Improvements; Tenant's Property. Section 10.01 Upon and subject to the terms of this Article, Tenant, at any time and from time to time during the Term, at its sole cost and expense, may make Improvements in and to the Premises, excluding structural changes, provided: (a) The Improvements will not result in a violation of or require a change in any certificate of occupancy applicable to the Premises or to the Building; (b) The outside appearance, usefulness or rentability of the Building or any part thereof shall not be affected in any way; (c) No part of the Building outside of the Premises shall be physically affected; (d) The proper or economical functioning of the Building Equipment shall not be adversely affected; (e) In performing the work involved in making such Improvements, Tenant shall be bound by and observe all of the terms of this Article; (f) Tenant shall not use the elevators during business hours on business days for haulage or removal of materials or debris; (g) Before proceeding with any Improvements, Tenant shall submit to Landlord plans and specifications and all changes and revisions thereto, for the work to be done for Landlord's approval and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable professional fees incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change; (h) Tenant shall not be permitted to install and make part of the Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts, chattel mortgages or security interests (as such term is defined in the Uniform Commercial Code as in effect in New York at the time of the making of the Improvement); (i) No Improvements estimated to cost more than $50,000 (as estimated by Landlord's architect or licensed professional engineer or general contractor) shall be undertaken (i) except under the supervision of a licensed architect or licensed professional engineer reasonably satisfactory to Landlord, (ii) except after at least 30 days' prior notice to Landlord and (iii) prior to Tenant delivering to Landlord either (y) a performance bond and a labor and materials payment bond (issued by a surety company satisfactory to Landlord and licensed to do business in New York State) or (z) such other security as shall be satisfactory to Landlord; (j) The sprinkler system design is not thereby modified, altered or changed; (k) Tenant shall not (i) attach or affix any screws or fasteners to the exterior curtainwall of the Building or (ii) install, without the written consent of Landlord, any materials that will come in contact with the exterior curtainwall of the Building; and (l) Upon termination of this Lease, Tenant shall, on Landlord's request, restore the Premises to their condition prior to the making of any Improvements by Tenant, reasonable wear and tear and damage insured by casualty excepted. Section 10.02 All Improvements shall at all times comply with all Legal Requirements and Insurance Requirements and all Rules and Regulations (including any Landlord may adopt with respect to the making of Improvements) and shall be made at such times and in such manner as Landlord may from time to time reasonably designate. Tenant, at its expense, shall (a) obtain all necessary municipal and other governmental permits, authorizations, approvals and certificates for the commencement and prosecution of such improvements and for final approval thereof upon completion, (b) deliver copies thereof to Landlord and (c) cause all Improvements to be performed in a good and first-class workmanlike manner, using materials and equipment at least equal in quality to the original installations of the Building or the then standards for the Building established by Landlord. Improvements shall be promptly commenced and completed and shall be performed in such manner so as not to interfere with the occupancy of any other tenant nor delay or impose any additional expense upon Landlord in the construction, maintenance, cleaning, repair, safety, management, security or operation of the Building or the Building Equipment; and if any such additional expense shall be incurred by Landlord as a result of Tenant's performance of any Improvements, Tenant shall pay such additional expense as Additional Rent upon demand. Tenant shall furnish Landlord with satisfactory evidence that the insurance required during the performance of the Improvements pursuant to Article 8 is in effect at or before the commencement of the Improvements and, on request, at reasonable intervals thereafter. No Improvements shall involve the removal of any fixtures, equipment or other property in the Premises which are not Tenant's Property without Landlord's prior consent and unless they shall be promptly replaced, at Tenant's expense and free of superior title, liens, security interests and claims, with fixtures, equipment or other property, as the case may be, of like utility and at least equal value, unless Landlord shall otherwise consent. In addition to the foregoing, all Improvements shall be performed in compliance with all applicable provisions of this Lease, all building regulations and with all applicable laws, ordinances, directions, rules and regulations of governmental authorities having jurisdiction, including, without limitation, the Americans with Disabilities Act of 1990, as amended, New York City Local Law No. 5/73 and New York City Local Law No. 58/87 and similar present or future laws, and regulations issued pursuant thereto, and also New York City Local Law No. 76 and similar present or future laws, and regulations issued pursuant thereto, on abatement, storage, transportation and disposal of asbestos, which work, if required, shall be effected at Tenant's sole cost and expense, by contractors and consultants approved by Landlord and in strict compliance with the aforesaid rules and regulations and with Landlord's rules and regulations thereon. Within thirty (30) days after final completion of any Improvement, Tenant shall deliver to the Landlord final record drawings of the Improvement including, as may be pertinent to the work performed, a reflected ceiling plan, mechanical and electrical drawings, partition plan and any other drawings which may be required to indicate accurately the layout and systems of the Premises. Tenant shall require its architect to load and maintain such record plans on a CADD system. Section 10.03 Tenant, at its expense, shall promptly procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Improvements which shall be issued by any public authority having or asserting jurisdiction. Section 10.04 Tenant shall promptly pay the cost of all Improvements. Tenant hereby indemnifies Landlord against liability for any and all mechanic's and other liens filed in connection with any Improvements or repairs. Tenant, at its expense, shall procure the discharge of all such liens within 10 days after the filing of any such lien against the Premises or the Real Property. If Tenant shall fail to cause any such lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by deposit or bonding proceedings, and in any such event Landlord shall be entitled, if it elects, to compel the prosecution of an action for the foreclosure of such lien and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord, and all costs and expenses incurred by Landlord in connection therewith, shall constitute Additional Rent and shall be paid by Tenant to Landlord on demand.
