LESSEE'S WORK. 10.1 Following the completion of the Leasehold Improvements, Lessee shall not have the right to execute any changes, alterations, additions, erections, leasehold improvements, repairs and installations to the Leased Premises (the "Lessee's Work"), unless it has obtained Lessor's prior written consent, which consent shall not be unreasonably withheld or unduly delayed. In the event Lessor consents to such Lessee's Work, then Lessee undertakes to conform to the conditions stipulated hereunder. (i) Lessee's Work shall be carried out with reasonable dispatch and in a good workmanlike manner and in compliance with all applicable permits, authorizations, building and zoning bylaws and with all regulations and requirements of all competent authorities having jurisdiction over the Leased Premises; (ii) The Building shall at all times be free of all pledges, registered legal hypothecs and any other encumbrances relating to the Lessee's Work; (iii) Lessee shall maintain Lessee's workmen's compensation insurance covering all persons employed in connection with the Lessee's Work and shall produce evidence of such insurance to Lessor and Lessee shall also maintain such general liability insurance for the protection of Lessor and Lessee upon the terms Lessor may reasonably require, as well as contractor's protective liability insurance. Lessee shall further comply with all of the rules of the CSST (Commission de la Sante et de la Securite au Travail du Quebec); (iv) Lessor shall be entitled to bid on the performance of the Lessee's Work, and the Lessee shall give serious consideration to such bid, so long as the cost is competitive; (v) Lessee shall promptly pay for all materials supplied and work done by or on its behalf in respect of the Leased Premises in order to ensure that no legal hypothec is registered against any portion of the Building. If a legal hypothec is registered or filed, the Lessee shall, within ten (10) days of receipt of written notice of its existence, discharge it at its expense, failing which the Lessor may, at its option, discharge the same by paying the amount claimed to be due into court and the amount so paid and all expenses of the Lessor including any judicial and extrajudicial costs and attorney's fees incurred by the Lessor shall be paid by the Lessee to the Lessor within five (5) days after demand. It is agreed and understood that no Lessee's Work by or on behalf of Lessee shall be permitted which, in Lessor's sole reasonable judgement, may weaken or endanger the structure or adversely affect the condition or operation of the Leased Premises and/or the Building or diminish the value thereof or restrict or reduce Lessor's coverage for insurance purposes. 10.2 Lessor shall be entitled to inspect the Lessee's Work; the Lessee shall pay, in respect of any such inspection the fees of all architectural and engineering consultants and/or the cost of all construction drawings prepared to comply with the Lessee's requirements and/or for the cost of entering the information of such drawings on the original drawings of the Building plus an administration fee representing ten percent (10%) of such cost for Lessor's supervision, overhead and administration. Each time the Lessee does some Lessee's Work in the Leased Premises, even if Lessee's Work is less than twenty-five thousand dollars ($25,000.00) the Lessee shall pay for the cost of entering the information of such drawings on the original drawings of the Building, as the case maybe, plus an administration fee representing ten percent (10%) of such cost. 10.3 Any Lessee's Work made by the Lessee without the prior written consent of the Lessor, or which is not made in accordance with the design criteria and specifications approved by the Lessor, shall be removed by the Lessee immediately upon demand and the Leased Premises shall be restored to their previous condition by the Lessee, the whole at Lessee's cost, failing which the Lessor shall have the right to remove said Lessee's Work at Lessee's entire cost and Lessor shall not be responsible for damages to Lessee's property resulting from such removal. 10.4 Notwithstanding anything contained in this Article, in the event that the Lessee's Work affects the structure of the Building or its mechanical or electrical systems, same shall, should the Lessor so decide, be performed by the Lessor, provided always that the costs thereof shall be competitive. In the event that Lessor does not choose to execute said Lessee's Work and consents to having Lessee execute same, then Lessee shall furnish to Lessor plans and specifications showing in reasonably complete detail the Lessee's Work proposed to be carried out and the estimated cost thereof. Lessor shall approve or reject such plans and specifications within fifteen (15) days after receipt of the same. If such plans and specifications are approved, all Lessee's Work shall be carried out in compliance with same. Furthermore, in the case where Lessee is authorized to carry out said Lessee's Work, Lessee shall, at its cost, provide Lessor with an engineer's certificate upon completion of said Lessee's Work. Any costs reasonably incurred by Lessor in order to permit Lessor to approve or reject Lessee's plans and specifications plus an administration fee representing ten percent (10%) of such cost shall be reimbursed by Lessee immediately upon Lessor's request. In addition to the above, Lessee shall comply with all the conditions stipulated in 10.1 and 10.3 above. 10.5 Notwithstanding anything contained in this Article, the Lessor confirms that should the Lessee's Work relate to decoration, painting or matters of a cosmetic or temporary nature not affecting the structure of the Building or its mechanical or electrical systems, the Lessee shall be entitled to perform same without the necessity of obtaining the prior written approval of the Lessor. 10.6 It is agreed and understood that when completed, all Lessee's Work shall be comprised in and form part of Leased Premises and be subject to all the provisions of the Lease. Furthermore, any authorization given by Lessor to Lessee to do any Lessee's Work in accordance with this Article, shall not relieve Lessee of its responsibility for the Lessee's Work in question.
Appears in 1 contract
Samples: Lease Agreement (H Power Corp)
LESSEE'S WORK. 10.1 Following Lessee intends to make initial alterations and improvements to the completion Demised Premises (such initial alterations and improvements are referred to herein as “Lessee’s Work”). Prior to the commencement of the Leasehold Improvementsany construction of any of Lessee’s Work, Lessee shall not have the right submit to execute any changes, alterations, additions, erections, leasehold improvements, repairs Lessor for approval complete architectural plans and installations to the Leased Premises specifications for Lessee’s Work (the "Lessee's Work"“Plans and Specifications”), unless it has obtained prepared by a reputable and competent professional architect or engineer appointed by Lessee and which is licensed to practice in the State of Ohio. Lessor will pay for all costs associated with the initial architectural space plans and all revisions in order to provide Lessor the required Plans and Specifications up to but not in excess of Twelve Thousand and 00/100 Dollars ($12,000.00) (such costs are based upon a proposal submitted to Lessor by Lessee’s architect dated August 28, 2006 for such architectural services). There shall be no charge by Lessor for the review of such Plans and Specifications or any inspections that Lessor deems necessary with regard to Lessee’s Work. Lessee may, at its election, subject to Lessor's prior written consent, ’s approval (which consent such approval shall not be unreasonably withheld withheld, conditioned or unduly delayed), select a general contractor for the completion of Lessee’s Work (“Lessee’s GC”). In To maintain continuity between the event base building systems and the system in the Demised Premises (which the parties acknowledge will provide for a more efficient and productive system), Lessor consents to such recommends that Lessee's Work’s GC use the same mechanical, then Lessee undertakes to conform to the conditions stipulated hereunder.
