic Alteration meeting the aforesaid criteria is referred to as a “Decoration”, and any such other non-structural Alteration meeting the aforesaid criteria is referred to as a “Qualified Non-Structural Alteration”). Although Owner’s consent shall not be required with respect to whether Tenant may perform any Qualified Non-Structural Alteration, at least ten (10) days prior to the commencement of such work, Tenant shall submit to Owner detailed plans and specifications as required under Section I below to enable Owner to determine the nature and extent of such work and to allow Owner to review the manner in which any such proposed Qualified Non-Structural Alterations are to be performed. Notwithstanding the foregoing provisions of this Section or Owner's ’s consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions::
A. All Alterations shall be made and performed at Tenant's ’s sole cost and expense expense, subject to Owner’s Work Contribution (as defined in Section 3.08 hereof), and at such time and in such manner as Owner may, from time to time, reasonably designate;;
B. No X. Xx Alteration shall adversely affect the structural integrity of the Building;;
C. Alterations shall be made only by contractors or mechanics approved by Owner, such approval not unreasonably to be withheld unreasonably withheld, conditioned or delayed (notwithstanding the foregoing, all Alterations requiring mechanics in heating, ventilation air conditioning, electrical, plumbing, sprinklers and other mechanical trades with respect to which Owner has adopted or may hereafter adopt a list or lists of approved contractors, which list or lists shall include at least five (5) contractors per trade, shall be made only by contractors selected by Tenant from such list or lists provided there are at least three [3] contractors on each and Owner shall have sole discretion with respect to the contractor performing connections to the Building Class E Fire Alarm and Communication system, with Owner agreeing to cause such list contractor performing connections to the Class E Fire Alarm and the prices charged by such contractors are competitive for similar work in the Borough of Manhattan in comparable first class office buildingsCommunication System shall charge commercially reasonable rates);;
D. No X. Xx Alteration shall affect any part of the Building other than the Demised Premises or adversely affect any service required to be furnished by Owner to Tenant or to any other tenant or occupant of the Building (including, without limitation, the Building-wide standard systems required to provide elevator, heat, ventilation, air-conditioning and electrical and plumbing services in the Building);;
E. No X. Xx Alteration shall intentionally reduce the value or utility of the Building or any portion thereof as a First-Class building;thereof;
F. No X. Xx Alteration shall affect the Certificate of Occupancy for the Building or the Demised Premises;;
G. No X. Xx Alteration shall affect the outside appearance of the Building or the color or style of any venetian blinds (except that Tenant may remove any venetian blinds provided that they are promptly replaced by Tenant with blinds Building standard blinds);
H. All business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient, in Owner’s judgment, to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building;
I. Tenant shall submit to Owner detailed plans and specifications stamped by Tenant’s architect (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Owner’s approval of such plans and specifications, which approval shall not be unreasonably withheld or delayed with respect to Alterations to which Owner’s consent is not required or to which Owner has agreed hereunder to not unreasonably withhold consent. If detailed plans and specifications (i) would not, in accordance with good construction practice typically be prepared for such proposed Qualified Non-Structural Alteration, (ii) are not prepared by or on behalf of Tenant and (iii) are not required to be filed with any Governmental Authority in connection with obtaining permits required to perform the same, then in lieu of submitting detailed plans and specifications, and notwithstanding the terms and conditions of this Subsection I, Tenant shall submit detailed information (along with any existing more general plans or drawings) to enable Owner to determine the nature and extent of the work proposed to be performed. Following the completion of each Alteration, Tenant shall submit to Owner a computerized “as built” drawing file for the Demised Premises (or if the Demised Premises comprise more than one (1) floor, for each floor of the Demised Premises being altered); such file will be in DXF format and contain, on a separate layer, all ceiling-height partitions and doors within the Demised Premises (or if the Demised Premises comprise more than one (1) floor, within each floor of the Demised Premises being altered); Owner shall respond to Tenant’s request for approval of any plans and specifications submitted by Owner to Tenant with respect to any Alterations within fifteen (15) business days of the submission (or ten (10) business days of any resubmission), and if Owner shall withhold its approval, it shall notify Tenant of its reasons therefore;
J. Prior to the commencement of each proposed Alteration, Tenant shall have procured and paid for and exhibited to Owner, so far as the same may be required from time to time, all permits, approvals and authorizations of all Governmental Authorities (as defined in Section 6.01.) having or claiming jurisdiction;
K. Prior to the commencement by each worker of its portion of a proposed Alteration, Tenant shall furnish to Owner duplicate original policies of workmen’s compensation insurance covering such persons to be employed in connection with such portion of the Alteration, including those to be employed by all contractors and subcontractors, and of commercial general liability insurance (including property damage coverage) in which Owner, its agents, the holder of any Mortgage (as defined in Section 7.01.) and any lessor under any Superior Lease (as defined in Section 7.01.) shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Owner and shall be maintained by Tenant until the completion of such Alteration;
X. Xx the event Owner or its agents employ any independent architect or engineer to examine any plans or specifications submitted by Tenant to Owner in connection with any proposed Alteration, Tenant agrees to pay to Owner a sum equal to any reasonable out-of-pocket fees and expenses incurred by Owner in connection therewith; however, in no event shall Owner impose any charge for its internal review of any plans or specifications or charge any supervisory or similar typefees in connection with Alterations. Reasonable substantiation for such fees shall be furnished to Tenant upon request;
M. All fireproof wood test reports, material electrical and colorair conditioning certificates, and all other permits, approvals and certificates required by all Governmental Authorities shall be timely obtained by Tenant and submitted to Owner;
N. All Alterations, once commenced, shall be made promptly and in a good and workmanlike manner;
O. Notwithstanding Owner’s approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all Legal Requirements and with all applicable rules, orders, regulations and requirements of the New York Board of Fire Underwriters and the New York Fire Insurance Rating Organization or any similar body;
P. All Alterations shall be made and performed in accordance with the Building Rules and Building Rules for Alterations. A copy of the Building Rules for Alterations in effect as of the date hereof have been provided to Tenant. In the event of any conflict between the provisions of this Lease and the provisions of any Building Rule for Alterations, the provisions of the Building Rules for Alterations shall govern;
Q. All materials and equipment to be installed, incorporated or located in the Demised Premises as a result of all Alterations shall be new and first quality;
X. Xx materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement of any kind;
S. Tenant, before commencement of each Alteration (other than (x) Tenant’s Initial Installation and (b) Alterations, the estimated cost of same constituting a single project shall not exceed $500,000.00 for the project);, shall furnish to Owner a performance bond or other security reasonably satisfactory to Owner, in an amount at least equal to the estimated cost of such Alteration, guaranteeing the performance and payment thereof;
X. Xx Alteration shall be commenced unless any preceding Alteration shall have been fully paid for and proof of such payment furnished to Owner; provided, however, that this Section 3.01T shall not apply to (i) phased work constituting parts of a single Alteration by Tenant, or (ii) amounts concerning which a bona fide dispute with the contractor or vendor is then pending and which Tenant is diligently attempting to resolve; U.Promptly following the completion of each Alteration, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Alteration required by any Governmental Authority and shall furnish Owner with copies thereof;
Appears in 1 contract
Samples: Lease Agreement (Bankrate, Inc.)
