Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED. b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal. c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease. d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 8 contracts
Samples: Triple Net Office Lease Agreement, Triple Net Office Lease Agreement, Triple Net Office Lease Agreement (Franklin Financial Network Inc.)
Leasehold Improvements. a. Following completion of Landlord’s Work (defined in Exhibit C hereto) and Tenant’s acceptance of the Premises from Landlord, subject to the “punch list” items and latent defects identified in accordance with Section 1(b) above, Tenant accepts the Premises same “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASEHOLD IMPROVEMENTS OR TO LANDLORD’S WORK, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant shall be entitled to a Tenant Improvement Allowance (defined and set forth in Exhibit C). Notwithstanding the Tenant Improvement Allowance, Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Except as may be covered by Tenant’s Improvement Allowance, Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 7 contracts
Samples: Triple Net Office Lease Agreement (Franklin Financial Network Inc.), Triple Net Office Lease Agreement (Franklin Financial Network Inc.), Triple Net Office Lease Agreement (Franklin Financial Network Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 5 contracts
Samples: Office Lease Agreement (Omnisky Corp), Office Lease Agreement (C Bridge Internet Solutions Inc), Office Lease Agreement (Idine Rewards Network Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 4 contracts
Samples: Office Lease Agreement (Ipayment Inc), Office Lease Agreement (Saflink Corp), Office Lease Agreement (Idine Rewards Network Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) At its sole cost and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingexpense, Tenant shall have make the right improvements to the Leased Premises detailed on Exhibit C attached hereto. In making such improvements, the Tenant shall submit plans for such improvements to the Landlord for approval, which approval shall not be unreasonably withheld or delayed. The Tenant shall use a contractor to make interiorsuch improvements using a contractor approved by the Landlord, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do which approval shall not (i) affect the structure be unreasonably withheld or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesdelayed. Tenant shall make or cause to be responsible for made such improvements promptly, in a good workmanlike manner, in compliance with all applicable permits and authorizations and building and zoning laws and all laws, in accordance with the cost orders, rules and regulations of the Board of Fire Insurance Underwriters and any other body hereafter exercising similar functions having or asserting jurisdiction over the Leased Premises, and according to the plans approved by Landlord. All such alterations improvements shall become the property of Landlord at the expiration or signs. Tenant termination of the Lease Term and shall have be surrendered with the right to install its trade fixtures and equipment in, upon and about the Leased Premises; provided, however, that Landlord may condition its consent to any such improvements to a condition requiring Tenant shall to remove the same on or before any such improvements upon the expiration of this Lease, and if so requested by Landlord, promptly after any or termination of this Lease; the Lease Term and providedrestoring the Leased Premises to the condition which existed on the date Tenant took possession, further, subject to normal wear and tear and casualty and condemnation. In the event that Tenant shall promptly thereafter repair all damage caused desires to cause such improvements to be made prior to the Commencement Date and provided the Leased Premises by reason of is not otherwise occupied, Tenant is hereby granted a license to enter into the Leased Premises for such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit)purpose, losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant subject to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term obligations of this LeaseTenant under Section 6.3 hereof.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 3 contracts
Samples: Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc), Lease Agreement (ProNAi Therapeutics Inc)
Leasehold Improvements. a. The facilities, materials and work to be furnished, installed and performed in the Premises by Landlord, at its expense, are hereinafter referred to as “Landlord’s Work”. Landlord shall utilize Building standard materials. In all other respects Tenant accepts the premises in their “as is” condition. Such other facilities, materials and work which may be undertaken by or for the account and at the expense of Tenant to equip, decorate and furnish the Premises for Tenant’s occupancy are hereinafter referred to as “AS IS” without any agreementsTenant’s Work”. Landlord’s approval of the plans, representations, understandings specification and working drawings for Tenant’s work shall create no responsibility or obligations liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Recognizing that the building is large and the needs of the tenants as to perform any alterationsspace may vary from time to time, repairs or improvements except as and in order for the Landlord to accommodate Tenant and prospective tenants, Landlord expressly set forth reserves the right, prior to and during the Term, at the Landlord’s sole expense, to move Tenant from the Premises and relocate Tenant in this Leaseother space of the Landlord’s choosing of approximately the same dimensions and size within the Building. ADDITIONALLYDuring a relocation period, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Landlord will use reasonable efforts not to unduly interfere with the Tenant’s business activities and to substantially complete the relocation within a reasonable time under all then-existing circumstances. Landlord’s obligation for the expenses of relocation will be the actual cost of relocating Tenant and Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent exercise of its election to samerelocate Tenant will not release Tenant in whole or in part from its obligations hereunder for the full Term. Notwithstanding the foregoingNo rights granted in this Lease to Tenant, Tenant shall have including the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure of quiet enjoyment will be deemed breached or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises interfered with by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameexercise of relocation right reserved herein.
Appears in 3 contracts
Samples: Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except Except for Minor Work (as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoinghereinafter defined), Tenant shall have not construct any Leasehold Improvements or otherwise alter the right to make interior, non-structural alterations to the Leased Premises without Landlord’s consentprior approval, so long and not until Landlord shall have first approved the plans and specifications therefor, which approvals shall not be unreasonably withheld. All such Leasehold Improvements and alterations (including Minor Work) shall be constructed and installed by Tenant at Tenant’s expense, using a licensed contractor first approved by Landlord (except such approval shall not be required for Minor Work), in substantial compliance with the approved plans and specifications therefor (if such plans and specifications are required hereunder) and in strict accordance with all Laws and Private Restrictions. All such construction and installation shall be done in a good and workmanlike manner using new materials (or such other materials as such Landlord shall expressly permit in writing) of good quality. Tenant shall not commence construction of any Leasehold Improvements or alterations do not until (i) affect the structure or electricalall required governmental approvals and permits shall have been obtained, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant all requirements regarding insurance imposed by this Lease shall be responsible for the cost of such alterations or signs. have been satisfied, and (iii) Tenant shall have given Landlord at least five (5) days’ prior written notice of its intention to commence such construction. The term “Minor Work,” as used herein, shall mean any construction or Leasehold Improvements or alteration of the right Leased Premises not involving any structural change or change in the character of the improvements, and involving a cost of less than one hundred thousand dollars ($100,000), provided that, for purposes of determining such cost, multiple construction or alteration projects shall be aggregated to install its trade fixtures the extent they are related to each other, whether undertaken simultaneously or sequentially. Landlord shall respond to Tenant’s requests for approval under this Paragraph 5.1 promptly (and equipment inimmediately in the event of emergency) and in any event within fifteen (15) business days after receipt of such request. All Leasehold Improvements shall remain the property of Tenant during the Lease Term but shall not be damaged, upon altered or removed from the Leased Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be surrendered to Landlord as a part of the realty and about shall then become Landlord’s property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the Premisesvalue or cost thereof; provided, however, that if Landlord shall require Tenant to remove any Leasehold Improvements in accordance with the provisions of Paragraph 15.1, then Tenant shall so remove the same on or before such Leasehold Improvements prior to the expiration of this Lease, and if so requested by Landlord, promptly after any or sooner termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalLease Term.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 3 contracts
Samples: Industrial Real Property Lease (Thermadyne Australia Pty Ltd.), Industrial Real Property Lease (Thermadyne Australia Pty Ltd.), Industrial Real Property Lease (Thermadyne Australia Pty Ltd.)
Leasehold Improvements. a. Tenant accepts Landlord shall construct in the Premises “AS IS” without any agreements, representations, understandings or obligations the Leasehold Improvements (including the three (3) alternates) as are described on the part Tenant Improvement Summary below dated May 2, 2012 and the Preliminary Plan attached hereto as Exhibit “C1”. For clarity, the Landlord acknowledges and agrees that at the end of the Lease term (due to expiration or earlier termination in accordance with the terms of the Lease), the generator being provided will be owned in full by Tenant and Tenant may, at the expiration or earlier termination of the Agreement, remove such generator and upon removal Tenant shall repair any damage caused by such removal. In addition to the summary below, Landlord shall provide, based upon mutually acceptable plans, an allowance of One Hundred Thousand dollars ($100,000.00) to perform any alterationsbe utilized within the 13,250 SF “Expansion Premises” described on Exhibit “B” herein, repairs such being the Expansion Premises. This allowance shall be applied to coincide with an April 1, 2014 Base Rental Commencement Date or improvements except as expressly set forth such earlier date if Tenant gives Landlord written notice of such in accordance with the terms of this Lease. ADDITIONALLYAny modification to this summary shall be mutually agreed to by Landlord and Tenant with the cost difference reflected accordingly on any unamortized cost associated herein. The following Rules and Regulations are prescribed by Landlord in order to provide and maintain, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix best of Landlord’s ability, orderly, clean and desirable Premises, building and parking facilities for the tenants therein and to the exterior regulate conduct in and use of the Premises, any signs, air conditioners or other objects without memorializing the Building and parking facilities in such proposed alterations, attachments, or fixtures a manner as to minimize interference by others in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion proper use of the Premises by reason of Tenant. In the following Rules and Regulations, all references to Tenant include not only Tenant, but, also, Tenant’s acts or omissions or because of a claim against Tenantagents, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liensservants, within said thirty (30) day periodemployees, Landlord mayinvitees, at its sole optionlicensees, cancel or discharge the same and upon Landlord’s demandvisitors, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such lienspermitted assignees, including attorney fees in connection with same.and/or sublessees:
Appears in 2 contracts
Samples: Commercial Lease Agreement (Mavenir Systems Inc), Commercial Lease Agreement (Mavenir Systems Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including any Alterations (defined in Section 9.03) but excluding Tenant’s Property (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant (including, but not limited to, work not completed any pantry and kitchen appliances installed by or for Tenant), provided that Tenant, at its expense, removes any Required Removables (as hereinafter defined), including any Cable (defined in Section 9.01 below), in compliance with the National Electric Code or other applicable Law. Landlord, by written notice to Tenant (the “Removal Notice”) delivered prior to the Expiration Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord’s reasonable judgment, are of a workmanlike manner nature that would require removal and any contractor’srepair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). Required Removables shall include, mechanics’ or materialman’s liens asserted without limitation, vending machines, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications and, notwithstanding anything to the contrary in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause have an obligation to remove the Required Removables specifically enumerated in this sentence upon the expiration or earlier termination of this Lease whether or not Landlord delivers notice to Tenant requiring removal of the same to as contemplated by the immediately preceding sentence. The Required Removables shall be canceled removed by Tenant before the Expiration Date or discharged earlier termination of record by bond this Lease or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said following the date of the Removal Notice if the date of the Removal Notice is not at lease thirty (30) day perioddays prior to the Expiration Date or earlier termination date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord maymay perform such work at Tenant’s expense. Tenant, at its sole optionthe time it requests approval for a proposed Alteration, cancel may request in writing that Landlord advise Tenant whether the Alteration, or discharge any portion thereof, is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameAlteration are Required Removables.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Loxo Oncology, Inc.)
Leasehold Improvements. a. Tenant accepts At its sole cost and expense, Landlord shall make the improvements to the Leased Premises “AS IS” without detailed on Exhibit D attached hereto in the time period(s) provided on such Exhibit D. Landlord shall make or cause to be made such Exhibit D improvements promptly, in a good workmanlike manner, in compliance with all applicable permits and authorizations and building and zoning laws and all laws, in accordance with the orders, rules and regulations of the Board of Fire Insurance Underwriters and any agreementsother body hereafter exercising similar functions having or asserting jurisdiction over the Leased Premises, representations, understandings or obligations on and according to the part plans approved by Landlord. All such improvements shall become the property of Landlord to perform any alterations, repairs at the expiration or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior termination of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) Lease Term and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for surrendered with the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Leased Premises; provided, however, that Landlord may condition its consent to any such improvements to a condition requiring Tenant shall to remove the same on or before any such improvements upon the expiration of this Lease, and if so requested by Landlord, promptly after any or termination of this Lease; the Lease Term and providedrestoring the Leased Premises to the condition which existed on the date Tenant took possession, further, subject to normal wear and tear and excepting condemnation or any casualty not caused by the gross negligence or willful misconduct of Tenant. In the event that Tenant shall promptly thereafter repair all damage caused desires to cause such improvements to be made prior to the Commencement Date and provided the Leased Premises by reason of is not otherwise occupied, Tenant is hereby granted a license to enter into the Leased Premises for such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit)purpose, losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant subject to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term obligations of this LeaseTenant under Section 6.3 hereof.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Samples: Lease (Esperion Therapeutics, Inc.), Lease (Esperion Therapeutics, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems, laboratory equipment and structural alterations and modifications of any signs, air conditioners type. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs of same incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 business days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 2 contracts
Samples: Office Lease Agreement (Collegium Pharmaceutical, Inc), Office Lease Agreement (Collegium Pharmaceutical Inc)
Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. by Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord"Tenant's Property") shall be owned and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesinsured by Tenant. Tenant shall be responsible for the cost of remove all such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to Tenant's Property from the Premises by reason in accordance with the terms of such installation or removal.
c. Tenant shall indemnify Article XXXV hereof. Any and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or and improvements made by Tenant to the Premises, includingincluding any built-in furniture (collectively, but not limited "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any time prior to, work not completed in a workmanlike manner and any contractor’sor within six (6) months after, mechanics’ the expiration or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term earlier termination of this Lease.
d. Should Lease or Tenant's right to possession, require Tenant to remove any contractor’sLeasehold Improvements performed by or for the benefit of Tenant and all electronic, mechanic’s or other liens be filed against any portion of phone and data cabling as are designated by Landlord (the Premises by reason of "Required Removables") at Tenant’s acts or omissions or because of a claim against Tenant's sole cost. In the event that Landlord so elects, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise remove such Required Removables within thirty ten (3010) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by Landlordsuch removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant shall fail fails to cancel remove any specified Required Removables or discharge said lien or liensto perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within said thirty five (305) day perioddays after demand from Landlord, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for any and all reasonable costs incurred in canceling or discharging such liens, including attorney fees by Landlord in connection with samethe Required Removables.
Appears in 2 contracts
Samples: Office Lease (Aht Corp), Standard Form Office Lease (Ritz Interactive, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsshall, representationsat its own cost and expense, understandings or obligations on the part of Landlord to perform any alterations, repairs or furnish and install all leasehold improvements. Said improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable shall be subject to Landlord) and obtaining Landlord’s 's prior written consent to samethereto and shall be in accordance with the plans and specifications first approved by Landlord. Notwithstanding the foregoing, Tenant covenants and agrees that all work done by Tenant shall have be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations, and requirements of all governmental agencies, offices, departments, bureaus and board having jurisdiction and in full compliance with the right to make interiorrules, non-structural alterations to orders, directors, regulations and requirements of the Pacific Fire Rating Bureau and of any similar body. Tenant shall keep the Premises without Landlord’s consentand all improvements thereon, so long as such alterations do free from all liens and claims of mechanics, labors, materialmen and others for work done and materials furnished to Tenant and Tenant shall not (i) affect the structure create or electrical, plumbing, suffer to be created any lien or mechanical systems of the Premises; or (ii) decrease the value of encumbrance on the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment inAll alterations, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterationsdecorations, additions or improvements upon the Premises made by Tenant to shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, includingas a part thereof, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive at the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion end of the Premises Lease term, except that Landlord may, by reason of Tenant’s acts or omissions or because of a claim against written notice to Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within given at least thirty (30) days after notice prior to the end of the Lease term, require Tenant to remove all improvements installed by Tenant, and Tenant shall repair or, at Landlord's option, pay to Landlord all costs arising from such removal. All articles or personal property and all business and trade fixtures, machinery, and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises, shall be and remain the property of Tenant and may be removed by Tenant at any time during the term of this Lease when Tenant is not in default hereunder. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodremove all of its effects from the Premises upon termination of this Lease for any cause whatsoever, Landlord may, at its sole option, cancel or discharge remove the same in any manner that Landlord shall choose, and store said effects with liability to Tenant for loss thereof, and Tenant agrees to pay Landlord upon demand any and all expense incurred in such removal, including court costs and attorney’s fees and storage charges on such effects for any length of time that the same shall be in Landlord's possession, or Landlord may, at its option, without notice, sell said effects or any of the same, at private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale upon any amounts due under this lease from Tenant to Landlord and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samethe expense incident to the removal of and sale of said effects.
Appears in 2 contracts
Samples: Lease Agreement (Global Food Technologies, Inc.), Lease Agreement (Global Food Technologies, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A.) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlords shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to five days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within ten days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, if any, will be considered to be Required Removables. Tenant shall cause not be required to remove any cable or wiring installed in the same to be canceled or discharged Premises as part of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameLeasehold Improvements.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingincluding any Alterations (collectively, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation “Leasehold Improvements”) shall survive remain upon the Premises at the end of the Term of this Lease.
d. Should any contractor’swithout compensation to Tenant. Landlord, mechanic’s or other liens be filed against any portion of the Premises however, by reason of Tenant’s acts or omissions or because of a claim against Tenant, written notice to Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within at least thirty (30) days after notice prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable (defined in Section 9.01) installed by or for the benefit of Tenant for the purposes of the installation of telecommunications equipment, and (b) any Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal restrooms and showers, vaults, rolling file systems and structural alterations and modifications. Landlord agrees that Initial Alterations shall not be Required Removables so long as such Initial Alterations are consistent with the schematic drawing/floorplan attached as Exhibit L (provided that the IT Room shown thereon will not contain a raised floor and that the library shown thereon will not contain any rolling file). The designated Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodperform its obligations in a timely manner, Landlord maymay perform such work at Tenant’s expense. Tenant, at its sole optionthe time it requests approval for a proposed Alteration, cancel may request in writing that Landlord advise Tenant whether the Alteration or discharge any portion of the same Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. However, it is agreed that Required Removables shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and upon Landlord’s demandtiles, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liensfluorescent lighting panels, including attorney fees in connection with samebuilding standard doors and non-glued down carpeting.
Appears in 2 contracts
Samples: Office Lease Agreement (Oxford Immunotec Global PLC), Office Lease Agreement (Oxford Immunotec Global PLC)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsAll Leasehold Improvements shall, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth provided in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to remain upon the Premises nor post or attach or affix to at the exterior end of the PremisesTerm without compensation to Tenant. “Leasehold Improvements” shall mean and include all Initial Tenant Work, any signs, air conditioners Alterations and other leasehold improvements from time to time existing in or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingincluding without limitation any such leasehold improvements (if any) that exist as of the applicable Delivery Date or Term Commencement Date under this Lease or that are made by or for the benefit of Tenant (or any party acting under or through Tenant) before the Term Commencement Date or thereafter from time to time during the Term. Landlord, by written notice to Tenant at the time of its approval of the Initial Tenant Work or Alteration, as applicable, may require Tenant, at Tenant’s expense, to remove any Initial Tenant Work or Alteration or portion thereof that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, private baths and showers, vaults, rolling file systems, structural alterations and modifications and any Cable installed by or on behalf of Tenant, but not limited toshall specifically exclude, work not completed in a workmanlike manner and without limitation, any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion Cable existing as of the Premises by reason applicable Delivery Date for each Phase Premises. If Landlord fails to notify Tenant of Tenant’s acts the requirement to remove such Initial Tenant Work, Alteration or omissions portion thereof at the time of its approval, such Initial Tenant Work or because of Alteration shall be deemed not to be a claim against TenantRequired Removable, and Tenant shall cause have no obligation to remove it at the same to be canceled or discharged end of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.the
Appears in 2 contracts
Samples: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)
Leasehold Improvements. a. Tenant accepts shall not construct any Leasehold Improvements or otherwise alter the Premises “AS IS” or Project without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent approval and not until Landlord shall have first approved the plans and specifications therefor (in each case not to samebe unreasonably withheld or delayed). Notwithstanding In no event shall Tenant make any alterations to the foregoingPremises or Project which could affect the structural integrity or the exterior design of the Premises or Project. All such approved Leasehold Improvements shall be installed by Tenant at Tenant’s expense using a licensed contractor first reasonably approved by Landlord in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) all required governmental approvals and permits shall have been obtained and copies of same have been provided to Landlord, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least ten (10) days prior written notice of its intention to commence such construction, and (iv) if requested by Landlord in its reasonable discretion, Tenant shall have the right obtained or caused its general contractor to make interior, non-structural alterations obtain contingent liability and broad form builders risk insurance and/or completion and performance bonds in an amount reasonably satisfactory to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for pay to Landlord a fee of 3 percent (3%) of the total cost of design and construction of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by work for Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to ’s services in protecting the Premises by reason of such installation or removal.
c. Tenant and shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs expenses incurred in canceling or discharging such liens, including attorney fees by Landlord in connection with samethe review, approval and supervision of any Leasehold Improvements made by Tenant. All Leasehold Improvements shall remain the property of Tenant during the Lease Term, but shall not be damaged, altered, or removed from the Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be removed from the Premises in accordance with the provisions of Section 16.2.
Appears in 2 contracts
Samples: Lease Agreement (Avago Technologies LTD), Lease Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, if any, will be considered to be Required Removables. In addition, Tenant shall cause not be required to remove any portion of the same to be canceled or discharged Tenant Improvements at the end of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameTerm.
Appears in 2 contracts
Samples: Annual Report, Office Lease Agreement (Infospace Com Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlorda) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant HLL shall have the right to make interiorelect, non-and in the circumstances described in Section 2.4(a) and this Section 2.6 the obligation to elect, upon 10 days prior written notice to Holdings, to fund the cost of any change to be made to any Vessel at the time that funding therefor is required under the applicable MOA, and to designate such change as a leasehold improvement (each a “Leasehold Improvement”); provided that any such change does not constitute a structural alterations change to the Premises without Landlord’s consentsubject Vessel and will not materially reduce its market value. If HLL makes any Leasehold Improvement to any Vessel, so long as title to such alterations do not Leasehold Improvement shall vest in and remain the property of (i) affect HLL to the structure or electricalextent that such Leasehold Improvement shall be readily removable from the Vessel without causing any material damage to the Vessel, plumbing, or mechanical systems of the Premises; or and (ii) decrease the value Owner to the extent that such Leasehold Improvement shall not be readily removable from the Vessel without causing material damage to the Vessel. Any change to any Vessel that HLL has funded as a Leasehold Improvement pursuant to this Section 2.6 shall not be taken into consideration in the determination of the PremisesAdjusted Average Purchase Price of such Vessel. Tenant To the maximum extent possible, and subject to Section 2.6(b), HLL shall elect to designate each change or modification to a Vessel as a Leasehold Improvement pursuant to this Section 2.6.
(b) If any change or modification to a Vessel that does not constitute a structural change would cause the Adjusted Average Purchase Price of such Vessel to exceed Fifty-six Million US Dollars ($56,000,000), HLL shall be responsible for the cost of required to make such alterations change or signs. Tenant modification as a Leasehold Improvement and shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of fund such installation or removalLeasehold Improvement in accordance with Section 2.6(a) above.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Samples: Agreement to Acquire and Charter (Horizon Lines, Inc.), Agreement to Acquire and Charter (Horizon Lines, Inc.)
Leasehold Improvements. a. Tenant accepts shall receive a tenant improvement allowance of $18.00 per rentable square foot (the “Allowance”). Landlord will prepare the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlordaccordance with Tenant’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premisesapproved plans; provided, however, Landlord shall not be required (nor shall Tenant be allowed) to install any improvements that are not compatible with Landlord’s plans and specifications for the Building or which are not approved by Landlord or Landlord’s architect. The cost of any Tenant Improvements in excess of $18.00 per rentable square foot shall be borne by Tenant in accordance with the terms of the Work Letter Agreement attached hereto as Exhibit “B”.
b. If for any reason the Premises should not be ready for occupancy by the Commencement Date, Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof. Notwithstanding the above, Landlord recognizes that time is of the essence for Tenant to occupy the premises by the Commencement Date stated herein. Landlord will use its best efforts to take, or cause to be taken, any and all reasonable and necessary steps within Landlord’s dominion and control to ensure that the leasehold improvements as set forth on the construction documents prepared by Design Collective and dated August 10,1999 are complete so as to allow Tenant occupancy by the Commencement Date. Should Landlord have cause for concern as to the timely substantial completion of the leasehold improvements as set forth herein, it shall notify Tenant accordingly and permit Tenant the opportunity to prioritize, to the extent practible, the work on leasehold improvements to facilitate Tenant’s possession and occupancy with functionality of the premises most critical to Tenant’s business operations. Tenant shall remove notify Landlord in timely fashion of the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused improvements most criticial to the Premises by reason of such installation or removalTenant’s operation.
c. Tenant shall not make or allow to be made any alterations or physical additions in or to the Premises, or place safes, vaults or other heavy furniture or equipment within the Premises, without first obtaining the written consent of Landlord which consent shall not be unreasonably withheld so long as said alterations do not impact on Building systems or structure and are not visible from outside the Premises. All repairs, alterations or additions that affect the Building’s structural components or the Building’s mechanical, electrical and plumbing systems shall be made solely by Landlord or its contractor.
d. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialmanmaterialmen’s liens asserted in connection therewith. This indemnification obligation No portion of Landlord’s interest in the Building shall survive the Term be subject to attachment on account of this Lease.
d. any work performed by or on account of Tenant, and Tenant shall provide written notice of same to all of its contractors. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises Building by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameplus an administrative fee equal to fifteen percent (15%) of such costs.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Active Network Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant, except that Tenant may remove its vacuum system equipment prior to the exterior Termination Date, provided Tenant shall repair any damage caused by the installation or removal of such vacuum system equipment. Tenant shall remove, at Tenant's expense, unless Landlord, by written notice to Tenant otherwise advises Tenant within 30 days prior to the Termination Date that Tenant shall not remove, the following: (1) Cable (defined in Section 10(a)) installed by or for the exclusive benefit of Tenant and that is located within the Premises; (2) Auxiliary Generator and/or Fuel Supply (defined in Section 10(c)) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building; and (3) any or all Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard laboratory or office improvements (collectively referred to as "Required Removables"). Notwithstanding anything contained herein to the contrary, Landlord agrees that the Initial Alterations shall not be deemed Required Removables and may remain on the Premises at the end of the term and although Tenant shall not be required to remove any of the Initial Alterations, Tenant may remove the vacuum system equipment as provided above. Without limitation, it is agreed that Required Removables may include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems, building and roof penetrations, and property and equipment (including, without limitation, laboratory related equipment) permanently affixed to the Premises or to the Building systems, and structural alterations and modification of any type. The Required Removables designated by Landlord to be removed shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Required Removables required by Landlord to be removed or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and dispose of such Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. If Landlord elects to retain any of the Required Removables, Tenant covenants that (i) such Required Removables will be surrendered in good condition, free and clear of all liens and encumbrances and (ii) if Cable is to be surrendered, it shall be left in safe condition, properly labeled at each end and in each telecommunications/electrical closet and junction box. Tenant may remove its trade fixtures, so long as such fixtures are not permanently affixed to the Building or the Building systems and not contained in or located above the ceiling, outside the demising walls, beneath the floor of the Premises or in the interior walls of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible time it requests approval for the cost of such alterations Initial Alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs for a proposed Alteration (including reasonable attorneys’ fees and costs of suitdefined in Section 10 (c)), lossesmay request in writing that Landlord advise Tenant whether the Initial Alterations, liabilities, the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts Initial Alterations or omissions or because of the Alteration will be designated as a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty Required Removable. Within ten (3010) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodreceipt of Tenant's request, Landlord mayshall advise Tenant in writing as to which portions of the Alteration, at its sole optionif any, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samewill be considered to be a Required Removable.