electrical & plumbing subcontractors (i“MEP Contractors”) Lessee's Work shall be carried out with reasonable dispatch and in a good workmanlike manner and in compliance with all applicable permits, authorizations, building and zoning bylaws and with all regulations and requirements of all competent authorities having jurisdiction over the Leased Premises;
(ii) The Building shall at all times be free of all pledges, registered legal hypothecs and any other encumbrances relating to the Lessee's Work;
(iii) Lessee shall maintain Lessee's workmen's compensation insurance covering all persons employed as Lessor used in connection with the Base Building Improvements to complete any alterations or improvements associated with any mechanical, electrical and plumbing systems that are a part of Lessee's Work and shall produce evidence of such insurance to Lessor and Lessee shall also maintain such general liability insurance for the protection of Lessor and Lessee upon the terms Lessor may reasonably require, as well as contractor's protective liability insurance’s Work. Lessee shall further comply with all of the rules of the CSST (Commission de la Sante et de la Securite au Travail du Quebec);
(iv) Lessor shall be entitled to bid on the performance of the Lessee's Workmay, and the Lessee shall give serious consideration to such bid, so long as the cost is competitive;
(v) Lessee shall promptly pay for all materials supplied and work done by or on its behalf in respect of the Leased Premises in order to ensure that no legal hypothec is registered against any portion of the Building. If a legal hypothec is registered or filed, the Lessee shall, within ten (10) days of receipt of written notice of its existence, discharge it at its expense, failing which the Lessor mayhowever, at its option, discharge the same by paying the amount claimed to be due into court and the amount so paid and all expenses of the Lessor including any judicial and extrajudicial costs and attorney's fees incurred by the Lessor shall be paid by the Lessee select a different MEP Contractor or Contractors for Lessee’s Work. Prior to the Lessor within five (5) days after demand. It is agreed and understood that no Lessee's Work by or on behalf of Lessee shall be permitted which, in Lessor's sole reasonable judgement, may weaken or endanger the structure or adversely affect the condition or operation of the Leased Premises and/or the Building or diminish the value thereof or restrict or reduce Lessor's coverage for insurance purposes.
10.2 Lessor shall be entitled to inspect the Lessee's Work; the Lessee shall pay, in respect commencement of any such inspection construction by Lessee or Lessee’s GC, Lessee or Lessee’s GC must provide the fees of appropriate insurance and permit documentation reasonably required by Lessor for all architectural and engineering consultants and/or the cost of all construction drawings prepared to comply with the Lessee's requirements and/or for the cost of entering the information of such drawings on the original drawings work. As part of the Building plus an administration fee representing ten percent (10%) of such cost for Lessor's supervisionLessee’s Work, overhead and administration. Each time the Lessee does some Lessee's Work in the Leased Premises, even if Lessee's Work is less than twenty-five thousand dollars ($25,000.00) the Lessee shall pay for the cost of entering the information of such drawings on the original drawings of the Building, as the case maybe, plus an administration fee representing ten percent (10%) of such cost.
10.3 Any Lessee's Work made by the Lessee without the prior written consent of the Lessor, or which is not made in accordance with the design criteria and specifications approved by the Lessor, shall be removed by the Lessee immediately upon demand and the Leased Premises shall be restored to their previous condition by the Lessee, the whole at Lessee's cost, failing which the Lessor shall have the right to remove said Lessee's Work at Lessee's entire cost and Lessor shall not be responsible for damages to Lessee's property resulting from such removal.
10.4 Notwithstanding anything contained in this Article, install (i) internal stairways in the event that Demised Premises and (ii) equipment on the Lessee's Work affects existing truck ramp located on the structure Vine Street side of the Building or its mechanical or electrical systems(located south of the valet ramp); provided that in connection with all such work, same shallLessee shall have obtained Lessor’s approval, should the Lessor so decide, be performed by the Lessor, provided always that the costs thereof such work shall be competitive. In in accordance with the event that Lessor does not choose to execute said Lessee's Work Plans and consents to having Lessee execute same, then Specifications and Lessee shall furnish have obtained any necessary permit/approvals from the applicable governing authorities. If Lessee intends to Lessor construct a kitchen in the Demised Premises as part of Lessee’s Work, Lessee shall submit plans and specifications showing in reasonably complete detail the Lessee's Work proposed for such use to Lessor for Lessor’s review and approval, such approval to be carried out and in Lessor’s sole discretion. During the estimated cost thereof. Lessor shall approve or reject such plans and specifications within fifteen (15) days after receipt construction of the same. If such plans and specifications are approved, all Lessee's Work shall be carried out in compliance with same. Furthermore, in the case where Lessee is authorized to carry out said Lessee's ’s Work, Lessee shalland Lessee’s GC must coordinate use of the Building’s freight elevators with Lessor, at its cost, provide which Lessor with an engineer's certificate upon completion of said shall make all reasonable efforts to make available to Lessee's Work. Any costs reasonably incurred by Lessor in order to permit Lessor to approve or reject Lessee's plans and specifications plus an administration will not charge a fee representing ten percent (10%) for the operation of such cost shall be reimbursed by Lessee immediately upon Lessor's request. In addition to the above, Lessee shall comply with all the conditions stipulated in 10.1 and 10.3 abovefreight elevators during normal business hours.
10.5 Notwithstanding anything contained in this Article, the Lessor confirms that should the Lessee's Work relate to decoration, painting or matters of a cosmetic or temporary nature not affecting the structure of the Building or its mechanical or electrical systems, the Lessee shall be entitled to perform same without the necessity of obtaining the prior written approval of the Lessor.
10.6 It is agreed and understood that when completed, all Lessee's Work shall be comprised in and form part of Leased Premises and be subject to all the provisions of the Lease. Furthermore, any authorization given by Lessor to Lessee to do any Lessee's Work in accordance with this Article, shall not relieve Lessee of its responsibility for the Lessee's Work in question.
