INSTALLATIONS AND ALTERATIONS BY TENANT. (A) Tenant shall not make ---------------------------------------- or perform, or permit the making or performance of, any alterations, improvements, additions or other physical changes in or about the Premises (collectively, "Alterations") (other than non-structural Alterations to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Building. All Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulations. (B) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations. (C) All trade fixtures, articles of personal property and all business machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, remain the property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Property. (D) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any mechanic's or other lien for any such labor or materials to attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. Whenever and as often as any mechanic's lien shall have been filed against the Premises based upon any act of, or for work claimed to have been done for, or materials furnished to, Tenant, or of, for or to anyone claiming through Tenant, Tenant shall forthwith take such action, by bonding, deposit or payment, as will remove or satisfy the lien.
Appears in 2 contracts
Samples: Lease (New England Business Service Inc), Lease (New England Business Service Inc)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance ofimprovements (collectively, any alterations, improvements, additions or other physical changes “Alterations”) in or about to the Premises (collectivelyincluding Tenant’s Work) without Landlord’s prior written consent, "Alterations") (which consent shall not be unreasonably withheld, conditioned or delayed, except that if the Alterations affect or involve the Building’s electrical, plumbing or mechanical systems or any other than Building systems, or the roof of the Building, and such Alterations affect other tenants of the Building or the Property, or the Common Facilities, then Landlord’s consent shall be granted or withheld in its sole discretion. Notwithstanding the foregoing, Tenant may, without the necessity of acquiring Landlord’s consent, perform non-structural Alterations to that do not affect or involve the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building Building’s electrical, plumbing or mechanical systems or reducing any other Building systems, or the value or utility roof of the Building) without Landlord's prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility affect other tenants of the BuildingBuilding or the Property, or the Common Facilities, and do not exceed $20,000.00 in cost in each instance. All Any Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules the Rules and regulations established Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Prior to making any Alterations, Tenant All work shall (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals workmanlike manner and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws laws, ordinances and regulations; (ii) be made at Tenant’s sole cost and expense (subject to Landlord’s Contribution with respect to Tenant’s Work only); (iii) become part of the Premises and the property of Landlord, except for those items specified on Exhibit K attached hereto and incorporated herein; and (iv) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or unreasonably interfere with the construction or operation of the Building. At Landlord’s request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. Except with respect to Tenant’s Work, Tenant shall promptly reimburse Landlord for all reasonable costs, including attorneys’, architects’, engineers’, and consultants’ fees, incurred by Landlord in connection with any request from Tenant pursuant to this Section 5.2. Notwithstanding the foregoing, Tenant has the right to install an acid neutralization tank (the “Tank”), as well as all associated piping, provided that such Tank and piping be not more than six (6) feet below the finished floor of the Building. Such installation shall be subject to Landlord’s prior approval, which approval shall not be unreasonably withheld, and the provisions of this Section 5.2.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration or earlier termination of this Leasethe Term, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, the Building or the Property. Whenever and as often To the maximum extent permitted by law, before such time as any mechanic's contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Tenant agrees to pay when due the entire cost of any work done on behalf of Tenant, its agents, employees or independent contractors. If any lien shall have been is filed against all or any part of the Premises based upon any act of, or Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or its agents, employees or independent contractors and a subsequent Statement of Account is recorded pursuant to M.G.L.c. 254, §8, Tenant, at its sole cost and expense, shall cause such lien to be dissolved promptly within ten (10) days after receipt of notice that such lien has been filed, by the payment thereof or ofby the filing of a bond sufficient to accomplish the foregoing. If Tenant shall fail to discharge any such lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including attorneys’ fees incurred in connection therewith) as Additional Rent payable upon demand, it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the Event of Default in not discharging such lien. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by reason of the making of any alterations, additions or improvements by or on behalf of Tenant to the Premises under this Section, which obligation shall survive the expiration or termination of this Lease.
(d) In the course of any work being performed by Tenant (including, without limitation, the “field installation” of any Tenant’s Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in the Building or on the Property or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or to anyone claiming through Tenantare under common control with or are controlled by Landlord or, Tenant shall forthwith take such actionif Landlord is a partnership or limited liability company, by bonding, deposit any partner or payment, as will remove member of Landlord) and not to employ or satisfy permit the lienuse of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building or on the Property pursuant to arrangements made by Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Repligen Corp), Lease Agreement (Repligen Corp)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or perform, or permit the making or performance of, any no alterations, improvements, additions or other physical changes improvements in or about to the Premises (collectively, "Alterations") (other than non-structural Alterations to the interior of the Premises costing less than $20,000 without in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without each case having obtained Landlord's ’s prior written consent. Any such alterations, additions or improvements shall (i) be in accordance with complete plans and specifications meeting Landlord’s reasonable requirements and approved in advance by Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural(and, do not involve if required, by the Building's systems Condominium Trustees), (ii) be performed in a good and are not visible from outside the Buildingworkmanlike manner and in compliance with all applicable laws, provided that such Alterations do not reduce the value or utility of the Building. All Alterations shall (iii) be done made at Tenant's ’s sole cost and expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior such manner as Landlord or the Condominium Trustees (to making any Alterations, Tenant (ithe extent of their powers) shall submit may from time to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodiestime reasonably designate, and (iiiiv) shall furnish to Landlord duplicate original policies become part of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulations.
(B) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord except as provided in subparagraph (unless otherwise agreed in writing by Landlord and Tenantb) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterationsbelow.
(Cb) All trade fixtures, articles of personal property and all business fixtures, inventory, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by such removal to Landlord’s reasonable satisfaction, and further provided that Tenant shall replace any installation and/or removal of Tenant's Removable Propertythe foregoing that is required for the proper conduct of Permitted Uses with like property of at least equal value, quality and utility.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. Whenever and as often as any mechanic's ’s lien shall have been filed against the Premises Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith shall, within 30 days, take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien.
Appears in 2 contracts
Samples: Lease (Converted Organics Inc.), Lease (Converted Organics Inc.)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance ofimprovements (collectively, any alterations, improvements, additions or other physical changes “Alterations”) in or about to the Premises (collectivelyincluding any Alterations necessary for Tenant’s initial occupancy of the Premises) without Landlord’s prior written consent, "Alterations") (other than which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations to that do not affect or involve the interior of Building’s electrical, plumbing or mechanical systems or any other Building systems. Notwithstanding the Premises costing foregoing, Landlord’s consent shall not be required for cosmetic, non-structural Alterations which do not affect Building systems and which, when aggregated with other Alterations performed by Tenant in the prior twelve (12) month period, cost less than $20,000 100,000.00; provided, however, Tenant shall provide Landlord with prior written notice of such Alterations and shall comply with the terms and provisions of this Lease in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility performance of the Building) without Landlord's prior written consentsuch Alterations. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Building. All Any Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules the Rules and regulations established Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. Prior to making any Alterations, Tenant All work shall (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals workmanlike manner and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws laws, ordinances and regulations; (ii) be made at Tenant’s sole cost and expense; (iii) become part of the Premises and the property of Landlord; (iv) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the construction or operation of the Building, and (v) be performed in a manner designed to minimize interference with Tenant’s business operations in the Premises. At Landlord’s request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant’s Removable Property, such Fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. Tenant shall promptly reimburse Landlord for all reasonable costs, including attorneys’, architects’, engineers’, and consultants’ fees, incurred by Landlord in connection with any request from Tenant pursuant to this Section 5.2.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration or earlier termination of this Leasethe Term, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor xxxxx or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, the Building or the Property. Whenever and as often To the maximum extent permitted by law, before such time as any mechanic's contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Tenant agrees to pay promptly when due the entire cost of any work done on behalf of Tenant, its agents, employees or independent contractors,, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to all or any part of the Property and immediately to discharge any such liens which may so attach. If, notwithstanding the foregoing, any lien shall have been is filed against all or any part of the Premises based upon any act of, or Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or its agents, employees or independent contractors, Tenant, at its sole cost and expense, shall cause such lien to be dissolved promptly after receipt of notice that such lien has been filed, by the payment thereof or ofby the filing of a bond sufficient to accomplish the foregoing. If Tenant shall fail to discharge any such lien, Landlord may, at its option, upon notice to Tenant and an opportunity to remedy same, discharge such lien and treat the cost thereof (including attorneys’ fees incurred in connection therewith) as Additional Rent payable upon demand, it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the Event of Default in not discharging such lien. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by reason of the making of any alterations, additions or improvements by or on behalf of Tenant to the Premises under this Section, which obligation shall survive the expiration or termination of this Lease.
(d) In the course of any work being performed by Tenant (including, without limitation, the “field installation” of any Tenant’s Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in the Building or on the Property or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or to anyone claiming through Tenantare under common control with or are controlled by Landlord or, Tenant shall forthwith take such actionif Landlord is a partnership or limited liability company, by bonding, deposit any partner or payment, as will remove member of Landlord) and not to employ or satisfy permit the lienuse of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building or on the Property pursuant to arrangements made by Landlord.
Appears in 2 contracts
Samples: Lease (Enova International, Inc.), Lease Agreement (Enova International, Inc.)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance of, any alterations, improvements, additions or other physical changes in or about the Premises improvements (collectively, "Alterations") (other than non-structural Alterations after the completion of Tenant's Work in or to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent. Landlord agrees not Notwithstanding the foregoing, with respect to unreasonably withhold its consent to any non-structural Alterations which are nonstructural, that do not involve affect the Building's systems and are electrical, plumbing or mechanical systems, (i) Landlord's consent shall not visible from outside be required if the Building, provided that cost of such Alterations do is less than $10,000 per individual instance and, when aggregated with the cost of all other Alterations performed by Tenant over the preceding one year period, is less than $30,000, so long as Tenant notifies Landlord in writing at least three (3) Business Days prior to commencing any such Alterations as to the nature, scope and estimated cost of such Alterations ("PERMITTED MINOR ALTERATIONS"); and (ii) Landlord's prior written consent shall not reduce be unreasonably withheld or delayed if the value cost of such Alterations is $10,000 or utility more per individual instance or if, when aggregated with the cost of all other Alterations performed by Tenant over the Buildingpreceding one year period, is $30,000 or more. All Alterations shall be done solely at Tenant's expense. Tenant shall indemnify Landlord from any costs or expenses resulting from Tenant's implementation of the Permitted Minor Alterations. Any Alterations, additions or improvements shall be in accordance with complete plans and specifications meeting the requirements set forth in the Rules and Regulations from time to time in effect and approved in advance by Landlord. Landlord shall approve or disapprove of Tenant's proposed Alterations within ten (10) Business Days of Landlord's receipt of such complete plans and specifications and the other required deliveries and information from Tenant set forth in the Rules and Regulations. Landlord shall inform Tenant, at the time of its approval of any Alterations, whether Landlord will require such Alterations to be removed by Tenant upon the expiration or earlier termination of the Lease. Such Alterations work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable laws, (ii) be made at Tenant's sole cost and expense and at such times and in such a manner as Landlord may from time to time designate, (iii) be made only in accordance with any reasonable rules the Rules and regulations established by Landlord. Prior Regulations from time to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodiestime in effect with respect thereto, and (iiiiv) become part of the Premises and the property of Landlord. If any Alterations shall furnish to Landlord duplicate original policies involve the removal of workerfixtures, equipment or other property in the Premises which are not Tenant's compensation insurance (covering all persons to Removable Property, such fixtures, equipment or property shall be employed promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality equal quality. The provisions of this Section 5.2(a) shall not apply to Tenant's Work, the then existing improvements. No such materials or equipment performance of which shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed governed by Tenant to EXHIBIT C hereto and the Premises shall be done in compliance with all applicable laws and regulations.
(B) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term other provisions of this Lease, elects subject to relinquish Landlord's right thereto the last sentence of Section 3.3 and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term Section 7.6 of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such AlterationsLease.
(Cb) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("'Tenant's Removable Property") shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal such removal. Tenant shall remove, at its sole expense, on the expiration or earlier termination of Tenant's Removable Propertythis Lease, all cabling installed at the Premises pursuant to the Plans.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. To the maximum extent permitted by law, before such time as any contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Whenever and as often as any mechanic's lien shall have been filed against the Premises Building or all or any part of the Site based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien.
(d) In the course of any work being performed by Tenant (including without limitation the "field installation" of any Tenant's Removable Property), Tenant agrees to use labor compatible with that being employed by landlords for work in or to the Building or other buildings in the Complex and not to employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building pursuant to arrangements made by Landlord.
Appears in 2 contracts
Samples: Lease Agreement (Firepond Inc), Lease Agreement (Firepond Inc)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Excluding the Tenant’s Work (the performance of which is instead subject to Exhibit C), Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance of, any alterations, improvements, additions or other physical changes in or about the Premises improvements (collectively, "“Alterations"”) (other than in or to the Premises or any Base Building Systems serving the Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations to the interior that do not affect or involve any portion of the Premises costing less than $20,000 Base Building or the Base Building Systems. Notwithstanding the foregoing, Tenant may construct non-structural Alterations in the aggregate during any 12 month period and Premises that do not affecting adversely affect the Structural Elements or the Base Building systems Systems or reducing the value or utility safety of the Building) Building without Landlord's ’s prior written consentapproval or notice to Landlord, if the cost of any such project does not exceed Fifty Thousand Dollars ($50,000). Landlord agrees not Any Alterations shall be in accordance with Landlord’s Rules and Regulations from time to unreasonably withhold its consent to any Alterations which are nonstructural, do not involve time in effect and with plans and specifications meeting the Building's systems requirements set forth in such Rules and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the BuildingRegulations and approved in advance by Landlord. All Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals workmanlike manner using only new and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All only quality materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws Laws; (ii) be made at Tenant’s sole cost and regulations.
expense; (Biii) All Alterations become part of the Premises and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease unless Landlord otherwise notifies Tenant such Alteration must be removed as provided in Section 5.2(e) below; (iv) be made by contractors and subcontractors approved in advance by Landlord; and (v) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the management, maintenance or operation of the Building. At Landlord’s request, Tenant shall, before any work estimated to cost in excess of One Hundred Fifty Thousand Dollars ($150,000.00) is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at Tenant's its expense. Tenant shall repair acknowledges and agrees that any damage review or approval by Landlord of any plans and/or specifications with respect to any Alterations is solely for Landlord’s benefit, and without any representation or warranty whatsoever to Tenant with respect to the Premises adequacy, correctness or efficiency thereof or otherwise. Landlord shall have the right to require that Tenant use Landlord’s designated structural contractor and architect for the Building caused for the design and performance of any Alterations affecting the Structural Elements and/or that Tenant use Landlord’s designated fire and life safety contractor and engineer for the Building to perform Tenant’s connection to the Building’s fire alarm system or any Alterations that affect the fire alarm or fire/life safety systems in the Building. In connection with Tenant’s performance of any Alterations, Tenant shall pay Landlord a construction oversight fee in an amount equal to one percent (1%) of the costs incurred by Tenant in connection with its performance of any removal of such Alterations.