Appears in 2 contracts
Samples: Lease Agreement (Kolltan Pharmaceuticals Inc), Lease Agreement (Kolltan Pharmaceuticals Inc)
Leasehold Improvements. a. Tenant accepts Lessor shall complete the leasehold improvements to the Additional Demised Premises “AS IS” without as set forth in Exhibit "B", Work Letter, attached hereto and made a part hereof (the "Leasehold Improvements"). Lessor is under no obligation to make any agreements, representations, understandings structural or obligations on the part of Landlord to perform any other alterations, repairs decorations, additions, or improvements in or to Additional Demised Premises except as expressly set forth in this Exhibit "B". By taking possession of the Additional Demised Premises, it shall be conclusive evidence that Lessee has inspected the Additional Demised Premises (and has sufficient knowledge and expertise to make such inspection or has caused the Additional Demised Premises to be inspected on its behalf by one or more persons with such knowledge and expertise), that Lessee has accepted the Additional Demised Premises as being in good and satisfactory condition, suitable for the purposes herein intended and that the same comply fully with Lessor's covenants and obligations under the Lease with respect to the construction of Leasehold Improvements, except for any punch list items agreed to in writing by Lessor and Lessee. Lessee acknowledges and agrees that Lessor has made no representation or warranty, express or implied, as to the habitability, suitability, quality, condition or fitness of the Additional Demised Premises and Lessee waives, to the extent permitted by applicable law, any patent defects in the Additional Demised Premises and any claims arising therefrom, save and except those arising from any construction or repair obligations of Lessor expressly provided for in the Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions Notwithstanding anything contained in the immediately preceding two paragraphs to the contrary, Lessor shall provide a one time additional lessee improvement allowance of up to Ten Thousand and 00/100 Dollars ($10,000.00) for the completion of leasehold improvements within the Original Demised Premises nor post or attach or affix to (the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same"Additional Lessee Improvement Allowance"). Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant Lessor's Additional Lessee Improvement Allowance shall be responsible for the cost of such alterations or signsavailable to Lessee through and including December 31, 2002. Tenant Lessor shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise pay Lessee within thirty (30) days after notice upon Lessor's receipt of Lessee's paid invoices, lien waivers, and other documentation reasonably required by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameLessor.
Appears in 2 contracts
Samples: Lease Amendment (SBS Technologies Inc), Lease (SBS Technologies Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant’s expense, to remove any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, including any Landlord Work, as such term may be defined in the Work Letter attached as Exhibit C, may request in writing that Landlord advise Tenant whether the Alteration, including any Landlord Work, or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the alteration or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameimprovements are Required Removables. Notwithstanding the foregoing, Tenant shall have the right to make interiorLandlord agrees that, non-structural alterations to except for any Cable, the Premises without Landlord’s consentimprovements identified on the Space Plans (as defined in the Work Letter attached as Exhibit C), so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems specifically shown thereon as of the Premises; or (ii) decrease the value of the Premises. Tenant date hereof, shall not be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removaldeemed Required Removables.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Samples: Office Lease Agreement (Akebia Therapeutics, Inc.), Office Lease Agreement (Akebia Therapeutics, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsAll Leasehold Improvements shall, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth provided in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to remain upon the Premises nor post at the end of the Term without compensation to Tenant. “Leasehold Improvements” shall mean and include all Initial Tenant Work and other leasehold improvements from time to time existing in or attach or affix to the exterior of the Premises, including without limitation any signssuch leasehold improvements (if any) that exist as of the Term Commencement Date under this Lease or that are made by or for the benefit of Tenant (or any party acting under or through Tenant) before the Term Commencement Date or thereafter from time to time during the Term. Landlord, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a by written notice to Tenant work letter (in form acceptable to Landlord) and obtaining at the time of Landlord’s prior written consent approval of the plans therefor, may require Tenant, at Tenant’s expense, to sameremove at the end of the Term any Leasehold Improvements that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Required Removables”). Notwithstanding the foregoingRequired Removables may include, Tenant shall have the right to make interiorwithout limitation, non-laboratory fixtures, laboratory equipment and specialized improvements for laboratory uses, raised floors, private baths and showers, vaults, rolling file systems, slab penetrations, structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure and modifications and any Cable installed by or electrical, plumbing, or mechanical systems on behalf of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the PremisesTenant; provided, however, that Tenant that, notwithstanding anything to the contrary contained in this Lease, but subject to Section 5 of Exhibit F attached hereto, Required Removables shall remove not include the Dedicated Venting System, the Back-Up Power and Supplemental System (as defined below), typical intercommunicating internal stairways or staircases or any standard core restroom facilities, the same on shall not be required to be removed by Tenant at the end of the Term, and Landlord shall indicate in writing at the time of Landlord’s approval of the Construction Documents whether or not such improvements are required to be removed by Tenant at the end of the Term. The Required Removables shall be removed by Tenant before the expiration of this Lease, and if so requested by Landlord, promptly after any or earlier termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalLease in accordance with Section 20.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Samples: Office Lease Agreement (Haemonetics Corp), Office Lease Agreement (Haemonetics Corp)
Leasehold Improvements. a. Tenant accepts shall not construct any Leasehold Improvements or otherwise alter the Leased Premises “AS IS” without Landlord’s prior approval, if the cost thereof exceeds five thousand dollars ($5,000) per work of improvement, and not until Landlord shall have first approved the plans and specifications therefor, which approvals shall not be unreasonably withheld, conditioned or delayed. In no event shall Tenant make any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Lease Premises nor post which could affect the structural integrity or attach or affix to the exterior design of the Premises, any signs, air conditioners or other objects Building without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent consent. All Leasehold Improvements constructed by Tenant shall be constructed by Tenant at Tenant’s expense, using a licensed contractor first reasonably approved by Landlord in substantial compliance with the approved plans and specifications therefor. All construction done by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until:
(i) all required governmental approvals and permits shall have been obtained;
(ii) all requirements regarding insurance imposed by this Lease have been satisfied;
(iii) Tenant shall have given Landlord at least five days’ prior written notice of its intention to same. Notwithstanding commence such construction;
(iv) Tenant shall have notified Landlord by telephone of the foregoingcommencement of construction on the day it commences; and
(v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount mutually satisfactory to Landlord and Tenant (but in the right event Landlord and Tenant cannot reasonably agree, then in an amount reasonably satisfactory to make interior, non-structural alterations Landlord) if there are any perils relating to the Premises without proposed construction not covered by the insurance carried pursuant to article 9 of this Lease. All Leasehold Improvements shall remain the property of Tenant during the Lease Term but shall not be damaged, altered, or removed by Tenant from the Leased Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be surrendered to Landlord as a part of the realty and shall then become Landlord’s consentproperty unless Landlord and Tenant otherwise agree in writing, so long as such alterations do not (i) affect the structure and Landlord shall have no obligation to reimburse Tenant for all or electrical, plumbing, or mechanical systems any portion of the Premises; value or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premisesthereof; provided, however, that if Landlord shall require Tenant shall to remove any Leasehold Improvements in accordance with the same on or before the expiration provisions of section 15.1 of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that then Tenant shall promptly thereafter repair all damage caused so remove such Leasehold Improvements prior to the Premises expiration of the Lease Term or by reason a later date mutually agreed upon in writing by Landlord and Tenant. Landlord shall not have the right to require Tenant to remove any Leasehold Improvements or alterations at the end of the Lease Term unless Landlord specifically reserved such right at the time it approved the installation of such installation Leasehold Improvement or removalalteration by written notice (“Removal Notice”).
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Samples: Multi Tenant Space Lease (Nevro Corp), Multi Tenant Space Lease (Nevro Corp)
Leasehold Improvements. a. Tenant accepts (a) Lessee shall comply with the Premises provisions of Schedule 2 attached hereto entitled “AS ISConstruction of Initial Leasehold Improvements.” without any agreements, representations, understandings or obligations on Lessor shall be responsible only for the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth costs and expenses described in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions Schedule 3 and only to the Premises nor post or attach or affix extent that they do not exceed the respective allowances indicated in Schedule 3. All installations in excess thereof shall be for Lessee’s account, and Lessee shall pay, as additional rent hereunder, to the exterior Lessor an amount equal to Lessor’s actual cost therefor, including associated architectural and engineering fees, if any, plus a management cost recovery fee of ten percent (10%) to cover overhead within ten (10) days after being invoiced therefor. Additionally, Lessee shall pay all ad valorem taxes and increased insurance premiums that are payable on account of any of the Premisesleasehold improvements that are in addition to those items (or the quantities thereof) described on Schedule 3 hereto. Failure by Lessee to pay any sums described in Section 26(a) or the Schedules hereto in full within ten (10) days after its receipt of an invoice therefor will constitute failure to pay rent when due and an event of default by Lessee hereunder, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in giving rise to all remedies available to Lessor under this lease and at law for nonpayment of rent. Lessee shall deliver to Lessor a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems copy of the Premises; “as-built” plans and specifications made in or (ii) decrease the value of to the Premises. Tenant shall be responsible for It is stipulated that time is of the cost essence in connection with Lessee’s compliance with the terms of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalSchedule 2.
c. Tenant (b) Lessee shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs not be deemed to be the agent or representative of suit), losses, liabilities, or causes of action arising out of or relating to Lessor in making any such alterations, physical additions or improvements made by Tenant to the Premises, includingand shall have no right, but not limited topower or authority to encumber any interest in the Project in connection therewith other than Lessee’s leasehold estate under this Lease. However, work not completed in a workmanlike manner and should any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises Project or any interest therein (other than Lessee’s leasehold estate hereunder) by reason of TenantLessee’s acts or omissions or because of a claim against TenantLessee or its contractors, Tenant Lessee shall cause the same to be canceled cancelled or discharged of record by bond or otherwise within thirty ten (3010) days after notice by LandlordLessor. If Tenant Lessee shall fail to cancel or discharge said lien or liens, within said thirty ten (3010) day period, Landlord which failure shall be deemed to be a default hereunder, Lessor may, at its sole optionoption and in addition to any other remedy of Lessor hereunder, cancel or discharge the same and upon LandlordLessor’s demand, Tenant Lessee shall promptly reimburse Landlord Lessor for all reasonable costs incurred in canceling or discharging such lien or liens, including attorney fees in connection with same.
Appears in 2 contracts
Samples: Office Lease Agreement (Dexterity Surgical Inc), Office Lease Agreement (Dexterity Surgical Inc)
Leasehold Improvements. a. All improvements constructed by Tenant accepts in the Premises (collectively, “AS ISLeasehold Improvements” or “Tenant's Work”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant given within sixty (60) days of the date the Leasehold Improvements are installed, may require Tenant to remove any agreementsLeasehold Improvements that are provided by or for the benefit of Tenant and Landlord determines Tenant shall remove (collectively referred to as “Required Removables”). Without limitation, representationsit is agreed that Required Removables may include internal stairways, understandings or obligations on demountable partitions, raised floors, floor reinforcements, vaults, rolling file systems and structural alterations and modifications of any type, special fire suppression systems and equipment. The Required Removables designated by Landlord shall be removed by Tenant before the part Termination Date. Tenant's possession of Landlord the Premises shall be subject to perform any alterations, repairs or improvements except as expressly set forth in all of the terms and conditions of this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions including the obligation to pay Rent on a per diem basis at the Premises nor post or attach or affix to rate in effect for the exterior last month of the Premises, Term. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any signs, air conditioners Required Removables or other objects without memorializing such proposed alterations, attachments, or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining Landlord’s prior written consent to samedispose of the Required Removables and perform the required repairs. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section 9.03), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within ten (10) Business Days after receipt of Tenant’s acts 's request, Landlord shall advise Tenant in writing as to which portions of the Alteration, if any, will constitute Required Removables. Landlord represents to Tenant that there is asbestos (“ACM”) in the ceiling of the Premises and unless same is required to be removed by applicable environmental Law, shall remain in the Premises. If applicable environmental Law requires that said ACM be removed as a result of Tenant's Work, or omissions or because of if Tenant's Work disturbs any ACM in the Center and as a claim against Tenantresult, the ACM must be removed pursuant to applicable Laws, Tenant shall cause remove same as part of Tenant's Work and in conformance with applicable environmental Law. In the same event that any other tenant in the Center performs work to be canceled or discharged of record by bond or otherwise its space that disturbs ACM within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodthe Premises, Landlord may, at its sole option, cancel or discharge will cause said tenant to comply with applicable laws with regard to the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameremoval of said ACM within the Premises.
Appears in 2 contracts
Samples: Office Lease (Basis Global Technologies, Inc.), Office Lease (Basis Global Technologies, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, air conditioners or “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, shall remove all Cable (defined in Section 9.01 below). In addition, Landlord, by written notice delivered to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant’s expense, to remove any Alterations (the Cable and such other objects items collectively are referred to as “Required Removables”). At the time of approval by Landlord of the final plans for the Tenant Improvements, Landlord shall inform Tenant as to which, if any, of the Tenant Improvements will constitute Required Removables. Required Removables shall include, without memorializing such proposed alterationslimitation, attachmentsinternal stairways, or fixtures in a Tenant work letter raised floors, personal baths and showers, vaults, supplemental HVAC units (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameassociated mechanical infrastructure), rolling file systems and structural alterations and modifications and specialized non-standard office improvements (game room, bowling alley, etc.). Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration, including any initial Alterations or Tenant Improvements, may request in writing that Landlord advise Tenant whether the improvement is a Required Removable. In such event, if Landlord approves the Alteration(s) in question, Landlord shall have the right advise Tenant concurrently with such approval as to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems which portions of the Premises; proposed Alterations or (ii) decrease other improvements are Required Removables. Required Removables shall be removed by Tenant before the value of the PremisesTermination Date. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to by the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including removal of Required Removables to Landlord’s reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlordsatisfaction. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodperform its obligations in a timely manner, Landlord may, may perform such work at its sole option, cancel or discharge the same and upon LandlordTenant’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameexpense.
Appears in 2 contracts
Samples: Office Lease Agreement (ForgeRock, Inc.), Office Lease Agreement (ForgeRock, Inc.)
Leasehold Improvements. a. (a) Tenant accepts shall receive from Landlord a tenant improvement allowance of $1,846,305.00 (the Premises “AS IS” without T.I. Allowance”) to be used for the purpose of purchasing, constructing and/or installing improvements to the Expansion Space. Landlord will cause the Expansion Space to be promptly prepared in accordance with the Work Letter attached as Exhibit B which hereby amends and replaces any agreementsprior work letter.
(b) If for any reason the Expansion Space should not he ready for occupancy by the Expansion Space Commencement Date, representationsLandlord shall not be liable or responsible for any claims, understandings damages or obligations on liabilities in connection therewith or by reason thereof, except for the part of Landlord to perform any alterations, repairs or improvements except rent abatement as expressly specifically set forth in this Lease. ADDITIONALLYExhibit B. Landlord shall provide Tenant a copy of the Use and Occupancy Certificate for the shell space (i.e. an occupancy certificate which remains subject to furniture and equipment installation by Tenant) upon completion of the improvements as set forth in Exhibit B which is attached hereto, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEand, LANDLORD MAKES NO WARRANTIESif requested by Tenant, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVEDthe final Use and Occupancy Certificate upon completion of Tenant’s installation of furniture and equipment.
b. (c) Tenant agrees that it will shall not make no exterior or structural allow to be made any alterations or physical additions in or to the Premises, or place safes, vaults or other heavy furniture or equipment within the Premises, without first obtaining the written consent of Landlord which consent shall not he unreasonably withheld so long as said alterations do not adversely impact on Building systems or structure. Provided, however, that any such alterations or physical additions to the Premises nor post such as trade fixtures, machinery, and equipment that are installed by Tenant and removable without adverse impact on the Building systems or attach structure shall remain the property of Tenant. All repairs, alterations or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) additions that affect the structure Building’s structural components or electricalthe Building’s mechanical, plumbing, or mechanical electrical and plumbing systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations made solely by Landlord or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalcontractor.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. d) Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises Building by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameplus an administrative fee equal to fifteen percent (15%) of such costs.
Appears in 2 contracts
Samples: Office Lease Agreement (Emdeon Inc.), Office Lease Agreement (Emdeon Inc.)
Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” by Tenant ("Tenant's Property") shall be owned and insured by Tenant. Tenant shall remove all such Tenant's Property from the Premises in accordance with the terms of Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any agreementstime prior to, representationsor within six (6) months after, understandings the expiration or obligations on earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the part benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after written notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition, ordinary wear, tear and casualty excepted. If Tenant fails to remove any specified Required Removables or to perform any alterationsrequired repairs and restoration within the time period specified above, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLYLandlord, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEat Tenant's sole cost and expense, LANDLORD MAKES NO WARRANTIESmay remove, EXPRESS OR IMPLIEDstore, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior sell and/or dispose of the PremisesRequired Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures and all reasonable costs incurred by Landlord in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameconnection with the Required Removables. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof andLandlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to make interiorrequire Tenant to remove any vault, non-stairway, raised floor or structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to installed in the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term regardless of this Leasewhether Landlord timely notified Tenant that it would require such removal.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Samples: Sublease (Acacia Research Corp), Office Lease (Acacia Research Corp)
Leasehold Improvements. a. Tenant accepts A. The parties shall make the improvements to the Premises as provided in the attached Exhibit 1. In all other respects, Tenant agrees to accept the Premises on an “AS IS” without basis, and Landlord has no obligation to do or pay for any agreementsleasehold improvements or plans. Except as expressly provided in the Initial Lease, representationsAmendment No. 1 or this Amendment, understandings Tenant shall not be entitled to any tenant improvement allowance, leasehold improvements or other work, or any free rent period or other economic incentives that may have been provided to Tenant in connection with entering into the Initial Lease or any prior Amendment.
B. Provided that Tenant is not in monetary default (beyond any applicable notice and cure period) under the Lease, Landlord shall provide Swing Space (as hereafter defined) to Tenant on the following terms and conditions:
(1) The Swing Space shall consist of approximately 3,500 to 5,000 rentable square feet of contiguous space at a location in the Building as designated by Landlord.
(2) Tenant shall give at least thirty (30) days written notice to Landlord of the date Tenant will commence construction of the Tenant Improvements (“Construction Commencement Date”). Landlord shall deliver the Swing Space to Tenant as of the Construction Commencement Date, and Tenant may thereafter occupy the Swing Space for a limited term (“Swing Space Term”) commencing on the Construction Commencement Date and continuing thereafter until the earlier to occur of: (a) Substantial Completion of the Tenant Improvements in the Premises pursuant to the attached Exhibit 1; or (b) August 31, 2019.
(3) Landlord shall not be liable nor shall the Lease be impaired by any delay or inability to deliver possession of the Swing Space; provided, that if Landlord is unable to deliver possession of the Swing Space to Tenant on or before the Construction Commencement Date, Tenant shall have the right, at its option and as its sole remedy, at any time after the Construction Commencement Date designated by Tenant and before delivery of the Swing Space, to elect to terminate its right to the Swing Space under this Paragraph 4B upon fifteen (15) days’ written notice to Landlord (“Swing Space Termination Notice”), and if the Swing Space is not delivered to Tenant within such fifteen (15) day period, Landlord shall pay the sum of $50,000.00 to Tenant within thirty (30) days after Landlord receives Tenant’s Swing Space Termination Notice, and neither Landlord nor Tenant shall have any further rights or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions relating to the Premises nor post or attach or affix Swing Space under this Paragraph 4B. In the event Landlord fails to pay the exterior sum of $50,000.00 to Tenant within such thirty (30) day period, then Tenant may deliver a second notice (an “Offset Notice”) to Landlord that specifies that the Swing Space Termination Notice has been given pursuant to Paragraph 4.B(3) of this Amendment and the unpaid amount of such $50,000, and that states conspicuously in bold type and in all capital letters at the top of the Premisesfirst page of such Offset Notice: “LANDLORD’S FAILURE TO PAY THE UNPAID AMOUNT OF SUCH $50,000 WITHIN TEN (10) DAYS AFTER RECEIPT OF THIS OFFSET NOTICE SHALL AUTHORIZE TENANT TO OFFSET SUCH UNPAID AMOUNT AGAINST THE MINIMUM RENTAL NEXT DUE UNDER THE LEASE”, any signs, air conditioners or other objects without memorializing and if Landlord fails to pay such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingunpaid amount within such ten-day period, Tenant shall have the right to make interior, non-structural alterations offset such unpaid amount against its Rent obligation as provided for in Paragraph 3.A. above in an amount not to exceed $50,000.00.
(4) Tenant shall not be obligated to pay any Minimum Rental or Tenant’s Pro Rata Share of Real Estate Taxes and Operating Expenses with respect to the Premises without Swing Space during the Swing Space Term.
(5) The Swing Space shall be delivered in “AS IS” condition. Any alterations or improvements, including the installation of telecommunications and computer cabling and equipment, desired by Tenant in the Swing Space shall be subject to Landlord’s consentprior written consent (not to be unreasonably withheld) and shall be performed at Tenant’s sole expense.
(6) Except as otherwise provided in this Paragraph or unless clearly inapplicable, so long as such alterations do not Tenant’s occupancy of the Swing Space shall be on all of the terms and conditions of the Lease, including, without limitation, the insurance and indemnity provisions of the Lease but excluding the payment of rent. Within ten (i10) affect days after written request by Landlord from time to time, Tenant shall execute a written confirmation concerning the structure or electricalterm, plumbinglocation, or mechanical systems any other matter relating to the Swing Space.
(7) Upon the expiration or termination of the Premises; Swing Space Term, Tenant shall completely vacate and surrender the Swing Space to Landlord in as good condition as when Tenant took possession (including the removal of any telecommunications and computer cabling and equipment installed by Tenant at Tenant’s expense), ordinary wear and tear excepted. The expiration or (ii) decrease the value termination of the Swing Space Term shall not terminate or modify the Lease Term with respect to the Premises. .
(8) If Tenant holds over in the Swing Space after the termination or expiration of the Swing Space Term, in addition to Landlord’s other rights and remedies under the law and the Lease: (a) Tenant shall be responsible pay Minimum Rental for the cost Swing Space at an annual rate of such alterations or signs. $16.00 per rentable square foot plus Tenant’s Pro Rata Share of Real Estate Taxes and Operating Expenses at the same rate per rentable square foot then payable by Tenant shall have the right to install its trade fixtures and equipment in, upon and about for the Premises; provided, however, that computed on a daily basis for each day Tenant shall remove remains in possession of the same on Swing Space for up to two (2) months after the termination or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Leasethe Swing Space Term; and provided(b) if Tenant holds over in the Swing Space beyond such two (2) additional months, furtherLandlord shall continue to pay such holdover rent but Landlord shall be entitled to immediately and lawfully retake possession of the Swing Space and to recover from Tenant all costs, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit)damages sustained by Landlord.
(9) During the Swing Space Term, losses, liabilities, or causes of action arising out of or relating Landlord reserves the right to any alterations, additions or improvements made by have access to the Swing Space upon reasonable prior notice to Tenant to perform its duties and obligations under the PremisesLease and to inspect and show the Swing Space. If the Swing Space is part of a larger undemised space, Landlord may at any time construct demising walls, doorways and corridors (at Landlord’s sole expense) with respect to the Swing Space and such additional space (including, without limitation, performing any associated demolition, separation, relocation and repair work). Said additional space, which does not constitute the Swing Space, shall be known as the “Non-Swing Space”. Tenant acknowledges that any such construction may be performed during Tenant’s occupancy and normal business hours; and Landlord and Tenant shall cooperate to reasonably minimize any interference with the performance of the construction and Tenant’s use of the Swing Space. Except as otherwise agreed in writing between the parties, Tenant shall not occupy any portion of any such Non-Swing Space, including, but not limited towithout limitation, work not completed in a workmanlike manner and any contractor’s, mechanics’ use for office purposes or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term incidental uses such as storage of this Leasefiles or equipment.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Samples: Lease Amending Agreement, Lease Amending Agreement (Winmark Corp)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premisesother than Tenant’s personal property and trade fixtures (collectively, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord“Leasehold Improvements”) shall be owned by Landlord and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within thirty (30) days prior to the Termination Date, may require Tenant to remove, at Tenant’s consentexpense, so long as such alterations do not the following (ithe “Required Removables”): (1) affect Cable (defined in Section 9.1) installed by or for the structure exclusive benefit of Tenant and located in the Premises or electrical, plumbing, or mechanical systems other portions of the PremisesPremises or the Property; and (2) any Leasehold Improvements and Alterations that are performed by or for the benefit of Tenant (ii) decrease including, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type). The Required Removables designated by Landlord shall be removed by Tenant before the value of the PremisesTermination Date. Tenant shall be responsible for repair damage caused by the cost installation or removal of such alterations Required Removables, if Tenants fails to remove any Required Removables or signs. Tenant shall have the right to install its trade fixtures and equipment inperform related repairs in a timely manner, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; at Tenant’s expense, may remove and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion dispose of the Premises by reason of Tenant’s acts or omissions or because of a claim against Required Removables and perform the required repairs. Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. If Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration (as defined in this Lease), may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration will be designated as a Required Removable. Within ten (10) days after receipt of Tenant’s request, Landlord shall fail advise Tenant in writing as to cancel or discharge said lien or lienswhich portions of the Alteration, if any, will be considered to be Required Removables, and if Landlord does not respond within said thirty such ten (3010) day period, such Alterations will not be considered Required Removables (and, in such event, Landlord may, at its sole option, cancel or discharge shall not have the same and upon Landlord’s demand, right under the second sentence of this Section 8 to later require Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging to remove such liens, including attorney fees in connection with sameAlterations).