General Alteration Covenants. Tenant shall not make or perform, or permit the making or performance of, any alterations, installations, decorations, improvements, additions or other physical changes in or about the Demised Premises (referred to collectively, as "“Alterations" ” and individually as an "“Alteration"”) without Owner's ’s prior consent in each instance. Owner agrees not unreasonably to withhold its consent to any non-structural Alterations proposed to be made by Tenant to adapt the Demised Premises for Tenant's ’s business purposes. Notwithstanding the foregoing, Owner agrees that Tenant may, without Owner’s prior consent, make non-structural Alterations in the Demised Premises, provided that the estimated cost of same constituting a single project shall not exceed the sum of $10,000.00 and the same shall not affect the electrical, plumbing, heating, ventilation, air-conditioning or any other Building system or any portion of the Building outside of the Demised Premises (any such non-structural Alteration meeting the aforesaid criteria is referred to as a “Qualified Non-Structural Alteration”). Although Owner’s consent shall not be required with respect to whether Tenant may perform any Qualified Non-Structural Alteration, at least ten (10) days prior to the commencement of such work, Tenant shall submit to Owner detailed plans and specifications as required under Section I below to enable Owner to determine the nature and extent of such work and to allow Owner to review the manner in which any such proposed Qualified Non-Structural Alterations are to be performed. Notwithstanding the foregoing provisions of this Section or Owner's ’s consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions:
A. All Alterations shall be made and performed at Tenant's ’s sole cost and expense and at such time and in such manner as Owner may, from time to time, reasonably designate;
B. No Alteration shall adversely affect the structural integrity of the Building;
C. Alterations shall be made only by contractors or mechanics approved by Owner, such approval not unreasonably to be withheld (notwithstanding the foregoing, all Alterations requiring mechanics in heating, ventilation air conditioning, electrical, plumbing, sprinklers and other mechanical trades with respect to which Owner has adopted or may hereafter adopt a list or lists of approved contractors shall be made only by contractors selected by Tenant from such list or lists provided there are at least three [3] contractors on each such list and Owner shall have sole discretion with respect to the prices charged by such contractors are competitive for similar work in contractor performing connections to the Borough of Manhattan in comparable first class office buildingsBuilding Class E Fire Alarm and Communication system);
D. No Alteration shall affect any part of the Building other than the Demised Premises or adversely affect any service required to be furnished by Owner to Tenant or to any other tenant or occupant of the Building (including, without limitation, the Building-wide standard systems required to provide elevator, heat, ventilation, air-conditioning and electrical and plumbing services in the Building);
E. No Alteration shall intentionally reduce the value or utility of the Building or any portion thereof as a First-Class buildingthereof;
F. No Alteration shall affect the Certificate of Occupancy for the Building or the Demised Premises;
G. No Alteration shall affect the outside appearance of the Building or the color or style of any venetian blinds (except that Tenant may remove any venetian blinds provided that they are promptly replaced by Tenant with blinds Building standard blinds);
H. All business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient, in Owner’s judgment, to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building;
I. Tenant shall submit to Owner detailed plans and specifications stamped by Tenant’s architect (including layout, architectural, mechanical and structural drawings) for each proposed Alteration, subject to the terms and conditions of Subsection X of this Section 3.01 and shall not commence any such Alteration without first obtaining Owner’s approval of such plans and specifications, which approval shall not be unreasonably withheld with respect to Alterations to which Owner’s consent is not required or to which Owner has agreed hereunder to not unreasonably withhold consent. If detailed plans and specifications (i) would not, in accordance with good construction practice typically be prepared for such proposed Qualified Non-Structural Alteration, (ii) are not prepared by or on behalf of Tenant and (iii) are not required to be filed with any Governmental Authority in connection with obtaining permits required to perform the same, then in lieu of submitting detailed plans and specifications, and notwithstanding the terms and conditions of this Subsection I, Tenant shall submit detailed information (along with any existing more general plans or drawings) to enable Owner to determine the nature and extent of the work proposed to be performed. Following the completion of each Alteration, Tenant shall submit to Owner a computerized “as built” drawing file for the Demised Premises (or if the Demised Premises comprise more than one (1) floor, for each floor of the Demised Premises being altered); such file will be in DXF format and contain, on a separate layer, all ceiling-height partitions and doors within the Demised Premises (or if the Demised Premises comprise more than one (1) floor, within each floor of the Demised Premises being altered);
J. Prior to the commencement of each proposed Alteration, Tenant shall have procured and paid for and exhibited to Owner, so far as the same may be required from time to time, all permits, approvals and authorizations of all Governmental Authorities (as defined in Section 6.01.) having or claiming jurisdiction;
K. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Owner duplicate original policies of workmen’s compensation insurance covering all persons to be employed in connection with such Alteration, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Owner, its agents, the holder of any Mortgage (as defined in Section 7.01.) and any lessor under any Superior Lease (as defined in Section 7.01.) shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Owner and shall be maintained by Tenant until the completion of such Alteration;
L. In the event Owner or its agents employ any independent architect or engineer to examine any plans or specifications submitted by Tenant to Owner in connection with any proposed Alteration, Tenant agrees to pay to Owner a sum equal to any reasonable fees incurred by Owner in connection therewith.