(Cb) All trade fixtures, articles of personal property and all business and trade fixtures, furniture, moveable partitions, freestanding cabinet work, machinery and equipment and furniture owned or installed by Tenant or any party claiming by, through or under Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration or earlier termination of this Leasethe Term, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by such removal. Landlord shall have no lien or other interest in any item of Tenant’s Removable Property pursuant to this Lease, and to the extent that any Landlord’s lien in Tenant’s Removable Property may arise by Law, Landlord agrees to subordinate such lien and to confirm such subordination to any lender of Tenant by written agreement in form acceptable to Landlord. Any provision of this Lease to the contrary notwithstanding, Tenant shall be solely responsible for the ordering, delivery and installation and/or of any telephone, telephone switching, telephone and data cabling, and Tenant’s Removable Property to be installed by or on behalf of Tenant in the Premises and for the removal of Tenant's Removable Propertyall telephone and data cabling and all other lines installed in the Building by or on behalf of Tenant or anyone claiming by, through or under Tenant at the expiration or earlier termination of the Term of this Lease.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, the Building or the Property. Whenever and as often To the maximum extent permitted by law, before such time as any mechanic's contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Tenant agrees to pay promptly when due the entire cost of any work done on behalf of Tenant, its agents, employees or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to all or any part of the Property and immediately to discharge any such liens which may so attach. If, notwithstanding the foregoing, any lien shall have been is filed against all or any part of the Premises based upon any act of, or Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or its agents, employees or independent contractors, Tenant, at its sole cost and expense, shall cause such lien to be dissolved promptly after receipt of notice that such lien has been filed, by the payment thereof or ofby the filing of a bond sufficient to accomplish the foregoing. If Tenant shall fail to discharge any such lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including attorneys’ fees incurred in connection therewith) as Additional Rent payable upon demand, it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the Event of Default in not discharging such lien. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by reason of the making of any alterations, additions or improvements by or on behalf of Tenant to the Premises under this Section 5.2, which obligation shall survive the expiration or termination of this Lease.
(d) Intentionally deleted.
(e) Landlord may, by written notice to Tenant prior to the expiration or earlier termination of the Term of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations (including the Security System and those Alterations which constitute Tenant’s Work, as such terms are defined below) in the Premises at the expiration or earlier termination of the Term and repair any damage to the Premises and Building caused by such removal. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations in the Premises, Landlord may do so and may charge the cost thereof to Tenant. Notwithstanding the foregoing, Tenant may, prior to making any Alterations, submit a written request for a determination by Landlord as to whether Tenant will be required to remove the Alterations from the Premises at the expiration of the Term in accordance with this paragraph, in which case Landlord shall notify Tenant in writing at the time that Landlord consents to such Alteration whether, in Landlord’s sole discretion, Tenant will be required to remove the subject Alterations from the Premises at the expiration of the Term. In the event that the Alterations deviate in any manner from the plans for such Alterations as they were consented to by Landlord, Landlord’s removal determination shall not be binding on Landlord. In no event shall Landlord be required to make a removal determination concerning Alterations for which Landlord has already given its consent in accordance with this Article 5. Notwithstanding anything to the contrary herein, in no event shall Landlord have the right to require Tenant to remove any Alterations in the Premises that constitute normal office improvements.
(f) Tenant may, at its sole cost and expense and subject to the provisions of this Section 5.2, install an electronic card key system or similar type of security system (“Security System”) within the Premises and/or immediately outside the doors to anyone claiming through the Premises for the exclusive use of Tenant and Tenant’s employees. The Security System shall be provided by a company reasonably acceptable to Landlord. Tenant shall furnish Landlord with a copy of all key codes or access cards to allow Landlord access to the Premises as set forth in this Lease. Additionally, Tenant shall forthwith take such ensure that the Security System shall comply with all applicable Laws, rules and regulations, including all fire safety laws, and in no event shall Landlord be liable for, and Tenant shall defend, indemnify, and hold harmless Landlord and its representatives and agents from and against, any claims, demands, liabilities, causes of action, by bondingsuits, deposit judgments, damages and expenses arising from the Security System or payment, as will remove or satisfy the lienmalfunctioning thereof in accordance with Tenant’s indemnity obligations set forth herein.
Appears in 2 contracts
Samples: Lease Agreement (Arcellx, Inc.), Lease Agreement (Arcellx, Inc.)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) All fixtures installed or used by Tenant shall be new or completely reconditioned. Tenant shall not make or cause to be made any alterations, additions or improvements or install or cause to be installed any trade fixture, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining Landlord's prior written approval and consent and without first obtaining, at Tenant's sole cost and expense, all governmental permits and approvals required for such work ("Permits"). Tenant shall present to the Landlord detailed plans and specifications for such work at the time approval is sought and deliver a copy of all Permits to Landlord prior to commencing any alteration, addition, improvement or installation. All approved alterations, additions, improvements and installations shall comply with all governmental laws, rules, regulations and codes.
(b) Tenant shall not make ---------------------------------------- or perform, or permit the making or performance of, any alterations, improvementsrepairs or installations, additions or perform Tenant's initial work or any other physical changes work to or on the Leased Premises unless prior to the commencement of such work Tenant shall obtain (and during the performance of such work keep in or about force) builders risk, public liability and workmen's compensation insurance to cover every contractor to be employed, and any other insurance reasonably required by Landlord and such insurance shall name Landlord and its designees as additional insureds (including, without limitation, the Premises (collectivelyowner of the Leased Premises, "Alterations") (other than Landlord's managing agent and Landlord designees). Such policies shall be non-structural Alterations cancelable without ten (10) days prior notice to the interior Landlord. The policies shall have amounts of the Premises costing less than $20,000 in the aggregate during any 12 month period coverage, and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Building. All Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules and regulations established issued by companies reasonably satisfactory to Landlord. Prior to making any Alterationsthe commencement of such work, Tenant shall deliver duplicate originals or certificates of such insurance policies to Landlord.
(ic) shall submit To the fullest extend permitted by law, Tenant agrees to indemnify, defend and hold harmless Landlord plans and specifications for each proposed Alterationits designees (including, without limitation, the owner of the Leased Premises, mortgagees and Landlord's managing agent) from any and all claims, suits, damages, liabilities, professional fees including, without limitation, attorney's fees, costs, court costs, expenses and disbursements relating to death, personal injuries or property damage (iiincluding loss of use thereof) arising out of or in connection with the performance of the work of any contractor, its agents, servants, subcontractors or employees, or the use by contractor, its agents, servants, subcontractors or employees, of facilities owned by Landlord. This agreement to indemnify specifically contemplates full indemnity in the event of liability imposed against the Landlord and/or managing agent without negligence and solely by reason of statute, operation of law or otherwise, and partial indemnity in the event of any actual negligence on the part of Landlord or managing agent either causing or contributing to the underlying claim, In that event, indemnification will be limited to any liability imposed over and above that percentage attributable to actual fault, whether by statute, by operation of law or otherwise.
(d) Subject to the terms and provisions of this Lease, Tenant shall, at its own cost and expense, obtain promptly following delivery of possession, construct on the Leased Premises a prototypical Embassy Bank retail bank and all permitsfacilities appurtenant thereto, approvals and certificates required by any governmental or quasi-governmental bodiesincluding, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such formwithout limitation leasehold improvements, with such companiesfixtures, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials furniture and equipment to be incorporated in and the Building as like and a result of all alterations or improvements shall be of at least comparable quality drive through facility appurtenant to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulationsLeased Premises.
(Be) All Alterations and all fixturesIf Tenant fails to commence the construction of the improvements to the Leased Premises within thirty days of the date of delivery of possession thereof, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by written notice to Tenant given (the "Termination Notice"), have the right to terminate the Lease on or before the expiration terms and conditions set forth herein and recapture the Leased Premises, Any such termination shall be effective as of the Term sixtieth (60th) day after the date of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expenseTermination Notice. Tenant shall repair have the right to vitiate the Termination Notice by providing notice to Landlord that Tenant will commence and diligently pursue to completion the construction of the building and actually commences same within sixty (60) days of receipt of the Termination Notice. At any damage to time after Tenant has opened the Leased Premises or for business fully stocked and staffed as a prototype Embassy Bank facility if Tenant discontinues the Building caused by any removal operation of such Alterations.
(C) All trade fixtures, articles of personal property and all its business machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Leased Premises ("Tenant's Removable Property") shallfor more than three months, remain Landlord shall have the property of Tenant and may be removed by Tenant at any time prior right, upon notice to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenantterminate this Lease effective no earlier than thirty days following Landlord's Removable Property.
(D) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished notice to Tenant. Tenant shall not permit any mechanic's or other lien for any such labor or materials to attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. Whenever and as often as any mechanic's lien shall have been filed against the Premises based upon any act of, or for work claimed to have been done for, or materials furnished to, Tenant, or of, for or to anyone claiming through Tenant, Tenant shall forthwith take such action, by bonding, deposit or payment, as will remove or satisfy the lien.INTIALS: LANDLORD RB TENANT DL
Appears in 2 contracts
Samples: Lease (Embassy Bancorp, Inc.), Lease (Embassy Bancorp, Inc.)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance of, any alterations, improvements, additions or other physical changes improvements in or about to the Premises (collectively, "Alterations") (including any improvements other than non-structural Alterations to the interior Landlord's Work necessary for Tenant's initial occupancy of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the BuildingPremises) without Landlord's prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructuralAny such alterations, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value additions or utility of the Building. All Alterations improvements shall be done in accordance with complete plans and specifications meeting the requirements set forth in the rules and regulations from time to time in effect and approved in advance by Landlord. Such work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable laws, (ii) be made at Tenant's sole cost and expense and at such times and in such a manner as Landlord may from time to time designate, (iii) be made only in accordance with any reasonable the rules and regulations established by Landlord. Prior from time to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodiestime in effect with respect thereto, and (iiiiv) shall furnish to Landlord duplicate original policies become part of worker's compensation insurance (covering all persons to be employed by Tenant the Premises and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including the property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insuredsof Landlord. All materials and equipment to be incorporated in the Building as a result of all If any alterations or improvements shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulationsequal quality.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. To the maximum extent permitted by law, before such time as any contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Whenever and as often as any mechanic's lien shall have been filed against the Premises Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien.
(d) In the course of any work being performed by Tenant (including without limitation the "field installation" of any Tenant's Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in or to the Building or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or are under common control with Landlord, or which are controlled by Landlord or, if Landlord is a partnership, by any partner of Landlord) and not to employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building pursuant to arrangements made by Landlord.
Appears in 2 contracts
Samples: Lease (Beacon Education Management Inc), Lease Agreement (SmartPros Ltd.)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or perform, or permit the making or performance of, any no alterations, improvements, additions or improvements (including, but not be limited to, the installation or alteration of security or fire protection systems, communication systems, millwork, shelving, file retrieval or storage systems, carpeting or other physical changes floor covering, window and wall coverings, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing) in or about to the Premises (collectivelyincluding, "Alterations") (other than non-structural Alterations to the interior any improvements necessary for Tenant’s initial occupancy of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the BuildingPremises) without Landlord's ’s prior written consent. Landlord agrees Landlord’s consent shall not to unreasonably withhold its consent to any Alterations which are nonstructural, be required in the case of interior cosmetic or decorative alterations that (i) do not involve affect the Building's electrical, mechanical or plumbing systems or equipment serving the Premises, and are not visible from outside the Building, provided that such Alterations (ii) do not reduce require a building permit or other governmental approval or review; and (iii) cost less than $10,000.00 in the value aggregate. Any such alterations, additions or utility of the Buildingimprovements for which consent is required shall be in accordance with complete plans and specifications approved in advance by Landlord. All Alterations of Tenant’s alterations and additions and installation and delivery of telephone systems, furnishings, and equipment shall be done coordinated with any work being performed by Landlord and shall be performed in such manner, and by such persons as shall maintain harmonious labor relations and not cause any damage to the Building or interference with Building construction or operation. Such work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable laws, (ii) be made at Tenant's ’s sole cost and expense and at such times and in such a manner as Landlord may from time to time designate, and in accordance with any reasonable rules and the construction regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodiesset forth in Exhibit C attached hereto, and (iii) shall furnish to Landlord duplicate original policies become part of worker's compensation insurance (covering all persons to be employed by Tenant the Premises and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including the property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insuredsof Landlord. All materials and equipment to be incorporated in the Building as a result of all If any alterations or improvements shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least comparable quality equal quality. Xxxxxx agrees to pay promptly when due, and to defend and indemnify Landlord from and against, the entire cost of any work done on the Premises by Tenant, its agents, employees or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the then existing improvements. No Building or the Park and immediately to discharge any such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulationsliens which may so attach.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business and trade fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by such removal. Any Tenant’s Removable Property shall be installed at the sole risk of Tenant and shall be insured by Tenant in accordance with Article X. In connection with the installation of telecommunication equipment by Tenant, such installation shall occur only in such locations and in such a manner as approved in writing by the Landlord (which approval shall not be unreasonably delayed, conditioned or withheld) and none of such wires, ducts or equipment shall be located in areas outside the Premises. Notwithstanding any installation and/or other provision of this Lease, at the request of Landlord, telecommunication wires, ducts or equipment installed by the Tenant shall be removed by Tenant at the expiration of the Term or earlier termination of this Lease, and all damage caused by such removal of Tenant's Removable Propertyrepaired. Telephone switches, antennae, electronic distribution boxes and similar equipment shall only be located within the Premises.
(Dc) In any case, at the time of Landlord’s approval, Tenant shall pay to Landlord a fee equal to four percent (4%) of the cost any alteration, addition or improvement for which Tenant requests Xxxxxxxx’s consent to compensate Landlord for the overhead and other costs it incurs in reviewing the plans therefor and in monitoring the construction. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. To the maximum extent permitted by law, before such time as any contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Whenever and as often as any mechanic's ’s lien shall have been filed against the Premises Unit or the Park based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien.
(d) In the course of any work being performed by Xxxxxx (including without limitation the “field installation” of any Tenant’s Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in or to the Building or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or are under common control with Landlord, or which are controlled by Landlord or, if Landlord is a partnership, by any partner of Landlord) and not to employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building pursuant to arrangements made by Landlord.
Appears in 2 contracts
Samples: Sublease (Upstream Bio, Inc.), Sublease (Upstream Bio, Inc.)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or perform, or permit the making or performance of, any no alterations, improvementsadditions, additions substitutions or other physical changes improvements in or about to the Premises (collectively, "Alterations") (other than non-structural Alterations to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructuralAny such alterations, do not involve the Building's systems and are not visible from outside the Buildingadditions, provided that such Alterations do not reduce the value substitutions or utility of the Building. All Alterations improvements shall be done at Tenant's expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alterationworkmanlike manner and in compliance with all applicable laws, codes, ordinances, orders, rules, regulations and requirements applicable thereto, (ii) shallbe made only by contractors, architects, or mechanics approved by Landlord, (iii) at its expenseLandlord's election, obtain all permits, approvals become part of the Premises and certificates required by any governmental or quasi-governmental bodiesthe property of Landlord, and (iiiiv) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant performed and completed at Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (sole expense, including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result cost of all alterations design work, materials, labor, and state and local permits and shall not result in any liens or encumbrances on the Premises or the building.
(b) Unless Landlord otherwise elects, all alterations, additions or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed made by Tenant to the Premises shall be done in compliance with all applicable laws and regulations.