Appears in 1 contract
LESSEE'S WORK. 10.1 Following Lessee shall build out the completion of Premises in a workmanlike, lien free manner in compliance with all applicable laws, codes and ordinances and in accordance with plans and specifications approved by Lessor (such build out, the Leasehold Improvements“Lessee’s Work”). Within fourteen (14) days after the Commencement Date, Lessee shall not have the right deliver a complete copy of such plans and specifications to execute any changes, alterations, additions, erections, leasehold improvements, repairs and installations to the Leased Premises (the "Lessee's Work"), unless it has obtained Lessor for Lessor's prior written consent’s approval, which consent approval shall not be unreasonably withheld. Lessor shall have ten (10) days to approve such plans and specifications (as approved by Lessor, the “Lessee’s Plans and Specifications”). Lessee shall not modify or amend the Lessee’s Plans and Specifications without the prior approval of Lessor; provided, however, Lessor’s approval to any such modification or amendment shall not be unreasonably withheld or unduly delayed. In Notwithstanding the event Lessor consents to such Lessee's Workforegoing, then Lessee undertakes to conform no modification or amendment to the conditions stipulated hereunder.
(i) Lessee's Work ’s Plans and Specifications or other change order approved by Lessor shall be carried out deemed to increase the amount of the Lessor’s Contribution (as defined in the Special Stipulations attached hereto) or in any manner impose or give rise to any obligations of Lessor with reasonable dispatch and in a good workmanlike manner and in compliance with all applicable permitsrespect thereto other than Lessor’s obligation to make the Lessor’s Contribution. In addition to any other insurance coverage or policies Lessee is required to carry pursuant to the terms of this Lease, authorizations, building and zoning bylaws and with all regulations and requirements of all competent authorities having jurisdiction over the Leased Premises;
(ii) The Building shall at all times be free during the construction of all pledges, registered legal hypothecs and any other encumbrances relating to the Lessee's Work;
’s Work and until such time as Lessee achieves Substantial Completion (iiias defined in Section 13 below) Lessee shall maintain Lessee's workmen's compensation a policy of builders’ risk insurance in form, substance and insured amounts reasonably satisfactory to Lessor. Such policy shall name Lessor as an additional insured and shall require not less than thirty (30) days prior notice to Lessor of any cancellation or change in coverage. Such policy shall that such policy shall be primary without tight of contribution from any insurance that may be carried by Lessor or Lessee and that all of the provisions thereof, except limits of liability, shall operate in the same manner as if there were a separate policy of insurance covering all persons employed in connection with each insured. Prior to commencement of the Lessee's ’s Work and Lessee shall produce evidence of deliver to Lessor such insurance to Lessor certificates and Lessee shall also maintain such general liability insurance for the protection of Lessor and Lessee upon the terms other evidence as Lessor may reasonably requirerequire showing that the foregoing insurance policy is in effect. Upon the prior approval by Lessor of any proposed plan of Self Insurance (as hereinafter defined), as well as contractor's protective liability insurance. which shall not be unreasonably withheld, Lessee shall further comply have the option, either alone or in conjunction with Citigroup. Lessee’s ultimate parent corporation, or any subsidiaries or affiliates of Citigroup, to maintain self insurance and/or provide or maintain any insurance required by this Lease under blanket insurance policies maintained by Lessee or Citigroup, or provide or maintain insurance through such alternative risk management programs as Citigroup may provide or participate in from time to time (such types of insurance programs being herein collectively and severally referred to as “Self Insurance”), provided the same does not thereby decrease the insurance coverage or limits sets forth in this Section 6. If Citigroup’s net worth ceases to be equal to or greater than Two Billion Dollars ($2,000,000,000), then all of Lessee’s rights to self-insure under this Section 6 shall terminate immediately. Any Self Insurance shall be deemed to contain all of the rules of the CSST (Commission de la Sante et de la Securite au Travail du Quebec);
(iv) Lessor shall be entitled to bid on the performance of the Lessee's Work, terms and the Lessee shall give serious consideration conditions applicable to such bidinsurance as required in this Section 6, so long including without limitation, naming Lessor as an additional insured. If Lessee elects to self-insure, then, with respect to any claims which may result from incidents occurring during the construction, such Self Insurance obligation shall survive the expiration or earlier termination of this Lease to the same extent as the cost is competitive;
(v) insurance required would survive. If Lessor fails to approve any such plans of Self Insurance, Lessee shall promptly pay for all materials supplied obtain from a third party insurance carrier acceptable to Lessor the types and work done by or on its behalf in respect amounts of the Leased Premises in order to ensure that no legal hypothec is registered against any portion of the Building. If a legal hypothec is registered or filed, the Lessee shall, within ten (10) days of receipt of written notice of its existence, discharge it at its expense, failing which the Lessor may, at its option, discharge the same by paying the amount claimed insurance required to be due into court obtained and the amount so paid and all expenses of the Lessor including any judicial and extrajudicial costs and attorney's fees incurred maintained by the Lessor shall be paid by the Lessee pursuant to the Lessor within five (5) days after demand. It is agreed and understood terms of this Lease so that no Lessee's Work by or on behalf of Lessee shall be permitted which, in Lessor's sole reasonable judgement, may weaken or endanger at all times during the structure or adversely affect the condition or operation of the Leased Premises and/or the Building or diminish the value thereof or restrict or reduce Lessor's coverage for insurance purposes.
10.2 Lessor shall be entitled to inspect the Lessee's Work; the Lessee shall pay, in respect of any such inspection the fees of all architectural and engineering consultants and/or the cost of all construction drawings prepared to comply with the Lessee's requirements and/or for the cost of entering the information of such drawings on the original drawings of the Building plus an administration fee representing ten percent (10%) of such cost for Lessor's supervision, overhead and administration. Each time the Lessee does some Lessee's Work in the Leased Premises, even if Lessee's Work is less than twenty-five thousand dollars ($25,000.00) the Lessee shall pay for the cost of entering the information of such drawings on the original drawings of the Building, as the case maybe, plus an administration fee representing ten percent (10%) of such cost.
10.3 Any Lessee's Work made by the Lessee without the prior written consent of the Lessor, or which is not made in accordance with the design criteria and specifications approved by the Lessor, shall be removed by the Lessee immediately upon demand and the Leased Premises shall be restored to their previous condition by the Lessee, the whole at Lessee's cost, failing which the Lessor Term shall have in effect the right to remove said Lessee's Work at Lessee's entire cost levels and Lessor shall not be responsible for damages to Lessee's property resulting from such removaltypes of insurance required under this Lease.