Appears in 1 contract
Samples: Lease Agreement (Vringo Inc)
Improvements; Tenant's Property. Section 10.01 Upon and subject 10.01. Subject to the terms of this Article, so long as Tenant is not in default under this Lease, beyond all applicable notice and cure periods, Tenant, at any time and from time to time during the Term, at its sole cost and expense, may make Improvements in and to the Premises, other than the Finish Work which Tenant may make pursuant to the Work Letter, (excluding structural changeschanges which shall be performed only under the supervision of a structural engineer), provided:
(a) The Tenant's Improvements will not result in a violation of or require a change in any certificate of occupancy applicable to the Premises or to the BuildingPremises;
(b) The character or outside appearanceappearance of the Building, usefulness appearance of any atrium, color or style of venetian blinds, or rentability of the Building or any part thereof shall not be affected in any way, and Tenant's Improvements shall not, in the reasonable opinion of Landlord, materially weaken or impair (temporarily or permanently) the structure of the Premises or the Building upon the completion of the Improvement;
(c) No part of the Building outside of the Premises shall be materially adversely physically affected;
(d) The proper or economical functioning of the Building Equipment and/or Building lobby, in the reasonable opinion of Landlord, shall not be materially adversely affected;
(e) In performing the work involved in making such Improvements, Tenant shall be bound by and observe all of the terms of this Article;
(f) Tenant shall not remove from the Premises during business hours on business days any materials or debris;
(g) so long as Landlord shall provide a freight elevator, Tenant shall not use the passenger elevators during business hours on business days for haulage or removal of materials or debrismake loud noise during business hours in or about the Premises;
(gh) Before Notwithstanding the above, before proceeding with any ImprovementsImprovement (except any Improvement which will cost less than $100,000, does not involve a structural change and will not affect any Building Systems and any changes which do not constitute Improvements which shall not require Landlord's consent), Tenant shall submit to Landlord three copies of detailed plans and specifications and all changes and revisions theretotherefor, for the work to be done for Landlord's approval consent which shall not be unreasonably withheld, delayed or conditioned. Tenant shall 20 days after demand reimburse Landlord for all reasonable out of pocket expenses incurred by Landlord in connection with (i) its decision as to whether to approve the proposed Improvements and Tenant shall(ii) inspecting the Improvements to determine whether the same are being or have been performed in accordance with the approved plans and specifications therefor and with all Legal Requirements and Insurance Requirements, upon demand including the reasonable fees and expenses of any attorney, architect and/or engineer employed for such purpose. Any Improvements for which consent has been received shall be performed in accordance with the approved plans and specifications therefor, and no changes thereto shall be made without the prior consent of Landlord, pay to Landlord the reasonable professional fees incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond which shall not be unreasonably withheld or other security reasonably satisfactory to Landlord to insure the completion of such changedelayed;
(hi) Tenant shall not be permitted to install and make part of the Premises any materials, fixtures (other than trade fixtures) or articles which are subject to liens, conditional sales contracts, chattel mortgages or security interests (as such term is defined in the Uniform Commercial Code as then in effect in New York at the time of the making of the ImprovementYork);; and
(ij) No Improvements estimated to cost more than $50,000 (as estimated by Landlord's architect or licensed professional engineer or general contractor) shall be undertaken (i) except under the supervision of a licensed architect or licensed professional engineer reasonably satisfactory to Landlord, (ii) except after at least 30 15 days' prior notice to Landlord Landlord. Improvements less than $50,000 shall require Tenant to deliver copies of detailed plans and (iii) specifications prior to Tenant delivering to Landlord either (y) a performance bond and a labor and materials payment bond (issued by a surety company satisfactory to Landlord and licensed to do business in New York State) or (z) such other security as shall be satisfactory to Landlord;
(j) The sprinkler system design is not thereby modified, altered or changed;
(k) Tenant shall not (i) attach or affix any screws or fasteners to the exterior curtainwall of the Building or (ii) install, without the written consent of Landlord, any materials that will come in contact with the exterior curtainwall of the Building; and
(l) Upon termination of this Lease, Tenant shall, on Landlord's request, restore the Premises to their condition prior to the making commencement of any Improvements by Tenant, reasonable wear and tear and damage insured by casualty exceptedwork.
Section 10.02 10.02. All Improvements shall at all times comply with all Legal Requirements and Insurance Requirements and all Rules and Regulations (including any Landlord may adopt with respect to the making of Improvements) and shall be made at such times and in such manner as Landlord may reasonably from time to time reasonably designatedirect. Tenant, at its expense, shall (a) obtain all necessary municipal and other governmental permits, authorizations, approvals and certificates for the commencement and prosecution of such improvements Improvements and for final approval thereof therein upon completion, (b) deliver three copies thereof to Landlord and (c) cause all Improvements to be performed in a good and first-class workmanlike manner, using new materials and equipment at least equal (except that Tenant shall have the right to use the existing glass and doors in quality to the original installations of Premises on the Building or the then standards for the Building established by Landlorddate hereof). Improvements shall be promptly commenced and completed and shall be performed in such manner so as not to unreasonably interfere with the occupancy of any other tenant nor unreasonably delay Landlord or impose any additional expense upon Landlord in the construction, maintenance, cleaning, repair, safety, management, or security or operation of the Building (or the Building Building's Equipment; and if ). If any such additional expense shall be is incurred by Landlord as a result of Tenant's performance of any ImprovementsLandlord, Tenant shall pay such reasonable additional expense as Additional Rent upon 20 days after demand. Throughout the performance of Improvements, Tenant, at its sole cost and expense, shall carry, or cause to be carried, workmen's compensation insurance covering all persons employed in connection with the Improvements in statutory limits and general liability insurance (with completed operations endorsement) for any occurrence in or about the Real Property in which Landlord, Landlord's agents, the Paramount Lessor and the Paramount Mortgagee shall be named as parties insured, in the amount as set forth in Section 8.04. Tenant shall furnish Landlord with an insurance company rated at least A by Best or a successor agency, satisfactory evidence that the such insurance required during the performance of the Improvements pursuant to Article 8 is in effect at or before the commencement of the its Improvements and, on request, at reasonable intervals thereafter. No Improvements Upon completion of the Improvements, Tenant shall involve deliver a complete set of "As Built" drawings and plans to Landlord. During the removal term of any fixturesthe Lease, equipment or other property in Tenant shall have the Premises which are not Tenant's Property without Landlord's prior consent right to remove the internal staircase between the 28th and unless they 29th floors, provided, that Tenant shall be promptly replaced, at Tenant's expense and free of superior titleoption, liens, security interests and claims, with fixtures, equipment or other property, as the case may be, of like utility and at least equal value, unless Landlord shall otherwise consent. In addition either (a) prior to the foregoing, all Improvements shall be performed in compliance with all applicable provisions Expiration Date deliver to Landlord a certified or official bank check drawn on a bank which is a member of this Lease, all building regulations and with all applicable laws, ordinances, directions, rules and regulations of governmental authorities having jurisdiction, including, without limitation, the Americans with Disabilities Act of 1990, as amended, New York City Local Law No. 5/73 Clearing House Association in the amount of the cost to re-install said staircase as determined by Landlord based on bids obtained from unrelated third party contractors or (b) re-install said internal staircase in a good and New York City Local Law No. 58/87 and similar present or future laws, and regulations issued pursuant thereto, and also New York City Local Law No. 76 and similar present or future laws, and regulations issued pursuant thereto, on abatement, storage, transportation and disposal of asbestos, which work, if required, shall be effected workmanlike manner at Tenant's sole cost and expense, by contractors expense in which event Tenant shall order any required steel and consultants approved by Landlord other construction materials at least six (6) months prior to the Expiration Date and in strict compliance with shall complete said installation (including any clean-up work) on or before the aforesaid rules and regulations and with Landlord's rules and regulations thereon. Within thirty date which is sixty (3060) days after final completion of any Improvement, Tenant shall deliver to the Landlord final record drawings Expiration Date (with time of the Improvement including, as may be pertinent to the work performed, a reflected ceiling plan, mechanical and electrical drawings, partition plan and any other drawings which may be required to indicate accurately the layout and systems of the Premises. Tenant shall require its architect to load and maintain such record plans on a CADD systemessence).