M. All fireproof wood test reports, electrical and air conditioning certificates, and all other permits, approvals and certificates required by all Governmental Authorities shall be timely obtained by Tenant and submitted to Owner;
N. All Alterations, once commenced, shall be made promptly and in a good and workmanlike manner;
O. Notwithstanding Owner’s approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all Legal Requirements (as defined in Section 6.01.) and with all applicable rules, orders, regulations and requirements of the New York Board of Fire Underwriters and the New York Fire Insurance Rating Organization or any similar body;
P. All Alterations shall be made and performed in accordance with the Building Rules and Building Rules for Alterations;
Q. All materials and equipment to be installed, incorporated or located in the Demised Premises as a result of all Alterations shall be new and first quality;
R. No materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement of any kind;
S. Tenant, before commencement of each Alteration costing in excess of $100,000.00 per project, shall furnish to Owner a performance bond or other security satisfactory to Owner, in an amount at least equal to the estimated cost of such Alteration, guaranteeing the performance and payment thereof;
T. No Alterations, which are not part of a similar typesingle Alteration project, material shall be commenced unless any preceding single Alteration project shall have been fully paid for and colorproof of such payment furnished to Owner;
U. All Alterations in or to the electrical facilities in or serving the Demised Premises shall be subject to the provisions of Subsection C(1) of Section 29.05 (relating to increases in the Fixed Rent);
V. Following the completion of each Alteration, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Alteration required by any Governmental Authority and shall furnish Owner with copies thereof; and
W. Tenant agrees that Tenant will not install, affix, add or paint in or on, nor permit, any work of visual art (as defined in the Federal Visual Artists’ Rights Act of 1990 or any successor law of similar import) or other Alteration to be installed in or on, or affixed, added to, or painted on, the interior or exterior of the Demised Premises, or any part thereof, including, but not limited to, the walls, floors, ceilings, doors, windows, fixtures and on land included as part of the Demised Premises, which work of visual art or other Alteration would, under the provisions of the Federal Visual Artists’ Rights Act of 1990, or any successor law of similar import, require the consent of the author or artist of such work or Alteration before the same could be removed, modified, destroyed or demolished.
X. No Owner consent (as set forth above) and no submission or review of plans referred to in Subsection I above shall be required for performance by Tenant of any Decoration, provided that such work is performed in compliance with the requirements of this Article (except for Subsection I above). Tenant shall, however, within a reasonable period of time prior to the commencement of the performance of the Decoration, provide Owner with reasonably detailed information setting forth the nature of the Decoration to be done, the anticipated scheduling of the same, the parties performing such work and any other information with respect to the performance of such Decoration which may be reasonably requested by Owner.
Appears in 1 contract
Samples: Lease Agreement (3PAR Inc.)
General Alteration Covenants. Tenant shall not make or ---------------------------- perform, or permit the making or performance of, any alterations, installations, decorations, improvements, additions or other physical changes in or about the Demised Premises (referred to collectively, as "Alterations" and individually as an ----------- "Alteration") without Owner's prior consent in each instance. Owner agrees not ---------- unreasonably to withhold its consent to any non-structural Alterations proposed to be made by Tenant to adapt the Demised Premises for Tenant's business purposes. Owner agrees that Tenant may, without Owner's prior written consent, make any merely decorative changes and other non-structural Alterations in the Demised Premises, the estimated cost of which constituting a single project shall not exceed FIFTY THOUSAND and 00/100 ($50,000.00) DOLLARS and which shall not affect the electrical, plumbing and heating, ventilation and air conditioning systems in the Builiding or any portion of the Building outside the Demised Premises. Notwithstanding the foregoing provisions of this Section or Owner's consent to any Alterations, all Alterations and decorations shall be made and performed in conformity with and subject to the following provisions:
A. All Alterations and decorations, shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Owner may, from time to time, reasonably designate;
B. No Alteration shall adversely affect the structural integrity of the Building;
C. Alterations and decorations shall be made only by contractors or mechanics approved by Owner, such approval not unreasonably to be withheld (notwithstanding the foregoing, all Alterations requiring mechanics in heating, ventilation ventilation, air conditioning, electrical, plumbing, sprinklers sprinkler and other mechanical trades with respect to which Owner has adopted or may hereafter adopt a list or lists of approved contractors shall be made only by contractors selected by Tenant from such list or lists provided there are at least three [(3] ) contractors on each such list and the prices charged by such contractors are competitive for similar work in the Borough of Manhattan in comparable first class office buildings);
D. No Alteration or decoration shall affect any part of the Building other than the Demised Premises or adversely affect any service required to be furnished by Owner to Tenant or to any other tenant or occupant of the Building (including, without limitation, the Building-wide standard systems required to provide elevator, heat, ventilation, air-conditioning and electrical and plumbing services in the Building);
E. No Alteration shall intentionally reduce the value or utility of the Building or any portion thereof as a First-Class buildingthereof;
F. No Alteration shall affect the Certificate of Occupancy for the Building or the Demised Premises;
G. No Alteration or decoration shall affect the outside appearance of the Building or the color or style of any venetian blinds (except that Tenant may remove any venetian blinds provided that they are promptly replaced by Tenant with blinds of a similar type, material and color);
H. All business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient, in Owner's judgment, to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building;
I. Tenant shall submit to Owner detailed plans and specifications stamped by Tenant's architect (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Owner's approval of such plans and specifications, such approval not unreasonably to be withheld or delayed, notwithstanding the foregoing, Tenant shall not be required to submit any detailed plans and specifications for any Alterations unless such plans and specifications are, in the ordinary course, prepared for such Alterations or are required to be prepared in connection with any filings or other applicable requirements of any law, order, rule or regulation of any Federal, State, County or Municipality, including but not limited to, the Department of Buildings of the City of New York, and in those cases where Tenant shall not be required to submit such detailed plans and specifications, Tenant shall submit to Owner, in lieu thereof, information with respect to such Alterations in reasonably sufficient detail so as to enable Owner to determine the nature and extent of the work to be performed, and following the completion of each Alteration, Tenant shall submit to Owner a computerized "as built" drawing file for the Demised Premises (or if the Demised Premises comprise more than one (1) floor, for each floor of the Demised Premises being altered) and in those cases where Tenant shall not be so required to submit such detailed plans and specifications, Tenant shall submit to Owner, in lieu thereof, information with respect to such Alterations in reasonably sufficient detail so as to enable Owner to determine the nature and extent of the work to be performed; such file will be in DXF format and contain, on a separate layer, all ceiling-height partitions and doors within the Demised Premises (or if the Demised Premises comprise more than one (1) floor, within each floor of the Demised Premises being altered);
J. Prior to the commencement of each proposed Alteration, Tenant shall have procured and paid for and exhibited to Owner, so far as the same may be required from time to time, all permits, approvals and authorizations of all Governmental Authorities (as defined in Section 6.01.) having or claiming jurisdiction;
K. Prior to the commencement of each proposed Alteration and decoration, Tenant shall furnish to Owner duplicate original policies of workmen's compensation insurance covering all persons to be employed in connection with such Alteration or decoration, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Owner, its agents, the holder of any Mortgage (as defined in Section 7.01.) and any lessor under any Superior Lease (as defined in Section 7.01.) shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Owner and shall be maintained by Tenant until the completion of such Alteration;
L. In the event Owner or its agents employ any independent architect or engineer to examine any plans or specifications submitted by Tenant to Owner in connection with any proposed Alteration, Tenant agrees to pay to Owner a sum equal to any reasonable out-of-pocket fees incurred by Owner in connection therewith.