(B) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term lease term; or if Landlord shall so elect, all fixtures, equipment, improvements and appurtenances attached shall be and remain part of this Lease the Premises and the property of Landlord and shall not be removed by Tenant at the expiration of the Term. Where not built into the Premises, and if furnished and installed by and at the sole expense of Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade , all removable electric fixtures, articles of personal property and all furniture, trade fixtures or business machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shallshall not be deemed to be included in such fixtures, remain the property of Tenant equipment, improvements and appurtenances and may be be, and upon the request of Landlord will be, removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any . Any damage to the Premises or the Building caused by any installation and/or arising from such removal of any alterations, additions, other improvements or Tenants' Removable Property shall be promptly repaired by Tenant at its expense. Any items with respect to which Landlord shall have granted any allowance or credit to Tenant shall be deemed not to have been furnished and installed in the Premises by or at the sole expense of Tenant. If this Lease shall be terminated by reason of a Default of Tenant, then any provision hereof to the contrary notwithstanding, Landlord shall have a lien against all Tenant's Removable Propertyproperty in the Premises at the time of such termination to secure Landlord's rights under Article XIII hereof.
(Dc) Notice is hereby given that that, Landlord shall not be liable to any third party for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any , and that no mechanic's, materialman's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. Whenever and as often as any mechanic's, materialman's or other lien shall have been filed against the Premises Property or any portion thereof based upon any act of, or for work claimed to have been done for, or materials furnished to, interest of Tenant, or of, for or to by anyone claiming by, through or under Tenant, Tenant shall forthwith take such action, by bonding, deposit or payment, action as will remove or remove, discharge and satisfy the such lien.
(d) Tenant acknowledges that Landlord is keenly interested in the quality of the design and construction of Tenant's Work in the Premises, and that Landlord may condition any approval of Tenant's Work based upon certain design and construction criteria that Landlord deems advisable in order to maintain the image of the Premises and the Building. ARTICLE VI
Appears in 1 contract
Samples: Lease (Passport Restaurants Inc)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall make no alterations, additions (including, but not make ---------------------------------------- be limited to, the installation or performalteration of security or fire protection systems, communication systems, millwork, shelving, file retrieval or storage systems, carpeting or other floor covering, window and wall coverings, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing), or permit the making or performance of, any alterations, improvements, additions or other physical changes improvements in or about to the Premises (collectively, "Alterations") (other than non-structural Alterations to the interior including any improvements necessary for Tenant’s initial occupancy of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the BuildingPremises) without Landlord's ’s prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructuralAny such alterations, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value additions or utility of the Building. All Alterations improvements shall be done in accordance with complete plans and specifications approved in advance by Landlord. Such work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable laws, (ii) be made at Tenant's ’s sole cost and expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior such a manner as Landlord may from time to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodiestime designate, and (iii) shall furnish to if Landlord duplicate original policies so elects, become part of worker's compensation insurance (covering all persons to be employed by Tenant the Premises and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including the property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insuredsof Landlord. All materials and equipment to be incorporated in the Building as a result of all If any alterations or improvements shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulationsequal quality.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal such removal. Any Tenant’s Removable Property shall be installed at the sole risk of Tenant's Removable Property.Tenant and shall be insured by Tenant in accordance with Article X.
(Dc) In any case, at the time of Landlord’s approval, Tenant shall pay to Landlord a fee equal to five percent (5%) of the cost any alteration, addition or improvement for which Tenant requests Xxxxxxxx’s consent to compensate Landlord for the overhead and other costs it incurs in reviewing the plans therefor and in monitoring the construction. No such fee shall, however, be required with respect to minor alterations of a cosmetic nature and for which a building permit is not required. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. To the maximum extent permitted by law, before such time as any contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Whenever and as often as any mechanic's ’s lien shall have been filed against the Premises Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien.
(d) In the course of any work being performed by Xxxxxx (including without limitation the “field installation” of any Tenant’s Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in or to the Building or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or are under common control with Landlord, or which are controlled by Landlord or, if Landlord is a partnership, by any partner of Landlord) and not to employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building pursuant to arrangements made by Landlord.
Appears in 1 contract
Samples: Assignment and Assumption
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance ofimprovements (collectively, any alterations, improvements, additions or other physical changes “Alterations”) in or about to the Premises (collectivelyincluding any Alterations, "Alterations") (other than Landlord’s Work, necessary for Tenant’s initial occupancy of the Premises) or any Base Building Systems serving the Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations to the interior that do not affect or involve any portion of the Premises costing Base Building or the Base Building Systems. Notwithstanding the foregoing, Landlord’s consent shall not be required for non-structural Alterations that do not affect the Base Building or any Base Building Systems and cost less than $20,000 10,000 in the aggregate during any 12 twelve month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural, do not involve the Building's systems and are not visible from outside the Buildingperiod, provided that Tenant shall give Landlord prior written notice of such Alterations. Any Alterations do not reduce shall be in accordance with Landlord’s Rules and Regulations from time to time in effect and with plans and specifications meeting the value or utility of the Buildingrequirements set forth in such Rules and Regulations and approved in advance by Landlord. All Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals workmanlike manner using only new and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All only quality materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws Laws; (ii) be made at Tenant’s sole cost and regulations.
expense; (Biii) All Alterations become part of the Premises and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease unless Landlord otherwise notifies Tenant such Alteration must be removed as provided in Section 5.2(e) below; (iv) be made by contractors and subcontractors approved in advance by Landlord; and (v) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the management, maintenance or operation of the Building. At Landlord’s request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at Tenant's expenseits expense with new fixtures, equipment or property of like utility and of at least equal quality. Tenant shall repair promptly reimburse Landlord for all reasonable costs, including attorneys’, architects’, engineers’, and consultants’ fees, incurred by Landlord in connection with any damage request from Tenant pursuant to this Section 5.2. Tenant acknowledges and agrees that any review or approval by Landlord of any plans and/or specifications with respect to any Alterations is solely for Landlord’s benefit, and without any representation or warranty whatsoever to Tenant with respect to the Premises adequacy, correctness or efficiency thereof or otherwise. Landlord shall have the right to require that Tenant use Landlord’s designated structural contractor and architect for the Building caused by for the design and performance of any removal of such AlterationsAlterations affecting the Structural Elements and/or that Tenant use Landlord’s designated fire and life safety contractor and engineer for the Building to perform Tenant’s connection to the Building’s fire alarm system or any Alterations that affect the fire alarm or fire/life safety systems in the Building.
(Cb) All trade fixtures, articles of personal property and all business and trade fixtures, furniture, moveable partitions, freestanding cabinet work, machinery and equipment and furniture owned or installed by Tenant or any party claiming by, through or under Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration or earlier termination of this Leasethe Term, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by such removal. Any provision of this Lease to the contrary notwithstanding, Tenant shall be solely responsible for the ordering, delivery and installation of any installation and/or telephone, telephone switching, telephone and data cabling, and Tenant’s Removable Property to be installed by or on behalf of Tenant in the Premises and for the removal of Tenant's Removable Propertyall telephone and data cabling and all other lines installed in the Building by or on behalf of Tenant or anyone claiming by, through or under Tenant at the expiration or earlier termination of the Term of this Lease.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, the Building or the Property. Whenever and as often To the maximum extent permitted by law, before such time as any mechanic's contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Tenant agrees to pay promptly when due the entire cost of any work done on behalf of Tenant, its agents, employees or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to all or any part of the Property and immediately to discharge any such liens which may so attach. If, notwithstanding the foregoing, any lien shall have been is filed against all or any part of the Premises based upon any act of, or Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or its agents, employees or independent contractors, Tenant, at its sole cost and expense, shall cause such lien to be dissolved promptly after receipt of notice that such lien has been filed, by the payment thereof or ofby the filing of a bond sufficient to accomplish the foregoing. If Tenant shall fail to discharge any such lien, for Landlord may, at its option, discharge such lien and treat the cost thereof (including attorneys’ fees incurred in connection therewith) as Additional Rent payable upon demand, it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the Event of Default in not discharging such lien. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by reason of the making of any alterations, additions or improvements by or on behalf of Tenant to anyone claiming through the Premises under this Section, which obligation shall survive the expiration or termination of this Lease.
(d) Landlord may, by written notice to Tenant prior to the expiration or earlier termination of the Term of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations performed by or on behalf of Tenant in the Premises at the expiration or earlier termination of the Term, to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to a Building standard tenant improved condition as determined by Landlord. Notwithstanding the foregoing, if Tenant shall forthwith take so request in writing with its request for consent to any Alterations, that Landlord indicate whether any of such actionAlterations must be removed upon expiration or earlier termination of the Term of this Lease, then Landlord shall so indicate at such time whether removal will be required. If Landlord does not so require such Alterations to be removed with such consent, Landlord may not later request such removal. If Tenant fails to complete such removal and/or to repair any damage caused by bondingthe removal of any Alterations in the Premises, deposit and return the affected portion of the Premises to a Building standard tenant improved condition as determined by Landlord, then, without limiting Landlord’s other rights and remedies, at Landlord’s option, either (A) Tenant shall be deemed to be holding over in the Premises and Rent shall continue to accrue in accordance with the terms of Article 12, below, until such work shall be completed, or payment, (B) Landlord may do so and may charge the cost thereof to Tenant. Landlord shall not require Tenant to remove (i) any improvements existing in the Premises as will remove of the date of this Lease that Tenant retains in the Premises or satisfy (ii) the lieninitial Tenant’s Work shown on the initial plan attached to this Lease as Schedule E-1.
Appears in 1 contract
Samples: Lease Agreement (Howard Bancorp Inc)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno --------------------------------------- alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance of, any alterations, improvements, additions or other physical changes improvements in or about to the Premises (collectively, "Alterations") (including any improvements other than non-structural Alterations to the interior Landlord's Work necessary for Tenant's initial occupancy of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the BuildingPremises) without Landlord's prior written consent. Landlord agrees , which shall not be unreasonably withheld with respect to unreasonably withhold its consent to any Alterations which are nonstructuralalterations, additions or improvements that do not involve affect the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility structure of the BuildingBuilding or the electrical, mechanical or plumbing systems therein. All Alterations Any such alterations, additions or improvements shall be done in accordance with complete plans and specifications meeting the requirements set forth in the rules and regulations from time to time in effect and approved in advance by Landlord. Such work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable laws, (ii) be made at Tenant's sole cost and expense and at such times and in such a manner as Landlord may from time to time reasonably designate, (iii) be made only in accordance with any reasonable the rules and regulations established by Landlord. Prior from time to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodiestime in effect with respect thereto, and (iiiiv) shall furnish except to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed the extent specified by Tenant Landlord, and except for Tenant's contractors Removable Property, become part of the Premises and subcontractors in connection with such Alteration) and comprehensive public liability (including the property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insuredsof Landlord. All materials and equipment to be incorporated in the Building as a result of all If any alterations or improvements shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulationsequal quality.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture furniture, including without limitation the supplemental HVAC and telecommunication and other equipment described on Exhibit F --------- hereto, owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. To the maximum extent permitted by law, before such time as any contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Whenever and as often as any mechanic's lien shall have been filed against the Premises Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien.
(d) In the course of any work being performed by Tenant (including without limitation the "field installation" of any Tenant's Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in or to the Building or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or are under common control with Landlord, or which are controlled by Landlord or, if Landlord is a partnership, by any partner of Landlord) and not to employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building pursuant to arrangements made by Landlord.
Appears in 1 contract
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or perform, or permit the making or performance of, any alterations, improvements, additions or other physical changes in or about the Premises (collectively, "Alterations") (other than non-structural Alterations to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Building. All Alterations shall be done at construct Tenant's expense and at such times and Initial Leasehold Improvements substantially in accordance with any reasonable rules plans and regulations established by Landlordspecifications on Exhibit D, as the same may be modified from time to, time as provided herein ("Tenant's Construction"). Prior to making any Alterations, Tenant All of Tenant's Construction shall (i) shall submit to Landlord be made in accordance with complete construction plans and specifications for each proposed Alterationapproved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned; (ii) shall, at its expense, obtain all permits, approvals be constructed in a good and certificates required by any governmental or quasi-governmental bodies, workmanlike manner and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws laws, codes, regulations, permits and regulationsapprovals required by any governmental entities having jurisdiction therefore; and (iii) be made at Tenant's sole expense.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in Subsequent to the Building at any time either by Tenant or by Landlord on completion of Tenant's behalf shallConstruction, upon installationTenant shall make no further alterations, become the property of Landlord (unless otherwise agreed additions or improvements in writing by Landlord and Tenant) and remain upon and be surrendered with or to the Premises unless Landlordwherein the cost of said alterations, by notice to Tenant given on additions or before the expiration of improvements exceed $20,000 per alteration, addition or improvement during the Term of this LeaseLease without the prior written consent of Landlord, elects which consent shall not be unreasonably withheld, conditioned or delayed, provided that Tenant fully complies with the provisions of this Section 5.3, and provided further that such consent shall expressly indicate the extent to relinquish Landlord's right thereto and to have them which such alterations, additions, or improvements must be removed by Tenant at the expiration of this Lease or, if applicable, must then remain on the Premises. Landlord shall not, however, require any such removal if the alterations, additions, or improvements could be reasonably expected to be reusable by the succeeding tenant in the Premises. Any such alterations, additions or improvements shall (i) be made in accordance with complete construction plans and specifications approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned; (ii) be constructed in a good and workmanlike manner and in compliance with all applicable laws, codes, regulations, permits and approvals required by any governmental entities having jurisdiction therefore; and (iii) be made at Tenant's sole expense.
(c) Upon any termination. or earlier expiration of this Lease. Tenant shall surrender the Premises in the same condition as existed at the Commencement Date, except for normal wear and tear and damage caused by the elements, casualty or any other cause for which Tenant might not be liable.
(d) All articles of personal property and all business and trade fixtures, communications equipment, machinery and equipment and furniture owned or installed by Tenant in which event, they the Premises ("Tenant's Removable Property") shall remain the property of Tenant and shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease lease, and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, remain the property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(De) Notice is hereby given that Landlord shall not not, be liable for any labor or materials furnished or to be furnished by contractors, mechanics or suppliers to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. Whenever and as often as any mechanic's lien shall have been filed against the Premises based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lienlien within sixty (60) days after the lien is recorded.
Appears in 1 contract
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or perform, or permit the making or performance of, any no alterations, improvements, additions or other physical changes improvements (collectively, “Alterations”) in or about to the Premises (collectivelyincluding any of the Tenant Work, "Alterations"necessary for Tenant’s initial occupancy of the Premises) (other than or any Base Building Systems or Laboratory Systems serving the Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed with respect to non-structural Alterations that do not adversely affect any portion of the Base Building or Laboratory Systems or the Base Building Systems. Notwithstanding the foregoing, Tenant may make Cosmetic Alterations (as hereinafter defined) to the interior Premises without Landlord’s consent so long as Landlord is notified in writing at least ten (10) days prior to commencement of any such Cosmetic Alterations. Landlord may, at the time consent is given, identify in writing any Alterations (including any of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility Tenant Work, necessary for Tenant’s initial occupancy of the BuildingPremises) without Landlord's prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural, do not involve that adversely affect or alter the Building's systems and are not visible from outside the BuildingStructural Elements as Special Improvements (as hereinafter defined) which, provided that Landlord so identifies such Alterations do not reduce alterations, shall be removed by Tenant and the value or utility Premises restored at the end of the BuildingTerm pursuant to Section 5.3(e) below. Any Alterations shall be in accordance with Landlord’s Rules and Regulations from time to time in effect and with plans and specifications meeting the requirements set forth in such Rules and Regulations and approved in advance by Landlord. All Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals workmanlike manner using only new and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All only quality materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws Laws; (ii) be made at Tenant’s sole cost and regulations.
expense (Bother than, as applicable, the Landlord’s Contribution); (iii) All Alterations become part of the Premises and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease unless Landlord otherwise notifies Tenant (at the time consent is given) such Alteration must be removed at the end of the Term or earlier expiration of this Lease as provided in Section 5.3(e) below; (iv) be made by contractors and at Tenant's expensesubcontractors reasonably approved in advance by Landlord; and (v) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the management, maintenance or operation of the Building. At Landlord’s request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall repair any damage to involve the removal of fixtures, equipment or other property in the Premises or the Building caused by any removal of which are not Tenant’s Removable Property, such Alterations.