Section 10.03 10.03. Tenant, at its expense, shall promptly small procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Improvements which shall be issued by any public authority having or asserting jurisdiction.
Section 10.04 Tenant shall promptly pay the cost of all Improvements10.04. Tenant hereby indemnifies Landlord against liability for any and all mechanic's mechanics' and other liens filed in connection with any Improvements or repairsrepairs including the liens of any chattel mortgages, security agreements or financing statements upon any materials or fixtures other than trade fixtures installed in and constituting part of the Premises. Tenant, at its expense, shall procure the discharge of all such liens within 10 20 days after the notice of filing of any such lien against the Premises Real Property or the Real Propertyany part thereof. If Tenant shall fail to cause any such lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord maymay if Tenant has failed within the 20 day period, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by deposit or bonding proceedings, and in any such event Landlord shall be entitled, if it elects, to compel the prosecution of an action for the foreclosure of such lien and to pay the amount of the judgment in favor of the lienor lien or with interest, costs and allowances. Any amount so paid by Landlord, and all costs and expenses incurred by Landlord in connection therewith, shall constitute Additional Rent and shall be paid 20 days after demand.
Section 10.05. Only Landlord or persons first approved by Landlord shall be permitted to act as contractor or HVAC, electric, mechanical or plumbing contractors for any work to be performed in accordance with this Article or with Exhibit C. Landlord hereby approves the contractors set forth in Exhibit H attached hereto for any work to be performed in accordance with this Article for a period of one (1) year from the date hereof. Thereafter, Tenant shall have the right to revise and update such list and submit same to Landlord from time to time for Landlord's approval, which shall not be unreasonably withheld or delayed. Each approved contractor shall be deemed so approved for one (1) year from the date of approval. Any other contractor which shall perform any work pursuant to this Article and which is not set forth in said list shall be subject to Landlord's approval, which approval will be given or withheld within ten (10) business days from the date that Landlord receives Tenant's written request and if Landlord disapproves of any such contractor for any trade, Landlord shall together with such disapproval advise Tenant of three (3) acceptable contractors for such trade. Landlord reserves the right to exclude from the Building any person attempting to act as construction contractor in violation of this Article. In the event Tenant shall employ any contractor permitted by this Section, such contractor or any subcontractor may use the Building Equipment subject to the provisions of this Lease and the Rules and Regulations governing construction, Tenant will advise Landlord of the names of any such contractor or subcontractor Tenant proposes to use in the Premises at least 15 days prior to the beginning of work by such contractor or subcontractor.
Section 10.06. Tenant agrees that it will not at any time prior to or during the Term, either directly or indirectly, employ or permit the employment of any contractor, mechanic or laborer, or permit any materials in the Premises, if the use of such contractor, mechanic or laborer or such materials would create any difficulty, strike or jurisdictional dispute with other contractors, mechanics or laborers engaged by Tenant or Landlord or others, or would in any way disturb the construction, maintenance, cleaning, repair, management, security or operation of the Building or any part thereof. In the event of any interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers, or all materials causing such interference, difficulty or conflict, to leave or be removed from the Building immediately.
Section 10.07. All fixtures, equipment, Improvements and appurtenances attached to, or built into, the Premises at the commencement of or during the Term (collectively "Fixtures"), whether or not at the expense of Tenant, other than Tenant's trade fixtures shall be and remain a part of the Premises and shall be deemed the property of Landlord as of the date such Fixtures are completed, or as of the date such Fixtures are attached to or built into the Premises, and shall not be removed by Tenant, except as expressly provided in this Lease. The Fixtures shall include all electrical, plumbing, heating and sprinkling equipment, security systems fixtures, outlets, switches, public address and/or paging system, venetian blinds, partitions, railings, gates, doors, vaults (including vault doors), paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum, wall-to-wall carpeting, acoustical tiles, special ceilings, composition floors, ventilating, silencing, air conditioning and cooling equipment, and all fixtures, equipment, improvements and appurtenances of a similar nature or purpose.
Section 10.08. No approval of plans or specifications by Landlord, or consent by Landlord allowing Tenant to make Improvements in the Premises, or any inspection of improvements made by or for Landlord shall in any way be deemed to be an agreement by Landlord that the contemplated Improvements comply with any Legal Requirements or Insurance Requirements or the certificate of occupancy for the Building nor shall it deemed to be a waiver by Landlord of the compliance my Tenant with any provision of this Lease. Notice is hereby given that neither Landlord, Landlord's agents, the Paramount Lessor nor the Paramount Mortgagee shall be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for such labor or materials shall attach to or affect any estate or interest of the Landlord, the Paramount Lessor or the Paramount Mortgagee in and to the Real Property.
Section 10.09. During the Term, Tenant shall keep full and complete records describing its Improvements costing in excess of twenty five thousand dollars ($25,000) and of the aggregate cost thereof (including architect's and engineer's fees and expenses). Tenant shall, within thirty (30) days after demand by Landlord, furnish to Landlord full and complete copies of such records.
Section 10.10. Notwithstanding the foregoing, (a) the approval of the existing Paramount Mortgagee shall not be required for any Improvements made for Tenant's initial occupancy of the Premises or the additional period on demandthe 19th floor pursuant to the terms of the Work Letter and (b) the approval of any Paramount Mortgagee shall not be required for any other Improvement after said preparation of the Premises for Tenant's initial occupancy unless any of such Improvements in the aggregate exceed two hundred fifty thousand dollars ($250,000).