M. All fireproof wood test reports, electrical and air conditioning certificates, and all other permits, approvals and certificates required by all Governmental Authorities shall be timely obtained by Tenant and submitted to Owner;
N. All Alterations and decorations, once commenced, shall be made promptly and in a good and workmanlike manner;
O. Notwithstanding Owner's approval of plans and specifications for any Alteration, all Alterations and decorations shall be made and performed in full compliance with all Legal Requirements (as defined in Section 6.01.) and with all applicable rules, orders, regulations and requirements of the New York Board of Fire Underwriters and the New York Fire Insurance Rating Organization or any similar body;
P. All Alterations and decorations shall be made and performed in accordance with the Building Rules and Building Rules for Alterations;
Q. All materials and equipment to be installed, incorporated or located in the Demised Premises as a result of all Alterations shall be new and first quality;
R. No materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement of any kind;
S. Tenant, before commencement of each Alteration, the estimated cost of which constituting a single project shall exceed ONE HUNDRED THOUSAND and 00/100 ($100,000.00) DOLLARS shall furnish to Owner a performance bond or other security satisfactory to Owner, in an amount at least equal to the estimated cost of such Alteration, guaranteeing the performance and payment thereof;
T. No Alteration shall be commenced unless any preceding Alteration shall have been fully paid for and proof of such payment furnished to Owner;
U. Following the completion of each Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration required by any Governmental Authority and shall furnish Owner with copies thereof.
V. Tenant agrees that Tenant will not install, affix, add or paint in or on, nor permit, any work of visual art (as defined in the Federal Visual Artists' Rights Act of 1990 or any successor law of similar import) or other Alteration to be installed in or on, or affixed, added to, or painted on, the interior or exterior of the Demised Premises, or any part thereof, including, but not limited to, the walls, floors, ceilings, doors, windows, fixtures and on land included as part of the Demised Premises, which work of visual art or other Alteration would, under the provisions of the Federal Visual Artists' Rights Act of 1990, or any successor law of similar import, require the consent of the author or artist of such work or Alteration before the same could be removed, modified, destroyed or demolished.
W. Under no circumstances shall Tenant be permitted to locate any telecommunications facilities in the telecommunications closets of the Building. With respect to Tenant's telecommunications facilities, (i) Tenant, without separate additional cost by Tenant payable to Owner, shall contract separately with all providers of Tenant's telecommunications facilities (each of which is referred to as a "Provider") and pay each Provider for all services provided by it to Tenant, and (ii) each Provider shall use, exclusively, the telecommunications cable distribution system in the Building designated by Owner and shall contract separately with the company providing cable distribution service in the Building (referred to as the "Telecommunications Cable Distribution Company") for the supply and maintenance of distribution cables. The Provider and Tenant shall comply with all reasonable rules and regulations adopted by Owner and the Telecommunications Cable Distribution Company. Owner shall not be liable to Tenant or anyone claiming through or under Tenant for any damages, including, but not limited to, special, incidental, remote or consequential damages, including, without limitation, lost revenue, lost profits and additional operating or personnel expenses arising from any acts, omissions or negligence of the Provider and the Telecommunications Cable Distribution Company.
Appears in 1 contract
General Alteration Covenants. Tenant shall not make or perform, or permit the making or performance of, any alterations, installations, decorations, improvements, additions or other physical changes in or about the Demised Premises (referred to collectively, as "Alterations" and individually as an "Alteration") without Owner's prior consent in each instance. Owner agrees not unreasonably to withhold its consent to any non-structural Alterations proposed to be made by Tenant to adapt the Demised Premises for Tenant's business purposes; however, Owner may arbitrarily withhold such consent if, in Owner's reasonable judgment, the estimated aggregate cost of any such Alterations constituting a single project exceeds the sum of Fifty Thousand ($50,000) Dollars. Owner agrees that Tenant may, without Owner's prior consent, make Alterations which are merely decorative or cosmetic changes or other non-structural Alterations in the Demised Premises, provided that the estimated cost of same constituting a single project shall not exceed the sum of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars and the same shall not affect the electrical, plumbing, heating, ventilation, air-conditioning or any other Building system or any portion of the Building outside of the Demised Premises (any such merely decorative or cosmetic Alteration meeting the aforesaid criteria is referred to as a "Decoration" and any such other non-structural Alteration meeting the aforesaid criteria is referred to as a "Qualified Non-Structural Alteration"). Although Owner's consent shall not be required with respect to whether Tenant may perform any Qualified Non-Structural Alteration, at least ten (10) days prior to the commencement of such work, Tenant shall submit to Owner detailed plans and specifications as required under Section I below to enable Owner to determine the nature and extent of such work and to allow Owner to review the manner in which any such proposed Qualified Non-Structural Alterations are to be performed. Notwithstanding the foregoing provisions of this Section or Owner's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions:
A. All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Owner may, from time to time, reasonably designate;
B. No Alteration shall adversely affect the structural integrity of the Building;
C. Alterations shall be made only by contractors or mechanics approved by Owner, such approval not unreasonably to be withheld (notwithstanding the foregoing, all Alterations requiring mechanics in heating, ventilation air conditioning, electrical, plumbing, sprinklers and other mechanical trades with respect to which Owner has adopted or may hereafter adopt a list or lists of approved contractors shall be made only by contractors selected by Tenant from such list or lists provided there are at least three [3] contractors on each such list and Owner shall have sole discretion with respect to the prices charged by such contractors are competitive for similar work in contractor performing connections to the Borough of Manhattan in comparable first class office buildingsBuilding Class E Fire Alarm and Communication System);