10.4 Notwithstanding anything contained in this Article, in the event that the Lessee's Work affects the structure of the Building or its mechanical or electrical systems, same shall, should the Lessor so decide, be performed by the Lessor, provided always that the costs thereof shall be competitive. In the event that Lessor does not choose to execute said Lessee's Work and consents to having Lessee execute same, then Lessee shall furnish to Lessor plans and specifications showing in reasonably complete detail the Lessee's Work proposed to be carried out and the estimated cost thereof. Lessor shall approve or reject such plans and specifications within fifteen (15) days after receipt of the same. If such plans and specifications are approved, all Lessee's Work shall be carried out in compliance with same. Furthermore, in the case where Lessee is authorized to carry out said Lessee's Work, Lessee shall, at its cost, provide Lessor with an engineer's certificate upon completion of said Lessee's Work. Any costs reasonably incurred by Lessor in order to permit Lessor to approve or reject Lessee's plans and specifications plus an administration fee representing ten percent (10%) of such cost shall be reimbursed by Lessee immediately upon Lessor's request. In addition to the above, Lessee shall comply with all the conditions stipulated in 10.1 and 10.3 above.
10.5 Notwithstanding anything contained in this Article, the Lessor confirms that should the Lessee's Work relate to decoration, painting or matters of a cosmetic or temporary nature not affecting the structure of the Building or its mechanical or electrical systems, the Lessee shall be entitled to perform same without the necessity of obtaining the prior written approval of the Lessor.
10.6 It is agreed and understood that when completed, all Lessee's Work shall be comprised in and form part of Leased Premises and be subject to all the provisions of the Lease. Furthermore, any authorization given by Lessor to Lessee to do any Lessee's Work in accordance with this Article, shall not relieve Lessee of its responsibility for the Lessee's Work in question.
Appears in 1 contract
LESSEE'S WORK. 10.1 Following the completion of the Leasehold ImprovementsUnless specified otherwise herein, Lessee shall not have bear and pay the right to execute any changescost of the Lessee’s Work (which cost shall include, alterationswithout limitation, additionsthe costs of construction as provided for in the Tenant Improvement Contractor’s contract, erectionsthe cost of permits, leasehold and all architectural, design, space planning, and engineering services obtained by Lessee in connection with Lessee’s Work, laboratory and office improvements, repairs break rooms with appropriate sinks/cabinetry, wiring and installations to cabling costs, and cubicle costs); provided that so long as Lessee is not in monetary or material non-monetary default under the Leased Lease, Lessor shall contribute a maximum of $85 per rentable square foot, for an aggregate maximum (based on total Premises RSF of 231,841) of $19,706,485 (the "Lessee's Work"“Tenant Improvement Allowance”), unless it has obtained Lessor's prior written consentwhich may be utilized for all hard and soft costs of Lessee’s Work (and if applicable, which consent the cost of the new sanitary sewer line described in Section 54 of the Lease), including architectural and engineering fees, but not for moving expenses, furniture, fixtures & equipment, and wiring and cabling except as described in the balance of this paragraph. The foregoing shall not be unreasonably withheld read to prevent Tenant from curing the applicable default and then being entitled to the applicable disbursement(s) once the default is cured if such cure is completed within the applicable cure period, if any, expressly set forth in this Work Letter or unduly delayedthe Lease. Up to an aggregate maximum of 25% of any unused Tenant Improvement Allowance may be used by Lessee for payment of Basic Monthly Rent, reimbursement of moving expenses, wiring and cabling, specialty consultants, signage costs, and the acquisition and installation of furniture, fixtures & equipment. Except for a $75,000 oversight fee, Lessor shall not be entitled to impose a charge of any kind for general conditions, profit, overhead or supervision in connection with the construction or review of Lessee’s Work, unless said review requires an outside, specialty consultant such as a structural engineering firm. Building D
(i) In addition, Lessor shall contribute a maximum of $15 per rentable square foot, for an aggregate maximum (based on total Premises RSF of 231,841) of $3,477,615 (the “HVAC Allowance”), for a new HVAC system for the Premises. In the event the mechanical fees associated with such HVAC system exceed the HVAC Allowance, Lessee may allocate any portion of the Tenant Improvement Allowance towards such mechanical work.
(ii) Lessee shall have until twelve (12) months following (A) the Phase V Possession Date to fully utilize and xxxx Xxxxxx for the HVAC Allowance and the portion of the Tenant Improvement Allowance allocable to the Phase I Premises, the Phase II Premises, the Phase III Premises, and the Phase IV Premises, and (B) the Phase V Possession Date to fully utilize and xxxx Xxxxxx for the portion of the Tenant Improvement Allowance allocable to the Phase V Premises, after which (in each case (A) and (B)) Lessor consents shall have no further obligation to provide any portion of the HVAC Allowance or the Tenant Improvement Allowance. Subject to such Lessee's Workdeadline, then and based upon applications for payment prepared, certified and submitted by Xxxxxx as described below, Lessor shall make progress payments from the Tenant Improvement Allowance and the HVAC Allowance to Lessee undertakes to conform to in accordance with the conditions stipulated hereunder.provisions of this Section 3 (but in no event more than $15 per square foot for the HVAC Allowance or $85 per square foot for the applicable space under construction of the Tenant Improvement Allowance), as follows:
(i) Not later than the 25th day of each month Lessee shall submit applications for payment to Lessor in a form reasonably acceptable to Lessor, including Tenant Improvement Contractor’s Application and Certification for Payment AIA G702 certified by Tenant Improvement Architect, certified as correct by an officer of Lessee and by Xxxxxx’s architect, for payment of that portion of the cost of the Lessee's ’s Work allocable to labor, materials and equipment incorporated in the Building during the period from the first day of the same month projected through the last day of the month. Each application for payment shall set forth such information and shall be carried out accompanied by such supporting documentation as shall be reasonably requested by Xxxxxx, including the following:
(A) Invoices and canceled checks.
(B) Fully executed conditional lien releases in the form prescribed by law from the Tenant Improvement Contractor and all subcontractors and suppliers furnishing labor or materials during such period and fully executed unconditional lien releases from all such entities covering the prior payment period.