Appears in 2 contracts
Samples: Sublease Agreement, Landlord's Consent to Sublease (Zymogenetics Inc)
Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” by Tenant ("Tenant's Property") shall be owned and insured by Tenant. Tenant shall remove all such Tenant's Property from the Premises in accordance with the terms of Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any agreementstime prior to the expiration or earlier termination of this Lease or Tenant's right to possession, representationsrequire Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, understandings phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) Business Days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or obligations on earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the part of Landlord Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant fails to remove any specified Required Removables or to perform any alterationsrequired repairs and restoration within the time period specified above, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLYLandlord, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEat Tenant's sole cost and expense, LANDLORD MAKES NO WARRANTIESmay remove, EXPRESS OR IMPLIEDstore, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior sell and/or dispose of the PremisesRequired Removables and perform such required repairs and restoration work. Tenant, within fifteen (15) days after demand from Landlord, shall reimburse Landlord for any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures and all reasonable costs incurred by Landlord in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameconnection with the Required Removables. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof and Landlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to make interiorrequire Tenant to remove any vault, non-stairway, raised floor or structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to installed in the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term regardless of this Leasewhether Landlord timely notified Tenant that it would require such removal.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Samples: Office Lease (Viewlocity Inc), Standard Form Office Lease (Viewlocity Inc)
Leasehold Improvements. a. Tenant accepts shall not construct any Leasehold ---------------------- Improvements or otherwise alter the Premises “AS IS” without Landlord's prior approval if such action results in the removal or alteration of any agreementsmaterial portion of existing Improvements (including wall and floor coverings, representationsceilings, understandings lighting fixtures or obligations on other utility installations) and (a) the part cost of such construction or alteration exceeds Fifty Thousand Dollars ($50,000) per work of improvement or (b) the cost of such Leasehold Improvements done, under construction, or for which approval is sought during any two (2) calendar year period exceeds Two Hundred Thousand Dollars ($200,000), and not until Landlord shall have first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations to perform any alterations, repairs the Premises which could significantly affect the structural integrity or improvements except as expressly set forth the exterior design of the Improvements. Notwithstanding anything to the contrary contained in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises reconfigure demountable walls and partitions without Landlord’s 's prior written consent, so long as . All such alterations do approved Leasehold Improvements shall be installed by Tenant at Tenant's expense in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Leasehold Improvements until (i) affect the structure or electricalall required governmental approvals and permits shall have been obtained, plumbing, or mechanical systems of the Premises; or (ii) decrease the value all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) days prior written notice of its intention to commence such construction, (iv) Tenant shall have notified Landlord by telephone of the Premises. commencement of construction on the day it commences, and (v) if reasonably requested by Landlord, Tenant shall have obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. Landlord shall cause to be responsible made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the cost Building, including any "as-built" plans for the Building, roof and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to any plans for Leasehold Improvements. All Leasehold Improvements shall remain the property of such alterations or signsTenant during the Lease Term. Tenant shall have the right to install its trade fixtures remove any Leasehold Improvements so long as it repairs all damage caused by the removal thereof and equipment inreturns the Premises to the condition existing prior to the installation of such Leasehold Improvements. At the expiration or sooner termination of the Lease Term, upon all Leasehold Improvements that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and about shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the Premisesvalue or cost thereof; provided, however, that Tenant shall remove any Leasehold Improvements so designated for removal by Landlord in accordance with the same on provisions of paragraph 15.2 if (i) such Leasehold Improvements were installed without the prior written consent of Landlord, or before (ii) at the time Tenant requested Landlord's consent to such Leasehold Improvements, Landlord informed Tenant in writing that Landlord would require that such Leasehold Improvements be removed and the Premises returned to the condition existing prior to the installation thereof, ordinary wear and tear excepted, at the expiration of this Lease, and if so requested by Landlord, promptly after any or earlier termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalLease Term.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 2 contracts
Samples: Lease (Objective Systems Integrators Inc), Lease (Objective Systems Integrators Inc)
Leasehold Improvements. a. The following provisions govern Leasehold Improvements constructed by Tenant:
A. Tenant accepts shall not construct any Leasehold Improvements or otherwise alter the Premises “AS IS” without Landlord's prior approval if such action results in the demolition, removal, or material alteration of existing Improvements (including partitions, wall and floor coverings, ceilings, lighting fixtures or other utility installations) and if the cost of such construction or alteration exceeds Fifteen Thousand Dollars ($15,000) per work of improvement or if the cost of Leasehold Improvements done, under construction, or for which approval is sought during any agreementscalendar quarter exceeds Twenty-Five Thousand Dollars ($25,000). With respect to any Leasehold Improvements which must be approved by Landlord pursuant to the immediately preceding sentence, representationsTenant shall not commence construction of such Leasehold Improvements until Landlord shall have first approved the plans and specifications therefor, understandings or obligations on the part of which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord to perform shall have received Tenant's request for such approval. In no event shall Tenant make any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post which could significantly affect the structural integrity or attach or affix to the exterior design of the Premises, any signs, air conditioners or other objects Premises without memorializing such proposed alterations, attachments, or fixtures Landlord's prior approval.
B. All Leasehold Improvements requiring Landlord's approval shall be installed by Tenant in substantial compliance with the approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant work letter shall not commence construction of any Leasehold Improvements until (in form acceptable to i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, and (iii) if reasonably requested by Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right obtained contingent liability and broad form builders risk insurance in an amount reasonably satisfactory to make interior, non-structural alterations Landlord if there are any perils relating to the Premises without proposed construction not covered by insurance carried pursuant to Article 9. If Landlord so requests in writing with respect to Leasehold Improvements requiring Landlord’s consent's prior approval, so long as Tenant shall inform Landlord of Tenant's scheduled date for commencement of construction at least five (5) days prior to such alterations do not date of commencement.
C. At all times during the Lease Term, (i) affect Tenant shall maintain all plans and change orders prepared in connection with the structure construction of any Leasehold Improvements which required a building permit or electricalother governmental approval, plumbing, or mechanical systems of the Premises; or and (ii) decrease the value of the Premises. Tenant shall be responsible for the cost provide to Landlord copies of such alterations or signsplans and change orders (and, to the extent Tenant causes such to be prepared for its own use, "As-Built" plans) at any time that Landlord requests copies thereof.
D. All Leasehold Improvements shall remain the property of Tenant during the Lease Term. Tenant shall have the right to install its trade fixtures and equipment in, upon and about remove only the Premises; provided, however, that Tenant shall remove the same on or before the expiration following kinds of this Lease, and if Leasehold Improvements so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair long as it repairs all damage caused by the installation thereof and returns the Premises to the Premises by reason condition existing prior to the installation of such installation Leasehold Improvements: (i) built-in cabinets, file drawers and bookcases; (ii) computer room air conditioning; (iii) canteen equipment; (iv) office cubicle systems; and (v) ornamental statues. At the expiration or removal.
c. sooner termination of the Lease Term, all Leasehold Improvements that Tenant does not remove shall indemnify be surrendered to Landlord as a part of the realty and hold shall then become Landlord's property, and Landlord harmless from and against shall have no obligation to reimburse Tenant for all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason value or cost thereof. However, if Landlord so requires, at the expiration or earlier termination of Tenant’s acts or omissions or because of a claim against Tenantthe Lease Term, Tenant shall cause remove any Leasehold Improvements designated for removal by Landlord and shall restore the same Premises to be canceled or discharged the condition existing prior to the installation of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail such Leasehold Improvements to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.extent necessary to return the Premises to substantially the
Appears in 2 contracts
Samples: Lease (United Defense Lp), Lease (United Defense Lp)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but without limitation, the Initial Alterations (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice delivered to Tenant at the time Landlord approves any Leasehold Improvements in the Premises, may require Tenant to remove, at Tenant’s expense, the following (collectively, the “Required Removables”): (1) Cable (defined in Section IX.A) installed after the Effective Date by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building; and (2) any Leasehold Improvements that are constructed by or for the benefit of Tenant after the Effective Date and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements; provided, however, Landlord will not limited todesignate any of the Initial Alterations as Required Removables. If Landlord fails to timely notify Tenant in writing that a Leasehold Improvement is a Required Removable, work not completed Tenant shall have no obligation to remove such Leasehold Improvement. The Required Removables shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in a workmanlike manner the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term conditions of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Term. Tenant shall cause repair damage caused by the same to be canceled installation or discharged removal of record by bond or otherwise within thirty (30) days after notice by LandlordRequired Removables. If Tenant shall fail fails to cancel remove any Required Removables or discharge said lien or liensperform related repairs in a timely manner, Landlord, at Tenant’s expense, may remove and dispose of the Required Removables and perform the required repairs. Tenant, within said thirty (30) day period30 days after receipt of an invoice, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all the reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameby Landlord.
Appears in 1 contract
Leasehold Improvements. a. Tenant (A) Notwithstanding anything to the contrary in the Lease, except for the HVAC systems, which are the responsibility of Lessor to the extent set out in Paragraph 17.07 hereof, Lessee accepts the Leased Premises “in their "AS IS” without " condition. Lessee shall cause plans and specifications for the tenant improvements to be prepared and submitted to Lessor for Lessor's approval, which approval shall not be unreasonably withheld. All work shall be performed in conformance with such approved plans and specifications and in a good and workmanlike manner and in compliance with the American with Disabilities Act of 1990 ("ADA"). However, Lessee shall not be required to make any agreements, representations, understandings exterior alterations in order to bring the Premises into compliance with the ADA. Any changes or obligations on modifications to the part of Landlord approved plans and specifications shall be signed by Lessor and Lessee constitute an amendment to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVEDLessor agrees not to unreasonably withhold or delay its consent or approval to any such requested change or modification to the approved plans specifications.
b. Tenant (B) Lessor agrees that it will make no exterior or structural alterations or additions to provide Lessee with a leasehold improvements allowance of $62,037.00 which amount is intended to include all costs associated with such construction such as, permit fees, construction manager fees, architectural fees, and all utility connections to the Premises nor post or attach or affix to the exterior of the Leased Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to samethe "Allowance"). Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant The Allowance shall be responsible for the cost paid to Lessee upon substantial completion of such alterations or signsconstruction, as evidenced by a certification from Lessee's architect and upon delivery of releases of liens from the contractor to Lessor. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against If any portion of the Premises by reason of Tenant’s acts allowance is unused, Lessee may use the remaining allowance towards moving expenses or omissions or because of the unused amount will be applied towards rent.
(C) Lessee shall enter into a claim against Tenant, Tenant shall cause construction contract with a reputable general contractor having at least five (5) years experience in tenant improvement construction to perform the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge leasehold construction in accordance with the same approved plans and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samespecifications.
Appears in 1 contract
Leasehold Improvements. a. 3.01 The following provisions shall apply to the construction of the Leasehold Improvements:
(a) All work involved in the completion of the Leasehold Improvements shall be carried out by Tenant accepts and its agents and contractors under the Premises “AS IS” without sole direction of Tenant, except that in the event that installation of any agreementsof the Leasehold Improvements affects, representationsconnects to or impacts the mechanical, understandings electrical or obligations on plumbing systems of the part Building or any space in the Building outside of the Leased Premises, Landlord's Representative (as described below) shall have full and absolute authority to stop or redirect the work as s/he deems necessary. Landlord shall cooperate with Tenant and its agents and contractors to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVEDpromote the efficient and expeditious completion of the Leasehold Improvements.
b. (b) Landlord shall be represented during the construction of the Leasehold Improvements by Property Manager ("Landlord's Representative"), who shall be given full and complete access to the Leased Premises and the Construction Documents while the Leasehold Improvements are being constructed. Tenant's agents and contractors shall cooperate fully with all requests of Landlord's representative.
(c) Tenant agrees that it will make no exterior or structural alterations or additions to construct the Premises nor post or attach or affix to Leasehold Improvements in accordance with the exterior construction Documents, and in compliance with all applicable building and safety codes. Tenant shall complete the construction of the PremisesLeasehold Improvements with as little disruption or interference as possible with the other tenants of the Building. Specifically, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding limiting the foregoing, Tenant shall have the right to make interior, non-structural alterations not block access to the Premises Building, obstruct walkways or parking spaces, or tie up passenger elevators, without first receiving Landlord’s 's prior written consent, so long as such alterations do not (i) affect nor shall Tenant cause any fire or safety hazards during the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalconstruction.
c. (d) Tenant shall indemnify hereby indemnifies and hold holds Landlord and its agents harmless from any and against all costs (including reasonable attorneys’ fees damages or injury to person and costs of suit), losses, liabilities, or causes of action property arising out of or relating to any alterations, additions or improvements made by Tenant related to the Improvements being performed to the Leased Premises, includingexcluding damage or injury caused by the acts, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ omissions or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive gross negligence on the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion part of the Premises by reason of Tenant’s acts Landlord or omissions or because of a claim against Tenant, its agents. Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for any expenses incurred by Landlord in making repairs to the Leased Premises or other areas of the Project or Building outside the Leased Premises, arising out of or related to the Improvements being performed hereunder.
3.02 If there are any changes in the Leasehold Improvements requested by, or on behalf of, Tenant from the work as reflected in the Construction Documents, each Such change must receive the prior written approval of Landlord, and Tenant shall bear the cost of all reasonable costs incurred such changes.
3.03 Tenant shall not commence construction of any work in canceling or discharging such liensthe Leased Premises until (a) Landlord has approved the Construction Documents and the Final cost for the construction of the Leasehold Improvements as required by the provisions hereof, including attorney fees and (b) Landlord shall have received Tenant's advance payment in connection with samean amount equal to the Tenant's Share, if any.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsA. Except for Tenant's Property (as defined in Section XV), representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or all improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises(collectively, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord"Leasehold Improvements") shall be owned by Landlord and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to remain upon the Premises without compensation to Tenant. However, Landlord’s consent, so long as such alterations do not by written notice to Tenant within 180 days prior to the Termination Date, may require Tenant to remove, at Tenant's expense: (i1) affect Cable (defined in Section IX.A) installed by or for the structure exclusive benefit of Tenant and located in the Premises or electrical, plumbing, or mechanical systems other portions of the PremisesBuilding; and (2) subject to Section VIII.B. below, any Leasehold Improvements that are performed by or (ii) decrease for the value benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the Premisesremoval and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Tenant Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall be responsible removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the cost sole purpose of such alterations or signsremoving the Required Removables. Tenant Tenant's possession of the Premises shall have be subject to all of the right to install its trade fixtures terms and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration conditions of this Lease, and if so requested by Landlord, promptly after any termination including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of this Lease; and provided, further, that the Term. Tenant shall promptly thereafter repair all damage caused to by the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs removal of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by LandlordRequired Removables. If Tenant shall fail fails to cancel remove any Required Removables or discharge said lien or liensperform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and dispose of the Required Removables and perform the required repairs. Tenant, within said thirty (30) day period30 days after receipt of an invoice, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all the reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameby Landlord.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsAny trade fixtures, representationsunattached and movable equipment or furniture, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of other personalty brought into the Premises, any signs, air conditioners the Storage Space or other objects without memorializing such proposed alterations, attachments, the Parking Garage by Tenant ("Tenant's Property") shall be owned or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesleased by Tenant. Tenant shall be responsible for remove all such Tenant's Property from the cost Premises in accordance with the terms of such alterations or signsArticle 36 hereof. Tenant shall have the right Any and all alterations, additions and improvements to install its trade fixtures and equipment in, upon and about the Premises, including any built-in furniture (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant; provided, however, that following the Commencement Date, in the event Tenant requests to perform any Leasehold Improvements [i.e. improvements other than the "Initial Leasehold Improvements" (defined below)], and Landlord's consent to such Leasehold Improvements shall be required under this Lease, Landlord shall be entitled at the time of its consent thereto to condition such consent upon the requirement that Tenant remove the proposed Leasehold Improvements upon expiration of the Term at the sole cost and expense of Tenant. Any such designated Leasehold Improvements, together with any installations made by Tenant upon the roof, or any work of visual art subject to the Visual Artists Right Act of 1990 (17 U.S.C. Section 101 et. seq.) (commonly referred to as" VARA") installed on or about the Premises by Tenant shall remove be collectively referred to herein as the "Required Removables". Nothing contained herein shall be deemed to constitute the designation by Landlord of Tenant as its agent with respect to any works of visual art proposed to be installed by or on behalf of Tenant in the Building. Tenant expressly covenants to obtain the written waiver of any artist of any work of visual art to the removal of same on from the Building upon termination or before the expiration of this Lease, and if so requested . The Leasehold Improvements to be constructed by Landlord, promptly after any termination of this Lease; and provided, further, that Landlord or Tenant shall promptly thereafter repair all damage caused prior to the Premises by reason of such installation or removalCommencement Date, in accordance with Article 28 are sometimes hereinafter referred to as the "Initial Leasehold Improvements".
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Samples: Sublease (Informax Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interiorconstruct and install the leasehold improvements and tenant finish desired by Tenant in the Leased Premises (collectively, non-structural alterations the "LEASEHOLD IMPROVEMENTS") in accordance with, and subject to the Premises without Landlord’s consentlimitations and conditions set forth in the Lease and in this Section 7.
(a) All plans and specifications, so long as such alterations do not (i) affect construction drawings, and proposed contractors and subcontractors must be approved by Landlord in writing prior to the structure or electrical, plumbing, or mechanical systems commencement of construction of the Premises; or Leasehold Improvements (iisuch approval not to be unreasonably withheld). Evidence of property, liability and worker's compensation insurance acceptable to Landlord as to insurer, policy terms and coverage (which, as to property and liability insurance policies, may include, without limitation, naming Landlord as additional insured) decrease the value must be submitted to Landlord as a condition to Landlord's granting its approval of the Premises. any proposed contractors.
(b) Tenant shall not be responsible for deemed to be the cost agent or representative of such alterations or signs. Tenant Landlord in making the Leasehold Improvements, and shall have no right, power or authority to encumber the right fee interest in the Building or the land on which it is located. Accordingly, any claims against Tenant with respect to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant Leasehold Improvements shall remove the same on or before the expiration of be limited to Tenant's leasehold estate under this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s 's or other liens be filed against the Leased Premises, the Building or any portion other property of the Premises Landlord or any interest therein by reason of Tenant’s 's acts or omissions or because of a claim against Tenant or Tenant's general contractor or subcontractors, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty ten (3010) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty ten (3010) day periodperiod (which failure shall be deemed to be a default hereunder), Landlord may, in addition to any other remedy of Landlord hereunder or at its sole optionlaw, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord upon demand, for all reasonable costs incurred in canceling or discharging such lienslien or liens (including, including attorney fees without limitation, reasonable legal fees).
(c) All Tenant's Work shall be performed in a good and workmanlike manner in accordance with good industry practice, and shall comply in all respects with applicable Federal, State, City and County statutes, ordinances, regulations, laws and codes. All required building and other permits in connection with samethe construction and completion of the Leasehold Improvements shall be obtained and paid for by Tenant.
(d) Upon completion of the Leasehold Improvements, Tenant shall deliver to Landlord one set of the "as-built" plans and specifications for the Leased Premises on a diskette in AUTOCAD or compatible format.
(e) Landlord agrees to provide Tenant the following allowances (the "ALLOWANCES") in connection with the construction of the Leasehold Improvements:
(i) an allowance (the "CONSTRUCTION ALLOWANCE") of up to $77,255.50, which may only be applied to the payment of the costs and expenses of the design, construction and installation of the Leasehold Improvements;
(ii) upon Tenant's request, an additional allowance (the "ADDITIONAL CONSTRUCTION ALLOWANCE") in an amount up to $110,365.00, should the cost to construct the Leasehold Improvements exceed the Construction Allowance. Tenant shall not be entitled to any unused portion of the Additional Construction Allowance. The Allowances shall be funded within thirty (30) days after Landlord's receipt of Tenant's written request therefor, accompanied by a final lien waiver from Tenant's general contractor and each of the subcontractors designated by Landlord, the AUTO-CAD diskette of the "as-built" plans and specifications for the Leased Premises and reasonable supporting detail for the costs incurred by Tenant; provided, however, that if Tenant shall be in default under the Lease at the time Landlord receives such request, Landlord shall not be obligated to fund the Allowances unless and until such default is cured by Tenant. If the total costs of the Leasehold Improvements exceed the sum of the Construction Allowance and the Additional Construction Allowance, the excess shall be at Tenant's sole cost and expense. Should Tenant utilize all or any portion of the Additional Construction Allowance, the Base Rental rate shall be increased by the amount necessary to fully amortize the amount of such Additional Construction Allowance utilized by Tenant at the rate of ten percent (10%) per annum accruing from the period commencing upon funding by Landlord of that portion of the Additional Construction Allowance utilized by Tenant and expiring upon termination of the Renewal Term.
(f) In the event Tenant requests Landlord to contract for the construction and installation of any portion of the Leasehold Improvements on behalf of Tenant, Landlord shall supervise the construction of that portion of Leasehold Improvements and Tenant agrees to pay Landlord a reasonable construction management fee in an amount not to exceed ten percent (10%) of the total construction costs of that portion of the Leasehold Improvements performed by Landlord's contractor. In the event Tenant elects to engage Landlord to install any portion of the Leasehold Improvements, Landlord shall obtain no less than four (4) bids from general contractors mutually selected by Landlord and Tenant, following which Landlord and Tenant shall mutually select one general contractor to perform the Leasehold Improvements.
(g) Landlord shall provide freight elevator service for Tenant's contractors on an "as-needed" basis at no charge; provided such usage is scheduled with Landlord in advance upon at least one day's prior written notice.
(h) Tenant shall do structural work, coring, drilling and chipping, after normal business hours but shall have the right to construct all other Leasehold Improvements at any hour. If at any time the entry by or presence of one or more persons furnishing labor or materials for the Leasehold Improvements shall cause disharmony or interference with the other tenants in the Building or the operation of the Building, any consent granted by Landlord with respect to the disruptive contractor or subcontractor may be withdrawn following twenty-four (24) hours' written notice to Tenant if such disharmony or interference is not cured within such twenty-four (24) hour period; provided however, Landlord shall have the right at all times to immediately terminate any particular activity or activities of Tenant or its employees, agents, or contractors which, in Landlord's reasonable judgment, (i) causes unreasonable interference with other Building tenants' usage of the Building, or (ii) poses an immediate threat of damage or injury to persons or property in or around the Building. Landlord shall have the right at all times to inspect the Leasehold Improvements. The Leasehold Improvements shall be performed so as not to alter the exterior appearance of the Building and so as not to adversely affect the structure or safety or systems or services of the Building or those of the other tenants therein, and shall comply in all material respects with all governmental codes (including, without limitation, building, health, safety and fire codes) and with all other governmental and insurance requirements.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingincluding any Alterations (collectively, but not limited to"Leasehold Improvements") shall remain upon the Premises at the end of the Term without compensation to Tenant, work not completed provided that Tenant, at its expense, in a workmanlike manner compliance with all applicable Laws, shall (a) close up any slab penetrations in the Premises and (b) remove Tenant installed Cable (as defined in this Lease), gas/tank lines and any contractor’sAlterations that, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term Landlord's reasonable judgment, are of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion a nature that would require removal and repair costs that are materially in excess of the Premises removal and repair costs associated with standard office improvements (such other items collectively are referred to as "Required Removables"). Tenant shall not be required to remove any of the improvements described in Exhibit C. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, supplemental HVAC units and equipment (however not including HVAC installed for the server room in the Premises), vaults, rolling file systems and structural alterations and modifications. The Tenant installed Cable and Required Removables shall be removed by reason Tenant within 10 days of Tenant’s acts the Expiration Date. At least 30 days prior to commencing the removal of any Cable or omissions Required Removables or because the closing of a claim against Tenantany slab penetrations, Tenant shall cause notify Landlord of its intention to remove such Cable or Required Removables or effect such closings, and provide to Landlord, for its approval, structural or other drawings describing the same to be canceled proposed removal, and if Landlord notifies Tenant within such 30 day period, Tenant shall not remove such Cable and/or Required Removables and/or close such slab penetrations, and the Cable and/or Required Removables not so removed shall become the property of Landlord upon the Expiration Date or discharged sooner termination of record the Term. Tenant shall repair damage caused by bond the installation or otherwise within thirty (30) days after notice by Landlordremoval of any Cable or Required Removables. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodperform its obligations in a timely manner, Landlord may, may perform such work at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameTenant's expense.
Appears in 1 contract
Samples: Lease Agreement (Summit Wireless Technologies, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults and rolling file systems. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any signs, air conditioners Required Removables or other objects without memorializing such proposed alterations, attachments, or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) Required Removables. Within 5 days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodreceipt of the final plans for the Landlord Work, Landlord mayshall advise Tenant in writing as to which portions of the Landlord Work, at its sole optionif any, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samewill be considered to be Required Removables.