D. No Alteration shall affect any part of the Building other than the Demised Premises or adversely affect any service required to be furnished by Owner to Tenant or to any other tenant or occupant of the Building (including, without limitation, the Building-wide standard systems required to provide elevator, heat, ventilation, air-conditioning and electrical and plumbing services in the Building);
E. No Alteration shall intentionally reduce the value or utility of the Building or any portion thereof as a First-Class buildingthereof;
F. No Alteration shall affect the Certificate of Occupancy for the Building or the Demised Premises;
G. No Alteration shall affect the outside appearance of the Building or the color or style of any venetian blinds (except that Tenant may remove any venetian blinds provided that they are promptly replaced by Tenant with blinds of a similar type, material and color);
H. All business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient, in Owner's judgment, to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building;
I. Tenant shall submit to Owner detailed plans and specifications stamped by Tenant's architect (including layout, architectural, mechanical and structural drawings) for each proposed Alteration, subject to the terms and conditions of Subsection X of this Section 3.01 and shall not commence any such Alteration without first obtaining Owner's approval of such plans and specifications, which approval shall not be unreasonably withheld with respect to Alterations to which Owner's consent is not required or to which Owner has agreed hereunder to not unreasonably withhold consent. If detailed plans and specifications (i) would not, in accordance with good construction practice typically be prepared for such proposed Qualified Non-Structural Alteration, (ii) are not prepared by or on behalf of Tenant and (iii) are not required to be filed with any Governmental Authority in connection with obtaining permits required to perform the same, then in lieu of submitting detailed plans and specifications, and notwithstanding the terms and conditions of this Subsection I, Tenant shall submit detailed information (along with any existing more general plans or drawings) to enable Owner to determine the nature and extent of the work proposed to be performed. Following the completion of each Alteration, Tenant shall submit to Owner a computerized "as built" drawing file for the Demised Premises (or if the Demised Premises comprise more than one (1) floor, for each floor of the Demised Premises being altered); such file will be in Auto-Cad format and contain, on a separate layer, all ceiling-height partitions and doors within the Demised Premises (or if the Demised Premises comprise more than one (1) floor, within each floor of the Demised Premises being altered);
J. Prior to the commencement of each proposed Alteration, Tenant shall have procured and paid for and exhibited to Owner, so far as the same may be required from time to time, all permits, approvals and authorizations of all Governmental Authorities (as defined in Section 6.01.) having or claiming jurisdiction;
K. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Owner duplicate original policies of workmen's compensation insurance covering all persons to be employed in connection with such Alteration, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Owner, its agents, the holder of any Mortgage (as defined in Section 7.01.) and any lessor under any Superior Lease (as defined in Section 7.01.) shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Owner and shall be maintained by Tenant until the completion of such Alteration;
L. In the event Owner or its agents employ any independent architect or engineer to examine any plans or specifications submitted by Tenant to Owner in connection with any proposed Alteration, Tenant agrees to pay to Owner a sum equal to any reasonable fees incurred by Owner in connection therewith.
M. All fireproof wood test reports, electrical and air conditioning certificates, and all other permits, approvals and certificates required by all Governmental Authorities shall be timely obtained by Tenant and submitted to Owner;
N. All Alterations, once commenced, shall be made promptly and in a good and workmanlike manner;
O. Notwithstanding Owner's approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all Legal Requirements (as defined in Section 6.01.) and with all applicable rules, orders, regulations and requirements of the New York Board of Fire Underwriters and the New York Fire Insurance Rating Organization or any similar body;
P. All Alterations shall be made and performed in such manner as Owner may from time to time reasonably designate pursuant to the conditions for Alterations prescribed by Owner for the Demised Premises;
Q. All materials and equipment to be installed, incorporated or located in the Demised Premises as a result of all Alterations shall be new and first quality;
R. No materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement of any kind;
S. Tenant, before commencement of any Alteration(s) which constituting a single project shall exceed Twenty-Five Thousand and 00/100 ($25,000.00) Dollars, shall furnish to Owner a performance bond or other security satisfactory to Owner, in an amount at least equal to the estimated cost of such Alteration, guaranteeing the performance and payment thereof;
T. No Alteration shall be commenced unless any preceding Alteration shall have been fully paid for and proof of such payment furnished to Owner; U. Intentionally Deleted;
V. Following the completion of each Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration required by any Governmental Authority and shall furnish Owner with copies thereof;
W. Tenant agrees that Tenant will not install, affix, add or paint in or on, nor permit, any work of visual art (as defined in the Federal Visual Artists' Rights Act of 1990 or any successor law of similar import) or other Alteration to be installed in or on, or affixed, added to, or painted on, the interior or exterior of the Demised Premises, or any part thereof, including, but not limited to, the walls, floors, ceilings, doors, windows, fixtures and on land included as part of the Demised Premises, which work of visual art or other Alteration would, under the provisions of the Federal Visual Artists' Rights Act of 1990, or any successor law of similar import, require the consent of the author or artist of such work or Alteration before the same could be removed, modified, destroyed or demolished; and
X. No Owner consent (as set forth above) and no submission or review of plans referred to in Subsection I above shall be required for performance by Tenant of any Decoration, provided that such work is performed in compliance with the requirements of this Article (except for Subsection I above). Tenant shall, however, within a reasonable period of time prior to the commencement of the performance of the Decoration, provide Owner with reasonably detailed information setting forth the nature of the Decoration to be done, the anticipated scheduling of the same, the parties performing such work and any other information with respect to the performance of such Decoration which may be reasonably requested by Owner.
Appears in 1 contract
Samples: Lease Agreement (GTJ REIT, Inc.)