(C) Tenant Improvement Contractor’s worksheets showing percentages of completion.
(D) Tenant Improvement Contractor’s certification as follows: “There are no known mechanics’ or materialmen’s liens outstanding at the date of this application for payment, all due and payable bills with reasonable dispatch respect to the Building have been paid to date or shall be paid from the proceeds of this application for payment, and in a good workmanlike manner there is no known basis for the filing of any mechanics’ or materialmen’s liens against the Building or the Property, and, to the best of our knowledge, waivers from all subcontractors are valid and in compliance with all constitute an effective waiver of lien under applicable permits, authorizations, building and zoning bylaws and with all regulations and requirements law to the extent of all competent authorities having jurisdiction over the Leased Premises;payments that have been made or shall be made concurrently herewith.”
(ii) The Building Lessee shall at submit with each application for payment all times be free documents necessary to effect and perfect the transfer of all pledges, registered legal hypothecs and any other encumbrances relating title to the Lessee's Work;materials or equipment for which application for payment is made. Building D
(iii) On or before the 30th day following submission of the application for payment, so long as Lessee is not in monetary or material non-monetary default under the terms of this Work Letter or the Lease, Lessor shall pay a share of such payment determined by multiplying the amount of such payment by a fraction, the numerator of which is the amount of the Tenant Improvement Allowance allocable to the Phase(s) under construction (the “Applicable Phases”), and the denominator of which is the sum of (i) estimated construction cost of all Lessee’s Work and materials for the Applicable Phases, and (ii) the estimated cost of all professional services, fees and permits in connection therewith. The foregoing shall not be read to prevent Tenant from curing the applicable default and then being entitled to the applicable disbursement(s) once the default is cured if such cure is completed within the applicable cure period, if any, expressly set forth in this Work Letter or the Lease. Lessee shall maintain pay the balance of such payment, provided that at such time as Lessor has paid the entire Tenant Improvement Allowance on account of such Xxxxxx’s Work, all xxxxxxxx shall be paid entirely by Lessee (any amounts being paid by Xxxxxx being defined herein and in the Lease as the “Differential”). Lessor shall have no obligation to advance the Tenant Improvement Allowance to the extent it exceeds the total cost of the Lessee's workmen's compensation insurance covering all persons employed ’s Work. In no event shall Lessor have any responsibility for the cost of the Lessee’s Work in excess of the Tenant Improvement Allowance. Lessor shall have no obligation to make any payments to Tenant Improvement Contractor’s material suppliers or subcontractors or to determine whether amounts due them from Tenant Improvement Contractor in connection with the Lessee's ’s Work and shall produce evidence of such insurance to Lessor and Lessee shall also maintain such general liability insurance for the protection of Lessor and Lessee upon the terms Lessor may reasonably require, as well as contractor's protective liability insurance. Lessee shall further comply with all of the rules of the CSST (Commission de la Sante et de la Securite au Travail du Quebec);
(iv) Lessor shall be entitled to bid on the performance of the Lessee's Work, and the Lessee shall give serious consideration to such bid, so long as the cost is competitive;
(v) Lessee shall promptly pay for all materials supplied and work done by or on its behalf in respect of the Leased Premises in order to ensure that no legal hypothec is registered against any portion of the Building. If a legal hypothec is registered or filed, the Lessee shall, within ten (10) days of receipt of written notice of its existence, discharge it at its expense, failing which the Lessor may, at its option, discharge the same by paying the amount claimed to be due into court and the amount so paid and all expenses of the Lessor including any judicial and extrajudicial costs and attorney's fees incurred by the Lessor shall be paid by the Lessee to the Lessor within five (5) days after demand. It is agreed and understood that no Lessee's Work by or on behalf of Lessee shall be permitted whichhave, in Lessor's sole reasonable judgementfact, may weaken or endanger the structure or adversely affect the condition or operation of the Leased Premises and/or the Building or diminish the value thereof or restrict or reduce Lessor's coverage for insurance purposesbeen paid.
10.2 Lessor shall be entitled to inspect the Lessee's Work; the Lessee shall pay, in respect of any such inspection the fees of all architectural and engineering consultants and/or the cost of all construction drawings prepared to comply with the Lessee's requirements and/or for the cost of entering the information of such drawings on the original drawings of the Building plus an administration fee representing ten percent (10%) of such cost for Lessor's supervision, overhead and administration. Each time the Lessee does some Lessee's Work in the Leased Premises, even if Lessee's Work is less than twenty-five thousand dollars ($25,000.00) the Lessee shall pay for the cost of entering the information of such drawings on the original drawings of the Building, as the case maybe, plus an administration fee representing ten percent (10%) of such cost.
10.3 Any Lessee's Work made by the Lessee without the prior written consent of the Lessor, or which is not made in accordance with the design criteria and specifications approved by the Lessor, shall be removed by the Lessee immediately upon demand and the Leased Premises shall be restored to their previous condition by the Lessee, the whole at Lessee's cost, failing which the Lessor shall have the right to remove said Lessee's Work at Lessee's entire cost and Lessor shall not be responsible for damages to Lessee's property resulting from such removal.
10.4 Notwithstanding anything contained in this Article, in the event that the Lessee's Work affects the structure of the Building or its mechanical or electrical systems, same shall, should the Lessor so decide, be performed by the Lessor, provided always that the costs thereof shall be competitive. In the event that Lessor does not choose to execute said Lessee's Work and consents to having Lessee execute same, then Lessee shall furnish to Lessor plans and specifications showing in reasonably complete detail the Lessee's Work proposed to be carried out and the estimated cost thereof. Lessor shall approve or reject such plans and specifications within fifteen (15) days after receipt of the same. If such plans and specifications are approved, all Lessee's Work shall be carried out in compliance with same. Furthermore, in the case where Lessee is authorized to carry out said Lessee's Work, Lessee shall, at its cost, provide Lessor with an engineer's certificate upon completion of said Lessee's Work. Any costs reasonably incurred by Lessor in order to permit Lessor to approve or reject Lessee's plans and specifications plus an administration fee representing ten percent (10%) of such cost shall be reimbursed by Lessee immediately upon Lessor's request. In addition to the above, Lessee shall comply with all the conditions stipulated in 10.1 and 10.3 above.