(C) All trade fixtures, articles of personal equipment or property and all business machinery and equipment and furniture owned or installed shall be promptly replaced by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shallwith new fixtures, remain the equipment or property of Tenant like utility and may be removed by Tenant of at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Property.
(D) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any mechanic's or other lien for any such labor or materials to attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. Whenever and as often as any mechanic's lien shall have been filed against the Premises based upon any act of, or for work claimed to have been done for, or materials furnished to, Tenant, or of, for or to anyone claiming through Tenant, Tenant shall forthwith take such action, by bonding, deposit or payment, as will remove or satisfy the lien.least equal
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INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Except as expressly provided herein, Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit improvements in or to the making Premises (including any initial improvements necessary for Tenant’s occupancy) without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or performance ofdelayed with respect to non-structural alterations that do not adversely affect any of the Building systems. Landlord’s consent shall not be required for (i) any purely cosmetic alteration that does not affect any Building system, and (ii) any non-structural alteration that does not affect any Building system and costs less than $50,000 in any one instance. Any alterations, improvements, additions or other physical changes improvements for which Landlord’s consent is required shall (i) be in accordance with complete plans and specifications meeting the requirements set forth in Exhibit PR and approved by Landlord, (ii) be in accordance with the standards set forth in Exhibit BS attached hereto, (iii) be made only in accordance with the procedures set forth in Exhibit TW attached hereto by contractors or about the Premises mechanics approved by Landlord, (collectively, "Alterations"iv) (other than non-structural Alterations to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Building. All Alterations shall be done made at Tenant's ’s sole expense and at such reasonable times and in accordance with any such reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts manner as Landlord may reasonably require, naming Landlord from time to time designate and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulations.
(Bv) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become part of the Premises and the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice provided that Landlord reserves the right, at the time that Landlord consents to Tenant given on or before such alterations, to require the expiration removal of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at any non-standard office alterations upon the expiration or earlier termination of the Term of this Lease and at Tenant's expenseLease. Notwithstanding the foregoing, Tenant shall repair not be required to remove any damage items of Landlord’s Work installed as part of Tenant’s initial occupancy of the Premises, nor any wiring or cabling installed by Tenant from time to time during the Premises or the Building caused by any removal of such AlterationsTerm.
(Cb) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property Property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. To the maximum extent permitted by law, at such time as any contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the previous sentence. Whenever and as often as any mechanic's ’s lien shall have been filed against the Premises Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien.
(d) In the course of any work being performed by Tenant, (other than “field installations” of Tenant’s Removable Property and the installation of any wiring and cabling), Landlord reserves the right to require Tenant to employ union labor compatible with that being employed by Landlord for work in or to the Building, and not to employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services or construction in the Building pursuant to arrangements made by Landlord.
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INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance ofimprovements (collectively, any alterations, improvements, additions or other physical changes “Alterations”) in or about to the Premises (collectivelyincluding any Alterations, "Alterations") (other than Landlord’s Work, necessary for Tenant’s initial occupancy of the Premises) without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural, that do not affect or involve the Building's ’s electrical, plumbing or mechanical systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Buildingany other Building systems. All Any Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules the Rules and regulations established Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. Prior to making any Alterations, Tenant All work shall be (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals workmanlike manner and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws laws, ordinances and regulations; (ii) be made at Tenant’s sole cost and expense subject to reimbursement from Landlord’s Contribution in accordance with Section 4.1(c), if any then remaining; (iii) become part of the Premises and the property of Landlord; and (iv) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the construction or operation of the Building. At Landlord’s request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration or earlier termination of this Leasethe Term, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, the Building or the Property. Whenever and as often To the maximum extent permitted by law, before such time as any mechanic's contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Tenant agrees to pay promptly when due the entire cost of any work done on behalf of Tenant, its agents, employees or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to all or any part of the Property and immediately to discharge any such liens which may so attach. If, notwithstanding the foregoing, any lien shall have been is filed against all or any part of the Premises based upon any act of, or Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or its agents, employees or independent contractors, Tenant, at its sole cost and expense, shall cause such lien to be dissolved promptly after receipt of notice that such lien has been filed, by the payment thereof or ofby the filing of a bond sufficient to accomplish the foregoing. If Tenant shall fail to discharge any such lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including attorneys’ fees incurred in connection therewith) as Additional Rent payable upon demand, it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by reason of the making of any alterations, additions or improvements by or on behalf of Tenant to the Premises under this Section, which obligation shall survive the expiration or termination of this Lease.
(d) In the course of any work being performed by Tenant (including, without limitation, the “field installation” of any Tenant’s Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in the Building or on the Property or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or to anyone claiming through Tenantare under common control with or are controlled by Landlord or, Tenant shall forthwith take such actionif Landlord is a partnership or limited liability company, by bonding, deposit any partner or payment, as will remove member of Landlord) and not to employ or satisfy permit the lienuse of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building or on the Property pursuant to arrangements made by Landlord.
Appears in 1 contract
Samples: Lease Agreement (Ameresco, Inc.)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit improvements in or to the making Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld or performance of, any delayed with respect to non-structural alterations, improvementsadditions and improvements that do not affect the Building’s electrical, plumbing or mechanical systems. Notwithstanding the foregoing, no consent shall be required for periodic replacement of window or floor coverings, counters, cabinetry or other fixtures or equipment with materials substantially similar to those located at the Premises as of the Commencement Date. Any such alterations, additions or other physical changes improvements shall be in or about accordance with complete plans and specifications meeting the Premises (collectively, "Alterations") (other than non-structural Alterations requirements set forth in the Rules and Regulations and reasonably approved in advance by Landlord to the interior of extent that the Premises costing less than $20,000 same would customarily be prepared for similar work conducted in first class buildings in the aggregate during greater Boston area. All work performed by Tenant shall be coordinated with any 12 month period and work being performed by Landlord in such a manner as not affecting to damage the Building systems or reducing interfere with the value construction or utility operation of the Building) without Landlord's prior written consent. , and, except for installation of furnishings, shall be performed by contractors or workers first approved by Landlord agrees in writing, such approval not to be unreasonably withhold withheld or delayed. Tenant shall, before its consent work is started: (i) secure all necessary licenses and permits; (ii) deliver to any Alterations which are nonstructural, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility Landlord a statement of the Buildingnames of all its contractors and subcontractors and assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of such labor and materials; and (iii) cause each contractor to carry workers’ compensation insurance in statutory amounts covering all the contractor’s and subcontractor’s employees and comprehensive public liability insurance with such limits as Landlord reasonably may require, but in no event less than a combined single limit of two million dollars ($2,000,000), and any other insurance which Landlord reasonably may from time to time require, all such insurance to be written in companies approved by Landlord and insuring Landlord and Tenant as well as the contractors, and deliver to Landlord certificates of such insurance. All Alterations Such work shall (i) be done performed in a good and workmanlike manner and in compliance with all applicable laws, ordinances and regulations, (ii) be made at Tenant's ’s sole cost and expense and at such times and in such a manner as Landlord may from time to time reasonably designate, (iii) be made only in accordance with any reasonable rules the Rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodiesRegulations in effect with respect thereto, and (iiiiv) become part of the Premises and the property of Landlord unless Landlord notifies Tenant in writing at the time of approval that Tenant must remove such work and restore the Premises to the condition existing immediately prior to the commencement of such work. Tenant shall furnish not in any event be required to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed remove any leasehold improvements, additions or alterations heretofore made by or for Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result Premises prior to the date of all this Lease. If any alterations or improvements shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least comparable quality equal quality. If Landlord’s consideration of any request by Tenant requires any third party professional review or approval (such as legal, architectural or accounting in Landlord’s reasonable judgment), and if Landlord retains such a third party professional therefor, Tenant shall promptly reimburse Landlord for all actual and reasonable third party costs, including attorneys’, architects’, engineers’, and consultants’ fees, incurred by Landlord in connection with any request from Tenant pursuant to this Section 5.2. Tenant shall not, however, be required to pay Landlord any charge or fee for supervision of construction, profit, overhead or general conditions in connection with any alteration, addition or improvement performed under the direction of Tenant and by third parties engaged exclusively by Tenant, provided, however, that such supervisory fees may be imposed by Landlord to the then existing improvements. No such materials extent that any of Tenant’s alterations, additions or equipment shall improvements are to be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to or at the Premises shall be done in compliance with all applicable laws and regulationsdirection of Landlord.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, the Building or the Complex. Whenever and as often To the maximum extent permitted by law, before such time as any mechanic's contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Tenant agrees to pay promptly when due the entire cost of any work done on behalf of Tenant, its agents, employees or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to all or any part of the Property and immediately to discharge or bond any such liens which may so attach. If, notwithstanding the foregoing, any lien shall have been is filed against all or any part of the Premises based upon any act of, or Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or its agents, employees or independent contractors, Tenant, at its sole cost and expense, shall cause such lien to be dissolved or ofbonded promptly after receipt of notice that such lien has been filed, by the payment thereof or by the filing of a bond sufficient to accomplish the foregoing. If Tenant shall fail to discharge any such lien, Landlord may, at its option, upon notice to Tenant, discharge such lien and treat the cost thereof (including attorneys’ fees incurred in connection therewith) as Additional Rent payable upon demand, it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by reason of the making of any alterations, additions or improvements by or on behalf of Tenant to the Premises under this Section, which obligation shall survive the expiration or termination of this Lease.
(d) In the course of any work being performed by Tenant (including without limitation the “field installation” of any Tenant’s Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in or to the Complex or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities of which Tenant has written notice which control or are under common control with Landlord, or which are controlled by Landlord or, if Landlord is a partnership or limited liability company, by any partner or member of Landlord) and not to anyone claiming through Tenant, employ or permit the use of any labor or otherwise take any action which is reasonably likely to result in a labor dispute involving personnel providing services in the Complex pursuant to arrangements made by Landlord.
(e) Tenant shall forthwith take such actionhave the right to install: (i) Communication Devices (as defined in Exhibit G) on the roof of either Building 37 or Building 131, by bondingand (ii) a backup generator in the location designated on Exhibit A-3 attached hereto, deposit or payment, as will remove or satisfy in each case subject to compliance with the lien.terms and conditions set forth in Exhibit G.
Appears in 1 contract
INSTALLATIONS AND ALTERATIONS BY TENANT. (A) a. Tenant shall not make ---------------------------------------- or perform, or permit the making or performance of, any no alterations, improvements, additions or other physical changes in or about the Premises improvements (collectively, "Alterations"“Improvements”) in or to the Premises without Landlord’s prior written onsent provided that subsequent to the completion of the initial Landlord work, Landlord’s consent shall not be required if such Improvements (other than i) re non-structural Alterations to the interior of the Premises costing less than $20,000 and do not exceed in the aggregate during any 12 month period and not affecting Building systems a cost of Fifty thousand ($50,000.00) or reducing the value or utility (ii) are of a decorating nature (i.e., carpeting, painting, wallpaper) irrespective of the Building) without cost. With respect to Improvements requiring Landlord's prior written ’s consent. , Landlord agrees shall not to unreasonably withhold withhold, condition or delay its consent for non-structural Improvements to any Alterations which are nonstructural, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the BuildingPremises. All Alterations shall be done Improvements shall:
i. Be performed in a good and workmanlike manner and in compliance with all applicable laws;
ii. Be made only by contractors or mechanics approved by Landlord;
iii. Be made at Tenant's ’s sole expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts manner as Landlord may reasonably require, naming Landlord and its agents as additional insuredsfrom time to time designate; and
iv. All materials and equipment to be incorporated in the Building as a result Become part of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulations.
(B) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) b. All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property Property of Tenant and may shall be removed by Tenant at any time prior to before the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or and the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(D) c. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. Whenever and as often as any mechanic's ’s lien shall have been filed against the Premises Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien. Landlord shall have the option, but not the obligation, of removing, bonding over or paying such lien if Tenant has not done so within ten (10) days following Landlord’s notice to Tenant of the filing of the same, and any amounts paid by Landlord therefor shall be paid to Landlord within ten (10) days after invoice therefor as additional rent hereunder.
Appears in 1 contract
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, building cranes), or permit the making or performance of, any alterations, improvements, additions or other physical changes in or about the Premises improvements (collectively, "“Alterations"”) (other than non-structural Alterations in or to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's ’s prior written consent. Landlord agrees not Notwithstanding the foregoing, Tenant shall have the right to unreasonably withhold its consent to any make Alterations which are nonstructural, without Landlord’s approval so long as the same (x) (1) do not involve affect the Building's Structure as defined in Section 8.1 herein or the roof, window frames, outside walls, or the HVAC or other building systems of the Building and are not visible from outside the Building, provided that such Alterations (2) do not reduce the value have an aggregate cost of more than $15,000 in any one year or utility of the Building(y) are internal reconfigurations, carpet, paint or other decorations. All Alterations made by Tenant shall be done at Tenant's expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals workmanlike manner and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws laws, ordinances and regulations.
; (Bii) All Alterations be made at Tenant’s sole cost and all fixtures, paneling, partitions, railings, equipment expense; become part of the Premises and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord Landlord, (unless otherwise agreed approved in writing by Landlord or Landlord elects in writing to require Tenant to remove the same upon Tenant’s surrender of the Premises); and Tenant(iii) and remain upon and be surrendered coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the Premises unless Landlord, by notice to Tenant given on construction or before the expiration operation of the Term of this LeaseBuilding. At Landlord’s request, elects Tenant shall, before its work is started, secure assurances satisfactory to relinquish Landlord's right thereto and to have them removed by Tenant, Landlord in which event, they shall be removed by Tenant at the expiration or earlier termination its reasonable discretion protecting Landlord against claims arising out of the Term furnishing of this Lease labor and at Tenant's expense. Tenant shall repair any damage to materials for the Premises or the Building caused by any removal of such Alterations.
(Cb) All trade fixtures, articles of personal property and all business fixtures (except building cranes), machinery and equipment equipment, including resin tanks, and furniture owned or installed by Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration or earlier termination of this Leasethe Term, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality.
(d) Notice is hereby given given, and Landlord and Tenant hereby agree, that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, the Building or the Property. Whenever and as often To the maximum extent permitted by law, before such time as any mechanic's contractor commences to perform work on behalf of Tenant, Tenant shall obtain from such contractor (and any subcontractors), and shall furnish to Landlord, a written statement acknowledging the provisions set forth in the immediately preceding sentence. Tenant agrees to pay promptly when due the entire cost of any work done on behalf of Tenant, Tenant’s Agents or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to all or any part of the Land and to immediately to discharge any such liens which may so attach. If, notwithstanding the foregoing, any lien shall have been is filed against all or any part of the Premises based upon any act of, or Land for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or Tenant’s Agents or independent contractors, Tenant, at its sole cost and expense, shall immediately cause such lien to be dissolved within thirty (30) days) after receipt of notice that such lien has been filed, by the payment thereof or of, for or by the filing of a bond sufficient to anyone claiming through Tenant, accomplish the foregoing and shall deliver to Landlord evidence thereof within three (3) days of such dissolution. If Tenant shall forthwith take fail to discharge any such actionlien, Landlord may, at its option, discharge such lien and treat the cost thereof (including attorneys’ fees incurred in connection therewith) as Additional Rent payable upon demand, it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by bondingreason of the making of any Alterations by or on behalf of Tenant to the Premises under this Section, deposit which obligation shall survive the expiration or payment, as will remove or satisfy the lienearlier termination of this Lease.