Appears in 1 contract
Samples: Office Lease Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Leasehold Improvements. a. Tenant accepts 9.1 The Leased Premises will be taken by the Lessee "as is", which means that all costs incurred to build or make modifications to the Leased Premises “AS IS” without any agreementswill be taken out of the Allowance described below save and except for the construction of the demising wallsthe structure of the internal staircase, representationsthe build over of stairwells not required, understandings the walls of the vestibule, and the access control, video surveillance, fire alarm and centralized control for the HVAC systems described in Schedule B which shall be the Lessor's responsibility at Lessor's cost. The Lessor will provide four hundred fifty thousand dollars ($450,000.00) (the "ALLOWANCE") to the Lessee for the construction of Lessee's leasehold improvements in accordance with the building standards described in Schedule B annexed hereto or obligations on to a standard agreed upon by both Lessor and Lessee (the "LEASEHOLD IMPROVEMENTS"). The Lessor warrants that, as part of Landlord the Leasehold Improvements, the Lessee will be able to perform any alterationsinstall an electrical entrance of 400 amperes at 600 volts, repairs or improvements except as expressly set forth in this Lease3-phase. ADDITIONALLYThe Allowance will also be used to cover all the costs to be incurred for the relocation of the entrance door currently located between axis 5 and 6 to between axis 6 and 7, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions which costs are estimated at eight thousand five hundred dollars ($8,500.00). All costs incurred for Leasehold Improvements above the Allowance shall be paid by the Lessee to the Premises nor post Lessor immediately upon presentation of the bills. If the Lessee does not pay or attach or affix give notice of objection within ten (10) days of their receipt the bills demonstrating the additional amount to be paid by the Lessee to the exterior of Lessor above the PremisesAllowance, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant Lessor shall have the right to make interiorinstitute the appropriate legal proceedings to cancel the Offer or the Lease. In the case of the Lessee giving notice of objection, non-structural alterations once satisfactory explanations have been provided by the Lessor, the Lessee must pay them within ten (10) days of their receipt the bills demonstrating the additional amount to be paid by the Lessee to the Premises without Landlord’s consentLessor above the Allowance, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant Lessor shall have the right to install its trade fixtures and equipment in, upon and about institute the Premises; provided, however, that Tenant shall remove appropriate legal proceedings to cancel the same on Offer or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any 9.2 The Lessee shall supply plans and specifications signed by the appropriate professionals (architects and engineers) of its requirements, at its expense, within twenty-one (21) days following the acceptance of this Offer. Based on the plans the Lessor's general contractor’s, mechanic’s shall supply three (3) independent estimates for each sub-trade involved in the construction of the Leasehold Improvements, one of them being the estimate of a supplier designated by the Lessee. The Leasehold Improvements shall be effected by the Lessor, such work to be performed in consultation with the Lessee's designated overseer(s) (engineer and/or architect), prior to the Commencement Date. The cost of the Leasehold Improvements to go against the Allowance will be determined by calculating the total sum using the lowest quote for each sub-trade plus the general conditions, administration and profit of Lessor's general contractor, the whole not to exceed twelve percent (12%) of the applicable quote. At the expiry date of the Term, the Lessor shall have the option, acting in a reasonable and business-like manner, to ask the Lessee to either remove all or other liens be filed against any portion of Lessee's Work, as defined below, (repairing any damage caused thereby) and return the Leased Premises by reason in their original state, including the Leasehold Improvements, wear and tear excepted.
9.3 The Lessee undertakes to examine the Leased Premises at the time of Tenant’s acts or omissions or because of a claim against Tenant, Tenant delivery on the Occupancy Date and shall cause notify the same to be canceled or discharged of record by bond or otherwise Lessor in writing within thirty (30) days after notice by Landlord. If Tenant shall fail of said date of any apparent defect in the Leased Premises, and, in respect of any items that cannot be verified at the Occupancy Date as a result of the time of year the Leased Premises are delivered to cancel or discharge said lien or liensthe Lessee (e.g. air conditioning), within said thirty one hundred eighty (30180) day perioddays from the Occupancy Date. The Lessor confirms that at the Occupancy Date, Landlord maythe Leased Premises shall comply with all applicable laws and regulations, and should same not be the case, then notwithstanding the occupancy of the Leased Premises by the Lessee, the Lessor shall remain responsible to effect all repairs required in order to ensure such conformity, the whole at its sole optioncost.
9.4 Notwithstanding the incompletion of the Lessor's work, cancel the Leased Premises shall be deemed ready for delivery and the Occupancy Date shall become in effect so long as: (i) such incomplete work does not, in the Lessee's opinion, significantly interfere with the use of the Leased Premises or discharge the same work that the Lessee must perform therein and upon Landlord’s demand(ii) the Lessor confirms to the Lessee that Lessor's work shall be completed within sixty (60) days thereafter.
9.5 In the event that the Leasehold Improvements are not completed prior to the Occupancy Date for cause attributable solely to the Lessee, Tenant the Term shall promptly reimburse Landlord in no case be affected. If the delay is attributable to the Lessor or force majeure, the Lessee shall not make any claim for damages, save for any of its property that may have been damaged as a result of the Lessor's fault. However, the Commencement Date of the Lease shall be deferred by the number of days equal to the number of days of delay.
9.6 The Lessee reserves the right, at a future date, based on its electrical requirements, to increase the Leased Premises' electrical capacity by bringing in additional amperage from the local hydro electric grid to the Leased Premises. This would be done in accordance with all reasonable costs incurred local bylaws and regulations and conditions defined in canceling or discharging such liens, including attorney fees in connection with sameClause 10.
Appears in 1 contract
Samples: Lease Agreement (H Power Corp)
Leasehold Improvements. Attached to this Lease as part of Exhibit D are the preliminary specifications for the improvements to be made to the Leased Premises ("Improvements"). Following the execution of this Lease, Tenant will proceed with the preparation of the final architectural and engineering drawings, plans and specifications for the Improvements and shall be reimbursed for costs and expenses for such architect's and engineering fees in the amount set forth in Section 7 of Exhibit F attached hereto and incorporated herein. Once those drawings, plans and specifications are completed, Tenant will deliver a full set thereof to Landlord for its review and approval, The approved final drawings, plans and specifications ("Final Plans") are incorporated herein by this reference. In accordance with the Final Plans, Tenant, at Tenant's expense (subject to Tenant's Allowance set forth below) will perform and complete, or cause to be performed and completed, such specified construction and finishing of the Leased Premises, (hereinafter referred to as "Work"). The Work shall be completed by Tenant's contractor in accordance with the terms of Exhibit D and all applicable laws, rules and regulations. Any Work (other than Tenant's trade fixtures and other personal property) shall, upon installation, become the property of Landlord and shall be surrendered to Landlord at the end or other expiration of the Term of this Lease. The Tenant shall be provided a tenant improvement allowance in the amount of $35.20 per rentable square foot for the initial Improvements ("Tenant's Allowance"). Such Tenant's Allowance shall be paid by Landlord to Tenant throughout the construction of the Improvements in accordance with the provisions set forth on Exhibit D. In the event the cost to complete the Work exceeds the Tenant's Allowance, Tenant shall be solely responsible for the payment of all additional sums charged by such contractors in connection with the Improvements. Tenant will use best efforts to cause the Improvements to be constructed in accordance with the Final Plans on or before the targeted Commencement Date set forth in the Lease Summary. Any of the following is individually a "Landlord Delay" and collectively, the "Landlord Delays":
a. Landlord fails to provide Tenant accepts with access to the Leased Premises “AS IS” without sufficient for the commencement of construction of the Improvements, or fails or refuses to provide Tenant, its agents and contractors, in any agreementsmaterial manner, representationsaccess to and use of the Building and Leased Premises or any Building facilities or services (including freight elevators) required for the orderly and efficient performance of the work necessary to complete the Improvements at any time thereafter,
b. Unless deemed approved pursuant to the Work Letter, understandings Landlord fails to timely approve any matter requiring Landlord's approval (in this regard, if there is no stated time for response, then within a reasonable time), and
c. Any act or obligations omission on the part of the Landlord or any other tenants of the Building or Landlord's or such other tenant's architects, contractors, agents, employees or invitees interferes with or delays Tenant's construction of the Improvements, which interference causes a delay in Improvements, or which interference causes a delay in Tenant's ability to perform the Improvements as a result of any alterations, repairs or improvements except as expressly set forth in Hazardous Substance remediation that is not the responsibility of Tenant under this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right be required to make interior, non-structural alterations notify Landlord within 24 hours after Tenant's actual knowledge of any delay for such delay to the Premises without Landlord’s consent, so long as such alterations do not constitute a "Landlord Delay". Landlord and Tenant agree that each will review and either approve or specify its objections to any documents or drawings submitted to it for its review and approval hereunder within ten (i10) affect the structure or electrical, plumbing, or mechanical systems business days after its receipt of the Premises; same. Any objections will be specifically enumerated. If Tenant or Landlord fails to respond to any submission to it within ten (ii10) decrease the value business days after its receipt of the Premises. Tenant shall same, then it will be responsible for the cost of such alterations or signs. Tenant shall deemed to have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove approved the same for all the purposes of this Lease. If the Improvements are not substantially completed on or before the expiration target Commencement Date set forth in the Lease Summary solely due to Landlord Delays, then the Commencement Date will be deferred for the period of this Leasesuch Landlord Delays and the Termination Date will be deferred by the number of days equal to the deferral in the Commencement Date. In the event the substantial completion of the Improvements does not occur on or before October 12, 2000, due solely to Landlord Delays (time is of the essence with respect to such date), then Tenant shall be entitled to a rent credit equal to one day's Base Rent for each day of Landlord Delays. Except for Landlord Delays, the Commencement Date will remain as set forth in the Lease Summary notwithstanding the fact that the Improvements are not yet substantially completed, and if so requested by LandlordTenant will, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against after the Commencement Date, have an obligation to pay Base Rent, estimated Operating Expense payments and perform all costs (including reasonable attorneys’ fees of its other obligations and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed duties set forth in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Landlord at Landlord’s cost agrees to provide those improvements in the Leased Premises set forth on Exhibit B attached hereto. No later than July 15,2004, Tenant accepts shall provide Landlord or Landlord’s agent with a detailed floor plan layout, together with working drawings and written instructions (hereinafter “Tenant’s Plans”), sufficiently detailed to enable Landlord to construct the Premises various improvements indicated by Tenant on Tenant’s Plans. Landlord shall have 15 days after receipt thereof to notify Tenant of its approval of Tenant’s Plans, which approval shall not be unreasonably withheld. If the Tenant’s Plans or any part thereof are disapproved by Landlord, Landlord shall notify Tenant of the reason of such disapproval in writing. After notice of disapproval, Tenant shall submit revised Tenant’s Plans for Landlord’s approval within 15 days, and this process shall continue until the Tenant’s Plans are approved by Landlord. Landlord shall indicate on Tenant’s Plans which improvements or work are in addition to the work or improvements called for on Exhibit B. Such work or improvements will hereinafter be referred to as “AS ISExtra Work.” without any agreements, representations, understandings or obligations The Extra Work shall be as detailed and described on the part of Landlord Exhibit F hereto. The time required to perform any alterationsExtra Work shown on Tenant’s Plans will be indicated by Landlord at the time of approval of Tenant’s Plans and, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLYif the time necessary for the installation and completion of the Extra Work extends beyond the commencement of the Lease term, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEsuch term shall commence with no abatement of rent, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions notwithstanding the Landlord’s inability to complete the work prior to the Premises nor post or attach or affix to the exterior beginning of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a term. After Tenant’s Plans have been approved by both Tenant work letter (in form acceptable to and Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to may not make interior, non-structural changes and alterations to the Premises in Tenant’s Plans without Landlord’s consentadvance written approval. In addition, so long as Tenant agrees to reimburse Landlord immediately for such approved changes and alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible in Tenant’s Plans in an amount equal to Landlord’s actual cost for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures design and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason construction of Tenant’s acts changes or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameimprovements.
Appears in 1 contract
Samples: Lease (Southwest Casino Corp)
Leasehold Improvements. a. Tenant accepts shall not construct any Leasehold Improvements or otherwise alter the Leased Premises “AS IS” without any agreementsLandlord's prior approval if the cumulative cost therefore over the Term of this Lease exceeds One Thousand Dollars ($1,000.00) or such work affects the structural parts, representationsbuilding systems, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the PremisesBuilding. In no event shall improvement work be undertaken by Tenant until Landlord shall have first approved the plans and specifications therefore, any signswhich approvals shall not be unreasonably withheld. All such approved Leasehold Improvements shall be installed by Tenant at Tenant's expense, air conditioners or other objects without memorializing such proposed alterationsusing a licensed and financially sound contractor first approved by Landlord, attachments, or fixtures in substantial compliance with the approved plans and specifications therefor. All construction done by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant work letter shall not commence construction of any Leasehold improvements until (in form acceptable to Landlorda) all required governmental approvals and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingpermits shall have been obtained, (b) all requirements regarding insurance imposed by this Lease shall have been satisfied, (c) Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not given Landlord at least five (i5) affect the structure or electrical, plumbing, or mechanical systems days prior written notice of the Premises; or actual date for which such construction shall commence, (iid) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have notified Landlord by telephone of the right commencement of construction on the day it commences, and (e) Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to install its trade fixtures Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to Article 9. All Leasehold Improvements shall remain the property of Tenant during the Lease Term but shall not be altered or removed from the Leased Premises. At the expiration or sooner termination of the Lease Term, all Leasehold Improvements shall be surrendered to Landlord as part of the realty and equipment inshall then become Landlord's property, upon and about Landlord shall have no obligation to reimburse Tenant for all or any portion of the Premisesvalue or cost thereof; provided, however, that if Landlord requires Tenant to remove any Leasehold Improvements in accordance with the provisions of Article 15, then Tenant shall so remove such Leasehold Improvements and restore the same on or before Leased Premises to their condition prior to the installation of such improvements prior to the expiration of this Lease, and if so requested by Landlord, promptly after any or sooner termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused the Lease Term. As a condition to the Landlord’s prior approval for any Leasehold Improvements, Landlord may require Tenant to increase the amount of the Security Deposit to an amount necessary to restore the Leased Premises by reason to their condition prior to the installation of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit)improvements, losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same which amount is to be canceled or discharged of record determined by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liensLandlord in its sole, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samegood faith discretion.
Appears in 1 contract
Samples: Lease Agreement (Knightscope, Inc.)
Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. by Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord"Tenant's Property") shall be owned and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesinsured by Tenant. Tenant shall be responsible for the cost of remove all such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to Tenant's Property from the Premises by reason in accordance with the terms of such installation or removal.
c. Tenant shall indemnify Article XXXV hereof. Any and hold Landlord harmless from all alterations. additions and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingincluding any built-in furniture (collectively "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, but not limited all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any time prior to, work not completed in a workmanlike manner and any contractor’sor within six (6) months after, mechanics’ the expiration or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term earlier termination of this Lease.
d. Should Lease or Tenant's right to possession, require Tenant to remove any contractor’sLeasehold Improvements performed by or for the benefit of Tenant and all electronic, mechanic’s or other liens be filed against any portion of phone and data cabling as are designated by Landlord (the Premises by reason of "Required Removables") at Tenant’s acts or omissions or because of a claim against Tenant's sole cost. In the event that Landlord so elects, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise remove such Required Removables within thirty ten (3010) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by Landlordsuch removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant shall fail fails to cancel remove any specified Required Removables or discharge said lien or liensto perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within said thirty five (305) day perioddays after demand from Landlord, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for any and all reasonable costs incurred in canceling or discharging such liens, including attorney fees by Landlord in connection with samethe Required Removables.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the SUBJECT TO ITEM 44. OF THIS LEASE, THE Premises “AS IS” are rented "as is," without any agreementsadditional services or improvements to be rendered by Landlord, representationsother than those services described in Item 9 and such other services or improvements as may be described in Exhibit "B" attached hereto and expressly made a part hereof. If Landlord is to additionally alter, understandings remodel, improve, or obligations do any physical act or thing to the space as presently constituted or as described in Exhibit "B", same shall be at the sole expense of Tenant and shall be effected only by an "Extra Work Agreement" signed by the parties. In the absence of an "Extra Work Agreement" signed by the parties, Landlord is under no obligation to make any such alteration, remodeling or improvement or do any physical act or thing to the space. Referencing the contents of this Item 12, Items 13 and 14 below, Exhibit "B" hereto and any such Extra Work Agreement(s), Landlord's consent to any such repairs, maintenance, alterations, additions, improvements or other work and/or Landlord's approval of the plans, specifications and drawings associated therewith shall create no responsibility or liability on the part of Landlord to perform any alterationsor its contractor(s) or architect(s) for their completeness, repairs design sufficiency or improvements except as expressly set forth in this Lease. ADDITIONALLYcompliance with applicable laws, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASErules, LANDLORD MAKES NO WARRANTIEScodes, EXPRESS OR IMPLIEDregulations, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISESetc., INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing but rather such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant responsibility/liability shall be responsible for the cost of such alterations or signsborne by Tenant; NEVERTHELESS, LANDLORD'S ARCHITECT SHALL CONFIRM IN WRITING TO TENANT THAT THE WORK (AND IF APPLICABLE, THE EXPANSION SPACE WORK) COMPLIES WITH ALL THEN (RESPECTIVELY) APPLICABLE CODES, LAWS, REGULATIONS, RULES, ETC., PERTAINING THERETO. Tenant shall have the right to install its trade fixtures Any and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees extraordinary expenses and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant nature whatsoever attributable to the Premisesinstallation, includingmaintenance and/or removal of telephone equipment, but not limited computer equipment and the like shall be borne solely by Tenant. Tenant's telephone equipment shall be restricted to, work not completed in a workmanlike manner and any contractor’smust be installed within, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this LeasePremises.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” by Tenant ("Tenant's Property") shall be owned and insured by Tenant. Tenant shall remove all such Tenant's Property from the Premises in accordance with the terms of Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant unless the parties agree otherwise in writing. Landlord may, nonetheless, at any agreementstime prior to, representationsor within six (6) months after, understandings the expiration or obligations on earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the part benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant fails to remove any specified Required Removables or to perform any alterationsrequired repairs and restoration within the time period specified above, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLYLandlord, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEat Tenant's sole cost and expense, LANDLORD MAKES NO WARRANTIESmay remove, EXPRESS OR IMPLIEDstore, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior sell and/or dispose of the PremisesRequired Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures and all reasonable costs incurred by Landlord in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameconnection with the Required Removables. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof and Landlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to make interiorrequire Tenant to remove any vault, non-stairway, raised floor or structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to installed in the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term regardless of this Leasewhether Landlord timely notified Tenant that it would require such removal.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables, but in no event shall any such holdover in the Premises constitute or other objects without memorializing such proposed alterationscreate a tenancy-at-will under existing applicable law. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, attachments, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or fixtures removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Samples: Office Lease Agreement (Gsi Technologies Usa Inc /De)
Leasehold Improvements. a. Tenant accepts A. Except as otherwise specifically provided elsewhere in this Lease or in the Work Letter Agreement, if any, attached hereto as Exhibit C and incorporated herein, all installations and improvements now or hereafter placed on or in the Premises “AS IS” without any agreementsshall be for Tenant's account and at Tenant's cost, representations, understandings or obligations on the part of which cost shall be payable by Tenant to Landlord to perform any upon demand as additional Rent.
B. Any and all alterations, repairs or additions and improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signsall attached furniture, air conditioners equipment and non-trade fixtures (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Any unattached and movable equipment or furniture, trade fixtures or other objects without memorializing such proposed personality of Tenant ('Tenant's Property") shall be owned and insured by Tenant. Landlord may, nonetheless, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant (other than alterations, attachments, or fixtures in a Tenant work letter (in form acceptable additions and improvements performed by Landlord pursuant to LandlordExhibit C) and obtaining all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables on or before the expiration or earlier termination of this Lease and repair any damage caused by such removal. If Tenant fails to remove the Required Removables after Landlord’s prior written consent to same's request therefore, Landlord may remove, store or dispose of the Required Removables at Tenant's cost, and repair any damage caused by such removal and Tenant shall pay Landlord as additional Rent hereunder, on demand, all such costs. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof and Landlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by require Tenant to remove any vault, stairway or computer room alterations installed in the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term regardless of this Leasewhether Landlord timely notified Tenant that it would require such removal.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts shall not construct any Leasehold Improvements or otherwise alter the Leased Premises “AS IS” without any agreements, representations, understandings Landlord's prior approval if the cost thereof exceeds One Thousand Dollars ($1,000.00) or obligations on such work affects the part of Landlord to perform any alterations, repairs structural parts or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the PremisesBuilding, any signsand not until Landlord shall have first approved plans and specifications therefor, air conditioners or other objects without memorializing which approvals shall not be unreasonably withheld. All such proposed alterationsapproved Leasehold Improvements shall be installed (i) by Tenant at Tenant's expense using a licensed contractor first approved by Landlord, attachments, or fixtures and (ii) in substantial compliance with the approved plans and specifications therefor. All construction done by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant work letter shall not commence construction of any Leasehold Improvements until (in form acceptable i) all required governmental approvals and permits have been obtained and copies thereof delivered to Landlord, (ii) all requirements regarding insurance imposed by this Lease have been satisfied and obtaining certificates thereof have been delivered to Landlord’s , (iii) Tenant shall have given Landlord at least five (5) days prior written consent notice of its intention to same. Notwithstanding commence such construction, (iv) Tenant shall have notified Landlord by telephone of the foregoingcommencement of construction on the day it commences, and (v) if requested by Landlord, Tenant shall have the right obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to make interior, non-structural alterations Landlord if there are any perils relating to the Premises without Landlord’s consent, so long as such alterations do proposed construction not (i) affect covered by insurance carried pursuant to Article 9. All Leasehold Improvements shall remain the structure or electrical, plumbingproperty of Tenant during the Lease Term but shall not be altered, or mechanical systems removed from the Leased Premises. At the expiration or sooner termination of the Premises; Lease Term, all Leasehold Improvements shall be surrendered to Landlord as part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant from all or (ii) decrease any portion of the value of the Premises. Tenant shall be responsible for the or cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premisesthereof; provided, however, that if Landlord requires Tenant to remove any Leasehold Improvements in accordance with the provisions of Paragraph 15.1, then Tenant shall so remove the same on or before such Leasehold Improvements prior to the expiration of this Lease, and if so requested by Landlord, promptly after any or sooner termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalLease Term.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Samples: Office Lease (Healthetech Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (collectively, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord"LEASEHOLD IMPROVEMENTS") and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to remain upon the Premises without Landlord’s consent, so long as such alterations do not (i) affect at the structure or electrical, plumbing, or mechanical systems end of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right Term without compensation to install its trade fixtures and equipment in, upon and about the PremisesTenant; provided, however, that trade fixtures of Tenant shall remove which are affixed to the same Premises may be removed by Tenant on or before the expiration end of this Leasethe Term, so long as Tenant, at Tenant's sole cost, repairs any damage caused by the removal of such trade fixtures to Landlord's reasonable satisfaction. Landlord, however, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove (a) any Cable (defined in Section 9.01) installed by or for the benefit of Tenant, and if so requested (b) any Landlord Work or Alterations that, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "REQUIRED REMOVABLES"). However, it is agreed that Required Removables shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, the ATM (defined in EXHIBIT F), rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant before the Termination Date. Tenant shall promptly thereafter repair all damage caused to by the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs removal of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by LandlordRequired Removables. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodperform its obligations in a timely manner, Landlord maymay perform such work at Tenant's expense. Provided that Tenant, at its sole optionin Tenant's request for approval of any Leasehold Improvements, cancel or discharge expressly requests that Landlord designate whether any of the same proposed Leasehold Improvement will constitute Required Removables, Landlord will advise Tenant in writing as to which portions, if any, of the subject Leasehold Improvements are Required Removables concurrently with Landlord's approval of proposed plans and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging specifications describing any such liens, including attorney fees in connection with sameLeasehold Improvements.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. Landlord, however, except as specifically set forth below, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove any Alterations made after the Commencement Date that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Notwithstanding anything to the contrary contained herein, in no event shall Tenant be obligated to remove any improvements existing in the Premises on the Commencement Date. Upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises during such 5 day period shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term, provided that if Tenant remains in possession of the Premises after the expiration of such 5 day period, such occupancy shall be subject to the terms of Section 22 below. Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant timely manner, Landlord may perform such work letter (at Tenant’s expense. Tenant, within 30 days after receipt of an invoice shall reimburse Landlord for the reasonable costs incurred by Landlord in form acceptable to Landlord) connection with such repair and obtaining Landlord’s prior written consent to sameremoval. Notwithstanding the foregoing, Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion of the Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the Alteration will be considered a Required Removables, provided that within the last 60 days of the Term, Tenant shall have the right to make interior, non-structural alterations to confirm with Landlord in writing that Landlord still requires the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same Required Removables to be canceled or discharged of record removed by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameTenant.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, includingincluding the Initial Alterations (as defined in the Work Letter) and any other Alterations (defined in Section 9.03) (collectively, but not limited to“Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, work not completed provided that Tenant, at its expense, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant’s expense, to remove any Alterations (including any Initial Alterations) that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, elevators, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a workmanlike manner and timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, including any contractor’sInitial Alterations, mechanics’ may request in writing that Landlord advise Tenant whether the Alteration, including any Initial Alterations, or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason thereof, is a Required Removable. Within 10 days after receipt of Tenant’s acts request, Landlord shall advise Tenant in writing as to which portions of the Alterations or omissions Initial Alterations identified by Tenant are Required Removables. Notwithstanding anything to the contrary contained above or because elsewhere in this Lease, Landlord agrees that (i) none of the Initial Alterations shown on the Preliminary Plan (as hereinafter defined) constitute Required Removables, (ii) if Tenant installs a claim against Tenantcafeteria (including related kitchen facilities) anywhere in the Premises as part of the Initial Alterations, such cafeteria shall not constitute a Required Removable. Tenant shall cause acknowledges that Landlord’s agreement that the same to be canceled or discharged elevator shown on the Preliminary Plan does not constitute a Required Removable is based on the particular location of record by bond or otherwise within thirty (30) days after notice by Landlordthe elevator as shown on the Preliminary Plan. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodproposes a change in the location of the elevator, Landlord mayreserves its right to designate it as a Requirement Removable. As used herein, at its sole optionthe “Preliminary Plan” means the preliminary plan dated March 26, cancel or discharge the same and upon Landlord’s demand2013, Tenant shall promptly reimburse Landlord prepared by Xxxxxx Xxxxxxxxx AIA, captioned “Test Fit Study for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameZulily”.