General Alteration Covenants. Tenant shall not make or perform, or permit the making or performance of, any alterations, installations, decorations, improvements, additions or other physical changes in or about the Demised Premises (referred to collectively, as "AlterationsALTERATIONS" and individually as an "AlterationALTERATION") without Owner's prior consent in each instance. Owner agrees not unreasonably to withhold its consent to any other non-structural Alterations that are proposed to be made by Tenant to adapt the Demised Premises for Tenant's business purposes. Owner agrees that Tenant may, without Owner's prior consent, make any merely decorative changes and other non-structural Alterations in the Demised Premises the estimated cost of which, constituting a single project, shall not exceed TWENTY THOUSAND and 00/100 ($20,000.00) DOLLARS and which shall not affect the electrical, plumbing, heating, ventilation and air conditioning systems in the Building or any portion of the Building outside the Demised Premises. Notwithstanding the foregoing provisions of this Section or Owner's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions:
A. All Alterations and decorations shall be made and performed at Tenant's sole cost and expense except for Tenant's Initial Installation to the extent of Owner's Work Contribution (defined in Article 38), and in all instances, including Tenant's Initial Installation at such time and in such manner as Owner may, from time to time, reasonably designate;
B. No Alteration shall adversely affect the structural integrity of the Building;
C. Alterations shall be made only by contractors or mechanics approved by Owner, such approval not unreasonably to be withheld (notwithstanding the foregoing, all Alterations requiring mechanics in heating, ventilation air conditioning, electrical, plumbing, sprinklers and other mechanical trades with respect to which Owner has adopted or may hereafter adopt a list or lists of approved contractors shall be made only by contractors selected by Tenant from such list or lists provided there are at least three [(3] ) contractors on each such list and the prices charged by such contractors are competitive for similar work in the Borough of Manhattan in comparable first class office buildings);
D. No Alteration or decoration shall affect any part of the Building other than the Demised Premises or adversely affect any service required to be furnished by Owner to Tenant or to any other tenant or occupant of the Building (including, without limitation, the Building-wide standard systems required to provide elevator, heat, ventilation, air-conditioning and electrical and plumbing services in the Building);
E. No Alteration shall intentionally reduce the value or utility of the Building or any portion thereof as a First-Class buildingthereof;
F. No Alteration shall affect the Certificate of Occupancy for the Building or the Demised Premises;
G. No Alteration or decoration shall affect the outside appearance of the Building or the color or style of any venetian blinds (except that Tenant may remove any venetian blinds provided that they are promptly replaced by Tenant with blinds of a similar type, material and color);
H. All business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient, in Owner's reasonable judgment, to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building;
I. Tenant shall submit to Owner detailed plans and specifications stamped by Tenant's architect (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Owner's approval of such plans and specifications and following the completion of each Alteration, Tenant shall submit to Owner a computerized "as built" drawing file for the Demised Premises (or if the Demised Premises comprise more than one (1) floor, for each floor of the Demised Premises being altered); such file will be in DXF format and contain, on a separate layer, all ceilingheight partitions and doors within the Demised Premises (or if the Demised Premises comprise more than one (1) floor, within each floor of the Demised Premises being altered) Owner shall respond to Tenant's request within twelve (12) business days after receipt of said plans and specifications. If Owner disapproves of Tenant's Alterations, Owner shall provide Tenant with a detailed reason for disapproving such Alterations or if Owner conditionally approves same, such Alterations shall be performed provided Tenant agrees to perform same as so conditioned;
J. Prior to the commencement of each proposed Alteration, Tenant shall have procured and paid for and exhibited to Owner, so far as the same may be required from time to time, all permits, approvals and authorizations of all Governmental Authorities (as defined in Section 6.01.) having or claiming jurisdiction;
K. Prior to the commencement of each proposed Alteration and decoration, Tenant shall furnish to Owner duplicate original policies of workmen's compensation insurance covering all persons to be employed in connection with such Alteration or decoration, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Owner, its agents, the holder of any Mortgage (as defined in Section 7.01.) and any lessor under any Superior Lease (as defined in Section 7.01.) shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Owner and shall be maintained by Tenant until the completion of such Alteration;
L. In the event Owner or its agents employ any independent architect or engineer to examine any plans or specifications submitted by Tenant to Owner in connection with any proposed Alteration, Tenant agrees to pay to Owner a sum equal to any reasonable fees incurred by Owner in connection therewith.
M. All fireproof wood test reports, electrical and air conditioning certificates, and all other permits, approvals and certificates required by all Governmental Authorities shall be timely obtained by Tenant and submitted to Owner;
N. All Alterations and decorations, once commenced, shall be made promptly and in a good and workmanlike manner;
O. Notwithstanding Owner's approval of plans and specifications for any Alteration, all Alterations and decorations shall be made and performed in full compliance with all Legal Requirements (as defined in Section 6.01.) and with all applicable rules, orders, regulations and requirements of the New York Board of Fire Underwriters and the New York Fire Insurance Rating Organization or any similar body;
P. All Alterations and decorations shall be made and performed in accordance with the Building Rules and Building Rules for Alterations;
Q. All materials and equipment to be installed, incorporated or located in the Demised Premises as a result of all Alterations shall be first quality;
R. No materials or equipment shall be subject to any lien, encumbrance, chat tel mortgage or title retention or security agreement of any kind;
S. Tenant, before commencement of each Alteration other than Tenant's Initial Installations, the estimated cost of which, constituting a single project, shall exceed TWO HUNDRED FIFTY THOUSAND and 00/100 ($250,000.00) DOLLARS other than Tenant's Initial Installation (defined in Article 38); shall furnish to Owner a performance bond or other security satisfactory to Owner, in an amount at least equal to the estimated cost of such Alteration, guaranteeing the performance and payment thereof.
T. Deleted; U. Deleted;
V. Following the completion of each Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration required by any Governmental Authority and shall furnish Owner with copies thereof.
W. Tenant agrees that Tenant will not install, affix, add or paint in or on, nor permit, any work of visual art (as defined in the Federal Visual Artists' Rights Act of 1990 or any successor law of similar import) or other Alteration to be installed in or on, or affixed, added to, or painted on, the interior or exterior of the Demised Premises, or any part thereof, including, but not limited to, the walls, floors, ceilings, doors, windows, fixtures and on land included as part of the Demised Premises, which work of visual art or other Alteration would, under the provisions of the Federal Visual Artists' Rights Act of 1990, or any successor law of similar import, require the consent of the author or artist of such work or Alteration before the same could be removed, modified, destroyed or demolished.
X. Owner represents that Owner has pre-approved Tenant's use of SMA Interiors as Tenant's general contractor and Xxxxxx Xxxxxx as Tenant's architect, provided same comply with the requirements of this Article 3.
Appears in 1 contract
Samples: Lease Agreement (Iturf Inc)
General Alteration Covenants. Tenant shall not make or perform, or permit the making or performance of, any alterations, installations, decorations, improvements, additions or other physical changes in or about the Demised Premises (referred to collectively, as "Alterations" and individually as an "Alteration") without Owner's prior consent in each instance. Owner agrees not unreasonably to withhold its consent to any non-structural Alterations proposed to be made at any time during the Demised Term by Tenant to adapt the Demised Premises for Tenant's business purposes. Notwithstanding the foregoing provisions of this Section or Owner's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions:
A. All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Owner may, from time to time, reasonably designate;
B. No Alteration shall adversely affect the structural integrity of the Building;
C. Alterations shall be made only by contractors or mechanics approved by Owner, such approval not unreasonably to be withheld (notwithstanding the foregoing, all Alterations requiring mechanics in heating, ventilation air conditioning, electrical, plumbing, sprinklers and other mechanical trades with respect to which Owner has adopted or may hereafter adopt a list or lists of approved contractors shall be made only by contractors selected by Tenant from such list or lists lists); provided there are shall be at least three [(3] ) contractors on each such list and the prices charged by the contractors on each such list shall be comparable to the generally prevailing prices then charged by contractors are competitive for similar work in the Borough of Manhattan in comparable first class office buildings);for similar work.
D. No Alteration shall be made to the partitioning separating the Demised Premises and the public corridors or the entrance doors of the Demised Premises; (Tenant shall have the right to make an Alteration to the entrance door to the Demised Premises provided that such Alteration shall be made in accordance with all of the provisions of this Lease, including, but not limited to, the provisions of this Article 3 and Article 6).