Appears in 1 contract
Samples: Lease (Instinet Group LLC)
Improvements; Tenant's Property. Section 10.01 Upon and subject to the terms of this Article, Tenant, at any time and from time to time during the Term, at its sole cost and expense, may make Improvements in and to the Premises, excluding structural changes, provided:
(a) The Improvements will not result in a violation of or require a change in any certificate of occupancy applicable to the Premises or to the Building;
(b) The outside appearance, usefulness or rentability of the Building or any part thereof shall not be affected in any way;
(c) No part of the Building outside of the Premises shall be physically affected;
(d) The proper or economical functioning of the Building Equipment shall not be adversely affected;
(e) In performing the work involved in making such Improvements, Tenant shall be bound by and observe all of the terms of this Article;
(f) Tenant shall not use the elevators during business hours on business days for haulage or removal of materials or debris;
(g) Before proceeding with any Improvements, Tenant shall submit to Landlord plans and specifications and all changes and revisions thereto, for the work to be done for Landlord's ’s approval and Tenant shall, upon demand of Landlord, pay to Landlord the reasonable professional fees costs incurred by Landlord for the review of such plans and specifications and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a condition of its approval require Tenant to make revisions in and to the plans and specifications and to post a bond or other security reasonably satisfactory to Landlord to insure the completion of such change;
(h) Tenant shall not be permitted to install and make part of the Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts, chattel mortgages or security interests (as such term is defined in the Uniform Commercial Code as in effect in New York at the time of the making of the Improvement);
(i) No Improvements estimated to cost more than $50,000 10,000 (as estimated by Landlord's ’s architect or licensed professional engineer or general contractor) shall be undertaken (i) except under the supervision of a licensed architect or licensed professional engineer reasonably satisfactory to Landlord, (ii) except after at least 30 days' ’ prior notice to Landlord and (iii) prior to Tenant delivering to Landlord either (y) a performance bond and a labor and materials payment bond (issued by a surety company satisfactory to Landlord and licensed to do business in New York State) or (z) such other security as shall be satisfactory to Landlord;
(j) The sprinkler system design is not thereby modified, altered or changed;
(k) Tenant shall not (i) attach or affix any screws or fasteners to the exterior curtainwall of the Building or (ii) install, without the written consent of Landlord, any materials that will come in contact with the exterior curtainwall of the Building; and
(l) Upon termination of this Lease, Tenant shall, on Landlord's ’s request, restore the Premises to their condition prior to the making of any Improvements by Tenant, reasonable wear and tear and damage insured by casualty excepted.
Section 10.02 All Improvements shall at all times comply with all Legal Requirements and Insurance Requirements and all Rules and Regulations (including any Landlord may adopt with respect to the making of Improvements) and shall be made at such times and in such manner as Landlord may from time to time reasonably designate. Tenant, at its expense, shall (a) obtain all necessary municipal and other governmental permits, authorizations, approvals and certificates for the commencement and prosecution of such improvements and for final approval thereof upon completion, (b) deliver copies thereof to Landlord and (c) cause all Improvements to be performed in a good and first-class workmanlike manner, using new materials and equipment at least equal in quality to the original installations of the Building or the then standards for the Building established by Landlord. Improvements shall be promptly commenced and completed and shall be performed in such manner so as not to interfere with the occupancy of any other tenant nor delay or impose any additional expense upon Landlord in the construction, maintenance, cleaning, repair, safety, management, security or operation of the Building or the Building Equipment; and if any such additional expense shall be incurred by Landlord as a result of Tenant's ’s performance of any Improvements, Tenant shall pay such additional expense as Additional Rent upon demand. In addition to the foregoing sentence, with respect to each Improvement estimated to cost more than $10,000 , Tenant shall pay to Landlord, as Additional Rent, upon demand, 10% of the cost of such Improvement for indirect job costs, supervision and coordination of the work performed in connection with such Improvement. Tenant shall furnish Landlord with satisfactory evidence that the insurance required during the performance of the Improvements pursuant to Article 8 is in effect at or before the commencement of the Improvements and, on request, at reasonable intervals thereafter. No Improvements shall involve the removal of any fixtures, equipment or other property in the Premises which are not Tenant's ’s Property without Landlord's ’s prior consent and unless they shall be promptly replaced, at Tenant's ’s expense and free of superior title, liens, security interests and claims, with fixtures, equipment or other property, as the case may be, of like utility and at least equal value, unless Landlord shall otherwise consent. In addition to the foregoing, all Improvements shall be performed in compliance with all applicable provisions of this Lease, all building regulations and with all applicable laws, ordinances, directions, rules and regulations of governmental authorities having jurisdiction, including, without limitation, the Americans with Disabilities Act of 1990, as amended, New York City Local Law No. 5/73 and New York City Local Law No. 58/87 and similar present or future laws, and regulations issued pursuant thereto, and also New York City Local Law No. 76 and similar present or future laws, and regulations issued pursuant thereto, on abatement, storage, transportation and disposal of asbestos, which work, if required, shall be effected at Tenant's ’s sole cost and expense, by contractors and consultants approved by Landlord and in strict compliance with the aforesaid rules and regulations and with Landlord's ’s rules and regulations thereon. Within thirty (30) days after final completion of any Improvement, Tenant shall deliver to the Landlord final record drawings of the Improvement including, as may be pertinent to the work performed, a reflected ceiling plan, mechanical and electrical drawings, partition plan and any other drawings which may be required to indicate accurately the layout and systems of the Premises. Tenant shall require its architect to load and maintain such record plans on a CADD system.
Section 10.03 Tenant, at its expense, shall promptly procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Improvements which shall be issued by any public authority having or asserting jurisdiction.
Section 10.04 Tenant shall promptly pay the cost of all Improvements. Tenant hereby indemnifies Landlord against liability for any and all mechanic's ’s and other liens filed in connection with any Improvements or repairs. Tenant, at its expense, shall procure the discharge of all such liens within 10 days after the filing of any such lien against the Premises or the Real Property. If Tenant shall fail to cause any such lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by deposit or bonding proceedings, and in any such event Landlord shall be entitled, if it elects, to compel the prosecution of an action for the foreclosure of such lien and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord, and all costs and expenses incurred by Landlord in connection therewith, shall constitute Additional Rent and shall be paid by Tenant to Landlord on demand.
Section 10.05 Only Landlord or any one or more persons approved or designated by Landlord (Landlord (or such person) being referred to in this Section as “Designated Contractor”) shall be permitted to act as contractor for any work to be performed in accordance with this Article. Landlord expressly reserves the right to act as, or to designate, at any time and from time to time, an exclusive construction contractor and Landlord furthermore expressly reserves the right to exclude from the Building any person attempting to act as construction contractor in violation hereof. In the event Tenant proposes to use any contractor or subcontractor other than the Designated Contractor for the performance of any Improvement, Tenant shall submit to Landlord, together with the plans and specifications, the name of such contractor or subcontractor. If Landlord shall not consent to Tenant’s engaging such contractor or subcontractor for the performance of such Improvement, the Designated Contractor shall submit to Tenant a bid for the work to be performed in connection with such Improvement. If within 10 days after receipt of any such bid, Tenant contests the reasonableness thereof, Landlord and Tenant shall each obtain, within 10 days after receipt by Landlord of Tenant’s notice contesting the original bid, one bona fide bid for such work from competent independent contractors. The average of the two bids thus obtained shall be the standard of comparison in determining the reasonableness of the Designated Contractor’s bid. If the Designated Contractor is unwilling to accept the average of such bids as full payment for its services, Landlord may substitute another contractor who submitted a bid and will accept such average as full payment. If Landlord fails to make such substitution within 10 days after the ascertainment of the average of such bids, Tenant shall be free to make its own arrangement for such work, subject, however to the other provisions of this Article 10, for a price not to exceed the average of the two bids received by both Landlord and Tenant.