Appears in 1 contract
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance of, any alterations, improvements (including Tenant's initial improvements, additions or other physical changes ) in or about to the Premises (collectively, "Alterations") (other than non-structural Alterations to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent. consent (Landlord agrees agreeing hereby that such consent shall not to be unreasonably withhold its consent withheld or delayed with respect to any Alterations proposed alteration or addition which are nonstructural, do will not involve affect (i) the Building's structural elements or utilities systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Building. All Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental the exterior appearance of the Building or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies the appearance of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in any common area of the Building as a result of all alterations or the Office Park). Any such alterations, additions or improvements shall (i) be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in a good and workmanlike manner and in compliance with Building standards, the applicable provisions of Article IV, and all applicable laws and regulations.
(BWithout limitation, if, because of alterations, additions or improvements undertaken (or proposed to be undertaken) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which eventapplicable laws require additional alterations, they shall be removed by Tenant at the expiration additions or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage improvements to the Premises or the Building caused which would not have been required but for Tenant's additions, etc. (or proposed additions, etc.), Tenant shall be obligated, at its sole cost and expense, to undertake and complete all such additional alterations, additions or improvements.), (ii) be made only by Landlord's contractor or by contractors or mechanics approved by Landlord (all as provided in subsection 4.3(d), above), (iii) be made at Tenant's sole expense and at such times as Landlord may designate, and (iv) become part of the Premises and the property of Landlord. Xxxxxx agrees not to employ or permit the use of any removal labor or otherwise take any action which might result in a labor dispute involving personnel providing services, labor or material in the Building or the Office Park pursuant to arrangements made by Landlord or Xxxxxxxx's contractor. Furthermore, Xxxxxx agrees that it will not permit any contractors or other persons retained by Tenant to make alterations, additions or improvements on the Premises to commence their activities until such time as Landlord has received Certificates of Insurance confirming that such Alterationspersons maintain public liability, automobile liability, workmen's compensation and other insurance required by Landlord, in amounts satisfactory to Landlord.
(Cb) All trade fixtures, articles of personal property and all business machinery and fixtures, machinery, equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration of this Leasethe Term, provided that Tenant, at its expense, shall repair repair, to the satisfaction of Landlord, any damage to the Premises or the Building Property caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. Whenever and as often as any mechanic's lien shall have been filed against the Premises Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien.
Appears in 1 contract
Samples: Standard Office Lease (Physicians Quality Care Inc)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not may make ---------------------------------------- or perform, or permit the making or performance of, any non-structural alterations, improvements, additions or other physical changes improvements in or about to the Premises (collectively, "Alterations") (other than non-structural Alterations to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without provided that Tenant has first obtained Landlord's ’s prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructuralAny such alterations, do not involve the Building's systems additions or improvements shall (i) be in accordance with complete plans and are not visible from outside the Buildingspecifications approved by Landlord, provided that such Alterations do not reduce the value (ii) be performed in a good and workmanlike manner and in compliance with all applicable laws, (iii) be made only by contractors or utility of the Building. All Alterations shall mechanics approved by Landlord, (iv) be done made at Tenant's ’s sole expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior such manner as Landlord may from time to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodiestime designate, and (iiiv) become part of the Premises and the property of Landlord. Under no circumstances shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all make any structural alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulationsPremises.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its sole expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. Whenever and as often as any mechanic's ’s lien shall have been filed against the Premises Property or the Office Park based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien.
Appears in 1 contract
Samples: Lease (RXi Pharmaceuticals Corp)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not may make ---------------------------------------- non-structural alterations, additions or performimprovements in or to the Premises provided that, or permit the making or performance of, with respect to any alterations, improvements, additions or other physical changes improvements costing more than $5,000 in or about the Premises any one instance (collectively, "Significant Alterations") (other than non-structural Alterations to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without ), Tenant has first obtained Landlord's prior written consent, which shall not be unreasonably withheld, delayed or conditioned. Landlord agrees not Any such alterations, additions or improvements shall (i) with respect to unreasonably withhold its consent to any Alterations which are nonstructuralSignificant Alterations, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Building. All Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord complete plans and specifications for each proposed Alterationapproved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned, (ii) shall, at its expense, obtain all permits, approvals be performed in a good and certificates required by any governmental or quasi-governmental bodies, workmanlike manner and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulations.
laws, (Biii) All Alterations and all fixtureswith respect to Significant Alterations, panelingbe made only by contractors or mechanics approved by Landlord, partitionswhich approval shall not be unreasonably withheld, railingsdelayed or conditioned, equipment and like installations installed in the Building (iv) be at any time either by Tenant or by Landlord on Tenant's behalf shallsole expense, upon installation, become the property of Landlord and (unless v) except for Tenant's Removable Property (as hereinafter defined) and as otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with , become part of the Premises unless and the property of Landlord, by notice to . Tenant given on or before may request the expiration agreement of Landlord if at any time during the Term Tenant wishes to make an alteration that Xxxxxx believes to be a part of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expenseRemovable Property, Landlord shall respond within five (5) business days to Xxxxxx's request. Under no circumstances shall Tenant shall repair make any damage structural alterations to the Premises or the Building caused by any removal of such AlterationsPremises.
(Cb) All trade fixtures, articles of personal property and all trade and business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, shall remain the property Property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. Whenever and as often as any mechanic's lien shall have been filed against the Premises Property or the Office Park based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien within ten days after Xxxxxx receives notice of such lien.
Appears in 1 contract
Samples: Lease Agreement (Mangosoft Inc)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance of, any alterations, improvements, additions or other physical changes in or about the Premises improvements (collectively, "Alterations") in or to the Premises (including any Alterations, other than non-structural Alterations to the interior Landlord's Work, necessary for Tenant's initial occupancy of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the BuildingPremises) without Landlord's prior written consent. Landlord agrees , which consent shall not be unreasonably withheld or delayed with respect to unreasonably withhold its consent to any non-structural Alterations which are nonstructural, that do not affect or involve the Building's electrical, plumbing or mechanical systems and are not visible from outside or any other Building systems. Notwithstanding the Buildingforegoing, provided that such Alterations do not reduce Tenant shall have the value or utility of the Buildingright to make interior, non-structural alterations costing less than $5,000.00 per project without Landlord's consent. All Any Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules the Rules and regulations established Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. Prior to making any Alterations, Tenant All work shall be (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals workmanlike manner and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws laws, ordinances and regulations; (ii) be made at Tenant's sole cost and expense; (iii) become part of the Premises and the property of Landlord; and (iv) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or unreasonably interfere with the construction or operation of the Building. At Landlord's reasonable request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration or earlier termination of this Leasethe Term, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, the Building or the Property. Whenever and as often To the maximum extent permitted by law, before such time as any mechanic's contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Tenant agrees to pay promptly when due the entire cost of any work done on behalf of Tenant, its agents, employees or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to all or any part of the Property and immediately to discharge any such liens which may so attach. If, notwithstanding the foregoing, any lien shall have been is filed against all or any part of the Premises based upon any act of, or Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or its agents, employees or independent contractors, Tenant, at its sole cost and expense, shall cause such lien to be dissolved promptly after receipt of notice that such lien has been filed, by the payment thereof or ofby the filing of a bond sufficient to accomplish the foregoing. If Tenant shall fail to discharge any such lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including attorneys' fees incurred in connection therewith) as Additional Rent payable upon demand, it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by reason of the making of any alterations, additions or improvements by or on behalf of Tenant to the Premises under this Section, which obligation shall survive the expiration or termination of this Lease.
(d) In the course of any work being performed by Tenant (including, without limitation, the "field installation" of any Tenant's Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in the Building or on the Property or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or to anyone claiming through Tenantare under common control with or are controlled by Landlord or, Tenant shall forthwith take such actionif Landlord is a partnership or limited liability company, by bonding, deposit any partner or payment, as will remove member of Landlord) and not to employ or satisfy permit the lienuse of any labor or otherwise take any a&on which might result in a labor dispute involving personnel providing services in the Building or on the Property pursuant to arrangements made by Landlord.
Appears in 1 contract
Samples: Lease (Telehublink Corp)
INSTALLATIONS AND ALTERATIONS BY TENANT. (A) a. Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purpose hereof, wall-to-wall carpeting), or permit the making or performance of, any alterations, improvements, additions or other physical changes improvements in or about the Premises (collectively, "Alterations") (other than non-structural Alterations to the interior of the Demised Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consentconsent in each instance obtained. Any such alterations, additions or improvements shall (i) be in accordance with complete plans and specifications approved by Landlord agrees not (ii) be performed using new materials in a good and workmanlike manner in accordance with sound building practices and in compliance with all applicable laws, (iii) be made only by contractors or mechanics approved by Landlord and who (A) carry general liability and property damage insurance in type and amount acceptable to unreasonably withhold its consent Landlord and (B) have filed xxxx xxxxx, lien waivers or the like in such form as is acceptable to any Alterations which are nonstructuralLandlord in Landlord's sole discretion, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Building. All Alterations shall (iv) be done made at Tenant's sole expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts manner as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment from time to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall time designate; (v) be subject to any lienLandlord's construction management charge equal to ten percent (10%) of the total costs of such alterations, encumbrance, chattel mortgage, title retention additions or security agreement. All work performed by Tenant to improvements; and (vi) become part of the Demised Premises shall be done in compliance with all applicable laws and regulations.
(B) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord. Unless otherwise stated in Landlord's consent, Landlord (unless otherwise agreed reserves the right to require such alterations, additions or improvements placed in writing or upon the Demised Premises by Landlord Tenant, or portions thereof, to be removed by Tenant, and to replace previously removed improvements, all at Tenant) and remain upon and be surrendered with the Premises unless Landlord's expense, by notice prior to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such AlterationsTerm.
(C) b. All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant or solely at its expense in the Demised Premises ("Tenant's Removable Property") shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Demised Premises or and the Building caused by any such installation and/or removal of Tenant's Removable Propertyor removal.
(D) Notice is hereby given that c. In no event shall Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and or to the Demised Premises. Whenever and as often as any mechanic's lien shall have been filed against the Premises Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien within thirty (30) days from the filing of such lien. No work which Landlord permits Tenant to perform shall be deemed to be for the immediate use and benefit of Landlord.
d. In the course of any work being performed by Tenant, including without limitation the "field installation" of any Tenant's Removable Property, Tenant agrees to use labor compatible with that being employed by Landlord for work in or to the Building or other buildings owned by Landlord or its affiliates, and not to employ or permit to use any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building or other properties owned or managed by Landlord or its affiliates.
e. If Tenant shall make or cause to be made at its own expense any alteration, addition or improvement to the Demised Premises which shall result in an increase in the Taxes, then Tenant shall pay, in addition to the Base Rent and other charges, the entire increase in such Taxes attributable to such alteration, addition or improvement.
f. Landlord shall have the right at any time to alter, repair or improve any portion of the Demised Premises, the Building or the Property. Landlord and its representatives or any such purpose may enter on or about the Demised Premises, the Building or the Property with all such material and erect scaffolding and all other necessary structures. Tenant waives any claim for any damage or inconvenience which may arise unless caused solely by Landlord's negligence.
Appears in 1 contract
Samples: Lease Agreement (Cdnow N2k Inc)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance of, any alterations, improvements, additions or other physical changes in or about the Premises improvements (collectively, "AlterationsALTERATIONS") (other than non-structural Alterations in or to the interior Premises (including any Alterations necessary for Tenant's initial occupancy of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the BuildingPremises) without Landlord's prior written consent. Landlord agrees , which consent shall not be unreasonably withheld or delayed with respect to unreasonably withhold its consent to any non-structural Alterations which are nonstructural, that do not affect or involve the Building's electrical, plumbing or mechanical systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Buildingany other Building systems. All Any Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules the Rules and regulations established Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. Prior to making any Alterations, Tenant All work shall (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals workmanlike manner and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws laws, ordinances and regulations; (ii) be made at Tenant's sole cost and expense; (iii) become part of the Premises and the property of Landlord; and (iv) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the construction or operation of the Building. At Landlord's request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. Tenant shall promptly reimburse Landlord for all reasonable costs, including attorneys', architects', engineers', and consultants' fees, incurred by Landlord in connection with any request from Tenant pursuant to this SECTION 5.2 in an amount not to exceed 5% of the hard construction costs of such alterations.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable PropertyTENANT'S REMOVABLE PROPERLY") shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration or earlier termination of this Leasethe Term, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, the Building or the Property. Whenever and as often To the maximum extent permitted by law, before such time as any mechanic's lien shall have been filed against the Premises based upon any act of, or for contractor commences to perform work claimed to have been done for, or materials furnished to, on behalf of Tenant, or of, for or to anyone claiming through Tenant, Tenant such contractor (and any subcontractors) shall forthwith take such action, by bonding, deposit or payment, as will remove or satisfy the lien.furnish
Appears in 1 contract
Samples: Lease (Compbenefits Corp)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance of, any alterations, improvements, additions or other physical changes in or about the Premises improvements (collectively, "Alterations") (other than non-structural Alterations in or to the interior Premises (including any Alterations necessary for Tenant's initial occupancy of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the BuildingPremises) without Landlord's prior written consent. Landlord agrees , which consent shall not be unreasonably withheld or delayed with respect to unreasonably withhold its consent to any non-structural Alterations which are nonstructural, that do not materially adversely affect or involve the Building's life safety, HVAC, electrical, plumbing or mechanical systems or any other Building systems. Any Alterations shall be in accordance with the Rules and are not visible from outside Regulations in effect with respect thereto and with plans and specifications meeting the Building, provided that such Alterations do not reduce requirements set forth in the value or utility of the BuildingRules and Regulations and approved in advance by Landlord. All Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals workmanlike manner and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws laws, ordinances and regulations.
; (Bii) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building be made at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installationsole cost and expense; (iii) at the election of Landlord, become part of the Premises and the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, except for all articles of personal property and all property, business machinery and fixtures, machinery, equipment and furniture owned or installed by Tenant solely at its expense in the Premises Premises, including without limitation, Tenant's Rooftop Equipment as defined in Section 15.18(a) (collectively, "Tenant's Removable Property"); and (iv) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the construction or operation of the Building. At Landlord's request, Tenant shall, remain before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. Notwithstanding the foregoing, Tenant shall have the right to make Alterations without Landlord's approval so long as the same (1) do not affect the Structure as defined in Section 7.1 herein or the roof, window frames, outside walls, or building systems of the Building and (2) do not have an aggregate cost of more than $50,000 in any one year. If any Alterations shall involve the removal of fixtures, equipment or other property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to in the Premises or the Building caused by any installation and/or removal of which are not Tenant's Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality.