10.5 Notwithstanding anything contained in this Article, the Lessor confirms that should the Lessee's Work relate to decoration, painting or matters of a cosmetic or temporary nature not affecting the structure of the Building or its mechanical or electrical systems, the Lessee shall be entitled to perform same without the necessity of obtaining the prior written approval of the Lessor.
10.6 It is agreed and understood that when completed, all Lessee's Work shall be comprised in and form part of Leased Premises and be subject to all the provisions of the Lease. Furthermore, any authorization given by Lessor to Lessee to do any Lessee's Work in accordance with this Article, shall not relieve Lessee of its responsibility for the Lessee's Work in question.
Appears in 1 contract
LESSEE'S WORK. 10.1 Following If Lessee desires any Alterations and/or Utility Installations to the completion of the Leasehold ImprovementsPremises ("LESSEE'S WORK" herein), Lessee shall not have the right to execute any changes, alterations, additions, erections, leasehold improvements, repairs and installations to the Leased Premises (the "Lessee's Work"), unless it has obtained Lessor's prior written consent, which consent shall not be unreasonably withheld or unduly delayed. In the event Lessor consents to such Lessee's Work, then Lessee undertakes to conform to the conditions stipulated hereunder.
(i) Lessee's Work shall be carried out with reasonable dispatch and in a good workmanlike manner and in compliance with all applicable permits, authorizations, building and zoning bylaws and with all regulations and requirements of all competent authorities having jurisdiction over the Leased Premises;
(ii) The Building shall at all times be free of all pledges, registered legal hypothecs and any other encumbrances relating to the Lessee's Work;
(iii) Lessee shall maintain Lessee's workmen's compensation insurance covering all persons employed in connection with the Lessee's Work and shall produce evidence of such insurance to Lessor and Lessee shall also maintain such general liability insurance for the protection of Lessor and Lessee upon the terms Lessor may reasonably require, as well as contractor's protective liability insurance. Lessee shall further comply with all of the rules terms and provisions of the CSST (Commission de la Sante et de la Securite au Travail du Quebec);
(iv) Lessor shall be entitled this Lease including but not limited to bid on the performance PARAGRAPH 6 of the Lessee's Work, and the this Lease. Lessee shall give serious consideration to such bid, so long as the cost is competitive;
(v) Lessee shall promptly pay for construct all materials supplied and work done by or on its behalf in respect of the Leased Premises in order to ensure that no legal hypothec is registered against any portion of the Building. If a legal hypothec is registered or filed, the Lessee shall, within ten (10) days of receipt of written notice of its existence, discharge it at its expense, failing which the Lessor may, at its option, discharge the same by paying the amount claimed to be due into court and the amount so paid and all expenses of the Lessor including any judicial and extrajudicial costs and attorney's fees incurred by the Lessor shall be paid by the Lessee to the Lessor within five (5) days after demand. It is agreed and understood that no Lessee's Work by or on behalf of Lessee shall be permitted which, in Lessor's sole reasonable judgement, may weaken or endanger the structure or adversely affect the condition or operation of the Leased Premises and/or the Building or diminish the value thereof or restrict or reduce Lessor's coverage for insurance purposes.
10.2 Lessor shall be entitled to inspect the Lessee's Work; the Lessee shall pay, in respect of any such inspection the fees of all architectural and engineering consultants and/or the cost of all construction drawings prepared to comply with the Lessee's requirements and/or for the cost of entering the information of such drawings on the original drawings of the Building plus an administration fee representing ten percent (10%) of such cost for Lessor's supervision, overhead and administration. Each time the Lessee does some Lessee's Work in the Leased Premises, even if Lessee's Work is less than twenty-five thousand dollars ($25,000.00) the Lessee shall pay for the cost of entering the information of such drawings on the original drawings of the Building, as the case maybe, plus an administration fee representing ten percent (10%) of such cost.
10.3 Any Lessee's Work made by the Lessee without the prior written consent of the Lessor, or which is not made in accordance with the design criteria and specifications approved by the Lessor, shall be removed by the Lessee immediately upon demand and the Leased Premises shall be restored to their previous condition by the Lessee, the whole at Lessee's cost, failing which the Lessor shall have the right to remove said Lessee's Work at Lessee's entire sole cost and expense, except as hereinafter provided. Lessor hereby agrees to provide Lessee with an Allowance in the total amount of One Hundred Thousand Three Hundred Dollars ($100,300), subject to PARAGRAPH 52.7, so that Lessee shall perform the following as part of Lessee's Work:
53.1.1 Install new men's and women's restrooms in Buildings A, B and C in compliance with all Applicable Requirements. The restroom fixtures and configuration shall be subject to the mutual approval of Lessor and Lessee; and,
53.1.2 Slurry coat, re-stripe and repair the parking lot area; and,
53.1.3 Install skylights in the front two (2) buildings; and,
53.1.4 Install windows where there are roll-up doors in the C Building as shown on the Window Plan which is attached hereto as EXHIBIT "C". The Window Plan shall also contain the size and specifications for such windows. The amount of the Allowance is based on amounts contained in EXHIBIT "D". The Parties recognize that said figure is based on estimates which have not been bid out to subcontractors. The only way to determine the exact amount of any particular item is to have it bid out to subcontractors. The successful subcontractor would then sign a contract becoming contractually bound to honor the price for the particular work in question. The Lessee has an immediate need for the Premises because Lessee's existing office lease expires soon. The Parties are using said estimates, rather than figures which have been bid to subcontractors, in order to get this Lease signed in time for work to be done so Lessee may move into the Premises on or about the time its existing office lease expires. Lessee acknowledges that Lessee has had said estimates reviewed by Lessee and by its design professionals, including but not limited to architect, space planner, engineers, and contractors. Lessor shall not be responsible for damages liable to Lessee's property resulting from such removal.
10.4 Notwithstanding anything contained in this Article, in Lessee and the event that the Lessee's Work affects the structure amount of the Building or its mechanical or electrical systems, same shall, should the Lessor so decide, be performed by the Lessor, provided always that the costs thereof shall be competitive. In the event that Lessor does not choose to execute said Lessee's Work and consents to having Lessee execute same, then Lessee shall furnish to Lessor plans and specifications showing in reasonably complete detail the Lessee's Work proposed to be carried out and the estimated cost thereof. Lessor shall approve or reject such plans and specifications within fifteen (15) days after receipt of the same. If such plans and specifications are approved, all Lessee's Work shall be carried out in compliance with same. Furthermore, in the case where Lessee is authorized to carry out said Lessee's Work, Lessee shall, at its cost, provide Lessor with an engineer's certificate upon completion of said Lessee's Work. Any costs reasonably incurred by Lessor in order to permit Lessor to approve or reject Lessee's plans and specifications plus an administration fee representing ten percent (10%) of such cost shall be reimbursed by Lessee immediately upon Lessor's request. In addition to the above, Lessee shall comply with all the conditions stipulated in 10.1 and 10.3 above.