Section 10.06 Tenant agrees that it will not at any time prior to or during the Term, either directly or indirectly, employ or permit the employment of any contractor, mechanic or laborer, or permit any materials in the Premises, if the use of such contractor, mechanic or laborer or such materials would, in Landlord’s opinion, create any difficulty, strike or jurisdictional dispute with other contractors, mechanics or laborers engaged by Tenant or Landlord or others, or would in any way disturb the construction, maintenance, cleaning, repair, management, security or operation of the Building or any part thereof. In the event of any interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers, or all materials causing such interference, difficulty or conflict, to leave or be removed from the Building immediately.
Section 10.07 All fixtures, equipment, improvements and appurtenances attached to, or built into, the Premises at the commencement of or during the Term (collectively “Fixtures”), whether or not at the expense of Tenant, shall be surrendered to Landlord upon the termination of this Lease except as otherwise expressly provided in this Lease; provided, however, that any Fixtures attached to, or built into, the Premises at the expense of Tenant shall be and remain the property of Tenant during the Term and any Fixtures attached to, or built into, the Premises at the expense of Landlord shall be and remain the property of Landlord during the Term. The Fixtures shall include all electrical, plumbing, heating and sprinkling equipment, fixtures, outlets, venetian blinds, partitions, railways, gates, doors, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment, and all fixtures, equipment, improvements and appurtenances of a similar nature or purpose whether or not attached to or built into the Premises.
Section 10.08 No approval of plans or specifications by Landlord or consent by Landlord allowing Tenant to make Improvements in the Premises shall in any way be deemed to be an agreement by Landlord that the contemplated Improvements comply with any Legal Requirements or Insurance Requirements or the certificate of occupancy for the Building nor shall it be deemed to be a waiver by Landlord of the compliance by Tenant with any of the terms of this Lease. Notice is hereby given that neither Landlord, Landlord’s agents, the Superior Lessor, the Superior Mortgagee nor the Fee Mortgagee shall be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic’s or other lien for such labor or materials shall attach to or affect any estate or interest of Landlord or the Superior Lessor, Superior Mortgagee or Fee Mortgagee in and to the Premises or the Real Property.
Appears in 1 contract
Improvements; Tenant's Property. Section SECTION 10.01 Upon and subject to the terms of this ArticleArticle (and, with respect to Improvements made in connection with Tenant's initial occupancy of the Premises, subject in the terms of the Work Letter), Tenant at any time and from time to time during the Term, at its sole cost and expense, may make Improvements in and to the Premises, excluding structural changes, provided:
(a) The Improvements will not result in a violation of or require a change in any certificate of occupancy applicable to the Premises or to the Building;
(b) The character, outside appearance, usefulness or rentability of the Building or any part thereof shall not be affected in any way, and such Improvements shall not, in the sole opinion of Landlord, weaken or impair (temporarily or permanently) the structure or lessen the value or cubic content of the Premises or the Building either during the making of such Improvements or upon their completion;
(c) No part of the Building outside of the Premises shall be physically affected;
(d) The proper or economical functioning of the Building Equipment Equipment, in the sole opinion of Landlord shall not be adversely affected;
(e) In performing the work involved in making such Improvements, Tenant shall be bound by and observe all of the terms of this Article;
(f) Upon the termination of this Lease, Tenant shall, on Landlord's request restore those portions of the Premises* to their condition prior to the making of any Improvements by Tenant, reasonable wear and tear damage by insured casualty expected;
(g) Tenant shall not use the elevators during business hours on business days for haulage or removal of materials material or debris;
(gh) Before proceeding with any Improvements, Tenant shall submit to Landlord three copies of detailed plans and specifications and all changes and revisions theretotherefor, for the work to be done for Landlord's approval and consent. Tenant shall, upon demand of Landlord, pay to shall reimburse Landlord the for all reasonable professional fees expenses incurred by Landlord for in connection with (i) its decision and the review decision of such the Superior Lessor, Superior Mortgagee and the Fee Mortgagee as to whether to approve the proposed Improvements (ii) inspecting the Improvements to determine whether the same are being or have been performed in accordance with the approved plans and specifications therefor and with all changes Legal Requirements and revisions thereto Insurance Requirements, including the fees and expenses of any architect or engineer employed for such purpose. If such Improvements require consent by or notice to the Superior Lessor, the Superior Mortgagee or the Mortgagee, Tenant, notwithstanding anything to the contrary contained in this Article, shall not proceed with the Improvements until such consent has been received, or such notice has been given, as the case may be *with respect to which Landlord specifically retains its architect, engineer and other consultants. Landlord may as a condition rights pursuant to this subsection 10.01(f) after Landlord's review of its approval require Tenant to make revisions in and to the plans and specifications submitted by tenant, and all applicable conditions and provisions of the Superior Lease, the Superior Mortgage or the Fee Mortgage with respect to post a bond the proposed Improvements have been met or other security reasonably satisfactory complied with at Tenant's expense; and Landlord, if it consents to Landlord to insure the completion Improvements, will request such consent or give such notice, as the case may be. Any Improvements for which consent has been received shall be performed strictly in accordance with the approved plans and specifications therefor, and no amendments or additions thereto shall be made without the prior consent of such changeLandlord;
(hi) Tenant shall not be permitted to install and make part of the Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts, chattel mortgages or security interests (as such term is defined in the Uniform Commercial Code as in effect in New York at the time of the making of the Improvement);
(ij) No Improvements estimated to cost more than $50,000 (as estimated by Landlord's architect or licensed professional engineer or general contractor) shall be undertaken (i) except under the supervision of a licensed architect or licensed professional engineer reasonably satisfactory to Landlord, (ii) except after at least 30 days' prior notice to Landlord and (iii) prior to Tenant delivering to Landlord either (y) a performance bond and a labor and materials payment bond (issued by a surety company satisfactory to Landlord and licensed to do business in New York State) each in an amount equal to 150% of such estimated cost and otherwise in form satisfactory to Landlord or (z) such other security as shall be satisfactory to Landlord;
(jk) The sprinkler system design is not thereby modified, altered or changed;: and
(kl) Tenant shall not (i) attach or affix any screws or fasteners to the exterior curtainwall of the Building or (ii) install, without the written consent of Landlord, any materials that will come in contact with the exterior curtainwall of the Building; and
(l) Upon termination of this Lease, Tenant shall, on Landlord's request, restore the Premises to their condition prior to the making of any Improvements by Tenant, reasonable wear and tear and damage insured by casualty excepted.