(Db) Notice is hereby given given, and Landlord and Tenant hereby agree, that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, the Building or the Property. Whenever and as often To the maximum extent permitted by law, before such time as any mechanic's contractor commences to perform work on behalf of Tenant, Tenant shall obtain from such contractor (and any subcontractors) and shall furnish to Landlord, a written statement acknowledging the provisions set forth in the immediately preceding sentence. Tenant agrees to pay promptly when due the entire cost of any work done on behalf of Tenant, its agents, employees or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to all or any part of the Property and immediately to discharge any such liens which may so attach. If, notwithstanding the foregoing, any lien shall have been is filed against all or any part of the Premises based upon any act of, or Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or its agents, employees or independent contractors, Tenant, at its sole cost and expense, shall cause such lien to be dissolved promptly after receipt of notice that such lien has been filed, by the payment thereof or ofby the filing of a bond sufficient to accomplish the foregoing. If Tenant shall fail to discharge any such lien upon notice thereof, Landlord may, at its option, discharge such lien and treat the cost thereof (including attorneys' fees incurred in connection therewith) as Additional Rent payable upon demand, it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by reason of the making of any alterations, additions or improvements by or on behalf of Tenant to the Premises under this Section, which obligation shall survive the expiration or termination of this Lease.
(c) In the course of any work being performed by Tenant (including, without limitation, the "field installation" of any Tenant's Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in the Building or on the Property or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or to anyone claiming through Tenantare under common control with or are controlled by Landlord or, Tenant shall forthwith take such actionif Landlord is a partnership or limited liability company, by bonding, deposit any partner or payment, as will remove member of Landlord) and not to employ or satisfy permit the lienuse of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building or on the Property pursuant to arrangements made by Landlord.
Appears in 1 contract
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance of, any alterations, improvements, additions or other physical changes in or about the Premises improvements (collectively, "Alterations") (other than non-structural Alterations in or to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building(including Tenant's Work) without Landlord's prior written consent. Landlord agrees , which consent shall not to be unreasonably withhold its consent to any withheld, conditioned or delayed, except that if the Alterations which are nonstructural, do not affect or involve the Building's electrical, plumbing or mechanical systems and are not visible from outside or any other Building systems, or the roof of the Building, provided and such Alterations affect other tenants of the Building or the Property, or the Common Facilities, then Landlord's consent shall be granted or withheld in its sole discretion. Notwithstanding the foregoing, Tenant may, without the necessity of acquiring Landlord's consent, perform non-structural Alterations that do not affect or involve the Building's electrical, plumbing or mechanical systems or any other Building systems, or the roof of the Building, and such Alterations do not reduce the value or utility affect other tenants of the BuildingBuilding or the Property, or the Common Facilities, and do not exceed $20,000.00 in cost in each instance. All Any Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules the Rules and regulations established Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Prior to making any Alterations, Tenant All work shall (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals workmanlike manner and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws laws, ordinances and regulations; (ii) be made at Tenant's sole cost and expense (subject to Landlord's Contribution with respect to Tenant's Work only); (iii) become part of the Premises and the property of Landlord, except for those items specified on Exhibit K attached hereto and incorporated herein; and (iv) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or unreasonably interfere with the construction or operation of the Building. At Landlord's request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality. Except with respect to Tenant's Work, Tenant shall promptly reimburse Landlord for all reasonable costs, including attorneys', architects', engineers', and consultants' fees, incurred by Landlord in connection with any request from Tenant pursuant to this Section 5.2. Notwithstanding the foregoing, Tenant has the right to install an acid neutralization tank (the "Tank"), as well as all associated piping, provided that such Tank and piping be not more than six (6) feet below the finished floor of the Building. Such installation shall be subject to Landlord's prior approval, which approval shall not be unreasonably withheld, and the provisions of this Section 5.2.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration or earlier termination of this Leasethe Term, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, the Building or the Property. Whenever and as often To the maximum extent permitted by law, before such time as any mechanic's contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Tenant agrees to pay when due the entire cost of any work done on behalf of Tenant, its agents, employees or independent contractors. If any lien shall have been is filed against all or any part of the Premises based upon any act of, or Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or its agents, employees or independent contractors and a subsequent Statement of Account is recorded pursuant to M.G.L.c. 254, ss.8, Tenant, at its sole cost and expense, shall cause such lien to be dissolved promptly within ten (10) days after receipt of notice that such lien has been filed, by the payment thereof or ofby the filing of a bond sufficient to accomplish the foregoing. If Tenant shall fail to discharge any such lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including attorneys' fees incurred in connection therewith) as Additional Rent payable upon demand, it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the Event of Default in not discharging such lien. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by reason of the making of any alterations, additions or improvements by or on behalf of Tenant to the Premises under this Section, which obligation shall survive the expiration or termination of this Lease.
(d) In the course of any work being performed by Tenant (including, without limitation, the "field installation" of any Tenant's Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in the Building or on the Property or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or to anyone claiming through Tenantare under common control with or are controlled by Landlord or, Tenant shall forthwith take such actionif Landlord is a partnership or limited liability company, by bonding, deposit any partner or payment, as will remove member of Landlord) and not to employ or satisfy permit the lienuse of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building or on the Property pursuant to arrangements made by Landlord.
Appears in 1 contract
Samples: Lease Agreement (Repligen Corp)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance of, any alterations, improvements, additions or other physical changes in or about the Premises improvements (collectively, "Alterations") in or to the Premises (including any Alterations, other than Landlord's Work, necessary for Tenant's initial occupancy of the Premises) without Landlord' s prior written consent, which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural, that do not affect or involve the Building's ' s electrical, plumbing or mechanical systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Buildingany other Building systems. All Any Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules the Rules and regulations established Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. Prior to making any Alterations, Tenant All work shall be (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals workmanlike manner and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws laws, ordinances and regulations.
; (Bii) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building be made at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, sole cost and expense; (iii) become part of the Premises and the property of Landlord unless Landlord shall require their removal as provided in this Lease; and (unless otherwise agreed in writing iv) be coordinated with any work being performed by Landlord and Tenant) and remain upon and be surrendered in such a manner as not to damage the Building or interfere with the Premises unless Landlord, by notice to Tenant given on construction or before the expiration operation of the Term of this Lease, elects to relinquish Building. At Landlord's right thereto request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and to have them removed by materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant' s Removable Property, in which eventsuch fixtures, they equipment or property shall be removed promptly replaced by Tenant at the expiration its expense with new fixtures, equipment or earlier termination property of the Term like utility and of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterationsleast equal quality.
(Cb) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration or earlier termination of this Leasethe Term, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, the Building or the Property. Whenever and as often To the maximum extent permitted by law, before such time as any mechanic's contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Tenant agrees to pay promptly when due the entire cost of any work done on behalf of Tenant, its agents, employees or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to all or any part of the Property and immediately to discharge any such liens which may so attach. If, notwithstanding the foregoing, any lien shall have been is filed against all or any part of the Premises based upon any act of, or Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or its agents, employees or independent contractors, Tenant, at its sole cost and expense, shall cause such lien to be dissolved promptly after receipt of notice that such lien has been filed, by the payment thereof or ofby the filing of a bond sufficient to accomplish the foregoing. If Tenant shall fail to discharge any such lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including reasonable attorneys fees incurred in connection therewith) as Additional Rent payable upon demand, it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by reason of the making of any alterations, additions or improvements by or on behalf of Tenant to the Premises under this Section, which obligation shall survive the expiration or termination of this Lease.
(d) In the course of any work being performed by Tenant (including, without limitation, the "field installation" of any Tenant's Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in the Building or on the Property or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or to anyone claiming through Tenantare under common control with or are controlled by Landlord or, Tenant shall forthwith take such actionif Landlord is a partnership or limited liability company, by bonding, deposit any partner or payment, as will remove member of Landlord) and not to employ or satisfy permit the lienuse of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building or on the Property pursuant to arrangements made by Landlord.
Appears in 1 contract
Samples: Lease (Sonus Networks Inc)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Except as expressly provided herein, Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance of, any alterations, improvements, additions or other physical changes improvements in or about to the Premises (collectively, "Alterations") (other than non-structural Alterations to the interior of the Premises costing less than $20,000 in the aggregate during including any 12 month period and not affecting Building systems or reducing the value or utility of the Buildinginitial improvements necessary for Tenant's occupancy) without Landlord's prior written consent. Landlord agrees , which shall not be unreasonably withheld, conditioned or delayed with respect to unreasonably withhold its consent to any Alterations which are nonstructural, non-structural alterations that do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility adversely affect any of the BuildingBuilding systems. All Alterations Landlord's consent shall not be done required for (i) any purely cosmetic alteration that does not affect any Building system, and (ii) any non-structural alteration that does not affect any Building system and costs less than $50,000 in any one instance. Any alterations, additions or improvements for which Landlord's consent is required shall (i) be in accordance with complete plans and specifications meeting the requirements set forth in Exhibit PR and approved by Landlord, (ii) be in accordance with the standards set forth in Exhibit BS attached hereto, (iii) be made only in accordance with the procedures set forth in Exhibit TW attached hereto by contractors or mechanics approved by Landlord, (iv) be made at Tenant's sole expense and at such reasonable times and in accordance with any such reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts manner as Landlord may reasonably require, naming Landlord from time to time designate and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulations.
(Bv) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become part of the Premises and the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice provided that Landlord reserves the right, at the time that Landlord consents to Tenant given on or before such alterations, to require the expiration removal of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at any non-standard office alterations upon the expiration or earlier termination of the Term of this Lease and at Lease. Notwithstanding the foregoing, Tenant shall not be required to remove any items of Landlord's Work installed as part of Tenant's expense. initial occupancy of the Premises, nor any wiring or cabling installed by Tenant shall repair any damage from time to time during the Premises or the Building caused by any removal of such AlterationsTerm.
(Cb) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, shall remain the property Property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. To the maximum extent permitted by law, at such time as any contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the previous sentence. Whenever and as often as any mechanic's lien shall have been filed against the Premises Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien.
(d) In the course of any work being performed by Tenant, (other than "field installations" of Tenant's Removable Property and the installation of any wiring and cabling), Landlord reserves the right to require Tenant to employ union labor compatible with that being employed by Landlord for work in or to the Building, and not to employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services or construction in the Building pursuant to arrangements made by Landlord.
Appears in 1 contract
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or perform, or permit the making or performance of, any no alterations, improvements, additions or improvements (including, but not be limited to, the installation or alteration of security or fire protection systems, communication systems, millwork, shelving, file retrieval or storage systems, carpeting or other physical changes floor covering, window and wall coverings, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing) in or about to the Premises (collectivelyincluding, "Alterations") (other than non-structural Alterations to the interior any improvements necessary for Tenant’s initial occupancy of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the BuildingPremises) without Landlord's ’s prior written consent. Landlord agrees , which shall not be unreasonably withheld and shall not be required for (i) any standard “floating” shelving or cubicles to unreasonably withhold its consent to be installed or moved within the Premises or (ii) any Alterations which are nonstructuralcosmetic alterations, do in either case that (x) does not involve require a building or other permit or approval, (y) does not affect the Building's Building structure or systems and are (z) does not visible from outside cost more than $25,000.00. Any such alterations, additions or improvements shall be in accordance with plans and specifications (to the Building, provided that extent plans and/or specifications would customarily be prepared for such Alterations do not reduce the value or utility of the Buildingwork) approved in advance by Landlord. All Alterations of Tenant’s alterations and additions and installation and delivery of telephone systems, furnishings, and equipment shall be done coordinated with any work being performed by Landlord and shall be performed in such manner, and by such persons as shall maintain harmonious labor relations and not cause any damage to the Building or interference with Building construction or operation. Such work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable laws, (ii) be made at Tenant's ’s sole cost and expense and at such times and in accordance with any reasonable rules and the construction regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodiesset forth in Exhibit C attached hereto, and (iii) shall furnish become part of the Premises and the property of Landlord. If at the time of requesting Landlord’s consent to any alteration, addition or improvement, Tenant requests in writing that Landlord duplicate original policies of worker's compensation insurance (covering all persons make a determination as to whether Landlord will require the same to be employed by removed at the expiration or termination of this Lease, then except to the extent Landlord notifies Tenant and Tenant's contractors and subcontractors in connection with writing at the time Landlord gives its consent that such Alteration) and comprehensive public liability (including property damage coverage) insurance in such formalteration, with such companiesaddition or improvement need not be removed at the expiration or sooner termination of the Term, for such periods and in such amounts as then Landlord may reasonably requiresubsequently require that Tenant remove such alteration, naming Landlord addition or improvement and its agents as additional insuredsrestore the Premises (and any affected portions of the Building) to their prior condition, at Tenant’s expense, at the expiration or sooner termination of this Lease. All materials and equipment to be incorporated in the Building as a result of all If any alterations or improvements shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least comparable quality equal quality. Tenant agrees to pay promptly when due, and to defend and indemnify Landlord from and against, the entire cost of any work done on the Premises by Tenant, its agents, employees or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the then existing improvements. No Building or the Property and promptly to discharge (by bonding or otherwise) any such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulationsliens which may so attach.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by such removal. Any Tenant’s Removable Property shall be installed at the sole risk of Tenant and shall be insured by Tenant in accordance with Article X. In connection with the installation of telecommunication equipment by Tenant, such installation shall occur only in such locations and in such a manner as approved in writing by the Landlord (which approval shall not be unreasonably delayed, conditioned or withheld) and none of such wires, ducts or equipment shall be located in areas outside the Premises Notwithstanding any installation and/or other provision of this Lease, at the request of Landlord, telecommunication wires, ducts or equipment installed by the Tenant shall be removed by Tenant at the expiration of the Term or earlier termination of this Lease, and all damage caused by such removal of Tenant's Removable Property.repaired. Telephone switches, antennae, electronic distribution boxes and similar equipment shall only be located within the Premises
(Dc) In any case, at the time of Landlord’s approval, Tenant shall pay to Landlord a fee equal to four percent (4%) of the cost any alteration, addition or improvement for which Tenant requests Landlord’s consent to compensate Landlord for the overhead and other costs it incurs in reviewing the plans therefor and in monitoring the construction. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. To the maximum extent permitted by law, before such time as any contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Whenever and as often as any mechanic's ’s lien shall have been filed against the Premises Building or the Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien.
(d) In the course of any work being performed by Tenant (including without limitation the “field installation” of any Tenant’s Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in or to the Building or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or are under common control with Landlord, or which are controlled by Landlord or, if Landlord is a partnership, by any partner of Landlord) and not to employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building pursuant to arrangements made by Landlord.
Appears in 1 contract
INSTALLATIONS AND ALTERATIONS BY TENANT. (A) a. Tenant shall not make ---------------------------------------- or perform, or permit the making or performance of, any no alterations, improvements, additions or other physical changes in or about the Premises improvements (collectively, "AlterationsImprovements") (other than non-structural Alterations in or to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent provided that subsequent to the completion of the initial Landlord Work, Landlord's consent shall not be required if such Improvements (i) are non-structural and do not exceed in the aggregate a cost of $10,000 or (ii) are of a decorating nature (i.e., carpeting, painting, wallpaper) irrespective of the cost. With respect to Improvements requiring Landlord's consent, Landlord shall not unreasonably withhold, condition or delay its consent for non-structural Improvements to the Premises. All Improvements shall:
i. Be performed in a good and workmanlike manner and in compliance with all applicable laws;
ii. Be made only by contractors or mechanics approved by Landlord which consent shall not be unreasonably withheld, conditioned or delayed provided that Tenant agrees not to unreasonably withhold its consent employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building pursuant to any Alterations which are nonstructural, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Buildingarrangements made by Landlord;
iii. All Alterations shall be done Be made at Tenant's sole expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts manner as Landlord may reasonably require, naming Landlord and its agents as additional insuredsfrom time to time designate; and
iv. All materials and equipment to be incorporated in the Building as a result Become part of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulations.