Appears in 1 contract
Leasehold Improvements. a. The Tenant accepts may make Leasehold Improvements provided that:
(a) the Premises “AS IS” without Tenant shall furnish the Landlord with professionally prepared plans and specifications therefore;
(b) such plans and specifications shall be approved by the Landlord and, at its election, any agreements, representations, understandings or obligations on Expert;
(c) the part Tenant shall advise the Landlord of the identity of its contractors and tradesmen and their respective labour affiliations;
(d) the Landlord shall either approve any contractors proposed by the Tenant to perform any alterationswork which may affect the structure, repairs the walls or improvements except as expressly set forth the systems of the Building or require that any such work be performed by either the Landlord or its contractors in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. which case the Tenant agrees that it will make no exterior or structural alterations or additions shall pay the Landlord's Cost on account thereof; the Landlord may refuse to allow the contractors and tradesmen of the Tenant access to the Premises nor post Building if their labour affiliations may conflict with those of the Landlord or attach those employed by it or affix if they are not competent;
(e) the Tenant shall produce evidence satisfactory to the exterior Landlord as to the existence of all necessary permits and sufficient insurance coverage;
(f) the Tenant shall pay the Landlord's Cost on account of the Premisesfees of any Expert appointed to review the plans and specifications whether or not the work proceeds;
(g) construction of the Leasehold Improvements shall be performed in accordance with the plans and specifications submitted to the Landlord and, where applicable, approved by the Landlord, subject to any signs, air conditioners conditions or other objects without memorializing such proposed alterations, attachments, or fixtures regulations imposed by the Landlord and in a good and workmanlike and expeditious manner using good quality materials;
(h) the Landlord may inspect construction as it proceeds (the onus being on the Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding advise the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, Landlord whenever any phase has been completed so long as such alterations do not that an inspection can be made); and
(i) affect if the structure or electrical, plumbing, or mechanical systems Tenant fails to observe any of the Premises; or (ii) decrease requirements of this section the value Landlord may require that construction stop and that the Premises be restored to their prior condition failing which the Landlord may do so and the Tenant shall pay the Landlord's Cost on account thereof. Upon installation of any Leasehold improvements, such Leasehold Improvements shall become the property of the Premises. Landlord and shall not be removed by the Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; except as hereinafter provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Samples: Lease Agreement (Pcsupport Com Inc)
Leasehold Improvements. a. Tenant accepts
(a) All Leasehold Improvements shall immediately upon their placement become the Landlord’s property without compensation to the Tenant. Subject to Sections 3.6(b) and 3.6(c), upon the termination of this Lease, all Leasehold Improvements in the Premises “AS IS” shall remain upon and be surrendered with the Premises as a part thereof without disturbance, molestation or injury to them and any agreementstrade fixtures not removed by the Tenant by the expiration or sooner termination of this Lease shall be the property of the Landlord absolutely, representationsfree of any liens or encumbrances and without payment therefor to the Tenant.
(b) The Landlord may, understandings by notice to the Tenant prior to or obligations on promptly after the termination of this Lease, require the removal, at the expense of the Tenant, of any or all of the Leasehold Improvements and require the Tenant to restore the Premises, and any other part of Landlord the Development affected thereby, to perform the condition in which they existed prior to the installation and removal of the foregoing and to repair forthwith of any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions damage to the Premises nor post or attach the Development caused by such removal, such work to be done forthwith by or affix at the direction of the Landlord and at the expense of the Tenant. Such removal and repair shall be completed if reasonably possible by the date of termination of this Lease and otherwise promptly thereafter. If the Tenant does not remove the Leasehold Improvements prior to the exterior expiry or earlier termination of the PremisesTerm, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant Landlord shall have the right to make interior, non-structural alterations do so and the Tenant shall pay to the Premises without Landlord’s consentLandlord on demand, so long as such alterations do not Additional Rent, all costs incurred by the Landlord in connection therewith, plus an administration fee of fifteen percent (i15%) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or costs.
(iic) decrease Notwithstanding anything herein contained, provided the value of Tenant has paid the Premises. Rent hereby reserved and performed and observed all the covenants and conditions herein contained, the Tenant shall be responsible for have, at the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration termination of this Lease, and if so requested by Landlordthe right to remove the Tenant’s Property provided that the Tenant repairs promptly following such removal, promptly after at its own expense, any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises or the Development caused by reason such removal, such work to be done by or at the direction of the Landlord and at the expense of the Tenant. If the Tenant does not remove the Tenant’s Property prior to the expiry or earlier termination of the Term, such installation Tenant’s Property shall, at the option of the Landlord, be deemed abandoned and become the property of the Landlord and may be removed from the Premises and sold or removal.
c. disposed of by the Landlord in such manner as it deems advisable and the Tenant shall indemnify and hold pay to the Landlord harmless from and against on demand, as Additional Rent, all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made incurred by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted Landlord in connection therewith. This indemnification obligation shall survive the Term , plus an administration fee of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion fifteen percent (15%) of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.costs.
Appears in 1 contract
Samples: Lease Agreement
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. However, air conditioners it is agreed that Required Removables shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors, non-glued down carpeting and any of the Landlord Work (as described in Exhibit D attached hereto). The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Leasehold Improvements. a. 3.01 The following provisions shall apply to the construction of the Leasehold Improvements:
(a) Prior to commencing the Leasehold Improvements, Tenant accepts shall submit to Landlord for Landlord's review and approval (i) the names and addresses of Tenant's contractors (and said contractors (and said contractor's subcontractors) and materialmen to be engaged by Tenant for the Leasehold Improvements (individually, a "TENANT CONTRACTOR" and collectively, "TENANT'S CONTRACTORS"), and (ii) certified copies of insurance policies or certificates of insurance as hereinafter described. Tenant shall not permit Tenant's Contractors to commence work until the required insurance has been obtained and certified copies of policies or certificates have been delivered to Landlord. Landlord has the right to reasonably approve or disapprove all or any one or more of Tenant's Contractors.
(b) Tenant, at its sole cost and expense (subject to the Allowance, as hereinafter defined), shall perform, or cause to be performed, the Leasehold Improvements in the Leased Premises “AS IS” without in accordance with the Construction Documents. The Leasehold Improvements shall be constructed in a good and workmanlike fashion, in accordance with the requirements set forth herein and in compliance with all applicable laws, statutes, ordinances, codes, rules and regulations. Tenant shall commence the construction of the Leasehold Improvements promptly after completion of the preconstruction activities described in paragraph 3.01(a) above and shall diligently proceed with all such construction. Tenant shall coordinate the construction of the Leasehold Improvements so as to avoid unreasonable interference with any agreements, representations, understandings other work being performed by or obligations on the part behalf of Landlord and other tenants of the Building.
(c) Tenant shall, at its own cost and expense, obtain all required building permits and occupancy permits. Tenant's failure to perform obtain such permits shall not cause a delay in the Lease Commencement Date or the obligation to pay Rent or any alterations, repairs or improvements except as expressly other obligations set forth in this the Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. 3.02 If there are any changes in the Leasehold Improvements requested by, or on behalf of, Tenant agrees from the work as reflected in the Construction Documents, each such change must receive the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed, and Tenant shall bear the cost of all such changes.
3.03 Tenant acknowledges that it will make no exterior or structural alterations or additions Landlord's sole monetary obligation is to pay the costs attributable to the Premises nor post or attach or affix to the exterior construction of the PremisesLeasehold Improvements, up to an aggregate maximum limit of $20.00 per square foot of Tenant's Square Footage (the "ALLOWANCE"), and Tenant shall pay all other costs of the construction of the Leasehold Improvements ("TENANT'S SHARE"). In addition, all costs attributable to changes and variations from the Construction Documents (including, without limitation, any signsfees and expenses of the consultants and any increased costs of construction) shall be paid by Tenant. The Allowance shall be paid out to Tenant from time to time during the course of construction of the Leasehold Improvements, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures but not more often than once a month. Disbursements of the requested amounts shall be made upon submission to Landlord of the following documents:
(a) a draw request from Tenant in a Tenant work letter (in form acceptable to Landlord, together with copies of the invoices for which payment is being requested;
(b) lien waivers (to the extent available under local law) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingsworn statements from Tenant's Contractors, Tenant shall have the right to make interiorsubcontractors, non-structural alterations laborers and material suppliers pertaining to the Premises without Landlord’s consent, so long as such alterations do not Leasehold Improvements;
(ic) affect a certificate from Tenant's architect that all work (labor and materials) for which the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures draw request has been made has been completed and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed performed in a good and workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted substantially in connection therewith. This indemnification obligation shall survive accordance with the Term of this Lease.Construction Documents;
d. Should any contractor’s, mechanic’s or other liens be filed against (d) such evidence as Landlord may reasonably require certifying that any portion of the Premises Leasehold Improvements requiring inspection by reason governmental authorities has been duly inspected and approved; and
(e) such other evidence as Landlord may reasonably require in order to establish that the work for which payment is being requested has been satisfactorily completed and paid for or is to be paid for from the requested disbursement. In addition, the final payment request shall also be accompanied by (1) final lien waivers from Tenant's Contractor, subcontractors, laborers and material suppliers, (2) as-built drawings of the Leased Premises; and (3) a certificate from Tenant's architect that the Work has been substantially completed in accordance with the Construction Documents.
3.04 Tenant shall pay Landlord a supervisory fee in an amount equal to three percent (3%) of the direct cost of the materials and labor for the Work (and all change orders with respect thereto) to defray Landlord's administrative and overhead expenses incurred to review the Plans and coordinate with Tenant's project manager the staging and progress of the Work.
3.05 Notwithstanding anything to the contrary contained herein, up to $10.00 per square foot of Tenant’s acts or omissions or because 's Square Footage of a claim against the Allowance may be applied to the cost of the following: (i) permits and inspections, (ii) architectural and engineering costs, (iii) Tenant's moving costs, (iv) Landlord's supervisory fees, (v) the costs of consultants utilized by Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samethe Leased Premises, (vi) furniture or furnishings to be installed in the Leased Premises, (vii) telecommunications and cabling in the Leased Premises, (viii) Tenant's signage at the Leased Premises, and (ix) Base Rent due hereunder.
Appears in 1 contract
Samples: Lease Agreement (Pc Tel Inc)
Leasehold Improvements. a. Tenant accepts Landlord shall make the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or leasehold improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to shown on the exterior of Plans and Specifications that have been approved by Landlord (the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same"Work"). Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant Landlord shall be responsible for the cost of such alterations or signs. the Work, up to THIRTY and 00/100 DOLLARS ($30.00) per rentable square foot of the Premises, and Tenant shall have be responsible for all costs of completing the right Work in excess of such amount. Landlord and Tenant agree that all materials used in connection with the Work shall be of a quality at least equal to install its trade fixtures the quality of materials in Landlord's Building Standard Workletter, attached hereto as Exhibit "B." Within ten (10) business days after receipt of the Plans and equipment inSpecifications from Tenant, upon and about Landlord's approval thereof, Landlord shall provide Tenant with a leasehold analysis of the cost to complete the Work based on the Plans and Specifications. If the total cost to complete the Work as so determined exceeds THIRTY and 00/100 DOLLARS ($30.00) per rentable square foot of the Premises; provided, however, that then Tenant shall remove be obligated to pay to Landlord the same on amount of such excess, which amount shall be paid upon the later to occur of (i) the Commencement Date or before (ii) ten (10) business days after Landlord's delivery of an invoice therefor to Tenant. If the expiration cost to complete the Work is less than $30.00 per rentable square foot of this Leasethe Premises, and if so requested by Landlord, promptly after then Landlord shall apply any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused such excess to the Premises by reason first monthly installment or installments of Base Rent due hereunder. In addition to the foregoing, Landlord shall provide Tenant an allowance of SIX THOUSAND DOLLARS ($6,000.00) to be used for the installation of showers and locker rooms, it being understood that if Tenant does not elect to build the showers and locker rooms, Tenant may apply such installation or removal.
c. Tenant affluence to other build out costs. Landlord shall indemnify provide and hold Landlord harmless from and against all costs install a back-up generator (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant the "Generator") that will supply back-up power to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion portions of the Premises by reason of Building's HVAC system that are necessary to allow the Generator to operate Tenant’s acts or omissions or because of a claim against Tenant, 's HVAC system and the fire safety equipment only. Tenant shall cause provide the same reasonable specifications for the Generator to Landlord. Landlord shall bear the cost of the Generator, including equipment, material and installation, up to a total cost of One Hundred Forty Thousand Dollars ($140,000). If the total cost, as outlined above, for such Generator exceeds $140,000, then Tenant shall be canceled or discharged of record by bond or otherwise responsible for such excess costs and shall pay any such amount to Landlord within thirty ten (3010) business days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samereceipt of request therefor.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold improvements”) shall he owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding, Campus and/or Project; and (2) any signsLeasehold Improvements that are performed by or for the benefit of Tenant and, air conditioners in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. However, it is agreed that Required Removables shall not include any usual office improvements such as gypsum board, partitions, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 10 Business Days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable and actual costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.Alteration will be
Appears in 1 contract
Samples: Office Lease Agreement (Cardica Inc)
Leasehold Improvements. a. (a) Lessee shall comply with the provisions of Schedule 2 attached hereto entitled "Construction of Initial Leasehold Improvements." After receipt of the approved "Tenant accepts Construction Agreement" containing the pricing for the leasehold improvements , Lessor will partition and prepare said Premises “AS IS” without in accordance therewith; however, Lessor shall not be required to install any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs partitions or improvements except as expressly set forth which are not in this Lease. ADDITIONALLYconformity with the plans and specifications for the Building or which are not approved by Lessor or Lessor's architect, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant Lessor shall be responsible only for the cost of such alterations or signscosts and expenses described in Schedule 3 and only to the extent that they do not exceed the respective allowances indicated in Schedule 3. Tenant All installations in excess thereof shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Leasebe for Lessee's account, and Lessee shall pay, as additional rent hereunder, to Lessor an amount equal to Lessor's actual cost therefor, including associated architectural and engineering fees, if so requested any, plus a management cost recovery fee of FIVE PERCENT (5%) to cover overhead within THIRTY (30) days after being invoiced therefor. Additionally, Lessee shall pay all ad valorem taxes and increased insurance premiums that are payable on account of any of the leasehold improvements that are in addition to those items (or the quantities thereof) described on Schedule 3 hereto. Failure by LandlordLessee to pay any sums described in Section 26(a) or the Schedules hereto in full within THIRTY (30) days after its receipt of an invoice therefor will constitute failure to pay rent when due and an event of default by Lessee hereunder, promptly after any termination giving rise to all remedies available to Lessor under this lease and at law for nonpayment of this Lease; and provided, further, rent. It is stipulated that Tenant shall promptly thereafter repair all damage caused to time is of the Premises by reason essence in connection with Lessee's compliance with the terms of such installation or removalSchedule 2.
c. Tenant (b) Lessee shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs not be deemed to be the agent or representative of suit), losses, liabilities, or causes of action arising out of or relating to Lessor in making any such alterations, physical additions or improvements made by Tenant to the Premises, includingand shall have no right, but not limited to, work not completed power or authority to encumber any interest in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted the Project in connection therewith. This indemnification obligation shall survive the Term of therewith other than Lessee's leasehold estate under this Lease.
d. Should . However, should any contractor’s, mechanic’s mechanics' or other liens be filed against any portion of the Premises Project or any interest therein (other than Lessee's leasehold estate hereunder) by reason of Tenant’s Lessee's acts or omissions or because of a claim against TenantLessee or its contractors, Tenant Lessee shall cause the same to be canceled cancelled or discharged of record by bond or otherwise within thirty ten (3010) days after notice by LandlordLessor. If Tenant Lessee shall fail to cancel or discharge said lien or liens, within said thirty ten (3010) day period, Landlord which failure shall be deemed to be a default hereunder, Lessor may, at its sole optionoption and in addition to any other remedy of Lessor hereunder, cancel or discharge the same and upon Landlord’s Lessor's demand, Tenant Lessee shall promptly reimburse Landlord Lessor for all reasonable costs incurred in canceling cancelling or discharging such lien or liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesProject; and (2) any Leasehold Improvements (other than the Initial Alterations) that are performed by or for the benefit of Tenant after the date Landlord tenders possession of the Premises to Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlcrd advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsAll Leasehold Improvements shall, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth provided in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to remain upon the Premises nor post or attach or affix to at the exterior end of the Premises, any signs, air conditioners Term without compensation to Tenant. “Leasehold Improvements” shall mean and include all Initial Tenant Work and other leasehold improvements from time to time existing in or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and including without limitation any contractor’s, mechanics’ such leasehold improvements (if any) that exist as of the applicable delivery date or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive Term Commencement Date under this Lease or that are made by or for the benefit of Tenant (or any party acting under or through Tenant) before the Term of this Lease.
d. Should any contractor’s, mechanic’s Commencement Date or other liens be filed against any portion of thereafter from time to time during the Premises by reason of Term. Leasehold Improvements shall expressly exclude Tenant’s acts or omissions or because Property which shall remain the property of a claim against TenantTenant unless otherwise expressly agreed to by Landlord and Tenant in writing. Landlord, by written notice to Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within at least thirty (30) days prior to the Term Expiration Date, may require Tenant, at Tenant’s expense, to remove any Initial Tenant Work or other Leasehold Improvements or other affixed installations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard improvements for the Permitted Use (“Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, private baths and showers, vaults, rolling file systems, structural alterations and modifications and any Cable installed by or on behalf of Tenant. Tenant, at the time it requests approval for a proposed Alteration, including any Initial Tenant Work, as such terms may be defined in the Work Letter attached as Exhibit C, may request in writing that Landlord advise Tenant whether the Alteration, including any Initial Tenant Work, or any portion thereof, is a Required Removable. Within ten (10) Business Days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodreceipt of Tenant’s request, Landlord may, at its sole option, cancel shall advise Tenant in writing as to which portions of the Alteration or discharge other Leasehold Improvements are Required Removables. The Required Removables shall be removed by Tenant before the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred expiration or earlier termination of this Lease in canceling or discharging such liens, including attorney fees in connection accordance with sameArticle 20.
Appears in 1 contract
Samples: Lease Agreement (Icosavax, Inc.)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameTenant. Notwithstanding the foregoing, all Tenant’s Property (as defined in Article 15) shall remain the property of Tenant and shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of remain upon the Premises. It is understood and agreed that any Tenant’s Property which is minimally attached to the walls or floor of the Premises may be removed by Tenant, provided Tenant repairs any damage caused by such removal. However, Landlord, by written notice to Tenant not later than 30 days prior to the Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section 9.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type. The Required Removables designated by Landlord shall be responsible removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the cost sole purpose of such alterations or signsremoving the Required Removables. Tenant Tenant’s possession of the Premises shall have be subject to all of the right to install its trade fixtures terms and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant’s expense, may remove and if so requested dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, promptly after any termination of this Lease; and providedTenant, further, that Tenant shall promptly thereafter repair all damage caused to at the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs time it requests approval for a proposed Alteration (including reasonable attorneys’ fees and costs of suitdefined in Section 9.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alterations, Tenant shall cause the same if any, will be considered to be canceled a Required Removable. Any Required Removable identified by Landlord at the time Tenant requests approval for a proposed Alteration must be removed by Tenant whether or discharged of record not Landlord provides the written notice (to be sent not later than 30 days prior to the Termination Date) to Tenant as set forth above, and all other Alterations not so designated by bond or otherwise within thirty (30) days after notice Landlord as a Required Removable need not be removed by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameTenant.
Appears in 1 contract
Samples: Office Lease Agreement (Centrexion Therapeutics Corp)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions and to the Premises nor post or attach or affix to excluding Tenant’s Property (as that term is defined in Section 14 below), including the exterior Initial Improvements and any Alterations (collectively, “Leasehold Improvements”) shall remain upon the Premises at the end of the Premises, any signs, air conditioners or other objects Term without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable compensation to Tenant. Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that by written notice to Tenant shall remove given concurrently with Landlord’s approval of the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused applicable Leasehold Improvements to the Premises by reason of extent such installation or removal.
c. Tenant shall indemnify approval is required hereunder (and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice Tenant’s request for such determination with respect to any work for which Landlord’s approval is not required hereunder), may require Tenant, at its expense, to remove any Initial Improvements or Alterations, other than Cable (defined below), that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal restrooms and showers, vaults, rolling file systems and structural alterations and modifications. The designated Required Removables shall be removed by LandlordTenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodperform its obligations in a timely manner, Landlord maymay perform such work at Tenant’s expense. Tenant, at its sole optionthe time it requests approval for a proposed Alteration, cancel may request in writing that Landlord advise Tenant whether the Alteration or discharge any portion of the same Alteration is a Required Removable. Within ten (10) days after receipt of Tenant’s written request accompanied by plans and upon Landlord’s demandspecifications of the proposed Alterations at issue, Landlord shall advise Tenant in writing as to which portions of the Alteration are Required Removables. However, it is agreed that Required Removables shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging not include any usual office improvements such liensas gypsum board, including attorney fees in connection with samepartitions Building standard, ceiling grids and tiles, fluorescent lighting panels, Building standard doors and non-glued down carpeting.
Appears in 1 contract
Samples: Office Lease Agreement (Zipcar Inc)
Leasehold Improvements. a. Tenant Lessor and Lessee have agreed to plans for tenant improvements to the Premises, which plans are attached hereto as EXHIBIT "D." Subject to completion of such improvements, Lessee accepts the Premises “AS IS” without any agreementsin the current, representations"as is" condition. Subject to the terms and conditions of this SECTION 16.27, understandings the Lessor has provided to Lessee a refurbishment allowance (the "Allowance") of up to $33.84 per square foot of the Premises (including $29.84 for tenant improvements, $2.00 for relocation costs, $1.90 for full construction drawings and $.10 for preliminary drawings) to be utilized toward the design, construction, refurbishment and remodeling of the Premises (herein called the "Lessee Finish"). The Allowance has been provided upon of the following conditions:
(a) Lessor must approve all changes to Lessee's plans and specifications respecting the Lessee Finish to be undertaken, which approval shall not be unreasonably withheld, conditioned or obligations on delayed and shall be deemed given unless Lessor has disapproved same within twenty (20) days after Lessee delivers same to Lessor.
(b) Lessee shall obtain bids from at least three (3) competent contractors for the part construction. The Lessor may select one (1) of Landlord the contractors to submit bids and shall be allowed to participate in the review of the bids. Following the review of the bids, Lessee shall select the contractor to perform any alterations, repairs or improvements except the Lessee Finish based on Lessee's determination as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post most qualified contractor offering the lowest bid, subject to Lessor's approval, which shall not be unreasonably withheld, conditioned or attach or affix to the exterior delayed. Lessee shall promptly inform Lessor of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to samefinal construction costs for the Lessee Finish. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant Lessee shall be responsible for the cost management of such alterations or signs. Tenant the construction and the contractor.
(c) The Allowance shall have the right be delivered by Lessor to install its trade fixtures Lessee incrementally as construction progresses on a percentage completion basis within ten (10) days following receipt of a draw request, invoices and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, lien waivers therefor (and if so requested required by LandlordLessor, promptly after any termination of this Lease; and provided, further, a certificate from the contractor that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not has been completed in a workmanlike manner accordance with the plans and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewithspecifications). This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any The portion of the Premises Allowance attributable to relocation expenses, if not expended for improvements, shall be paid by reason Lessor to Lessee within the later of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within (i) thirty (30) days after notice by Landlord. If Tenant shall fail to cancel the Commencement Date; or discharge said lien or liens, within said (ii) thirty (30) day perioddays after written notice to Lessor with accompanying invoices substantiating such relocation expenses. If the total cost of the Lessee Finish (including design, demolition and construction costs) exceeds the Allowance, Lessee shall deposit with Lessor the balance of the funds required to complete the Lessee Finish within ten (10) days following Lessor's notice to Lessee of the amount due. Lessee shall not commence any Lessee Finish until Lessee deposits all amounts due. In no event will Lessor be required to expend funds in excess of the Allowance or in excess of the amount allocated to a particular item, and Lessee shall be and remain liable and responsible for the prompt payment of all costs, fees and expenses in excess of the Allowance. Any amounts expended by Lessor in excess of the Allowance shall be payable to Lessor by Lessee upon demand.
(d) The costs and fees for the design and space planning relating to the Lessee Finish shall be charged against the Allowance.
(e) Prior to beginning any such work, Lessee shall provide Lessor with evidence of builder's "all risk" insurance covering both Lessee and all of Lessee's contractors against third party liability or workers' compensation claims arising out of all construction and associated activities. All policies of insurance shall be subject to Lessor's prior approval, which approval shall not be unreasonably withheld, conditioned or delayed, and shall be endorsed showing Lessor and such agent or agents as Lessor may designate as additional named insureds. The provisions of this paragraph (as well as all rights and remedies available to Landlord mayas provided in the Lease should Tenant fail to meet its obligations hereunder) shall expressly survive the expiration or earlier termination of the Lease.
(f) The Lessee Finish shall be completed in accordance with the plans and specifications approved by Lessor, at its sole optionand Lessee shall provide to Lessor lien waivers and releases, cancel or discharge the same in recordable form, from all contractors, subcontractors and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred materialmen involved in canceling or discharging such liens, including attorney fees in connection with sameconstruction.