Section SECTION 10.02 All Improvements shall at all times comply with all Legal Requirements and Insurance Requirements and all Rules and Regulations (including any Landlord may adopt with respect to the making of Improvements) and shall be made at such times and in such manner as Landlord may from time to time reasonably designate. Tenant, at its expense, shall (a) obtain all necessary municipal and other governmental permits, authorizations, approvals and certificates for the commencement and prosecution of such improvements Improvements and for final approval thereof upon completion, (b) deliver three copies thereof to Landlord and (c) cause all Improvements to be performed in a good and first-first- class workmanlike manner, using new materials and equipment at least equal in quality to the original installations of the Building Premises or the then standards for the Building established by Landlord. Improvements shall be promptly commenced and completed and shall be performed in such manner so as not to interfere with the occupancy of any other tenant nor delay or impose any additional expense upon Landlord in the construction, maintenance, cleaning, repair, safety, management, management security or operation of the Building or the Building Equipment; and if any such additional expense shall be incurred by Landlord as a result of Tenant's performance of any Improvements, Tenant shall pay such additional expense as Additional Rent upon demand. In addition to the foregoing sentence, with respect to each Improvement estimated to cost more than $5,000 (excluding, however, Tenant's Work and any Improvement performed or installed by Tenant pursuant to Paragraph 11 of the Work Letter), Tenant shall pay to Landlord, an Additional Rent upon demand, 5% of the cost of such Improvement*/ for indirect job costs, supervision and coordination of the work performed in connection with such Improvement**/Tenant shall furnish Landlord with satisfactory evidence that the insurance required during the performance of the Improvements pursuant to Article 8 is in effect at or before the commencement of the Improvements and, on request, at reasonable intervals interval thereafter. No Improvements shall involve the removal of any fixtures, equipment or other property in the Premises which are not Tenant's Property without Landlord's prior consent and unless they shall be promptly replaced, at Tenant's expense and free of superior title, liens, security interests and claims, with fixtures, fixture equipment or other property, as the case may be, of like utility and at least equal value, unless Landlord shall otherwise consent. In addition to the foregoing, all Improvements shall be performed in compliance with all applicable provisions of this Lease, all building regulations and with all applicable laws, ordinances, directions, rules and regulations of governmental authorities having jurisdiction, including, without limitation, the Americans with Disabilities Act of 1990, as amended, New York City Local Law No. 5/73 and New York City Local Law No. 58/87 and similar present or future laws, and regulations issued pursuant thereto, and also New York City Local Law No. 76 and similar present or future laws, and regulations issued pursuant thereto, on abatement, storage, transportation and disposal of asbestos, which work, if required, shall be effected at Tenant's sole cost and expense, by contractors and consultants approved by Landlord and in strict compliance with the aforesaid rules and regulations and with Landlord's rules and regulations thereon. Within thirty (30) days after final completion of any Improvement, Tenant shall deliver to the Landlord final record drawings of the Improvement including, as may be pertinent to the work performed, a reflected ceiling plan, mechanical and electrical drawings, partition plan and any other drawings which may be required to indicate accurately the layout and systems of the Premises. Tenant shall require its architect to load and maintain such record plans on a CADD system.
Section SECTION 10.03 Tenant, at its expense, shall promptly procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Improvements which shall be issued by any public authority having or asserting jurisdiction.
Section 10.04 . However, nothing herein shall prevent Tenant shall promptly pay from contesting in good faith and, at its own expense, any such notice of violation in accordance with the provisions of Sections 9.02. * (other than the cost of all Improvements. any decorations made by Tenant) **(except that, with respect to the cost of items of Landlord's Work and Tenant's Work required to be performed pursuant to Exhibit C, Tenant shall be required to pay only such Additional Rent as may be specifically set forth in Exhibit C).
SECTION 10.04 Tenant hereby indemnifies Landlord against liability for any and all mechanic's and other liens filed in connection with any Improvements or repairs, including the liens of any conditional sales of, or chattel mortgages, title retention agreements, security agreements or financing statements upon, any materials or fixtures installed in and constituting part of the Premises. Tenant shall promptly pay, in cash, the cost of all Improvements. Tenant, at its expense, shall procure the discharge of all such liens within 10 days after the filing of any such lien against the Premises or the Real Property. If Tenant shall fail to cause any such lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by deposit or bonding proceedings, and in any such event Landlord shall be entitled, if it elects, to compel the prosecution of an action for the foreclosure of such lien and to pay the amount of the judgment in favor of the lienor with interest, costs and allowances. Any amount so paid by Landlord, and all costs and expenses incurred by Landlord in connection therewith, shall constitute Additional Rent and shall be paid by Tenant to Landlord on demand.
SECTION 10.05 Only Landlord or any one or more persons approved or designated by Landlord (Landlord or such person being referred to in this Section as "Designated Contractor") shall be permitted to act as contractor for any work to be performed in accordance with this Article. Landlord expressly reserves the right to act as, or to designate, at any time and from time to time, an exclusive construction contractor and Landlord furthermore expressly reserves the right to exclude from the Building any person attempting to act as construction contractor in violation hereof. In the event Tenant proposes to use any contractor or subcontractor other than the Designated Contractor for the performance of any Improvement, Tenant shall submit to Landlord, together with the plans and specifications required pursuant to subsection 10.01(h), the name of such contractor or subcontractor. If Landlord shall not consent to Tenant's engaging such contractor or subcontractor for the performance of such Improvement. See Section 46.10.
SECTION 10.06 Tenant agrees that it will not at any time prior to or during the Term, either directly or indirectly, employ or permit the employment of any contractor, mechanic or laborer, or permit any materials in the Premises, if the use of such contractor, mechanic or laborer or such materials would, in Landlord's opinion create any difficulty, strike or jurisdictional dispute with other contractors, mechanics or laborers engaged by Tenant or Landlord or others, or would in any way disturb the construction, maintenance, cleaning, repair, management, security or operation of the Building or any part thereof. In the event of any interference or conflict Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers, or all materials causing such interference, difficulty or conflict, to leave or be removed from the Building immediately.