(B) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) b. All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, shall remain the property Property of Tenant and may shall be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or and the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(D) c. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. Whenever and as often as any mechanic's lien shall have been filed against the Premises Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien. Landlord shall have the option, but not the obligation, of removing, bonding over or paying such lien if Tenant has not done so within fifteen (15) days following Landlord's notice to Tenant of the filing of the same, and any amounts paid by Landlord therefor shall be paid to Landlord within 10 business days after invoice therefor as additional rent hereunder.
d. Tenant shall not be obligated to remove at the end of the Term of this Lease (i) any Improvement unless Landlord specifies an Improvement for removal at the time Landlord consents to such Improvement or (ii) any improvements built by Landlord as part of the initial fit-up of the Premises which would customarily be considered standard tenant improvement (collectively referred to herein as "Building Standard Office Improvements").
Appears in 1 contract
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall to wall carpeting), or permit the making or performance ofimprovements (collectively, any alterations, improvements, additions or other physical changes “Alterations”) in or about to the Premises (collectivelyincluding Tenant’s Work and any other Alterations necessary for Tenant’s initial occupancy of the Premises) or any Base Building Systems serving the Premises without Landlord’s prior written consent, "Alterations") (other than which consent shall not be unreasonably withheld or delayed with respect to non-structural Alterations to the interior that do not affect or involve any portion of the Premises costing less than $20,000 Base Building or the Base Building Systems. Any Alterations shall be in accordance with Landlord’s Rules and Regulations from time to time in effect and with plans and specifications meeting the aggregate during any 12 month period requirements set forth in such Rules and not affecting Building systems or reducing the value or utility of the Building) without Regulations and approved in advance by Landlord's prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Building. All Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals workmanlike manner using only new and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All only quality materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws Laws; (ii) be made at Tenant’s sole cost and regulations.
expense; (Biii) All Alterations become part of the Premises and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease unless Landlord otherwise notifies Tenant such Alteration must be removed as provided in Section 5.2(e) below; (iv) be made by contractors and subcontractors approved in advance by Landlord; and (v) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the management, maintenance or operation of the Building. At Landlord’s request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at Tenant's expenseits expense with new fixtures, equipment or property of like utility and of at least equal quality. Tenant shall repair promptly reimburse Landlord for all reasonable costs, including attorneys’, architects’, engineers’, and consultants’ fees, incurred by Landlord in connection with any damage request from Tenant pursuant to this Section 5.2. Tenant acknowledges and agrees that any review or approval by Landlord of any plans and/or specifications with respect to any Alterations is solely for Landlord’s benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise. Landlord shall have the right to require that Tenant use Landlord’s designated structural contractor and architect for the Building for the design and performance of any Alterations affecting the Structural Elements and/or that Tenant use Landlord’s designated fire and life safety contractor and engineer for the Building to perform Tenant’s connection to the Building’s fire alarm system or any Alterations that affect the fire alarm or fire/life safety systems in the Building. Notwithstanding the foregoing, Tenant may, without Landlord’s prior consent but upon notice (which shall reasonably describe the Alterations) to Landlord perform Alterations within the Premises provided (a) the cost of such Alteration does not exceed $25,000 in each instance, (b) such work does not affect the structure of the Building or the Building caused by any removal of Systems, and (c) such work does not require a building permit (such Alterations are referred to herein as “Cosmetic Alterations”).
(Cb) All trade fixtures, articles of personal property and all business and trade fixtures, furniture, moveable partitions, freestanding cabinet work, machinery and equipment and furniture owned or installed by Tenant or any party claiming by, through or under Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration or earlier termination of this Leasethe Term, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by such removal. Any provision of this Lease to the contrary notwithstanding, Tenant shall be solely responsible for the ordering, delivery and installation of any installation and/or telephone, telephone switching, telephone and data cabling, and Tenant’s Removable Property to be installed by or on behalf of Tenant in the Premises and for the removal of Tenant's Removable Propertyall telephone and data cabling and all other lines installed in the Building by or on behalf of Tenant or anyone claiming by, through or under Tenant at the expiration or earlier termination of the Term of this Lease.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, the Building or the Property. Whenever and as often To the maximum extent permitted by law, before such time as any mechanic's contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Tenant agrees to pay promptly when due the entire cost of any work done on behalf of Tenant, its agents, employees or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to all or any part of the Property and immediately to discharge any such liens which may so attach. If, notwithstanding the foregoing, any lien shall have been is filed against all or any part of the Premises based upon any act of, or Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or its agents, employees or independent contractors, Tenant, at its sole cost and expense, shall cause such lien to be dissolved promptly after receipt of notice that such lien has been filed, by the payment thereof or ofby the filing of a bond sufficient to accomplish the foregoing. If Tenant shall fail to discharge any such lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including attorneys’ fees incurred in connection therewith) as Additional Rent payable upon demand, it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the Event of Default in not discharging such lien. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by reason of the making of any alterations, additions or improvements by or on behalf of Tenant to the Premises under this Section, which obligation shall survive the expiration or termination of this Lease.
(d) In the course of any work being performed by Tenant (including, without limitation, the installation or removal of any Tenant’s Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in the Building or on the Property or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or are under common control with or are controlled by Landlord or, if Landlord is a partnership or limited liability company, by any partner or member of Landlord) and not to anyone claiming through employ or permit the use of any labor or otherwise take any action which might result in a labor dispute or disharmony involving personnel providing services in the Building or on the Property pursuant to arrangements made by Landlord.
(e) Landlord may, by written notice to Tenant prior to the expiration or earlier termination of the Term of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations in the Premises at the expiration or earlier termination of the Term, to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to a Building standard tenant improved condition as determined by Landlord. If Tenant expressly requests at the time it seeks Landlord’s consent to the installation of Alterations that Landlord notify Tenant whether it will require removal of the same at the expiration or earlier termination of this Lease, Landlord agrees to make and notify Tenant of such determination in writing at the time of its consent to the installation of such Alterations and such written determination shall be binding upon Landlord and its successors. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations in the Premises, and return the affected portion of the Premises to a Building standard tenant improved condition as determined by Landlord, then, without limiting Landlord’s other rights and remedies, at Landlord’s option, either (a) Tenant shall forthwith take be deemed to be holding over in the Premises and Rent shall continue to accrue in accordance with the terms of Article 12, below, until such actionwork shall be completed, by bonding, deposit or payment, as will remove or satisfy (b) Landlord may do so and may charge the liencost thereof to Tenant.
Appears in 1 contract
Samples: Lease Agreement (Arsanis, Inc.)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance of, any alterations, improvements, additions or other physical changes in or about the Premises improvements (collectively, "Alterations") in or to the Premises (including any Alterations, other than non-structural Alterations to the interior Landlord's Work, necessary for Tenant's initial occupancy of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the BuildingPremises) without Landlord's prior written consent. Landlord agrees , which consent shall not be unreasonably withheld or delayed with respect to unreasonably withhold its consent to any non-structural Alterations which are nonstructural, that do not affect or involve the Building's electrical, plumbing or mechanical systems or any other Building systems. Notwithstanding the foregoing, Tenant may make non-structural Alterations that do not affect or involve the Building's electrical, plumbing or mechanical systems or any other Building systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Buildingcosting less than $5,000.00 without Landlord's prior consent. All Any Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules the Rules and regulations established Regulations in effect with respect thereto and with plans and specifications meeting the requirements set forth in the Rules and Regulations and approved in advance by Landlord. Prior to making any Alterations, Tenant All work shall be (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals workmanlike manner and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws laws, ordinances and regulations; (ii) be made at Tenant's sole cost and expense; (iii) become part of the Premises and the property of Landlord; and (iv) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the construction or operation of the Building. At Landlord's request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration or earlier termination of this Leasethe Term, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, the Building or the Property. Whenever and as often To the maximum extent permitted by law, before such time as any mechanic's contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Tenant agrees to pay promptly when due the entire cost of any work done on behalf of Tenant, its agents, employees or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to all or any part of the Property and immediately to discharge any such liens which may so attach. If, notwithstanding the foregoing, any lien shall have been is filed against all or any part of the Premises based upon any act of, or Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or its agents, employees or independent contractors, Tenant, at its sole cost and expense, shall cause such lien to be dissolved promptly after receipt of notice that such lien has been filed, by the payment thereof or ofby the filing of a bond sufficient to accomplish the foregoing. If Tenant shall fail to discharge any such lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including attorneys' fees incurred in connection therewith) as Additional Rent payable upon demand, it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by reason of the making of any alterations, additions or improvements by or on behalf of Tenant to the Premises under this Section, which obligation shall survive the expiration or termination of this Lease.
(d) In the course of any work being performed by Tenant (including, without limitation, the "field installation" of any Tenant's Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in the Building or on the Property or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or to anyone claiming through Tenantare under common control with or are controlled by Landlord or, Tenant shall forthwith take such actionif Landlord is a partnership or limited liability company, by bonding, deposit any partner or payment, as will remove member of Landlord) and not to employ or satisfy permit the lienuse of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building or on the Property pursuant to arrangements made by Landlord.
Appears in 1 contract
Samples: Lease (PSW Technologies Inc)
INSTALLATIONS AND ALTERATIONS BY TENANT. (A) a. Tenant shall not make ---------------------------------------- or perform, or permit the making or performance of, any no alterations, improvements, additions or other physical changes in or about the Premises improvements (collectively, "AlterationsImprovements") (other than non-structural Alterations in or to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent provided that subsequent to the completion of the initial Landlord Work, Landlord's consent shall not be required if such Improvements (i) are non-structural and do not exceed in the aggregate a cost of $15,000 or (ii) are of a decorating nature (i.e., carpeting, painting, wallpaper) irrespective of the cost. With respect to Improvements requiring Landlord's consent, Landlord shall not unreasonably withhold, condition or delay its consent for non-structural Improvements to the Premises. All Improvements shall:
i. Be performed in a good and workmanlike manner and in compliance with all applicable laws;
ii. Be made only by contractors or mechanics approved by Landlord which consent shall not be unreasonably withheld, conditioned or delayed provided that Tenant agrees not to unreasonably withhold its consent employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building pursuant to any Alterations which are nonstructural, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Buildingarrangements made by Landlord;
iii. All Alterations shall be done Be made at Tenant's sole expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts manner as Landlord may from time to time reasonably require, naming Landlord designate; and
iv. Become part of the Premises and its agents as additional insuredsthe property of Landlord. All materials and equipment Tenant agrees not to be incorporated employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building as a result of all alterations or improvements shall be of at least comparable quality pursuant to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed arrangements made by Tenant to the Premises shall be done in compliance with all applicable laws and regulationsLandlord.
(B) b. All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, shall remain the property Property of Tenant and may shall be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or and the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(D) c. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. Whenever and as often as any mechanic's lien shall have been filed against the Premises Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien. Landlord shall have the option, but not the obligation, of removing, bonding over or paying such lien if Tenant has not done so within fifteen (15) days following Landlord's notice to Tenant of the filing of the same, and any amounts paid by Landlord therefor shall be paid to Landlord within 10 business days after invoice therefor as additional rent hereunder.
d. Tenant shall not be obligated to remove at the end of the Term of this Lease (i) any Improvement unless Landlord specifies an Improvement for removal at the time Landlord consents to such Improvement or (ii) any improvements built by Landlord as part of the initial fit-up of the Premises which would customarily be considered standard tenant improvement (collectively referred to herein as "Building Standard Office Improvements").
Appears in 1 contract
INSTALLATIONS AND ALTERATIONS BY TENANT. (A) a. Tenant shall not make ---------------------------------------- or performno alterations, additions, (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance of, any alterations, improvements, additions or other physical changes improvements in or about to the Premises (collectively, "Alterations") (other than non-structural Alterations to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructuralAny such alterations, do not involve the Building's systems additions or improvements shall:
i. Be performed in a good and are not visible from outside the Building, provided that such Alterations do not reduce the value workmanlike manner and in compliance with all applicable laws;
ii. Be made only by contractors or utility of the Buildingmechanics approved by Landlord;
iii. All Alterations shall be done Be made at Tenant's sole expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts manner as Landlord may reasonably require, naming Landlord from time td time designate; and
iv. Become part of the Premises and its agents as additional insuredsthe property of Landlord. All materials and equipment Tenant agrees not to be incorporated employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building as a result of all alterations or improvements shall be of at least comparable quality pursuant to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed arrangements made by Tenant to the Premises shall be done in compliance with all applicable laws and regulationsLandlord.
(B) b. All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, shall remain the property Property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(D) c. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. Whenever and as often as any mechanic's lien shall have been filed against the Premises Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien.
Appears in 1 contract
INSTALLATIONS AND ALTERATIONS BY TENANT.
(Aa) All fixtures installed or used by Tenant shall be new or completely reconditioned. Tenant shall not make or cause to be made any alterations, additions or improvements or install or cause to be installed any trade fixture, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining Landlord's prior written approval and consent and without first obtaining, at Tenant's sole cost and expense, all governmental permits and approvals required for such work ("Permits"). Tenant shall present to the Landlord detailed plans and specifications for such work at the time approval is sought and deliver a copy of all Permits to Landlord prior to commencing any alteration, addition, improvement or installation. All approved alterations, additions, improvements and installations shall comply with all governmental laws, rules, regulations and codes.
(b) Tenant shall not make ---------------------------------------- or perform, or permit the making or performance of, any alterations, improvementsrepairs or installations, additions or perform Tenant's initial work or any other physical changes work to or on the Leased Premises unless prior to the commencement of such work Tenant shall obtain (and during the performance of such work keep in or about force) builders risk, public liability and workmen's compensation insurance to cover every contractor to be employed, and any other insurance reasonably required by Landlord and such insurance shall name Landlord and its designees as additional insureds (including, without limitation, the Premises (collectivelyowner of the Leased Premises, "Alterations") (other than Landlord's managing agent and Landlord designees). Such policies shall be non-structural Alterations cancelable without ten (10) days prior notice to the interior Landlord. The policies shall have amounts of the Premises costing less than $20,000 in the aggregate during any 12 month period coverage, and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Building. All Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules and regulations established issued by companies reasonably satisfactory to Landlord. Prior to making any Alterationsthe commencement of such work, Tenant shall deliver duplicate originals or certificates of such insurance policies to Landlord.
(ic) shall submit To the fullest extend permitted by law, Tenant agrees to indemnify, defend and hold harmless Landlord plans and specifications for each proposed Alterationits designees (including, without limitation, the owner of the Leased Premises, mortgagees and Landlord's managing agent) from any and all claims, suits, damages, liabilities, professional fees including, without limitation, attorney's fees, costs, court costs, expenses and disbursements relating to death, personal injuries or property damage (iiincluding loss of use thereof) arising out of or in connection with the performance of the work of any contractor, its agents, servants, subcontractors or employees, or the use by contractor, its agents, servants, subcontractors or employees, of facilities owned by Landlord. This agreement to indemnify specifically contemplates full indemnity in the event of liability imposed against the Landlord and/or managing agent without negligence and solely by reason of statute, operation of law or otherwise, and partial indemnity in the event of any actual negligence on the part of Landlord or managing agent either causing or contributing to the underlying claim, In that event, indemnification will be limited to any liability imposed over and above that percentage attributable to actual fault, whether by statute, by operation of law or otherwise.