Appears in 1 contract
Samples: Office Lease (Exe Technologies Inc)
Leasehold Improvements. a. Tenant accepts may construct any Leasehold ---------------------- Improvement which does not affect the Premises “AS IS” without any agreements, representations, understandings structural parts or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s 's prior approval. Any other Leasehold Improvements may be made only after obtaining Landlord's consent, so long as such alterations do which consent shall not be unreasonably withheld or delayed. Landlord shall be deemed to have consented to any Leasehold Improvement, if Landlord has not reasonably withheld its consent to any Leasehold Improvement within fifteen (i15) affect days of Tenant's request for Landlord's consent to the structure Leasehold Improvement. All Leasehold Improvements constructed at Tenant's cost shall remain the property of Tenant during the Lease Term and may be removed from the Premises at any time. Landlord shall have no lien or electricalother interest whatsoever in any Leasehold Improvement and within ten (10) days following Tenant's request, plumbingLandlord shall execute documents in reasonable form to evidence Landlord's waiver of any right, title, lien, or mechanical systems of the Premises; or (ii) decrease the value of interest in Tenant's Leasehold Improvements located in the Premises. Tenant shall be responsible for restore all damage to the cost Premises caused by any removal of such alterations or signsthe Leasehold Improvements. Within ten (10) days following Landlord's receipt of written request by Tenant, Landlord shall inform Tenant shall have whether Landlord reserves the right to install its trade fixtures and equipment in, have any Leasehold Improvement installed by Tenant removed from the Premises by Tenant upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, shall remove any Cable (defined in Section 9.01 below), unless Landlord directs Tenant to leave such Cable in place as of the Termination Date. Tenant, at Tenant’s expense, shall remove any internal stairways, data centers, raised floors, personal baths and showers, vaults, rolling file systems, the Concrete Pads (defined in Section 9.04), and any portion(s) of the Cafeteria and/or Fitness Center other than in the location of the Cafeteria and/or Fitness Center, respectively, as of the Effective Date (collectively, the “Required Removables”) before the Termination Date. Tenant shall repair damage caused by the installation or other objects without memorializing removal of Required Removables. If Tenant fails to perform its obligations under this Article 8 in a timely manner, Landlord may perform such work at Tenant’s expense. Landlord shall, at the time it provides its approval for any proposed alterationsAlteration, attachmentsincluding any Initial Alterations, as such terms may be defined in the Work Letter attached as Exhibit C, advise Tenant in writing whether the particular Alteration, including any Initial Alterations, or fixtures in any portion thereof, will be included as a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingRequired Removable, provided, however, Tenant shall have remove the right to make interior, non-structural alterations Required Removables listed above in accordance with this Article 8 without further notification from Landlord unless prior to the Premises without Landlord’s consent, so long Termination Date Landlord directs Tenant to leave any of such Required Removables in place as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease Termination Date. Notwithstanding anything contained herein to the value of the Premises. contrary, in no event shall Tenant shall be responsible for the cost removal of such alterations or signs. Tenant shall have any supplemental HVAC units previously installed at the right to install its trade fixtures and equipment in, upon and about Property by Catamaran at the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion end of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameTerm.
Appears in 1 contract
Samples: Office Lease Agreement (Baxalta Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) Any and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or and improvements made by Tenant to the Premises, includingall attached furniture, but not limited toequipment and non-trade fixtures (collectively, work not completed in a workmanlike manner "Leasehold Improvements") shall be owned and any contractor’sinsured by Landlord and shall remain upon the Premises, mechanics’ all without compensation to Tenant. Any unattached and movable equipment or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’sfurniture, mechanic’s trade fixtures or other liens personalty ("Tenant's Property") shall be filed against owned and insured by Tenant. Landlord may, nonetheless, at any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise time within thirty (30) days after the expiration or earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within ten (10) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by Landlordsuch removal and perform such other work as is reasonably necessary to restore the Premises to a reasonably good condition less normal wear and tear. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodremove the Required Removables after Landlord's request therefor, Landlord maymay remove, store or dispose of the Required Removables at its sole optionTenant's cost, cancel or discharge the same and upon Landlord’s repair any damage caused by such removal and Tenant shall pay Landlord as additional Rent hereunder, on demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samecosts.
Appears in 1 contract
Samples: Office Lease (First Capital Income Properties LTD Series Xi)
Leasehold Improvements. a. (a) Tenant hereby accepts the Premises “AS ISas-is” without any agreementssubject to Landlord’s obligation to deliver the Premises in compliance with Exhibit C attached hereto. Tenant hereby agrees that the provisions of Exhibit D shall govern the construction of Tenant’s initial leasehold improvements. Once construction of the improvements has commenced and subject to Section 9.02(1) herein, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to construct the Premises nor post or attach or affix improvements in a commercially reasonable and diligent manner in accordance with Exhibit D attached hereto. Landlord agrees to the exterior of deliver the Premises, at Landlord’s expense, in Base Building Condition, as defined in Exhibit C attached hereto, on the Effective Date.
(b) Notwithstanding any signslanguage contained herein or in Exhibit D to the contrary, air conditioners if for any reason the Premises should not be ready for occupancy by the Commencement Date, Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof, however, the respective Rental Commencement Dates shall be extended on a day-for-day basis for each day of Landlord Delay, subject to the terms of Exhibit D.
(c) Except for Permitted Alterations (as defined below), Tenant shall not make or allow to be made any improvements, alterations or physical additions in or to the Premises, or place safes, vaults or other objects heavy furniture or equipment within the Premises, without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and first obtaining Landlord’s prior the written consent of Landlord which consent shall not be unreasonably withheld so long as said alterations are not unsightly from outside the Premises. Tenant shall deliver to sameLandlord a copy of the “as-built” plans and specifications for all alterations or physical additions so made in or to the Premises. Notwithstanding the foregoing, Tenant shall have the right to make interiornon-structural, non-structural MEP (mechanical, electrical, plumbing) alterations to (including painting and carpeting) without the Premises without Landlord’s consentconsent of Landlord (“Permitted Alterations”), so long as (i) Tenant notifies Landlord in writing of its intention to do such work at least ten (10) days prior to the initiation of such work, (ii) if any are prepared, Tenant provides to Landlord a copy of plans and specifications for such work, a construction schedule and a list of contractors and subcontractors, (iii) such alterations do not cause excessive loads on the Building and its systems and are not visible from the exterior of the Premises, and (iv) Tenant obtains and furnishes to Landlord required building permits and certificates of occupancy, if any are required. Subject to Landlord’s reasonable prior approval of such improvements as part of Tenant’s Construction Documents, Landlord hereby acknowledges and agrees that Tenant shall be entitled to make improvements to the portion of the Building fire stairways that connect any floors occupied solely by Tenant. Such improvements may include, without limitation, paint, wallcoverings, carpeting or other floor covering, decorative railing, upgraded lighting and upgraded ceilings. Any and all such improvements shall be subject to compliance with applicable Building code requirements.
(d) Approval by Landlord of any of Tenant’s drawings and plans and specifications prepared in connection with any alterations, improvements, modifications or additions to the Premises or the Project shall not constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications, or alterations, improvements, modifications or additions to which they relate, for any use, purpose or conditions, but such approval shall merely be the consent of Landlord as required hereunder. Any and all furnishing, equipping and improving of or other alteration and addition to the Premises shall be: (i) affect made at Tenant’s sole cost, risk and expense, and Tenant shall pay for Landlord’s actual third-party, out-of-pocket costs incurred to review the structure plans and specifications for any such alterations or electrical, plumbing, or mechanical systems of the Premisesadditions; or (ii) decrease performed in a prompt, good and workmanlike manner with labor and materials of such quality as Landlord may reasonably require; (iii) constructed in accordance with all plans and specifications approved in writing by Landlord prior to the value commencement of any such work (except for Permitted Alterations), which approval shall not be unreasonably withheld, conditioned or delayed; (iv) prosecuted diligently and continuously to completion so as to cause no interference with the normal business operations of other tenants in the Building, the performance of Landlord’s obligations under this lease or any mortgage or ground lease covering or affecting all or any part of the PremisesBuilding or the Land and any work being done by contractors engaged by Landlord with respect to or in connection with the Building; (v) performed by contractors approved in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; and (vi) Tenant shall obtain and furnish Landlord with a copy of the DeKalb County building permit and certificate of occupancy if required for any such improvement, and Tenant shall have no (and hereby waives all) right to payment or compensation for such building permit or certificate of occupancy. Tenant shall be responsible for the cost notify Landlord upon completion of such alterations, improvements, modifications or additions and Landlord shall inspect same for workmanship and compliance with the approved plans and specifications. Tenant and its contractors shall comply with all reasonable requirements Landlord may impose on Tenant or its contractors with respect to such work (including but not limited to, insurance, indemnity and bonding requirements), and shall deliver to Landlord a complete copy of the “as-built” or final plans and specifications for all alterations or signsphysical additions so made in or to the Premises (except for Permitted Alterations) within thirty (30) days of completing the work. Landlord will not be entitled to any construction management fee in connection with any Permitted Alterations but will be entitled to charge a five percent (5%) construction management fee for any other alterations, physical additions, modifications or improvements in or to the Premises for which Tenant selects Landlord to supervise such work.
(e) All alterations, physical additions, modifications or improvements in or to the Premises (including fixtures) shall, when made, become the property of Landlord and shall have the be surrendered to Landlord upon termination or expiration of this lease or termination of Tenant’s right to install its trade fixtures and equipment in, upon and about occupy the Premises, whether by lapse of time or otherwise, without any payment, reimbursement or compensation therefor; provided, however, that (i) Tenant shall retain title to and shall remove from the Premises movable equipment or furniture owned by Tenant, and (ii) Tenant repairs any damage caused thereby. Notwithstanding any of the foregoing to the contrary, Landlord shall have the right to require Tenant to remove any fixtures or leasehold improvements, alterations, additions or improvements including, without limitation, Tenant’s initial improvements to the Premises which are of a type not customary for normal office buildout (e.g., raised flooring, safes or vaults, dining rooms, etc.) including, without limitation, any cabling located outside of the Premises which shall include any cabling in the Building risers, chase, or between floors; provided, however, Landlord may only require such removal upon expiration or earlier termination of this lease if Landlord notified Tenant at the time Landlord approved Tenant’s plans that removal would be required. Landlord shall not have the right to require Tenant to remove standard office cabling or other computer or communication wiring that is located solely in the Premises. If Tenant does not remove such alterations, additions or improvements which Landlord is entitled to and requires Tenant to remove, Landlord has the right to remove the same on or before the expiration of this Lease, at Tenant’s sole cost and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalexpense.
c. (f) Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialmanmaterialmen’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. (g) Tenant shall have no power to act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the reversion or other estate of Landlord, the Project or the Premises. Should any contractor’s, mechanic’s or other liens liens, however, be filed against any portion of the Premises Project by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled cancelled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liensliens by bonding or otherwise in accordance with Georgia law, within said thirty (30) day 30)-day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs actually incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Samples: Lease Agreement (Homebanc Corp)
Leasehold Improvements. a. Tenant accepts shall comply with the Tenant improvement schedule attached hereto and made a part hereof as Exhibit "B". The Leased Premises “AS IS” without shall be remodeled and improved in accordance with Exhibit "B" and plans and specifications submitted and signed by Tenant. Landlord shall provide Tenant with a finish allowance of $15.00/square foot of Net Rentable Area ($111,405.00), plus demolition as set forth on Exhibit B-2 (the "Allowance"), to include space planning and design, construction, relocation costs, architectural and construction management, and MEP drawings. The Allowance shall include costs for demolition of partitions as shown on Exhibit "B-2" attached hereto. After receipt of the approved working drawings and pricing letter agreement described in said Exhibit "B", Landlord will partition and prepare said Leased Premises in accordance therewith; however, Landlord shall not be required to install any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs partitions or improvements except as expressly set forth which are not in this Leaseconformity with the plans and specifications for the Building or which are not approved by Landlord or Landlord's architect, and Landlord shall be required to bear the expense of installing only the items listed in Exhibit "B" hereto which can be installed at a cost not to exceed the Allowance. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior All installations in excess of the PremisesAllowance ("Tenant's Costs") shall be for Tenant's account, any signsand Tenant shall pay, air conditioners or other objects without memorializing such proposed alterationsas additional rent hereunder, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord, an amount therefor equal to Landlord's actual cost thereof, including associated architectural and engineering fees, if any, plus an additional charge of fifteen percent (15%) and obtaining Landlord’s prior written consent to samecover overhead, promptly upon being invoiced therefor. Notwithstanding the foregoingAdditionally, Tenant shall have the right pay all ad valorem taxes and increased insurance premiums that are payable on account of any of Tenant's improvements that are in addition to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not those items (ior quantities thereof) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesdescribed on Exhibit "B" hereto. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made Failure by Tenant to the Premises, including, but not limited to, work not completed pay any sums described in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted this Section 3.01 in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise full within thirty (30) days after notice its receipt of an invoice therefor will constitute failure to pay rent when due and an event of default by Tenant hereunder, giving rise to all remedies available to Landlord under this Lease and at law for nonpayment of rent. It is stipulated that time is of the essence in connection with Tenant's compliance with the terms of Exhibit "B". Landlord may make insubstantial changes in its preparation of the Leased Premises without Tenant's approval. Landlord may make substantial changes in its preparation of the Leased Premises only with Tenant's approval, which approval shall not be unreasonably withheld. Upon completion by Landlord of the work to be performed by it in preparation of the Leased Premises substantially in accordance with Exhibit "B", Landlord will tender possession of such premises to Tenant, and Tenant will accept and occupy the Leased Premises, if completed pursuant to Exhibit "B", subject to punch list items which Landlord will complete as soon as reasonably possible. The work to be performed by Landlord in the preparation of the Leased Premises shall be deemed to have been completed substantially in accordance with Exhibit "B", notwithstanding that adjustments may be required to be made by Landlord in its work and that minor items of Landlord's work have not been fully completed, so long as Tenant would be able to use the Leased Premises for the purpose provided hereunder upon performance of Tenant's own construction and installation of its fixtures and equipment. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Completion substantially in accordance with Exhibit "B" by Landlord may, at its sole optionbut need not be, cancel evidenced by a certificate of completion or discharge the same and upon certificate of substantial completion issued by Landlord’s demand's architect. Subject to Section 3.03, after such tender of possession by Landlord, Tenant may enter the Leased Premises under all the terms and conditions of this Lease (except that no rental shall promptly reimburse be payable until the commencement of the term as specified in Article 4 hereof) for the purpose of performing its construction work in the Leased Premises and installing its fixtures. Entry into possession by Tenant will constitute acknowledgment by Tenant that the Leased Premises are in the condition called for by this Lease and that Landlord for has performed all reasonable costs incurred in canceling or discharging such liensof Landlord's visible obligations relating to preparation of the Leased Premises, including attorney fees in connection with samebut subject to punch list items.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts A. Except as otherwise specifically provided elsewhere in this Lease or in the Work Letter Agreement, if any, attached hereto as Exhibit C and incorporated herein, all installations and improvements now or hereafter placed on or in the Premises “AS IS” without any agreementsby Landlord shall be for Tenant's account and at Tenant's cost, representations, understandings or obligations on the part of which cost shall be payable by Tenant to Landlord to perform any upon demand as additional Rent.
B. Any and all alterations, repairs or additions and improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signsall attached furniture, air conditioners equipment and non-trade fixtures (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Any unattached and movable equipment or furniture, trade fixtures or other objects without memorializing such proposed alterationspersonalty of Tenant ("Tenant's Property") shall be owned and insured by Tenant. Landlord may, attachmentsnonetheless, require Tenant to remove any Leasehold Improvements performed by or fixtures in a for the benefit of Tenant work letter and all electronic, phone and data cabling as are designated by Landlord (in form acceptable to Landlordthe "Required Removables") and obtaining Landlord’s prior written consent to sameat Tenant's sole cost. Notwithstanding In the foregoingevent that Landlord so elects, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as remove such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same Required Removables on or before the expiration of this Lease, and if so requested by Landlord, promptly after any or earlier termination of this Lease; Lease and provided, further, that Tenant shall promptly thereafter repair all any damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail fails to cancel or discharge said lien or liens, within said thirty (30) day periodremove the Required Removables after Landlord's request therefor, Landlord maymay remove, store or dispose of the Required Removables at its sole optionTenant's cost, cancel or discharge the same and upon Landlord’s repair any damage caused by such removal and Tenant shall pay Landlord as additional Rent hereunder, on demand, all such costs. Landlord shall not require Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging to remove any usual office improvements such liensas gypsum board, including attorney fees in connection with samepartitions, ceiling grids and tiles, fluorescent lighting panels, building standard doors and carpeting.
Appears in 1 contract
Samples: Office Lease (Tenera Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 11.03) (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. However, Landlord may require Tenant, at its expense, to remove (a) any Cable (defined in Section 11.01), and (b) any Initial Alterations or other objects without memorializing such proposed alterationssubsequent Alterations that constitute Required Removables (as defined below). Landlord agrees to indicate whether any Alterations are Required Removables at the time that it approves the final plans therefor (and if Landlord fails to do so, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant Landlord shall not have the right to make interiorrequire such removal), except with respect to Additional Alterations (defined in Exhibit C hereto), for which no such prior notice is required. “Required Removables” shall mean improvements that (I) are Specialty Alterations, or (II) are materially more expensive than standard office buildout to remove and restore. “Specialty Alterations” shall mean the Additional Alterations (defined in Exhibit C hereto), and any other improvements such as kitchens (other than a pantry installed for the use of Tenant’s employees only and of the type normally found in the space of office tenants in comparable buildings), executive bathrooms, raised computer floors, computer room installations, supplemental HVAC equipment and components, safe deposit boxes, vaults, libraries or file rooms, reinforcement of floors, internal staircases, slab penetrations, conveyors, dumbwaiters, non-structural alterations to Building standard life safety systems, security systems or lighting and other improvements of a similar character. The designated Required Removables shall be removed by Tenant before the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the PremisesExpiration Date. Tenant shall be responsible for repair damage caused by the cost installation or removal of such alterations or signsRequired Removables, reasonable wear and tear and damage caused by casualty excepted. Tenant shall have Notwithstanding anything herein to the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Leasecontrary, and if whether or not so requested designated by Landlord, promptly after any termination all Cable (as defined below) and telecommunications wiring installed by or on behalf of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalbe Required Removables.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. (a) No alteration, addition, improvement, or refinishing of or to the Leased Premises may be made by Tenant accepts without the Premises “AS IS” without any agreements, representations, understandings or obligations on the part prior written consent of Landlord to perform and without Landlord's approval of Tenant's plans and specifications therefor, which consent and approval may not be unreasonably withheld or delayed. Any permanent improvement made by Tenant becomes the property of Landlord upon the installation of such permanent improvement. Any other alteration, addition or improvement made by Tenant and any alterationsbuilding fixture installed by Tenant which constitutes a fixture (including wall-to-wall carpeting, repairs light and plumbing fixtures, wall paneling and air-conditioning equipment) becomes the property of Landlord upon the expiration or improvements except as expressly set forth in sooner termination of this Lease. ADDITIONALLYAt the termination of this Lease, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant is to surrender the Leased Premises as provided in Article XIII. Tenant is to pay or cause to be paid all costs for work done by it or caused to be done by it on the Leased Premises. Tenant agrees that it will make no exterior to indemnify and hold Landlord free and harmless against liability, loss, damage, costs, reasonable attorneys' fees and all other expenses on account of claims or structural alterations liens of laborers or additions to materialmen or others for work performed or materials or supplies furnished for Tenant or persons claiming under Tenant. This indemnity survives the Premises nor post expiration or attach or affix to the exterior earlier termination of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to samethis Lease. Notwithstanding the foregoing, Tenant shall have the right to may make interior, non-structural alterations minor improvements to the Leased Premises without Landlord’s consent, the prior written consent of Landlord so long as such alterations minor improvements do not (i) affect the structure or structural, mechanical, electrical, plumbingsecurity, sprinkler, energy management, or mechanical life safety systems of the Building or Leased Premises; , (ii) require the issuance of a building permit, or (iii) exceed $5,000.00.
(b) Without limiting Landlord's right to otherwise reasonably reject any proposed alteration, addition or improvement, Landlord will not be deemed unreasonable for rejecting any alteration or addition which (i) affects any structural or exterior element of the Building, any area or element outside of the Leased Premises or any facility serving any area of the Building outside of the Leased Premises, or (ii) decrease will require unusual expense to readapt the value Leased Premises to normal use after the Expiration Date or increase the cost of insurance on the Building unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost or that such readaptation will be made prior to the Expiration Date without expense to Landlord.
(c) All of Tenant's alterations are to be performed by Landlord's general contractor or by contractors or workmen first approved by Landlord, which approval will not be unreasonably withheld or delayed. Except for work to be performed by Landlord's general contractor, Tenant, before its work is started, must:
(i) secure all licenses and permits necessary therefore; (ii) deliver to Landlord a statement of the Premisesnames of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them; and (iii) cause each contractor to: (A) carry workmen's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance and property damage insurance with such limits as Landlord may reasonably require, and (B) deliver to Landlord certificates of all such insurance. Tenant shall be responsible for agrees to pay promptly when due the entire cost of any work done on the Leased Premises by Tenant, its agents, employees or independent contractors. If Landlord so requests and the cost of such alterations or signswork exceeds $5,000, Tenant must promptly obtain from Tenant's contractors performing any such work a performance and payment bond on the latest AIA form covering such contractor's obligees and in which Landlord is named as a dual obligee. Tenant shall have must provide Landlord drawings of any alterations made by Tenant, which drawings are to depict the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration location of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or including wall and door locations, electrical services and mechanical systems. All improvements made by Tenant to hereunder must be consistent with Applicable Law and the Premises, including, but not limited to, general demeanor of the Building. All such work not completed must be done in a good and workmanlike manner and be diligently prosecuted, and may not interfere with any contractor’strade union or the like performing work on the Building, mechanics’ the Adjoining Building or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive Parking Garage on behalf of Landlord, or Landlord's relationship (including a strike or work stoppage) with such trade union or the Term of this Leaselike.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements(a) All Leasehold Improvements in, representationson, understandings for, or obligations on the part of Landlord to perform any alterationswhich serve, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, shall immediately become the absolute property of the Landlord upon affixation or installation, without compensation therefor to the Tenant, but the Landlord shall have no obligation to repair, replace, operate, maintain, insure or be responsible in any signsway for them, air conditioners all of which shall be the Tenant’s responsibility. Subject to subsections 3.4(b) and 3.4(c), upon the expiration or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration termination of this Lease, all Leasehold Improvements in the Premises, including all fixed partitions (including floor to ceiling partitions which, although demountable, involve attachment to any floor, ceiling or permanent wall such that they cannot be removed without damage to the Premises but excluding the Tenant’s movable partitions such as free standing partitions or partial height partitions which can be removed without damage to the Premises and if so requested which shall be deemed to be removable trade fixtures) shall remain upon and be surrendered with the Premises as a part thereof without disturbance, molestation or injury and the same and any trade fixtures not removed by Landlordthe Tenant are the property of the Landlord absolutely, free of any liens or encumbrances and without payment therefor to the Tenant.
(b) The Landlord may, by notice to the Tenant prior to or promptly after any the expiration or other Termination of this Lease, require: the removal forthwith, at the expense of the Tenant, of the Tenant’s trade fixtures and those Leasehold Improvements installed in connection with the Tenant’s communication infrastructure, kitchen, cafeteria, fitness centre and daycare. If such notice is given prior to the expiration or other termination of this Lease; , such removal shall be completed by such expiration or termination.
(c) Notwithstanding anything herein contained, provided the Tenant has paid the Rent hereby reserved and providedperformed and observed all the covenants and conditions herein contained, further, that the Tenant shall promptly thereafter repair all have, at the expiration or other termination of this Lease, the right to remove its trade fixtures, provided that the Tenant repairs by the expiration or other termination of this Lease, at its own expense, any damage caused to the Premises caused by reason of such installation removal, such work to be done by or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to at the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion direction of the Premises by reason Landlord and at the expense of the Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Samples: Lease (Ritchie Bros Auctioneers Inc)
Leasehold Improvements. a. Tenant accepts A. Except as otherwise specifically provided elsewhere in this Lease or in the Work Letter Agreement, if any, attached hereto as Exhibit C and incorporated herein, all installations and improvements now or hereafter placed on or in the Premises “AS IS” without any agreementsshall be for Tenant's account and at Tenant's cost, representations, understandings or obligations on the part of which cost shall be payable by Tenant to Landlord to perform any upon demand as additional Rent.