SECTION 10.07 All fixtures, equipment, improvements and appurtenances attached to, or built into, the Premises at the commencement of or during the Term (collectively "Fixtures"), whether or not at the expense of Tenant, shall be surrendered to Landlord upon the termination of this Lease except as otherwise expressly provided in this Lease: provided, however, that any Fixtures attached to, or built into, the Premises at the expense of Tenant shall be and remain the property of Tenant during the Term and any Fixtures attached to, or built into, the Premises at the expense of Landlord shall be and remain the property of Landlord during the Term. The Fixtures shall include all electrical, plumbing, heating and sprinkling equipment, fixtures, outlets, venetian blinds, partitions, railways, gates, doors, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment, and all fixtures, equipment, improvements and appurtenances of a similar nature or purpose whether or not attached to or built into the Premises.
SECTION 10.08 If, during the last month of the Term, Tenant shall have removed all or substantially all of Tenant's Property from the Premises, Landlord may immediately enter, and alter, renovate and redecorate the Premises, without abatement of rent or liability to Tenant, and such acts shall have no effect upon this Lease.
SECTION 10.09 No approval of plans or specifications by Landlord or consent by Landlord allowing Tenant to make Improvements in the Premises shall in any way be deemed to be an agreement by Landlord that the contemplated Improvements comply with any Legal Requirements or Insurance Requirements or the certificate of occupancy for the Building nor shall it be deemed to be a waiver by Landlord of the compliance by Tenant of any of the terms of this Lease. Notice is hereby given that neither Landlord, Landlord's agents, the Superior Lessor, the Superior Mortgagee nor the Fee Mortgagee shall be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for such labor or materials shall attach to or affect any estate or interest of Landlord or the Superior Lessor, Superior Mortgagee or Fee Mortgagee in and to the Premises or the Real Property.
SECTION 10.10 Tenant shall keep records of Improvements costing in excess of $10,000 and of the cost thereof. Tenant shall, within 45 days after demand by Landlord, furnish to Landlord copies of such records.
Appears in 1 contract
Samples: Lease (Asi Solutions Inc)
Improvements; Tenant's Property. Section 10.01 Upon and subject to the terms of this ArticleArticle (and, with respect to improvements made in connection with Tenant's initial occupancy of the Premises, subject to the terms of the Work Letter), Tenant, at any time anytime and from time to time during the Term, at its sole cost and expense, may make Improvements improvements in and to the Premises, excluding structural changes, changes provided:
(a) The Improvements will not result in a violation of or require a change in any certificate of occupancy applicable to the Premises or to the Building;
(b) The In the exercise of its reasonable judgment, Landlord shall determine that (x) the character or appearance of the outside appearance, usefulness or rentability of the Building or any part thereof shall not be adversely affected in any wayand (y) such Improvements shall not weaken or impair (temporarily or permanently) the structure or lessen the value of the Building either during the making of such Improvements or upon their completion;
(c) No part of the Building outside of the Premises shall be physically affected;
(d) The proper or economical functioning of the Building Equipment Equipment, in the reasonable opinion of Landlord, shall not be adversely affected;
(e) In performing the work involved in making such Improvements, Tenant shall be bound by and observe all of the terms of this Article;
(f) Upon the termination of this Lease, Tenant shall comply with the provisions of Section 10.07 with respect to the removal of Improvements;
(g) Tenant shall not use the elevators elevators, other than during business such hours and on business such days as are reasonably designated by Landlord from time to time, for haulage or removal of materials or debris;
(gh) Before Subject to the provisions of Section 10.02, before proceeding with any Improvementsimprovements, Tenant shall submit to Landlord three copies of detailed plans and specifications and all changes and revisions theretotherefor, for the work to be done for Landlord's approval and consent which, subject to Tenant's compliance with the provisions of this Article 10, shall not be unreasonably withheld, delayed or conditioned. Subject to the provisions of Article 37, Tenant shall, upon demand of Landlord, pay shall have the right to submit a dispute to arbitration pursuant to Article 27 as to whether Landlord shall have reasonably withheld its consent to the reasonable professional fees incurred by proposed Improvements pursuant to this Subsection (h). Landlord for reserves the review of such right to disapprove any plans and specifications or any item therein in a manner consistent with the provisions of this Article 10, and all changes and revisions thereto by its architect, engineer and other consultants. Landlord may as a to condition of its approval require upon Tenant to make making reasonable revisions in and to the plans and specifications and/or supplying Landlord with additional reasonable information. Tenant shall reimburse Landlord for all reasonable actual expenses incurred by Landlord to third parties (i.e. architects and engineers) in connection with its decision as to post a bond whether to approve the proposed Improvements. Any Improvements for which consent has been received shall be performed substantially in accordance with the approved plans and specifications therefor, and no material amendments or other security reasonably satisfactory additions thereto shall be made without the prior consent of Landlord in each instance. Subject to the provisions of Article 37, if Landlord shall not respond to Tenant's written notice requesting Landlord's approval of plans and specifications submitted by Tenant to Landlord as provided in this Section within fifteen (15) days (or within five (5) days with respect to insure the completion any resubmission of disapproved plans and specifications), after receipt by Landlord of such change;notice accompanied by all such plans and/or specifications as are required thereunder, and Landlord shall continue not to respond for a further period of five (5) days after a second written notice is received by Landlord from Tenant which shall specify the items to which Tenant's original notice referred and which shall make reference to this Section, then Landlord shall be deemed to approve such plans and/or specifications in respect of which Tenant requested Landlord's approval in said original notice. Notwithstanding anything to the contrary contained herein, provided Tenant otherwise complies with the provisions of this Article 10, Tenant may, without the consent of Landlord and without the submission of plans and specifications, install floor coverings, objects of art, wall and ceiling coverings, window shades, decorative paneling, doors, curtains, blinds and other similar improvements which are merely decorative in nature.
(hi) Tenant shall not be permitted to install and make part of the Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts, chattel mortgages or security interests (as such term is defined in the Uniform Commercial Code as in effect in the State of New York at the time of the making of the Improvement);
(ij) No Improvements estimated to cost more than $50,000 (as estimated by Landlord's architect improvements which require the submission of plans and specifications with the local building department or licensed professional engineer or general contractor) any other governmental authority shall be undertaken (i) except under the supervision of a licensed architect or licensed professional engineer reasonably satisfactory to Landlord, (ii) except after at least 30 days' prior notice to Landlord and (iii) prior to Tenant delivering to Landlord either (y) a performance bond and a labor and materials payment bond (issued by a surety company satisfactory to Landlord and licensed to do business in New York State) or (z) such other security as shall be satisfactory to Landlord;.
(jk) The sprinkler fire protection system design is not thereby modified, altered or changed;; and
(kl) Tenant shall not (i) attach or affix any screws or fasteners to the exterior curtainwall curtain wall of the Building building or (ii) install, without the written consent of Landlord, any materials that will come in contact with the exterior curtainwall curtain wall of the Building; and.