E. No Alteration shall affect any part of the Building other than the Demised Premises or adversely affect any service required to be furnished by Owner to Tenant or to any other tenant or occupant of the Building (including, without limitation, the Building-wide standard systems required to provide elevator, heat, ventilation, air-conditioning and electrical and plumbing services in the Building);
E. No Alteration shall intentionally reduce the value or utility of the Building or any portion thereof as a First-Class building;
F. No Alteration shall affect the Certificate of Occupancy for the Building or the Demised Premises;
G. No Alteration shall affect the outside appearance of the Building or the color or style of any venetian blinds (except that Tenant may remove any venetian blinds provided that they are promptly replaced by Tenant with blinds of a similar type, material and color);
Appears in 1 contract
General Alteration Covenants. Tenant shall not make or perform, or permit the making or performance of, any alterations, installations, decorations, improvements, additions or other physical changes in or about the Demised Premises (referred to collectively, as "Alterations" and individually as an "Alteration") without Owner's prior consent in each instance. Owner agrees not unreasonably to withhold or delay its consent to any non-structural Alterations proposed to be made by Tenant to adapt the Demised Premises for Tenant's business purposes. Owner agrees that Tenant may, without Owner's prior consent, make non-structural Alterations in the Demised Premises, provided that the estimated cost of same constituting a single project shall not exceed the sum of FIFTY THOUSAND and 00/100 ($50,000.00) DOLLARS and the same shall not affect the electrical, plumbing, heating, ventilation, air-conditioning or any other Building system or any portion of the Building outside of the Demised Premises (any such non-structural Alteration meeting the aforesaid criteria is referred to as a "Qualified Non-Structural Alteration"). Although Owner's consent shall not be required with respect to whether Tenant may perform any Qualified Non-Structural Alteration, at least ten (10) days prior to the commencement of such work, Tenant shall submit to Owner detailed plans and specifications as required under Section J below to enable Owner to determine the nature and extent of such work and to allow Owner to review the manner in which any such proposed Qualified Non-Structural Alterations are to be performed. Notwithstanding the foregoing provisions of this Section or Owner's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions:
A. All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Owner may, from time to time, reasonably designate;
B. No Alteration shall adversely affect the structural integrity of the Building;
C. Alterations shall be made only by contractors or mechanics approved by Owner, such approval not unreasonably to be withheld (notwithstanding the foregoing, all Alterations requiring mechanics in heating, ventilation air conditioning, electrical, plumbing, sprinklers and other mechanical trades with respect to which Owner has adopted or may hereafter adopt a list or lists of approved contractors shall be made only by contractors selected by Tenant from such list or lists provided there are at least three [3] contractors on each such list and Owner shall have sole discretion with respect to the prices charged by such contractors are competitive for similar work in contractor performing connections to the Borough of Manhattan in comparable first class office buildingsBuilding Class E Fire Alarm and Communication system);
D. In the event that the Demised Premises includes or is comprised of space constituting less than a full floor of the Building then no Alteration shall be made to the partitioning separating the Demised Premises and the public corridors or the entrance doors of the Demised Premises;
E. No Alteration shall affect any part of the Building other than the Demised Premises or adversely affect any service required to be furnished by Owner to Tenant or to any other tenant or occupant of the Building (including, without limitation, the Building-wide standard systems required to provide elevator, heat, ventilation, air-conditioning and electrical and plumbing services in the Building);
E. F. No Alteration shall intentionally reduce the value or utility of the Building or any portion thereof as a First-Class buildingthereof;
F. G. No Alteration shall affect the Certificate of Occupancy for the Building or the Demised Premises;
G. H. No Alteration shall affect the outside appearance of the Building or the color or style of any venetian blinds (except that Tenant may remove any venetian blinds provided that they are promptly replaced by Tenant with blinds of a similar type, material and color);
I. All business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient, in Owner's judgment, to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building;
J. Tenant shall submit to Owner detailed plans and specifications stamped by Tenant's architect (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Owner's approval of such plans and specifications, which approval shall not be unreasonably withheld or delayed with respect to Alterations to which Owner's consent is not required or to which Owner has agreed hereunder to not unreasonably withhold consent. If detailed plans and specifications (i) would not, in accordance with good construction practice typically be prepared for such proposed Qualified Non-Structural Alteration, (ii) are not prepared by or on behalf of Tenant and (iii) are not required to be filed with any Governmental Authority in connection with obtaining permits required to perform the same, then in lieu of submitting detailed plans and specifications, and notwithstanding the terms and conditions of this Subsection J, Tenant shall submit detailed information (along with any existing more general plans or drawings) to enable Owner to determine the nature and extent of the work proposed to be performed. Following the completion of each Alteration, Tenant shall submit to Owner a computerized "as built" drawing file for the Demised Premises (or if the Demised Premises comprise more than one (1) floor, for each floor of the Demised Premises being altered); such file will be in DXF format and contain, on a separate layer, all ceiling-height partitions and doors within the Demised Premises (or if the Demised Premises comprise more than one (1) floor, within each floor of the Demised Premises being altered); Owner shall respond to Tenant's request for approval of any plans and specifications or detailed information, as applicable, submitted by Tenant to Owner with respect to any Alterations within fifteen (15) business days of the submission, (or with respect to resubmissions within ten (10) business days) and if Owner shall withhold its approval, it shall notify Tenant of its reasons therefor.
K. Prior to the commencement of each proposed Alteration, Tenant shall have procured and paid for and exhibited to Owner, so far as the same may be required from time to time, all permits, approvals and authorizations of all Governmental Authorities (as defined in Section 6.01.) having or claiming jurisdiction;
L. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Owner duplicate original policies of workmen's compensation insurance covering all persons to be employed in connection with such Alteration, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Owner, its agents, the holder of any Mortgage (as defined in Section 7.01.) and any lessor under any Superior Lease (as defined in Section 7.01.) shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Owner and shall be maintained by Tenant until the completion of such Alteration;
M. In the event Owner or its agents employ any independent architect or engineer to examine any plans or specifications submitted by Tenant to Owner in connection with any proposed Alteration, Tenant agrees to pay to Owner a sum equal to any reasonable fees incurred by Owner in connection therewith.