10.5 Notwithstanding anything contained in this Article, the Lessor confirms that should the Lessee's Work relate to decoration, painting or matters of a cosmetic or temporary nature not affecting the structure of the Building or its mechanical or electrical systems, the Lessee shall be entitled to perform same without the necessity of obtaining the prior written approval of the Lessor.
10.6 It is agreed and understood that when completed, all Lessee's Work shall be comprised in and form part of Leased Premises and be subject to all the provisions of the Lease. Furthermore, any authorization given by Lessor to Lessee to do any Lessee's Work in accordance with this Article, Allowance shall not relieve Lessee of its responsibility for the Lessee's Work in questionbe increased if said estimates are not accurate, except as hereinafter provided."
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Net (Veterinary Centers of America Inc)
LESSEE'S WORK. 10.1 Following If Lessee desires any Alterations and/or Utility Installations to the completion of the Leasehold ImprovementsPremises ("LESSEE'S WORK" herein), Lessee shall not have the right to execute any changes, alterations, additions, erections, leasehold improvements, repairs and installations to the Leased Premises (the "Lessee's Work"), unless it has obtained Lessor's prior written consent, which consent shall not be unreasonably withheld or unduly delayed. In the event Lessor consents to such Lessee's Work, then Lessee undertakes to conform to the conditions stipulated hereunder.
(i) Lessee's Work shall be carried out with reasonable dispatch and in a good workmanlike manner and in compliance with all applicable permits, authorizations, building and zoning bylaws and with all regulations and requirements of all competent authorities having jurisdiction over the Leased Premises;
(ii) The Building shall at all times be free of all pledges, registered legal hypothecs and any other encumbrances relating to the Lessee's Work;
(iii) Lessee shall maintain Lessee's workmen's compensation insurance covering all persons employed in connection with the Lessee's Work and shall produce evidence of such insurance to Lessor and Lessee shall also maintain such general liability insurance for the protection of Lessor and Lessee upon the terms Lessor may reasonably require, as well as contractor's protective liability insurance. Lessee shall further comply with all of the rules terms and provisions of the CSST (Commission de la Sante et de la Securite au Travail du Quebec);
(iv) Lessor shall be entitled this Lease including but not limited to bid on the performance PARAGRAPH 6 of the Lessee's Work, and the this Lease. Lessee shall give serious consideration to such bid, so long as the cost is competitive;
(v) Lessee shall promptly pay for construct all materials supplied and work done by or on its behalf in respect of the Leased Premises in order to ensure that no legal hypothec is registered against any portion of the Building. If a legal hypothec is registered or filed, the Lessee shall, within ten (10) days of receipt of written notice of its existence, discharge it at its expense, failing which the Lessor may, at its option, discharge the same by paying the amount claimed to be due into court and the amount so paid and all expenses of the Lessor including any judicial and extrajudicial costs and attorney's fees incurred by the Lessor shall be paid by the Lessee to the Lessor within five (5) days after demand. It is agreed and understood that no Lessee's Work by or on behalf of Lessee shall be permitted which, in Lessor's sole reasonable judgement, may weaken or endanger the structure or adversely affect the condition or operation of the Leased Premises and/or the Building or diminish the value thereof or restrict or reduce Lessor's coverage for insurance purposes.
10.2 Lessor shall be entitled to inspect the Lessee's Work; the Lessee shall pay, in respect of any such inspection the fees of all architectural and engineering consultants and/or the cost of all construction drawings prepared to comply with the Lessee's requirements and/or for the cost of entering the information of such drawings on the original drawings of the Building plus an administration fee representing ten percent (10%) of such cost for Lessor's supervision, overhead and administration. Each time the Lessee does some Lessee's Work in the Leased Premises, even if Lessee's Work is less than twenty-five thousand dollars ($25,000.00) the Lessee shall pay for the cost of entering the information of such drawings on the original drawings of the Building, as the case maybe, plus an administration fee representing ten percent (10%) of such cost.
10.3 Any Lessee's Work made by the Lessee without the prior written consent of the Lessor, or which is not made in accordance with the design criteria and specifications approved by the Lessor, shall be removed by the Lessee immediately upon demand and the Leased Premises shall be restored to their previous condition by the Lessee, the whole at Lessee's cost, failing which the Lessor shall have the right to remove said Lessee's Work at Lessee's entire sole cost and expense, except as hereinafter provided. Lessor hereby agrees to provide Lessee with an Allowance in the total amount of One Hundred Twelve Thousand Six Hundred Eighty Dollars ($112,680.00), subject to PARAGRAPH 52.7, so that Lessee shall perform the following as part of Lessee's Work:
53.1.1 Install new men's and women's restrooms in Buildings A, B and C in compliance with all Applicable Requirements. The restroom fixtures and configuration shall be subject to the mutual approval of Lessor and Lessee; and,
53.1.2 Slurry coat, re-stripe and repair the parking lot area; and,
53.1.3 Install skylights in the front two (2) buildings; and,
53.1.4 Install windows where there are roll-up doors in the C Building as shown on the Window Plan which is attached hereto as EXHIBIT "C", The Window Plan shall also contain the size and specifications for such windows. The amount of the Allowance is based on estimates contained in a letter from Prats/Coffee dated January 18, 1999, a copy of which is attached hereto as EXHIBIT "D". The Parties recognize that said figure is based on estimates which have not been bid out to subcontractors. The only way to determine the exact amount of any particular item is to have it bid out to subcontractors. The successful subcontractor would then sign a contract becoming contractually bound to honor the price for the particular work in question. The Lessee has an immediate need for the Premises because Lessee's existing office lease expires soon. The Parties are using said estimates, rather than figures which have been bid to subcontractors, in order to get this Lease signed in time for work to be done so Lessee may move into the Premises on or about the time its existing office lease expires. Lessee acknowledges that Lessee has had said estimates reviewed by Lessee and by its design professionals, including but not limited to architect, space planner, engineers, and contractors. Lessor shall not be responsible for damages liable to Lessee and the amount of the Allowance shall not be increased if said estimates are not accurate, except as hereinafter provided. After this Lease is fully executed and delivered, the Parties to this Lease shall further review the estimates, the Allowance amount, the Lessor's Phase One Work, Lessor's Phase Two Work and Lessee's property resulting from such removal.