(lm) Upon termination Notwithstanding anything contained in this Section 10.01, Tenant may, without the consent of Landlord, perform non-structural alterations which do not (i) cost more than $75,000 in the aggregate during any twelve (12) month period, and (ii) affect the structure of the Building or any Building Equipment, provided that (A) Tenant provides Landlord with written notice of any such non-structural alteration, together with plans and specifications therefore, and (b) Tenant otherwise complies with the provisions of this Lease, Tenant shall, on Landlord's request, restore the Premises to their condition prior to the making of any Improvements by Tenant, reasonable wear and tear and damage insured by casualty exceptedArticle 10.
Section 10.02 All Improvements shall at all times comply with all Legal Requirements and Insurance Requirements and all Rules and Regulations (including any Landlord may reasonably adopt in accordance with Article 29 with respect to the making of Improvements) and shall be made at such times and in such manner as Landlord may from time to time reasonably designate. Tenant, at its expense, shall (a) obtain all necessary municipal and other governmental permits, authorizations, approvals and certificates for the commencement and prosecution of such improvements Improvements and for final approval thereof upon completion, (b) deliver three copies thereof to Landlord and (c) cause all Improvements to be performed in a good and first-class workmanlike manner, using new materials and equipment at least equal in quality to the original installations of the Building or the then standards for the Building established by LandlordBuilding. Landlord agrees, at no cost and expense to it, to cooperate reasonably with Tenant and to execute such documents which are needed to procure such required permits, authorization, approvals and certificates. Improvements shall be promptly commenced and completed and shall be performed in such manner so as not to unreasonably interfere with the occupancy of any other tenant nor delay or impose any additional expense upon Landlord in the construction, maintenance, cleaning, repair, safety, management, security or operation of the Building or the Building Equipment; and if any such additional expense shall be incurred by Landlord as a result of Tenant's performance of any Improvements, Tenant shall pay such additional expense as Additional Rent upon demand. Tenant shall furnish Landlord with satisfactory evidence that the insurance required during the performance of the Improvements pursuant to Article 8 is in effect at or before the commencement of the Improvements and, on request, at reasonable intervals thereafter. No Improvements shall involve the removal of any fixtures, equipment or other property in the Premises which are not Tenant's Property without Landlord's prior consent and unless they shall be promptly replaced, at Tenant's expense and free of superior title, liens, security interests and claims, with fixtures, equipment or other property, as the case may be, of like utility and at least equal value, unless Landlord shall otherwise consent. In addition to the foregoing, all Improvements shall be performed in compliance with all applicable provisions of this Lease, all building regulations and with all applicable laws, ordinances, directions, rules and regulations of governmental authorities having jurisdiction, including, without limitation, the Americans with Disabilities Act of 1990, as amended, New York City Local Law No. 5/73 and New York City Local Law No. 58/87 and similar present or future laws, and regulations issued pursuant thereto, and also New York City Local Law No. 76 and similar present or future laws, and regulations issued pursuant thereto, on abatement, storage, transportation and disposal of asbestos, which work, if required, shall be effected at Tenant's sole cost and expense, by contractors and consultants approved by Landlord and in strict compliance with the aforesaid rules and regulations and with Landlord's rules and regulations thereon. Within thirty (30) days after final completion of any Improvement, Tenant shall deliver to the Landlord final record drawings of the Improvement including, as may be pertinent to the work performed, a reflected ceiling plan, mechanical and electrical drawings, partition plan and any other drawings which may be required to indicate accurately the layout and systems of the Premises. Tenant shall require its architect to load and maintain such record plans on a CADD system.
Section 10.03 Tenant, at its expense, shall promptly procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Improvements which shall be issued by any public authority having or asserting jurisdiction.
Section 10.04 Tenant shall promptly pay pay, in cash, the cost of all Improvements. Tenant hereby indemnifies Landlord against liability for any and all mechanic's and other liens filed in connection with any Improvements or repairs, including the liens of any conditional sales of or chattel mortgages, title retention agreements, security agreements or financing statements upon, any materials or fixtures installed in and constituting part of the Premises. Tenant, at its expense, shall procure the discharge of all such liens within 10 thirty (30) days after the filing of any such lien against the Premises or the Real Property. If Tenant shall fail to cause any such lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord Landlord, after three (3) days written notice to Tenant, may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by deposit or bonding proceedings, and in any such event Landlord shall be entitled, if it elects, to compel the prosecution of an action for the foreclosure of such lien and to pay the amount of the judgment in favor of the lienor lien or with interest, costs and allowances. Any amount so paid by Landlord, and all costs and expenses incurred by Landlord in connection therewith, shall constitute Additional Rent and shall be paid by Tenant to Landlord on demand.
Section 10.05 All contractors, subcontractors, architects and engineers shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld (subject to Section 10.06).
Section 10.06 Tenant agrees that it will not at any time prior to or during the Term, either directly or indirectly, employ or permit the employment of any contractor, mechanic or laborer, or permit any materials in the Premises, if the use of such contractor, mechanic or laborer or such materials would, in Landlord's reasonable opinion, create any difficulty, strike or jurisdictional dispute with other contractors, mechanics or laborers engaged by Tenant or Landlord or others, or would in any way disturb the construction, maintenance, cleaning, repair, management, security or operation of the Building or any part thereof. In the event of any interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers, or all materials causing such interference, difficulty or conflict, to leave or be removed from the Building immediately.
Section 10.07 All fixtures, equipment, improvements and appurtenances attached to, or built into the Premises at the commencement of or during the Term (collectively "Fixtures"), whether or not at the expense of Tenant, shall be surrendered to Landlord upon the termination of this Lease except as otherwise expressly provided in this Lease; provided, however, that any Fixtures attached to, or built into, the Premises at the expense of Tenant shall be and remain the property of Tenant during the Term and any Fixtures attached to, or built into, the Premises at the expense of Landlord shall be and remain the property of Landlord during the Term. Nothing in this Article 10 shall be construed to give Landlord title to or prevent Tenant's removal of Tenant's Property, but upon such removal from the Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair any damage to the Premises or the Building caused by such removal. The term "Fixtures" shall include all electrical, plumbing, heating and sprinkling equipment, fixtures, outlets, partitions, railways, gates, doors, vaults, molding, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment, and all fixtures, equipment, improvements and appurtenances of a similar nature or purpose attached to or built into the Premises, but shall not include any of Tenant's Property. Notwithstanding the foregoing, Tenant shall be required to remove any Specialty Improvement upon the expiration of the term. The term "Specialty Improvement" shall mean any improvement which is not a customary office Tenant improvement, such as raised floors, internal stair cases, slab penetrations and/or other improvements of a similar nature.
Appears in 1 contract