(d) Subject to the terms and provisions of this Lease, Tenant shall, at its own cost and expense, obtain promptly following delivery of possession, construct on the Leased Premises a prototypical Embassy Bank retail bank and all permitsfacilities appurtenant thereto, approvals and certificates required by any governmental or quasi-governmental bodiesincluding, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such formwithout limitation leasehold improvements, with such companiesfixtures, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials furniture and equipment to be incorporated in and the Building as like and a result of all alterations or improvements shall be of at least comparable quality drive through facility appurtenant to the then existing improvementsLeased Premises. No such materials or equipment shall be subject
(e) If Tenant fails to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant commence the construction of the improvements to the Leased Premises shall be done in compliance with all applicable laws and regulations.
(B) All Alterations and all fixtureswithin thirty days of the date of delivery of possession thereof, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by written notice to Tenant given (the "Termination Notice"), have the right to terminate the Lease on or before the expiration terms and conditions set forth herein and recapture the Leased Premises, Any such termination shall be effective as of the Term sixtieth (60th) day after the date of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expenseTermination Notice. Tenant shall repair have the right to vitiate the Termination Notice by providing notice to Landlord that Tenant will commence and diligently pursue to completion the construction of the building and actually commences same within sixty (60) days of receipt of the Termination Notice. At any damage to time after Tenant has opened the Leased Premises or for business fully stocked and staffed as a prototype Embassy Bank facility if Tenant discontinues the Building caused by any removal operation of such Alterations.
(C) All trade fixtures, articles of personal property and all its business machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Leased Premises ("Tenant's Removable Property") shallfor more than three months, remain Landlord shall have the property of Tenant and may be removed by Tenant at any time prior right, upon notice to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenantterminate this Lease effective no earlier than thirty days following Landlord's Removable Property.
(D) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished notice to Tenant. Tenant shall not permit any mechanic's or other lien for any such labor or materials to attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. Whenever and as often as any mechanic's lien shall have been filed against the Premises based upon any act of, or for work claimed to have been done for, or materials furnished to, Tenant, or of, for or to anyone claiming through Tenant, Tenant shall forthwith take such action, by bonding, deposit or payment, as will remove or satisfy the lien. INTIALS: LANDLORD RB TENANT DL
Appears in 1 contract
Samples: Lease (Embassy Bancorp, Inc.)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or perform, or permit the making or performance of, any no alterations, improvements, additions or other physical changes improvements in or about the Premises (collectively, "Alterations") (other than non-structural Alterations to the interior of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the Building) without Landlord's prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructural, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value or utility of the Building. All Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulations.
(B) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of during the Term of this LeaseLease without the prior written consent of Landlord, elects which consent shall not be unreasonably withheld, conditioned or delayed, provided that Tenant fully complies with the provisions of this Section 5.3, and provided further that such consent shall expressly indicate the extent to relinquish Landlord's right thereto and to have them removed by Tenantwhich such alterations, in which event, they shall additions or improvements must be removed by Tenant at the expiration or earlier termination of the Term of this Lease or, if applicable, must then remain on the Premises. Tenant agrees to pay for Landlord's reasonable expenses for professional services it requires to review Tenant's plans and specifications. Landlord shall not, however, require any such removal if the alterations, additions or improvements could be reasonably expected to be reusable by the succeeding tenant in the Premises. Any such alterations, additions or improvements shall (i) be made in accordance with complete construction plans and specifications approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned; (ii) be constructed in a good and workmanlike manner and in compliance with all applicable laws, codes, regulations, permits and approvals required by any governmental entities having jurisdiction therefor; and (iii) be made at Tenant's sole expense. Upon any termination or earlier expiration of this Lease, Tenant shall repair surrender the Premises in the same condition as existed at the Commencement Date, except for normal wear and tear and damage caused by the elements, casualty or any damage other cause for which Tenant might be liable.
(b) Landlord hereby consents to those initial improvements to the Premises or the Building caused by any removal of such Alterationsas set forth on Exhibit D hereto ("Tenant's Initial Leasehold Improvements").
(Cc) All trade fixtures, articles of personal property and all business fixtures, communications equipment, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, shall remain the property of Tenant and may shall be removed by Tenant at any time prior to the expiration or earlier termination of this Lease, provided that and Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dd) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished by contractors, mechanics or suppliers to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. Whenever and as often as any mechanic's lien shall have been filed against the Premises Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lienlien within sixty (60) days after the lien is recorded.
Appears in 1 contract
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno --------------------------------------- alterations, additions (including, for the purposes hereof, wall-to-wall carpeting), or permit the making or performance of, any alterations, improvements, additions or other physical changes improvements in or about to the Premises (collectively, "Alterations") (other than non-structural Alterations to the interior including any improvements necessary for Tenant's initial occupancy of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the BuildingPremises) without Landlord's prior written consent. Landlord agrees , which consent shall not be unreasonably withheld or delayed with respect to unreasonably withhold its consent to any Alterations which are nonstructuralnon-structural alterations, additions and improvements that do not involve affect the Building's systems and are not visible from outside the Buildingelectrical, provided that plumbing or mechanical systems. Any such Alterations do not reduce the value or utility of the Building. All Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterationsalterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations additions or improvements shall be of at least comparable quality in accordance with complete plans and specifications meeting the requirements set forth in the rules and regulations from time to the then existing improvementstime in effect and approved in advance by Landlord. No such materials or equipment Such work shall (i) be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in a good and workmanlike manner and in compliance with all applicable laws laws, (ii) be made at Tenant's sole cost and regulationsexpense and in such a manner as Landlord may from time to time reasonably designate, (iii) be made only in accordance with the rules and regulations from time to time in effect with respect thereto, and (iv) become part of the Premises and the property of Landlord. If any alterations or improvements shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable Property") shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dc) Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. To the maximum extent permitted by law, before such time as any contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Whenever and as often as any mechanic's lien shall have been filed against the Premises Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien.
Appears in 1 contract
Samples: Lease (Lycos Inc)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall not make ---------------------------------------- or performno alterations, additions, or permit the making or performance of, any alterations, improvements, additions or other physical changes in or about the Premises improvements (collectively, "AlterationsALTERATIONS") in or to the Premises (including any Alterations, other than non-structural Alterations to the interior Initial Work, necessary for Tenant's initial occupancy of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the BuildingPremises) without Landlord's prior written consent. Landlord agrees , which consent shall not be unreasonably withheld or delayed with respect to unreasonably withhold its consent to any non-structural Alterations which are nonstructural, that do not materially affect or involve the Building's life safety, heating, ventilating, and air-conditioning ("HVAC"), electrical, plumbing or mechanical systems or any other Building systems. Any Alterations shall be in accordance with the Rules and are not visible from outside Regulations in effect with respect thereto and with plans and specifications meeting the Building, provided that such Alterations do not reduce requirements set forth in the value or utility of the BuildingRules and Regulations and approved in advance by Landlord. All Alterations shall be done at Tenant's expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior to making any Alterations, Tenant (i) shall submit to Landlord plans be performed in a good and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals workmanlike manner and certificates required by any governmental or quasi-governmental bodies, and (iii) shall furnish to Landlord duplicate original policies of worker's compensation insurance (covering all persons to be employed by Tenant and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. All materials and equipment to be incorporated in the Building as a result of all alterations or improvements shall be of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws laws, ordinances and regulations.
; (Bii) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building be made at any time either by Tenant or by Landlord on Tenant's behalf shallsole cost and expense; (iii) except for the Test Pits and Tenant's Removable Property, upon installationas defined in SECTION 6.2(C) below, become part of the Premises and the property of Landlord Landlord, (unless otherwise agreed at the time of Landlord's approval of such Alterations, Landlord elects in writing to require Tenant to remove the same upon Tenant's surrender of the Premises); and (iv) be coordinated with any work being performed by Landlord in such a manner as not to damage the Building or interfere with the construction or operation of the Building. At Landlord's request, Tenant shall, before its work is started, secure assurances satisfactory to Landlord in its reasonable discretion protecting Landlord against claims arising out of the furnishing of labor and materials for the Alterations. Notwithstanding the foregoing, Tenant shall have the right to make Alterations without Landlord's approval so long as the same (1) do not affect the Structure as defined in SECTION 8.1 herein or the roof, window frames, outside walls, or the HVAC or other building systems of the Building and (2) do not have an aggregate cost of more than $10,000 in any one year. In addition, Tenant may apply for such permits as are necessary, and when and if the same are issued, shall have the right to install, at Tenant's sole cost and expense, an above-ground storage tank of up to 1,000 gallons for the storage of liquid nitrogen at the Property at a location to be approved in writing by Landlord and Tenant) and remain upon and Landlord. Such tank shall be surrendered deemed an Alteration hereunder for which Tenant shall be required to comply with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term all other provisions of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they ARTICLE 6. Tenant shall be removed by Tenant required to remove the tank at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterationshereof.
(Cb) If any Alterations shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant's Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least equal quality.
(c) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("Tenant's Removable PropertyTENANT'S REMOVABLE PROPERTY") shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration or earlier termination of this Leasethe Term, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal of Tenant's Removable Propertysuch removal.
(Dd) Notice is hereby given given, and Landlord and Tenant hereby agree, that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises, the Building or the Property. Whenever and as often To the maximum extent permitted by law, before such time as any mechaniccontractor commences to perform work on behalf of Tenant, Tenant shall obtain from such contractor (and any subcontractors), and shall furnish to Landlord, a written statement acknowledging the provisions set forth in the immediately preceding sentence. Tenant agrees to pay promptly when due the entire cost of any work done on behalf of Tenant, Tenant's Agents or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to all or any part of the Land and to immediately to discharge any such liens which may so attach. If, notwithstanding the foregoing, any lien shall have been is filed against all or any part of the Premises based upon any act of, or Land for work claimed to have been done for, or materials claimed to have been furnished to, Tenant or Tenant's Agents or independent contractors, Tenant, at its sole cost and expense, shall immediately cause such lien to be dissolved within thirty (30) days) after receipt of notice that such lien has been filed, by the payment thereof or ofby the filing of a bond sufficient to accomplish the foregoing and shall deliver to Landlord evidence thereof within three (3) days of such dissolution. If Tenant shall fail to discharge any such lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including attorneys' fees incurred in connection therewith) as Additional Rent payable upon demand, it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by reason of the making of any Alterations by or on behalf of Tenant to the Premises under this Section, which obligation shall survive the expiration or earlier termination of this Lease.
(e) In the course of any work being performed by Tenant (including, without limitation, the "field installation" of the Test Pits or any of Tenant's Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in the Building or on the Property or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or to anyone claiming through Tenantare under common control with or are controlled by Landlord or, Tenant shall forthwith take such actionif Landlord is a partnership or limited liability company, by bonding, deposit any partner or payment, as will remove member of Landlord) and not to employ or satisfy permit the lienuse of any labor or otherwise take any action which might foreseeably result in a labor dispute involving personnel providing services in the Building or on the Property pursuant to arrangements made by Landlord.
Appears in 1 contract
Samples: Lease Agreement (Beacon Power Corp)
INSTALLATIONS AND ALTERATIONS BY TENANT. (Aa) Tenant shall make no alterations, additions (including, but not make ---------------------------------------- be limited to, the installation or performalteration of security or fire protection systems, communication systems, millwork, shelving, file retrieval or storage systems, carpeting or other floor covering, window and wall coverings, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing), or permit the making or performance of, any alterations, improvements, additions or other physical changes improvements in or about to the Premises (collectively, "Alterations") (other than non-structural Alterations to the interior including any improvements necessary for Tenant’s initial occupancy of the Premises costing less than $20,000 in the aggregate during any 12 month period and not affecting Building systems or reducing the value or utility of the BuildingPremises) without Landlord's ’s prior written consent. Landlord agrees not to unreasonably withhold its consent to any Alterations which are nonstructuralAny such alterations, do not involve the Building's systems and are not visible from outside the Building, provided that such Alterations do not reduce the value additions or utility of the Building. All Alterations improvements shall be done in accordance with complete plans and specifications approved in advance by Landlord. Such work shall (i) be performed in a good and workmanlike manner and in compliance with all applicable laws, (ii) be made at Tenant's ’s sole cost and expense and at such times and in accordance with any reasonable rules and regulations established by Landlord. Prior such a manner as Landlord may from time to making any Alterations, Tenant (i) shall submit to Landlord plans and specifications for each proposed Alteration, (ii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodiestime designate, and (iii) shall furnish to if Landlord duplicate original policies so elects, become part of worker's compensation insurance (covering all persons to be employed by Tenant the Premises and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including the property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insuredsof Landlord. All materials and equipment to be incorporated in the Building as a result of all If any alterations or improvements shall involve the removal of fixtures, equipment or other property in the Premises which are not Tenant’s Removable Property, such fixtures, equipment or property shall be promptly replaced by Tenant at its expense with new fixtures, equipment or property of like utility and of at least comparable quality to the then existing improvements. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. All work performed by Tenant to the Premises shall be done in compliance with all applicable laws and regulationsequal quality.
(Bb) All Alterations and all fixtures, paneling, partitions, railings, equipment and like installations installed in the Building at any time either by Tenant or by Landlord on Tenant's behalf shall, upon installation, become the property of Landlord (unless otherwise agreed in writing by Landlord and Tenant) and remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant given on or before the expiration of the Term of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they shall be removed by Tenant at the expiration or earlier termination of the Term of this Lease and at Tenant's expense. Tenant shall repair any damage to the Premises or the Building caused by any removal of such Alterations.
(C) All trade fixtures, articles of personal property and all business fixtures, machinery and equipment and furniture owned or installed by Tenant solely at its expense in the Premises ("“Tenant's ’s Removable Property"”) shall, shall remain the property of Tenant and may be removed by Tenant at any time prior to the expiration of this Lease, provided that Tenant, at its expense, shall repair any damage to the Premises or the Building caused by any installation and/or removal such removal. Any Tenant’s Removable Property shall be installed at the sole risk of Tenant's Removable Property.Tenant and shall be insured by Tenant in accordance with Article X.
(Dc) In any case, at the time of Landlord’s approval, Tenant shall pay to Landlord a fee equal to five percent (5%) of the cost any alteration, addition or improvement for which Tenant requests Landlord’s consent to compensate Landlord for the overhead and other costs it incurs in reviewing the plans therefor and in monitoring the construction. No such fee shall, however, be required with respect to minor alterations of a cosmetic nature and for which a building permit is not required. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant. Tenant shall not permit any upon credit, and that no mechanic's ’s or other lien for any such labor or materials to shall attach to or affect the reversion or other estate or interest of Landlord in and to the Premises. To the maximum extent permitted by law, before such time as any contractor commences to perform work on behalf of Tenant, such contractor (and any subcontractors) shall furnish a written statement acknowledging the provisions set forth in the prior clause. Whenever and as often as any mechanic's ’s lien shall have been filed against the Premises Property based upon any act of, or for work claimed to have been done for, interest of Tenant or materials furnished to, Tenant, or of, for or to of anyone claiming through Tenant, Tenant shall forthwith take such action, action by bonding, deposit or payment, payment as will remove or satisfy the lien.
(d) In the course of any work being performed by Tenant (including without limitation the “field installation” of any Tenant’s Removable Property), Tenant agrees to use labor compatible with that being employed by Landlord for work in or to the Building or other buildings owned by Landlord or its affiliates (which term, for purposes hereof, shall include, without limitation, entities which control or are under common control with Landlord, or which are controlled by Landlord or, if Landlord is a partnership, by any partner of Landlord) and not to employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building pursuant to arrangements made by Landlord.
Appears in 1 contract
Samples: Assignment and Assumption (Rhythm Holding Company, LLC)