B. Any and all alterations, repairs or additions and improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signsall attached furniture, air conditioners equipment and non-trade fixtures (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Any unattached and movable equipment or furniture, trade fixtures or other objects without memorializing personality of Tenant ("Tenant's Property") shall be owned arid insured by tenant. Landlord may, nonetheless, require Tenant to remove any Leasehold improvements performed by or for the benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such proposed alterationsRequired Removables on or before the expiration or earlier termination or this Lease and repair any damage caused by such removal. If Tenant fails to remove the Required Removables after Landlord's request therefor, attachmentsLandlord may remove, store or fixtures in a dispose of the Required Removable; at Tenant's cost, and repair any damage caused by such removal and Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameshall pay Landlord as additional Rent hereunder, on demand, all such costs. Notwithstanding the foregoing, Tenant may request in writing at the time it Submits its plans and specifications for an alteration, addition or improvement, that -Landlord advise Tenant whether Landlord wilt require Tenant to remove, at the termination at this Lease or Texxxx's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof and Landlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by require Tenant to remove any vault, stairway or computer room alterations installed in the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term regardless of this Leasewhether Landlord timely notified tenant that it would require such removal.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Attached to this Lease as Exhibit D are either: (a) the preliminary specifications for the improvements to be made to the Initial Leased Premises ("Improvements"); or (b) a tenant improvement allowance for such Improvements. To the extent Exhibit D simply sets forth a tenant improvement allowance for such Improvements, Landlord and Tenant accepts agree that, promptly following the Premises “AS IS” without any agreementsparties' execution of this Lease, representationsthey will meet to develop approved preliminary specifications for the Improvements. Once Landlord and Tenant have approved preliminary specifications (either by the initial attachment of the same hereto as Exhibit D or as a product of their meeting promptly following the execution of this Lease), understandings or obligations on Landlord will proceed with the part preparation of the final architectural and engineering drawings, plans and specifications for the Improvements. Once those drawings, plans and specifications are completed, Landlord will deliver a full set thereof to Tenant for its review and approval. The approved final drawings, plans and specifications ("Final Plans") are incorporated herein by this reference. If Exhibit D simply sets forth a tenant improvement allowance number and if the cost of constructing the Improvements in accordance with the approved Final Plans (as determined by Landlord's general contractor) exceeds the amount of such tenant improvement allowance, and if, following Tenant's receipt of written notice from Landlord of the amount of such excess costs and Tenant nonetheless authorizes Landlord to perform proceed to incur such excess costs, then, in such event, Tenant will pay any alterationssuch excess costs upon completion of said improvements and within ten days after Landlord's written demand for the payment thereof. If, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to following the Premises nor post or attach or affix to the exterior approval of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingFinal Plans, Tenant shall expresses a desire to make any revisions thereto, Tenant will so notify Landlord and Landlord will then ask its general contractor to prepare a cost estimate for the making of such changes. Landlord will promptly notify Tenant of any increased costs or savings resulting from such changes and Tenant will have the right to make interior, non-structural alterations require Landlord to cause such a change to be made to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the PremisesFinal Plans; provided, however, that such changes will not unreasonably affect the structural integrity or value of the Building. If the aggregate of all such changes results in a net increase in the cost of the construction of the Improvements, (net of any savings), then Tenant shall remove will pay such net increase to Landlord within 10 business days after Landlord's written demand for the same payment thereof. Landlord will cause the Improvements to be constructed in accordance with the Final Plans. Landlord will use its best efforts to substantially complete construction of the Improvements on or before the targeted Commencement Date set forth in the Lease Summary, subject to delays caused by the occurrence of events beyond its reasonable control, including, without limitation, labor troubles, inability to procure materials, restrictive governmental laws and pronouncements, acts of God, unseasonable weather, Tenant's failure to timely respond to any matter submitted for its review and Tenant's requested change orders ("Delay Events"). The establishment of the substantial completion date referred in the immediately preceding sentence is predicated upon the various Milestone Dates referred to in Exhibit D being met in a timely manner with respect to the preparation, submission and approval of all preliminary specifications and Final Plans. Tenant agrees that it will review and either approve or specify its objections to any documents or drawings submitted to it for its review and approval hereunder within five business days after its receipt of the same. If Landlord's inability to substantially complete the Improvements on or before the targeted Commencement Date set forth in the Lease Summary is attributable to any Delay Event (other than those tenant-caused delays referred to in the immediately succeeding sentence), then the Commencement Date will be deferred by the number of days of the delay in substantially completing the Improvements which is caused by the occurrence of any such Delay Events. If Landlord is unable to substantially complete construction of improvements on or before the date which is 120 days after both parties' execution of the Lease, for any reason other than the occurrence of a Delay Event, then Tenant will thereafter have the right for 30 days after the expiration of such 120 day period to terminate this Lease by delivery of written notice to such effect to Landlord. Notwithstanding anything to the contrary contained herein, if Landlord's inability to substantially complete the improvements on or before the targeted Commencement Date set forth in the Lease Summary is attributable to Tenant-caused delays (including, without limitation, Tenant's failure to timely respond to any manner submitted for its review, delays caused by Tenant's requested change orders, as verified by Landlord's general contractor, or Tenant's failure to meet the Milestone Dates referred to in the Lease Summary), then the Commencement Date will remain as set forth in Exhibit F, notwithstanding the fact that the Improvements are not yet substantially completed, and Tenant will, from and after the Commencement Date, have an obligation to pay Base Rent, Estimated Operating Expense Payments and perform all of its other obligations and duties hereunder. For the purposes of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to Improvements will be deemed substantially completed on the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion earlier of the date on which Tenant occupies the Leased Premises or the date on which a temporary or permanent certificate of occupancy for the Improvements is issued by reason the appropriate governmental authority. Landlord will be responsible for securing a certificate of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause occupancy for the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge improvements from the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameappropriate governmental authority.
Appears in 1 contract
Leasehold Improvements. a. Landlord agrees to construct and install the Leasehold Improvements (herein so called) which are generally described in preliminary drawings and design criteria attached hereto as Exhibit “B” and made a part hereof. Immediately after the execution hereof Landlord and Tenant accepts will cooperate with one another to prepare final plans and specifications for the Premises construction and installation of the Leasehold Improvements. Such final plans and specifications, when approved in writing by Landlord and Tenant, shall be attached to this Lease as Exhibit “AS ISB-x” without any agreements, representations, understandings and shall become a part hereof. No failure or obligations refusal on the part of Landlord Tenant to perform any alterations, repairs approve final plans and specifications within a reasonable time after the execution hereof shall render this Lease void or improvements except as expressly voidable nor shall it delay the Commencement Date set forth in this Leaseparagraph l(d) hereof. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. No delay caused by Tenant agrees that it will make no exterior during the construction or structural alterations or additions to the Premises nor post or attach or affix to the exterior installation of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding Leasehold Improvements shall delay the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration Commencement Date of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of Lease from what it would have been had such installation or removal.
c. Tenant shall indemnify and hold delay not occurred. Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord mayshall, at its sole optioncost, cancel procure all building and other permits required for the construction of the Leasehold Improvements as contemplated by this paragraph 5, and Landlord shall pay all mitigation fees, impact fees, tap-in and connection fees or discharge other fees assessed against Landlord incidental to such construction. Landlord and Tenant acknowledge that the same Landlord has computed the Basic Rental by budgeting an allowance of $238,710.12 (the “Allowance”) for Interior Tenant Improvements (herein so called) to be constructed within the Building. Both parties acknowledge that the Allowance is not a firm budget nor a final estimate of costs. Should the total cost of the Interior Tenant Improvements exceed the Allowance, the annual Basic Rental shall be automatically increased by an amount equal to 10% of such excess. Similarly, should the total cost of the interior Tenant Improvements be less than the Allowance, the annual Basic Rental shall be automatically decreased by an amount equal to 10% of such savings. Within a reasonable time following the Commencement Date, Landlord and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling execute an amendment to this Lease setting forth the final annual Basic Rental and monthly Basic Rental resulting from any increases or discharging such liensdecreases, including attorney fees in connection with sameif any, set forth above.
Appears in 1 contract
Samples: Industrial Lease Agreement (Collegiate Pacific Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and structural modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant's expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. by Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord"Tenant's Property") shall be owned and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premisesinsured by Tenant. Tenant shall be responsible for the cost of remove all such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to Tenant's Property from the Premises by reason in accordance with the terms of such installation or removal.
c. Tenant shall indemnify Article XXXV hereof. Any and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or and improvements made by Tenant to the Premises, includingincluding any built-in furniture (collectively, but not limited to"Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, work not completed in a workmanlike manner and all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any contractor’s, mechanics’ time within six (6) months after the expiration or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term earlier termination of this Lease.
d. Should Lease or Tenant's right to possession, require Tenant to remove any contractor’sLeasehold Improvements performed by or for the benefit of Tenant and all electronic, mechanic’s or other liens be filed against any portion of phone and data cabling as are designated by Landlord (the Premises by reason of "Required Removables") at Tenant’s acts or omissions or because of a claim against Tenant's sole cost. In the event that Landlord so elects, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise remove such Required Removables within thirty ten (3010) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by Landlordsuch removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant shall fail fails to cancel remove any specified Required Removables or discharge said lien or liensto perform any required repairs and restoration within the time period specified above, Landlord, at Tenant's sole cost and expense, may remove, store, sell and/or dispose of the Required Removables and perform such required repairs and restoration work. Tenant, within said thirty five (305) day perioddays after demand from Landlord, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for any and all reasonable costs incurred in canceling or discharging such liens, including attorney fees by Landlord in connection with samethe Required Removables.
Appears in 1 contract
Samples: Office Lease (Symbion Inc/Tn)
Leasehold Improvements. a. 9.1 Tenant accepts to take space "as is" and shall at its cost, construct its leasehold improvements. The above notwithstanding, Landlord has in accordance with specific agreement with Tenant, made certain modifications to the Premises “AS IS” without demised space at no cost to Tenant. Landlord further warrants that modifications which were made for the previous Tenant and which continue to exist were made in accordance with Federal and Local code provisions and that a Certificate of Occupancy was duly tendered by the Borough of New Providence. Tenant, has been in possession of the demised space under a sub-lease since May 1, 1995 and hereby affirms that the space as defined under Clause 1 of this Lease was tendered in satisfactory condition.
9.2 Tenant acknowledges that except as herein otherwise expressly provided, neither Landlord nor any agreements, representations, understandings or obligations on the part agent of Landlord to perform has made any alterations, repairs representation or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions warranty with respect to the Premises nor post or attach the Building or affix with respect to the exterior suitability of either for the Premisesconduct of Tenant's business, nor has Landlord agreed to undertake any signsmodification, air conditioners alteration or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations improvement to the Premises without Landlord’s consent, so long except as indicated above. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such alterations time in satisfactory condition.
(a) Tenant shall not do not (i) nor permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate or affect any fire or other insurance upon the structure Building or electrical, plumbingany of its contents, or mechanical systems cause a cancellation of any insurance policy covering said Building or any part thereof or any of its contents, nor shall Tenant sell or permit to be kept, used or sold in or about said Premises any articles which may be prohibited by standard form policy of fire insurance.
(b) Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Premises; Building, or (ii) decrease injure or annoy them, or use or allow the value of Premises to be used for an unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in or about the Premises. Tenant shall not commit or suffer to be responsible for committed any waste in or upon the Premises. Tenant shall not bring onto the Premises any apparatus, equipment or supplies that may overload the Premises or the Building or any utility or elevator systems or jeopardize the structural integrity of the Building or any part thereof.
(c) Tenant shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with, and at its sole cost and expense shall promptly comply with, any Legal Requirement now in force or which may hereafter be enacted or promulgated relating to the condition, use or occupancy of the Premises, excluding structural changes. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any Legal Requirement, shall be inclusive of the fact as between Landlord and Tenant.
9.4 In the event Tenant shall require any work in addition to Landlord's work, it shall advise Landlord of such requirement and Landlord shall submit in writing to Tenant the extra cost of such alterations or signsadditional work, together with the details of the scope of such work to be performed ("Extra Tenant Work"). In the event Tenant requests Extra Tenant Work, it shall have pay the right cost thereof to install its trade fixtures Landlord within fifteen (15) days after written requisition thereof and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested certification by Landlord, promptly after any termination of this Lease; and provided, further, 's architect that the Extra Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalWork has been completed as required.
c. Tenant 9.5 Landlord covenants and agrees that all Landlord's Work shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed be performed in a good and workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Leaseaccordance with all applicable laws and regulations.
d. Should any contractor’s, mechanic’s or other liens 9.6 The Premises shall be filed against any portion of deemed Ready for Occupancy upon the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameCommencement Date.
Appears in 1 contract
Samples: Lease Agreement (Computer Outsourcing Services Inc)
Leasehold Improvements. a. (a) Tenant accepts shall receive a tenant improvement allowance of $31.00 per square foot of Rentable Square Feet (the “Tenant Improvement Allowance”), to be paid in installments in accordance with Exhibit D, no more often than once per month. Tenant may elect to increase the Tenant Improvement Allowance by up to an additional $5.00 per square foot of Rentable Square Feet by giving written notice of its desire to do so to Landlord on or before the Floor Ready Date, in which event the Initial Base Rental payable hereunder shall increase by $0.18 per Rental Square Foot per annum for each dollar of increase of Tenant Improvement Allowance which Tenant elects to use above the primary allowance of $31.00 per RSF. Tenant hereby agrees that the provisions of Exhibit D shall govern the construction of Tenant’s initial leasehold improvements. Tenant shall not install any improvements which are not compatible with Landlord’s plans and specifications for the Building or which are not approved by Landlord or Landlord’s architect. Landlord shall at Landlord’s cost provide to Tenant on-floor improvements as described in Exhibit C “Base Building Shell Condition.”
(b) Notwithstanding any language contained herein or in Exhibit D to the contrary, if for any reason the Leased Premises “AS IS” should not be ready for occupancy by the Commencement Date, Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason thereof.
(c) Tenant shall not make or allow to be made any alterations or physical additions in or to the Leased Premises, or place safes, vaults or other heavy furniture or equipment within the Leased Premises, without any agreements, representations, understandings or obligations on first obtaining the part written consent of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written which consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, not be unreasonably withheld so long as such said alterations do not (i) affect impact on Building systems or structure and are not visible from outside the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Leased Premises. Tenant shall be responsible deliver to Landlord a copy of the record drawings for the cost of such all alterations or signsphysical additions so made in or to the Leased Premises. Tenant shall have further specifically agrees that no food, soft drink or other vending machine will be installed within the right to install its trade fixtures and equipment inLeased Premises without the written consent of Landlord, upon and about the Premises; providedwhich consent will not be unreasonably withheld, howeverdelayed or conditioned, provided that Tenant shall remove be allowed to install such vending machines for the same on or before sole use of Tenant’ s employees so long as the expiration vending machine is not visible from outside of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalLeased Premises.
c. (d) Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Leased Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialmanmaterialmen’s liens asserted in connection therewith. This indemnification obligation No portion of Landlord’s interest in the Building shall survive the Term be subject to attachment on account of this Leaseany work performed by or on account of Tenant, and Tenant shall provide written notice of same to all of its contractors.
d. (e) Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises Building by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameand if canceling or discharging such liens requires active managerial oversight by Landlord, Landlord shall be entitled to collect an administrative fee equal to fifteen percent (15%) of the cost thereof.
Appears in 1 contract
Samples: Sublease Agreement (Cumberland Pharmaceuticals Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited towithout limitation, work not completed standard installed lab equipment and any Alterations (defined in Section 9.03) (collectively, "LEASEHOLD IMPROVEMENTS") shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, in compliance with the National Electric Code or other applicable Law, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at its expense, to remove any Alterations that, in Landlord's reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office or laboratory improvements (the Cable and such other items collectively are referred to as "REQUIRED REMOVABLES"). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a workmanlike manner timely manner, Landlord may perform such work at Tenant's expense. Tenant, at the time it requests approval for a proposed Alteration, including any Initial Office Alterations or Initial Lab Alterations, as such terms may be defined in the Work Letter attached as EXHIBIT C, may request in writing that Landlord advise Tenant whether the Alteration, including any Initial Office Alterations or Initial Lab Alterations, or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant's request, Landlord shall advise Tenant in writing as to which portions of the alteration or other improvements are Required Removables. All specialized equipment, trade fixtures and any contractor’s, mechanics’ furnishings not attached to the Premises shall remain the property of Tenant and must be removed by Tenant upon termination or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term expiration of this Lease.
d. Should . Notwithstanding any contractor’sprovision hereof to the contrary, mechanic’s the following shall constitute personal property of Tenant which shall be removed by Tenant upon termination or other liens be filed against any portion expiration of this Lease, absent the express agreement of Landlord and Tenant to the contrary: all moveable personal property, and furniture, furnishings and equipment, such as computers, servers, phone system, work stations, power poles, desks, tables, chairs, projectors, and lab equipment such as portable freezers, refrigerators, mixers, centrifuges, biosafety cabinets, cage washers, autoclaves, stirrers, rotors, ovens, incubators, cell sorters, flow Cytometers, microscopes, water baths, unaffixed lab tables, pumps, gas cylinders, and regulators. It is expressly understood and agreed that the following shall become the property of Landlord upon the installation thereof and shall remain on the Premises by reason upon termination or expiration of Tenant’s acts or omissions or because of a claim against Tenantthis Lease: generators, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty fume hoods, and affixed tables, benches and cabinets (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord except for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samebiosafety cabinets).
Appears in 1 contract
Samples: Office and Laboratory Lease Agreement (Combinatorx, Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant, provided that Tenant, at its expense, shall remove any Cable (defined in Section 9.01 below). In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant’s expense, to remove any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (the Cable and such other items collectively are referred to as “Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, including any Initial Alterations or Landlord Work, as such terms may be defined in the Work Letter attached as Exhibit C, may request in writing that Landlord advise Tenant whether the Alteration, including any Initial Alterations or Landlord Work, or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the alteration or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameimprovements are Required Removables. Notwithstanding the foregoing, Tenant shall have the right not be required to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems remove any portion of the Premises; or (ii) decrease Landlord Work shown on the value Space Plans as of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration date of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of as such installation or removalterms are defined in Exhibit C-1.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. The Tenant accepts may make Leasehold Improvements provided that:
(a) the Premises “AS IS” without Tenant shall furnish the Landlord with professionally prepared plans and specifications therefor;
(b) if any agreementsproposed Leasehold Improvements affect the structure, representationsthe walls, understandings the systems or obligations on the part exterior appearance of the Building, such plans and specifications shall be approved by the Landlord and, at its election, any Expert;
(c) the Tenant shall advise the Landlord of the identity of its contractors and tradesmen and their respective labour affiliations;
(d) the Landlord shall either approve any contractors proposed by the Tenant to perform any alterationswork which may affect the structure, repairs the walls or improvements except as expressly set forth the systems of the Building or, upon provision of detailed reasonable grounds, require that any such work be performed by either the Landlord or its contractors in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. which case the Tenant agrees that it will make no exterior or structural alterations or additions shall pay the Landlord's Cost on account thereof; the Landlord may refuse to allow the contractors and tradesmen of the Tenant access to the Premises nor post Building if their labour affiliations may conflict with those of the Landlord or attach those employed by it or affix if they are not competent;
(e) the Tenant shall produce evidence satisfactory to the exterior Landlord as to the existence of all necessary permits and sufficient insurance coverage;
(f) the Tenant shall pay the Landlord's Cost on account of the Premisesfees of any Expert appointed to review the plans and specifications whether or not the work proceeds;
(g) construction of the Leasehold Improvements shall be performed in accordance with the plans and specifications submitted to the Landlord and, where applicable, approved by the Landlord, subject to any signs, air conditioners conditions or other objects without memorializing such proposed alterations, attachments, or fixtures regulations imposed by the Landlord and in a good and workmanlike and expeditious manner using good quality materials;
(h) the Landlord may inspect construction as it proceeds (the onus being on the Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding advise the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, Landlord whenever any phase has been completed so long as such alterations do not that an inspection can be made);
(i) affect if the structure or electrical, plumbing, or mechanical systems Tenant fails to observe any of the Premisesrequirements of this section the Landlord may require that construction stop and that the Premises be restored to their prior condition failing which the Landlord may do so and the Tenant shall pay the Landlord's Cost on account thereof; or and
(iij) decrease notwithstanding any other provision of this lease, the value Tenant shall pay only the Landlord's out-of-pocket costs for the supervision of construction and review of Tenant's drawings relating to its construction, from time to time, of Leasehold Improvements for the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. 5.1.1 As-Is. Tenant accepts has made a complete inspection of the Leased Premises and agrees it will accept the Leased Premises “AS ISas-is” without any agreements, representations, understandings or obligations on the part date hereof and without recourse to Landlord, subject to the terms of Exhibit E-1.
5.1.2 Alterations (i) Tenant shall not make or allow to be made (except as otherwise provided in this Lease) any alterations or physical additions (including fixtures) in or to the Leased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment that may impact the Building's load within the Leased Premises without first obtaining the written consent of Landlord. If Landlord consents to said alterations or physical additions, Landlord may impose such conditions with respect thereto as are reasonably appropriate, including without limitation, (i) requiring Tenant to furnish (a) Landlord with security for the payment of all costs to be incurred in connection with such work, (b) insurance against liabilities which may arise out of such work, and (c) plans and specifications, and permits for such work, (ii) requiring Tenant remove any and all such alterations or physical additions (including fixtures) in or to the Leased Premises prior to the expiration or earlier termination of this Lease at Tenant's sole cost and expense, (iii) requiring Tenant remove any telecommunications equipment and/or other facilities for telecommunications (including, without limitation, all wires, cables, fibers, equipment and connections for Tenant's telephone, data transmission, video and other telecommunications services collectively, “Tenant's Wiring”), (iv) requiring Tenant to use a contractor reasonably approved by Landlord, and/or (v) requiring Tenant to pay Landlord's inspection fees associated with such alterations or physical additions. Tenant shall repair any damage to the Leased Premises and the Project caused by the removal of such alterations, physical additions, telecommunications equipment, other facilities for telecommunications, and Tenant's Wiring. Tenant's plans and specifications and construction means and methods shall be subject to Landlord's written approval. Tenant shall furnish to Landlord any documents and information requested by Landlord in connection with the exercise of its rights hereunder. Landlord may hire outside consultants to review such documents and information furnished to Landlord and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys' fees, upon demand. In all events, the work necessary to make any permitted alterations or physical additions to the Leased Premises shall be done at Tenant's expense and shall be subject to the Construction Rules and Regulations attached hereto as Exhibit E-2, as they may be amended from time to time. If any proposed alterations or physical additions pursuant to this Section 5.1.2
(i) would be likely to materially affect the structural components or major mechanical, electrical or plumbing systems of the Building, Landlord shall have the right to perform such work and Tenant shall reimburse Landlord in an amount equal to Landlord's costs plus Landlord's overhead expenses (not to exceed eight (8%) of costs), which shall be payable on demand. Any changes to plans approved by Landlord in accordance with this Section 5.1.2(i) shall be subject to Landlord's review and re-approval.
(ii) If, as a result of Tenant's specific use of the Leased Premises or the making of any permitted alterations or physical additions pursuant to Section 5.1.2, any alterations, repairs additions, or improvements except shall be required to be made to any part of the Leased Premises or the Project to comply with the requirements of any applicable law, ordinance, rule or regulations including, without limitation, the requirements of the Americans with Disabilities Act (“ADA”), the Occupational Safety & Health Administration (“OSHA”), or the orders or requirements imposed by any Health Officer, Fire Xxxxxxxx or Building Inspector, Tenant shall be solely responsible for the costs incurred to effect such compliance. If the required alteration, addition or improvement will not affect the structural components or major mechanical, electrical or plumbing systems of the Building, Tenant shall perform such work subject this Section 5.1 and to the Construction Rules and Regulations attached hereto as expressly set forth Exhibit E-2. If the required alteration, addition or improvement would be likely to materially affect the structural components or major mechanical, electrical or plumbing systems of the Building, Landlord shall have the right to perform such work and Tenant shall reimburse Landlord in this Lease. ADDITIONALLYan amount equal to Landlord's costs plus Landlord's overhead expenses (not to exceed eight (8%) of costs), EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVEDwhich shall be payable on demand.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures (iii) Notwithstanding anything contained in a Tenant work letter (in form acceptable to LandlordSection 5.1.2(i) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingabove, Tenant shall have the right to make interiorperform, non-structural alterations with prior written notice to the Premises but without Landlord’s 's consent, so long any alteration, addition, or improvement that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as such alterations do painting, hanging pictures and installing carpeting; (2) is not visible from the exterior of the Leased Premises or Building; (i3) will not affect the systems or structure or electrical, plumbing, or mechanical systems of the PremisesBuilding; or (ii4) decrease costs less than $25,000.00 in the value aggregate during any twelve (12) month period of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration Term of this Lease, and if so requested by Landlord(5) does not require work to be performed inside the walls or above the ceiling of the Leased Premises. However, promptly after any termination even though Landlord consent is not required, the performance of Cosmetic Alterations shall be subject to all of the other provisions of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalSection 5. 5.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Samples: Office Space Lease Agreement
Leasehold Improvements. a. Tenant accepts Landlord shall construct the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or leasehold improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions pursuant to the Premises nor post or attach or affix plans and specifications for the leasehold improvements attached hereto as Exhibit E (the “Leasehold Improvements”). Landlord agrees to be responsible for the cost of the Leasehold Improvements per the agreed to space plan. To the extent that the Tenant adds any additional Tenant Improvement costs to the exterior of the Premisesagreed to space plan, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premisesexcess costs; provided, however, however that Tenant shall remove Landlord must obtain Tenant’s prior written consent before expending any sums in excess of the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused agreed to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewithspace plan. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any The portion of the Premises by reason of Leasehold Improvement Cost, which is Tenant’s acts or omissions or because of a claim against Tenant, responsibility shall be paid by Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice of the completion of the Leasehold Improvements as evidenced by Landlorda certificate of occupancy or a certificate of Tenant’s architect or engineer. On or prior to October 1, 2002, Landlord and Tenant shall jointly inspect the Premises to determine if the Premises are in the condition required under Exhibit E. If the Premises are in the condition required by Exhibit E, the Term shall be deemed to commence in accordance with the provisions of the Lease. If the Premises are not in the condition required by the Lease, Tenant may conditionally accept the Premises using the following procedure: Tenant shall fail deliver to cancel Landlord a list of the items which Landlord must complete or discharge remediate in order to bring the Premises into compliance with the Lease and the time period within which each said lien item is to be completed (each of which dates shall be referred to as the “agreed completion date” for that item. Such items on the list (“Punchlist”) shall be attached to a conditional acceptance letter to be prepared by Tenant. If the items on the Punchlist are not completed according to the provisions of the Punchlist on or liens, within prior to the agreed completion date for each said thirty (30) day perioditem, Landlord mayshall continue to be obligated to complete each said item in accordance with the terms of the Punchlist and conditional acceptance letter, at its sole option, cancel or discharge the same and upon Landlord’s demand, but Tenant shall promptly be entitled to complete the uncompleted items on its own, in which event Tenant shall be entitled to set off against the Base Rent the reasonable costs of completing the items in question unless Landlord shall reimburse Landlord Tenant for all the reasonable costs incurred by Tenant in canceling or discharging completing said items, within ten (10) days following written demand by Tenant for such liens, including attorney fees reimbursement. Tenant reserves the right to object to latent defects in connection with samethe Premises.