N. All fireproof wood test reports, electrical and air conditioning certificates, and all other permits, approvals and certificates required by all Governmental Authorities shall be timely obtained by Tenant and submitted to Owner;
O. All Alterations, once commenced, shall be made promptly and in a good and workmanlike manner;
P. Notwithstanding Owner's approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all Legal Requirements (as defined in Section 6.01.) and with all applicable rules, orders, regulations and requirements of the New York Board of Fire Underwriters and the New York Fire Insurance Rating Organization or any similar body;
Q. All Alterations shall be made and performed in accordance with the Building Rules and Building Rules for Alterations;
R. All materials and equipment to be installed, incorporated or located in the Demised Premises as a result of all Alterations shall be new and first quality;
S. No materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement of any kind;
T. Tenant, before commencement of each Alteration, shall furnish to Owner a performance bond or other security satisfactory to Owner, in an amount at least equal to the estimated cost of such Alteration, guaranteeing the performance and payment thereof; U. No Alteration shall be commenced unless any preceding Alteration shall have been fully paid for and proof of such payment furnished to Owner;
Appears in 1 contract
Samples: Lease Agreement (Langer Inc)
General Alteration Covenants. Tenant shall not make or perform, or permit the making or performance of, any alterations, installations, decorations, improvements, additions or other physical changes in or about the Demised Premises (referred to collectively, as "Alterations" and individually as an "Alteration") without Owner's prior consent in each instance. Owner agrees not unreasonably to withhold its consent to any non-non- structural Alterations proposed to be made by Tenant to adapt the Demised Premises for Tenant's business purposes. Notwithstanding the foregoing provisions of this Section or Owner's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions:
A. All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Owner may, from time to time, reasonably designate;
B. No Alteration shall adversely affect the structural integrity of the Building;
C. Alterations shall be made only by contractors or mechanics approved by Owner, such approval not unreasonably to be withheld (notwithstanding the foregoing, all Alterations requiring mechanics in heating, ventilation air conditioning, electrical, plumbing, sprinklers and other mechanical trades with respect to which Owner has adopted or may hereafter adopt a list or lists of approved contractors shall be made only by contractors selected by Tenant from such list or lists provided there are at least three [3] contractors on each such list and Owner shall have sole discretion with respect to the prices charged by such contractors are competitive for similar work in contractor performing connections to the Borough of Manhattan in comparable first class office buildingsBuilding Class E Fire Alarm and Communication system);
D. No Alteration shall affect any part of the Building other than the Demised Premises or adversely affect any service required to be furnished by Owner to Tenant or to any other tenant or occupant of the Building (including, without limitation, the Building-wide standard systems required to provide elevator, heat, ventilation, air-conditioning and electrical and plumbing services in the Building);
E. No Alteration shall intentionally reduce the value or utility of the Building or any portion thereof as a First-Class buildingthereof;
F. No Alteration shall affect the Certificate of Occupancy for the Building or the Demised Premises;
G. No Alteration shall affect the outside appearance of the Building or the color or style of any venetian blinds (except that Tenant may remove any venetian blinds provided that they are promptly replaced by Tenant with blinds of a similar type, material and colorBuilding standard blinds);
H. All business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient, in Owner's judgment, to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building;
I. Tenant shall submit to Owner detailed plans and specifications stamped by Tenant's architect (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Owner's approval of such plans and specifications and following the completion of each Alteration, Tenant shall submit to Owner a computerized "as built" drawing file for the Demised Premises (or if the Demised Premises comprise more than one (1) floor, for each floor of the Demised Premises being altered); such file will be in DXF format and contain, on a separate layer, all ceiling-height partitions and doors within the Demised Premises (or if the Demised Premises comprise more than one (1) floor, within each floor of the Demised Premises being altered);
J. Prior to the commencement of each proposed Alteration, Tenant shall have procured and paid for and exhibited to Owner, so far as the same may be required from time to time, all permits, approvals and authorizations of all Governmental Authorities (as defined in Section 6.01.) having or claiming jurisdiction;
K. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Owner duplicate original policies of workmen's compensation insurance covering all persons to be employed in connection with such Alteration, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Owner, its agents, the holder of any Mortgage (as defined in Section 7.01.) and any lessor under any Superior Lease (as defined in Section 7.01.) shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Owner and shall be maintained by Tenant until the completion of such Alteration;
L. In the event Owner or its agents employ any independent architect or engineer to examine any plans or specifications submitted by Tenant to Owner in connection with any proposed Alteration, Tenant agrees to pay to Owner a sum equal to any reasonable fees incurred by Owner in connection therewith;
M. All fireproof wood test reports, electrical and air conditioning certificates, and all other permits, approvals and certificates required by all Governmental Authorities shall be timely obtained by Tenant and submitted to Owner;
N. All Alterations, once commenced, shall be made promptly and in a good and workmanlike manner;
O. Notwithstanding Owner's approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all Legal Requirements (as defined in Section 6.01.) and with all applicable rules, orders, regulations and requirements of the New York Board of Fire Underwriters and the New York Fire Insurance Rating Organization or any similar body;
P. All Alterations shall be made and performed in accordance with the Building Rules and Building Rules for Alterations;
Q. All materials and equipment to be installed, incorporated or located in the Demised Premises as a result of all Alterations shall be new and first quality;
R. No materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement of any kind;
S. Tenant, before commencement of each Alteration, shall furnish to Owner a performance bond or other security satisfactory to Owner, in an amount at least equal to the estimated cost of such Alteration, guaranteeing the performance and payment thereof. The provisions of this Subsection S shall not apply to Tenant's Initial Installation or to the performance by Tenant of any Alterations constituting a single project and estimated to cost no more than SEVENTY-FIVE THOUSAND and 00/100 ($75,000.00) DOLLARS;
T. No Alteration shall be commenced unless any preceding Alteration shall have been fully paid for and proof of such payment furnished to Owner;
U. All Alterations in or to the electrical facilities in or serving the Demised Premises shall be subject to the provisions of Subsection C(1) of Section 29.05 (relating to increases in the Fixed Rent);
V. Following the completion of each Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration required by any Governmental Authority and shall furnish Owner with copies thereof; and
W. Tenant agrees that Tenant will not install, affix, add or paint in or on, nor permit, any work of visual art (as defined in the Federal Visual Artists" Rights Act of 1990 or any successor law of similar import) or other Alteration to be installed in or on, or affixed, added to, or painted on, the interior or exterior of the Demised Premises, or any part thereof, including, but not limited to, the walls, floors, ceilings, doors, windows, fixtures and on land included as part of the Demised Premises, which work of visual art or other Alteration would, under the provisions of the Federal Visual Artists" Rights Act of 1990, or any successor law of similar import, require the consent of the author or artist of such work or Alteration before the same could be removed, modified, destroyed or demolished.
Appears in 1 contract
Samples: Lease Agreement (Bion Environmental Technologies Inc)