Appears in 1 contract
Samples: Commercial Lease (Ciprico Inc)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreementsAll Leasehold Improvements shall, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth provided in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to remain upon the Premises nor post or attach or affix to at the exterior end of the Premises, any signs, air conditioners Term without compensation to Tenant. “Leasehold Improvements” shall mean and include all Initial Tenant Work and other leasehold improvements from time to time existing in or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and including without limitation any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive such leasehold improvements (if any) that exist as of the Term Commencement Date under this Lease or that are made by or for the benefit of this Lease.
d. Should Tenant (or any contractor’sparty acting under or through Tenant) before the Term Commencement Date or thereafter from time to time during the Term. Landlord, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, written notice to Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within at least thirty (30) days prior to the Term Expiration Date, may require Tenant, at Tenant’s expense, to remove any Alterations performed by Tenant (excluding the Initial Tenant Work) or other affixed installations made by Tenant (or any party acting under or through Tenant) under this Lease, or under any prior lease or other agreement to which Tenant was a party or otherwise, that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (“Required Removables”). Required Removables shall include, without limitation, internal stairways, raised floors, private baths and showers, vaults, rolling file systems and structural alterations and modifications. Tenant, at the time Tenant requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within ten (10) Business Days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day periodreceipt of Tenant’s request, Landlord may, at its sole option, cancel shall advise Tenant in writing as to which portions of the alteration or discharge other improvements are Required Removables. The Required Removables shall be removed by Tenant before the same and upon Landlord’s demandexpiration or earlier termination of this Lease in accordance with Section 20. For the avoidance of doubt, Tenant shall promptly reimburse not be required to remove any portion of the Initial Tenant Work performed by Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.under Exhibit C.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts Pursuant to the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth provisions in this Lease and the UTEP Ground Lease, the LESSEE shall obtain the LESSOR‟s and UTEP‟S approval prior to the construction of any leasehold improvements. ADDITIONALLYWithin 90 days of the Effective Date of the Lease, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEor at least 60 days prior to the date of any subsequent improvements proposed by XXXXXX, LANDLORD MAKES NO WARRANTIESthe LESSEE shall submit to the LESSOR and UTEP the LESSSE‟S plans, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior specifications and working drawings for XXXXXX's construction or structural alterations or additions of any improvements to the Premises nor post or attach or affix (the “Leasehold Improvements”), and a schedule for completion of such Leasehold Improvements for review and approval. Such Leasehold Improvements shall include, but not be limited to the exterior installation of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterationsawnings, attachmentscanopies, landscaping or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameon the Premises or GRTT. Notwithstanding In addition, the foregoing, Tenant LESSEE shall have pay for all of the right to make interior, non-structural alterations costs for any necessary improvements to the Premises without Landlord’s consentdesired by LESSEE or required by law to permit the preparation, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems handling and serving of the Premises; or (ii) decrease the value of food on the Premises. Tenant During construction, the construction of the Leasehold Improvements shall be responsible for not interfere with access from the cost Premises to the common areas of such alterations or signsGRTT and the area designated as the Pedestrian Plaza. Tenant LESSEE shall have the no right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused whatsoever to the interior or exterior walls or the roof of the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the GRTT outside the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same except as expressly approved. Any Leasehold Improvements permitted to be canceled installed by LESSEE shall incorporate new or discharged completely reconditioned fixtures and materials. No work shall commence until the City Manager or her designee has given written approval. It is specifically understood that the Real Estate division is only one of record by bond numerous departments of the LESSOR and that, in addition to obtaining approval of the Real Estate Manager, LESSEE shall be required to obtain the approval of other departments as well, such as Engineering, Municipal Services, or otherwise within thirty (30) days after notice by LandlordBuilding and Planning Services. If Tenant In addition, pursuant to the terms and conditions of the Ground Lease, the LESSEE agrees that the approval of the Leasehold Improvements from UTEP shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samealso be required.
Appears in 1 contract
Samples: Retail Lease Agreement
Leasehold Improvements. a. Tenant accepts Any trade fixtures, unattached and movable equipment or furniture, or other personalty brought into the Premises “AS IS” by Tenant ("Tenant's Property") shall be owned and insured by Tenant. Tenant shall remove all such Tenant's Property from the Premises in accordance with the terms of Article XXXV hereof. Any and all alterations, additions and improvements to the Premises, including any built-in furniture (collectively, "Leasehold Improvements") shall be owned and insured by Landlord and shall remain upon the Premises, all without compensation, allowance or credit to Tenant. Landlord may, nonetheless, at any agreementstime prior to, representationsor within six (6) months after, understandings the expiration or obligations on earlier termination of this Lease or Tenant's right to possession, require Tenant to remove any Leasehold Improvements performed by or for the part benefit of Tenant and all electronic, phone and data cabling as are designated by Landlord (the "Required Removables") at Tenant's sole cost. In the event that Landlord so elects, Tenant shall remove such Required Removables within fifteen (15) days after notice from Landlord, provided that in no event shall Tenant be required to remove such Required Removables prior to the expiration or earlier termination of this Lease or Tenant's right to possession. In addition to Tenant's obligation to remove the Required Removables, Tenant shall repair any damage caused by such removal and perform such other work as is reasonably necessary to restore the Premises to a "move in" condition. If Tenant fails to remove any specified Required Removables or to perform any alterationsrequired repairs and restoration within the time period specified above, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLYLandlord, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEat Tenant's sole cost and expense, LANDLORD MAKES NO WARRANTIESmay remove, EXPRESS OR IMPLIEDstore, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior sell and/or dispose of the PremisesRequired Removables and perform such required repairs and restoration work. Tenant, within five (5) days after demand from Landlord, shall reimburse Landlord for any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures and all reasonable costs incurred by Landlord in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameconnection with the Required Removables. Notwithstanding the foregoing, Tenant may request in writing at the time it submits its plans and specifications for an alteration, addition or improvement, that Landlord advise Tenant whether Landlord will require Tenant to remove, at the termination of this Lease or Tenant's right to possession hereunder, such alteration, addition or improvement, or any particular portion thereof and Landlord shall advise Tenant within twenty (20) days after receipt of Tenant's request as to whether Landlord will require removal; provided, however, Landlord shall have the right to make interiorrequire Tenant to remove any vault, non-stairway, raised floor or structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to installed in the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term regardless of this Leasewhether Landlord timely notified Tenant that it would require such removal.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Samples: Office Lease (Merrill Corp)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to shall improve the Premises nor post or attach or affix by performing the following work ("Landlord's Work"):
(i) installation of a demising wall, pit levelers, doors and other work in the warehouse portion of the Premises as more particularly described in Schedule 1 of the Landlord Work Agreement attached hereto as Exhibit B ("Landlord's Warehouse Work"); (ii) construction of certain additional improvements in the warehouse portion of the Premises as more particularly described in Schedule 2 of the Landlord Work Agreement ("Landlord's Additional Warehouse Work"); and (iii) construction of twenty-five thousand (25,000) square feet of office space within the Premises in accordance with the Landlord Work Agreement ("Landlord's Office Work"). Landlord will design and construct Landlord's Warehouse Work at Landlord's cost and expense. Landlord will design and construct Landlord's Additional Warehouse Work at Tenant's cost and expense. Landlord will provide Tenant with an allowance of Five Hundred Sixty-Two Thousand Five Hundred Dollars ($562,500.00) (the "Allowance") to cover the exterior cost of designing and constructing Landlord's Office Work. If the cost of designing and constructing Landlord's Office Work is less than the Allowance, such savings shall be retained by Landlord. If the cost of designing and constructing Landlord's Office Work exceeds the Allowance, Tenant shall pay such excess in accordance with the Landlord Work Agreement as Additional Rent. Landlord's Warehouse Work, Landlord's Additional Warehouse Work, and Landlord's Office Work each shall be deemed to be substantially completed on the date that Landlord has substantially completed such portion of Landlord's Work, subject to completion of "punch list" items, as determined in accordance with the Landlord Work Agreement. By taking possession of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable will be deemed to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to accepted the Premises without and Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems 's Work and to have waived all claims of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to defect in the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive subject to completion of punch list items during the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within first thirty (30) days after notice by Landlordfollowing substantial completion of each of the warehouse and office portions of the Premises, respectively, and correction of latent defects during the first one hundred eighty (180) days following substantial completion of each of the warehouse and office portions of the Premises, respectively. Prior to taking occupancy of each of the warehouse and office portions of the Premises, Landlord and Tenant shall jointly inspect the applicable portion of the Premises and jointly prepare a punch list of items to be completed. During the first month of Tenant's occupancy of each of the warehouse and office portions of the Premises, respectively, from time to time at Tenant's request, Landlord and Tenant shall jointly re-inspect the Premises and jointly update the applicable punch list. If Landlord and Tenant cannot agree on the punch list, the Architect shall fail make such determination. Landlord shall proceed in a commercially reasonable manner to cancel diligently correct or discharge said lien complete all punch list items. With respect to latent or liens, within said hidden defects not discovered during the first thirty (30) day perioddays following substantial completion of each of the warehouse and office portions of the Premises, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demandrespectively, Tenant may give Landlord written notice during the first one hundred eighty (180) days following substantial completion of each of the warehouse and office portions of the Premises, respectively, and Landlord shall promptly reimburse Landlord for all proceed in a commercially reasonable costs incurred in canceling manner to diligently correct such latent or discharging such liens, including attorney fees in connection with samehidden defects as soon as practicable.
Appears in 1 contract
Leasehold Improvements. a. Landlord and Tenant hereby agree that (i) Tenant accepts the Leased Premises “in its "AS IS” without ", "WHERE-IS" and "WITH ALL FAULTS" condition broom-cleaned and with all of the prior tenant's personal property removed therefrom, and (ii) Landlord is not providing any agreementsplans, representationsspecifications, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements to the Leased Premises, except as expressly provided in Paragraph 11., however, Landlord has agreed, as set forth in this Lease. ADDITIONALLYParagraph 5., EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. to provide Tenant agrees that it will make no exterior or structural alterations or additions with a cash allowance (the "Tenant Improvement Allowance") of an amount equal to Twenty Seven and 00/100 Dollars ($27.00) per square foot of RSF initially contained within the Leased Premises solely for the purposes and subject to the provisions hereinafter set forth. Tenant shall use the Tenant Improvement Allowance to pay for the costs of construction of certain improvements, including public restroom upgrades, space planning and completion of construction documents, move consultant fees, technology consultant fees, project management fees, moving expenses, architecture and engineering fees (hereinafter referred to as the "Work") in the Leased Premises nor post or attach or affix in accordance with this paragraph 5 and the Work Letter attached hereto as Exhibit "F". The Tenant Improvement Allowance shall be paid from time to time by Landlord as provided in Exhibit "F" hereto, and in the exterior event of any unpaid balance remaining after the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoingWork has been fully paid, Tenant shall have the right to credit up to Two and 00/100 Dollars ($2.00) per rentable square foot of the Leased Premises of the unused portion of such allowance towards the next installment(s) of rent provided however, Tenant shall so use the Tenant Improvement Allowance or make interiorsuch credit toward rent no later than the 1stanniversary date of the Commencement Date, non-structural alterations and any balances thereafter remaining shall be forfeited after such date and Tenant shall have no further rights with respect thereto. During any period that Tenant shall be permitted or required to enter the Leased Premises prior to the Premises Commencement Date (to plan or perform Tenant's initial work), Tenant shall comply with all terms and provisions of this Lease including, without Landlord’s consentlimitation, so long as such alterations do the insurance provisions hereof and lien-free completion provisions hereof, except those provisions requiring the payment of Base Rental and Additional Rental. If Landlord performs construction management services, Tenant shall pay to Landlord a two percent (2%) construction management fee, not to exceed Fifty-Four Cents (i54/100) affect the structure or electrical, plumbing, or mechanical systems per rentable square foot of the Leased Premises; or . Landlord shall perform construction management services with diligence, speed and continuity. If Tenant performs construction management services, Landlord shall charge Tenant a one percent (ii1%) decrease the value review and supervision fee to review plans and supervise construction, not to exceed Twenty-Seven Cents (27/100) per rentable square foot of the Leased Premises. Tenant may designate architects, general contractors, engineers and other consultants to perform the Work, subject to Landlord approval, which approval shall not be unreasonably withheld, conditioned or delayed. The construction management fee or review and supervision fee shall be responsible for deducted from the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removalImprovement Allowance.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts All improvements to the Premises “AS IS” (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant given at least 60 days prior to the Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed after the Commencement Date by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building; and (2) any agreementsLeasehold Improvements that are performed by or for the benefit of Tenant after the Commencement Date and, representationsin Landlord's reasonable judgment, understandings are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as "Required Removables"). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any type, but Required Removables shall not include any such items installed before the Commencement Date. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or obligations on removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and dispose of the part Required Removables and perform the required repairs. Tenant, within 30 days after receipt of Landlord to perform any alterations, repairs or improvements except as expressly an invoice (which shall be accompanied by reasonable supporting documentation of the amounts set forth in this Lease. ADDITIONALLYsuch invoice), EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to shall reimburse Landlord for the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to reasonable costs incurred by Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Samples: Participation and Put Option Agreement (Inktomi Corp)
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or All improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix (collectively, “Leasehold Improvements”) shall be owned by Landlord and shall remain upon the Premises without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the exterior Termination Date, may require Tenant to remove, at Tenant’s expense: (1) Cable (defined in Section IXA) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the PremisesBuilding; and (2) any Leasehold Improvements that are performed by or for the benefit of Tenant and, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (collectively referred to as “Required Removables”). Without limitation, it is agreed that Required Removables include internal stairways, raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications of any signstype. The Required Removables designated by Landlord shall be removed by Tenant before the Termination Date, air conditioners provided that upon prior written notice to Landlord, Tenant may remain in the Premises for up to 5 days after the Termination Date for the sole purpose of removing the Required Removables. Tenant’s possession of the Premises shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or other objects without memorializing such proposed alterations, attachments, removal of Required Removables. If Tenant fails to remove any Required Removables or fixtures perform related repairs in a Tenant work letter (in form acceptable to timely manner, Landlord) , at Tenant’s expense, may remove and obtaining dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have Tenant, at the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not time it requests approval for a proposed Alteration (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts (a) All Leasehold Improvements shall immediately upon their placement become the Landlord’s property without compensation to the Tenant. Subject to Sections 3.6(b) and 3.6(c), upon the termination of this Lease, all Leasehold Improvements in the Premises “AS IS” shall remain upon and be surrendered with the Premises as a part thereof without disturbance, molestation or injury to them and any agreementstrade fixtures not removed by the Tenant by the expiration or sooner termination of this Lease shall be the property of the Landlord absolutely, representationsfree of any liens or encumbrances and without payment therefor to the Tenant.
(b) The Landlord may, understandings by notice to the Tenant prior to or obligations on promptly after the termination of this Lease, require the removal, at the expense of the Tenant, of any or all of the Leasehold Improvements and require the Tenant to restore the Premises, and any other part of Landlord the Development affected thereby, to perform the condition in which they existed prior to the installation and removal of the foregoing and to repair forthwith of any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions damage to the Premises nor post or attach the Development caused by such removal, such work to be done forthwith by or affix at the direction of the Landlord and at the expense of the Tenant. Such removal and repair shall be completed if reasonably possible by the date of termination of this Lease and otherwise promptly thereafter. If the Tenant does not remove the Leasehold Improvements prior to the exterior expiry or earlier termination of the PremisesTerm, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant Landlord shall have the right to make interior, non-structural alterations do so and the Tenant shall pay to the Premises without Landlord’s consentLandlord on demand, so long as such alterations do not Additional Rent, all costs incurred by the Landlord in connection therewith, plus an administration fee of fifteen percent (i15%) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or costs.
(iic) decrease Notwithstanding anything herein contained, provided the value of Tenant has paid the Premises. Rent hereby reserved and performed and observed all the covenants and conditions herein contained, the Tenant shall be responsible for have, at the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration termination of this Lease, and if so requested by Landlordthe right to remove the Tenant’s Property provided that the Tenant repairs promptly following such removal, promptly after at its own expense, any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises or the Development caused by reason such removal, such work to be done by or at the direction of the Landlord and at the expense of the Tenant. If the Tenant does not remove the Tenant’s Property prior to the expiry or earlier termination of the Term, such installation Tenant’s Property shall, at the option of the Landlord, be deemed abandoned and become the property of the Landlord and may be removed from the Premises and sold or removal.
c. disposed of by the Landlord in such manner as it deems advisable and the Tenant shall indemnify and hold pay to the Landlord harmless from and against on demand, as Additional Rent, all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made incurred by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted Landlord in connection therewith. This indemnification obligation shall survive the Term , plus an administration fee of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion fifteen percent (15%) of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with samecosts.
Appears in 1 contract
Samples: Lease Agreement
Leasehold Improvements. a. Tenant accepts the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord All improvements in and to perform any alterations, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, including any signsAlterations (defined in Section 9.03) (collectively, air conditioners “Leasehold Improvements”) shall remain upon the Premises at the end of the Term without compensation to Tenant. In addition, Landlord, by written notice to Tenant at least 30 days prior to the Termination Date, may require Tenant, at Tenant’s expense, to remove any Landlord Work or Alterations that, in Landlord’s reasonable judgment, are of a nature that would require removal and repair costs that are materially in excess of the removal and repair costs associated with standard office improvements (such items collectively are referred to as “Required Removables”), provided that if Tenant has requested that Landlord advise Tenant as to whether any Alterations are Required Removables at the time Tenant requests approval for a proposed Alteration as provided below, and Landlord does not identify certain portions of the Alterations as Required Removables, then Landlord shall have no right to require Tenant to remove at the end of the Term any such portion of the Alteration which Landlord had not so identified as a Required Removable at the time Tenant requested approval of the Alteration. Required Removables shall include, without limitation, internal stairways (other than the internal stairway currently existing in the Premises as of the date of this Lease, as the same may be expanded in connection with the Initial Alterations), raised floors, personal baths and showers, vaults, rolling file systems and structural alterations and modifications. The Required Removables shall be removed by Tenant before the Termination Date. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to perform its obligations in a timely manner, Landlord may perform such work at Tenant’s expense. Tenant, at the time it requests approval for a proposed Alteration, including any Initial Alterations as such term may be defined in the Work Letter attached as Exhibit C, may request in writing that Landlord advise Tenant whether the Alteration, including any Initial Alterations or Landlord Work, or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the alteration or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sameimprovements are Required Removables. Notwithstanding the foregoing, Tenant shall have the right to make interiorLandlord agrees that, non-structural alterations to except for the Premises without Landlord’s consentSecured Area (as herein defined) and the showers, so long the improvements identified on the Space Plans (as such alterations do not (i) affect defined in the structure or electricalWork Letter attached as Exhibit C), plumbing, or mechanical systems as specifically shown thereon as of the Premises; or (ii) decrease the value of the Premises. Tenant date hereof, shall not be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration of this Lease, and if so requested by Landlord, promptly after any termination of this Lease; and provided, further, that Tenant shall promptly thereafter repair all damage caused to the Premises by reason of such installation or removaldeemed Required Removables.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with same.
Appears in 1 contract
Samples: Office Lease Agreement (Rapid7 Inc)
Leasehold Improvements. a. (a) Landlord agrees to cause to be performed, at Landlord’s sole cost and expense, the work more particularly described in Exhibit “B” and based on mutually approved plans and specifications dated (“Landlord’s Base Building Work”). In addition, Landlord agrees to cause to be performed the work more particularly described in “Exhibit B-1” attached hereto and made a part hereof (“Landlord’s TIA Work”) subject to “Landlord’s Work Cost Threshold” as hereinafter described. Both Landlord’s Base Building Work and Landlord’s TIA Work shall be performed by Landlord’s contractor in a lien-free, good and workmanlike manner. Though included in Landlord’s TIA Work and to be performed by Landlord’s contractor, all costs approved by Tenant accepts in advance and in writing related to data, cabling and security shall be borne by Tenant. Landlord and Tenant acknowledge and agree that Landlord’s TIA Work, as the Premises “AS IS” without any agreements, representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements except same has been projected as expressly set forth in this Lease. ADDITIONALLY, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or structural alterations or additions to the Premises nor post or attach or affix to the exterior of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to same. Notwithstanding the foregoing, Tenant shall have the right to make interior, non-structural alterations to the Premises without Landlord’s consent, so long as such alterations do not (i) affect the structure or electrical, plumbing, or mechanical systems of the Premises; or (ii) decrease the value of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration date of this Lease, is expected to cost (exclusive of architectural and if so engineering fees and the costs of demolition (including removal of the mezzanine), construction of the stairway and repair or replacement of windows and blinds, all of which shall be borne solely by Landlord as part of Landlord’s Base Building Work and shall not be counted against Landlord’s Work Cost Threshold) no more than Eight Hundred Seventy-One Thousand Four Hundred and 00/100 Dollars ($871,400.00) ($40.00 per square foot of Premises Usable Area) (“Landlord’s Work Cost Threshold”). Subject to Section 34(b), any Excess Costs over and above Landlord’s Work Cost Threshold shall be borne equally (50-50) by Landlord and Tenant.
(b) Notwithstanding the foregoing and to the extent Tenant has requested by enhancements to either Landlord, promptly after any termination ’s Base Building Work or Landlord’s TIA Work following the date of this Lease; , as such requests have been made in writing (“Enhancements”), Landlord shall initially bear the costs of such Enhancements and providedthe actual cost of such Enhancements shall be handled as follows: at Tenant’s option, furtherup to Fifty-Four Thousand Four Hundred Sixty-Two and 50/100 Dollars ($54,462.50) ($2.50 per square foot of Premises Usable Area of 21,785 square feet), that Tenant shall promptly thereafter repair all damage caused to the Premises by reason extent the same is actually incurred, may be added to Annual Base Rent at an interest rate of Ten Percent (10%) over the ten (10) year term of the Lease and the balance of such installation or removal.
c. Tenant costs above the foregoing amount shall indemnify and hold Landlord harmless from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made be paid by Tenant to the Premises, including, but not limited to, work not completed Landlord in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise cash within thirty (30) days after notice by Landlord. If of the date Landlord delivers its written invoice for such costs.
(c) Landlord hereby agrees to allow Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge inspect the same and upon Premises from time-to-time over the course of Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameWork.
Appears in 1 contract
Leasehold Improvements. a. Tenant accepts All improvements tx xxx Premises (collectively, "Leasehold Improvements") shall be owned by Landlord and shall remain upon the Premises “AS IS” without compensation to Tenant. However, Landlord, by written notice to Tenant within 30 days prior to the Termination Date, may require Tenant to remove, at Tenant's expense: (1) Cable (defined in Section IX.A) installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building; and (2) any agreementsLeasehold Improvements that are performed by or for the benefit of Tenant and, representationsin Landlord's reasonable judgment, understandings or obligations on are of a nature that would require removal and repair costs that are materially in excess of the part of Landlord removal and repair costs associated with standard office improvements (collectively referred to perform any alterationsas "Required Removables"). Without limitation, repairs or improvements except as expressly set forth in this Lease. ADDITIONALLYit is agreed that Required Removables include internal stairways, EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASEraised floors, LANDLORD MAKES NO WARRANTIESpersonal baths and showers, EXPRESS OR IMPLIEDvaults, AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, INCLUDING WITHOUT LIMITATION THOSE OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY NEGATED AND WAIVED.
b. Tenant agrees that it will make no exterior or rolling file systems and structural alterations or additions to the Premises nor post or attach or affix to the exterior and modifications of the Premises, any signs, air conditioners or other objects without memorializing such proposed alterations, attachments, or fixtures in a Tenant work letter (in form acceptable to Landlord) and obtaining Landlord’s prior written consent to sametype. Notwithstanding the foregoing, if Tenant so requests, at the time which Tenant submits to Landlord the final construction plans for Tenant's initial Leasehold Improvements, Landlord shall have advise Tenant of those Leasehold Improvements which shall be deemed to be Required Removables. The Required Removables designated by Landlord shall be removed by Tenant before the right Termination Date, provided that upon prior written notice to make interiorLandlord, non-structural alterations to Tenant may remain in the Premises without Landlord’s consent, so long as such alterations do not (i) affect for up to 5 days after the structure or electrical, plumbing, or mechanical systems Termination Date for the sole purpose of removing the Required Removables. Tenant's possession of the Premises; or (ii) decrease the value Premises shall be subject to all of the Premises. Tenant shall be responsible for the cost of such alterations or signs. Tenant shall have the right to install its trade fixtures terms and equipment in, upon and about the Premises; provided, however, that Tenant shall remove the same on or before the expiration conditions of this Lease, including the obligation to pay Rent on a per diem basis at the rate in effect for the last month of the Term. Tenant shall repair damage caused by the installation or removal of Required Removables. If Tenant fails to remove any Required Removables or perform related repairs in a timely manner, Landlord, at Tenant's expense, may remove and if so requested dispose of the Required Removables and perform the required repairs. Tenant, within 30 days after receipt of an invoice, shall reimburse Landlord for the reasonable costs incurred by Landlord. Notwithstanding the foregoing, promptly after any termination of this Lease; and providedTenant, further, that Tenant shall promptly thereafter repair all damage caused to at the Premises by reason of such installation or removal.
c. Tenant shall indemnify and hold Landlord harmless from and against all costs time it requests approval for a proposed Alteration (including reasonable attorneys’ fees and costs of suitdefined in Section IX.C), losses, liabilities, may request in writing that Landlord advise Tenant whether the Alteration or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Premises, including, but not limited to, work not completed in a workmanlike manner and any contractor’s, mechanics’ or materialman’s liens asserted in connection therewith. This indemnification obligation shall survive the Term of this Lease.
d. Should any contractor’s, mechanic’s or other liens be filed against any portion of the Premises by reason Alteration will be designated as a Required Removable. Within 10 days after receipt of Tenant’s acts or omissions or because 's request, Landlord shall advise Tenant in writing as to which portions of a claim against Tenantthe Alteration, Tenant shall cause the same if any, will be considered to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, Landlord may, at its sole option, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all reasonable costs incurred in canceling or discharging such liens, including attorney fees in connection with sameRequired Removables.
Appears in 1 contract