10.4 Notwithstanding anything Work. If the Parties have any different figures which are more reliable than the ones contained in this ArticleEXHIBIT " D" attached hereto, the Parties shall confer to determine the reliability of the figures. If the Parties mutually determine, in the event good faith, that the Lessee's Work affects numbers on the structure of estimate should be revised, the Building Parties shall execute an amendment to this Lease on or its mechanical before MARCH 10, 1999. If the Parties are unable to resolve any differences concerning said matters, then either Lessor or electrical systemsLessee shall have the right to terminate this Lease by giving written notice to the other Party on or before MARCH 10, same shall, should the Lessor so decide, be performed by the Lessor, provided always that the costs thereof shall be competitive1999. In the event that Lessor does not choose to execute said Lessee's Work and consents to having Lessee execute sameneither side terminates this Lease on or before MARCH 10, 1999, then Lessee this right to terminate shall furnish to Lessor plans expire and specifications showing this Lease shall remain in reasonably complete detail full force and effect. The amount of the Lessee's Work proposed to be carried out R-factor for purposes of Paragraph 52.1.2(G), the existing capacity of the existing HVAC units for the B Building and C Building, the definition of "Permitted Transfer" under Paragraph 80.2, and the estimated cost thereof. Lessor percentage set forth in Paragraph 80.4 (which is presently 25%) shall approve all also be determined prior to MARCH 10, 1999 or reject such plans and specifications within fifteen (15) days after receipt either of the same. If such plans and specifications are approved, all Lessee's Work shall be carried out in compliance with same. Furthermore, in Parties may terminate the case where Lessee is authorized to carry out said Lessee's Work, Lessee shall, at its cost, provide Lessor with an engineer's certificate upon completion of said Lessee's Work. Any costs reasonably incurred Lease by Lessor in order to permit Lessor to approve or reject Lessee's plans and specifications plus an administration fee representing ten percent (10%) of such cost shall be reimbursed by Lessee immediately upon Lessor's request. In addition written notice to the aboveother Party on or before MARCH 10, Lessee shall comply with all the conditions stipulated in 10.1 and 10.3 above1999.
10.5 Notwithstanding anything contained in this Article, the Lessor confirms that should the Lessee's Work relate to decoration, painting or matters of a cosmetic or temporary nature not affecting the structure of the Building or its mechanical or electrical systems, the Lessee shall be entitled to perform same without the necessity of obtaining the prior written approval of the Lessor.
10.6 It is agreed and understood that when completed, all Lessee's Work shall be comprised in and form part of Leased Premises and be subject to all the provisions of the Lease. Furthermore, any authorization given by Lessor to Lessee to do any Lessee's Work in accordance with this Article, shall not relieve Lessee of its responsibility for the Lessee's Work in question.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Net (Veterinary Centers of America Inc)
LESSEE'S WORK. 10.1 Following The Lessee agrees to accept the completion premises in an "as is" condition, save and except the Premises shall be in a vacant, broom swept condition, and that at the time of possession, all existing mechanical systems are in a working condition. However, the Lessor does not provide any warranty or guarantee on the equipment after the date of possession. The Lessee shall have five (5) days after taking possession to notify the Lessor in writing should it find that there is a deficiency in any of the Leasehold Improvementsmechanical systems, failing which the Lessee has acknowledged that it has accepted the premises "as is". The Lessee may retain its own contractors to perform alterations in the Premises, subject to the restrictions for use of Lessor's contractors as noted below. Prior to the Lessee performing any work in the Premises, the Lessee shall not have provide to the right Lessor a full set of plans of the work it intends to execute any changes, alterations, additions, erections, leasehold improvements, repairs and installations to do in the Leased Premises (for approval by the "Lessee's Work"), unless it has obtained Lessor's prior written consent, which consent approval shall not be unreasonably withheld or unduly delayedwithheld. In the event Lessor consents to such Lessee's Work, then The Lessee undertakes to conform to the conditions stipulated hereunder.
(i) Lessee's Work shall be carried out with reasonable dispatch responsible for obtaining all municipal and in a good workmanlike manner governmental approvals necessary to perform its work and in compliance with all applicable permits, authorizations, building and zoning bylaws and with all regulations and requirements shall bear the cost of all competent authorities having jurisdiction over the Leased Premises;
(ii) such approvals and work. The Building shall at all times be free of all pledges, registered legal hypothecs and any other encumbrances relating to the Lessee's Work;
(iii) Lessee shall maintain Lessee's workmen's compensation insurance covering forthwith pay as Additional Rent all persons employed fines, costs and expenses incurred by the Lessor, in connection with the Lessee's Work failure to obtain all requisite permits. The Lessee will further covenant and shall produce evidence of such insurance to Lessor and Lessee shall also maintain such general liability insurance for agree that it will not, at any time, paint, xxxx or deface the protection of Lessor and Lessee upon existing exposed sandblasted wood beams, columns, ceilings or sandblasted exposed brick in the terms Lessor may reasonably require, as well as contractor's protective liability insuranceDemised Premises. Lessee shall further comply with all of the rules of the CSST (Commission de la Sante et de la Securite au Travail du Quebec);
(iv) Lessor shall be entitled to bid on the performance of the Lessee's Work, and If the Lessee shall give serious consideration proposes to such bid, so long as the cost is competitive;
(v) Lessee shall promptly pay for all materials supplied and work done by or on its behalf in respect of the Leased Premises in order to ensure that no legal hypothec is registered against make any portion of the Building. If a legal hypothec is registered or filed, the Lessee shall, within ten (10) days of receipt of written notice of its existence, discharge it at its expense, failing which the Lessor may, at its option, discharge the same by paying the amount claimed to be due into court and the amount so paid and all expenses of the Lessor including any judicial and extrajudicial costs and attorney's fees incurred by the Lessor shall be paid by the Lessee structural changes to the Lessor within five (5) days after demand. It is agreed and understood that no Lessee's Work by or on behalf of Lessee shall be permitted whichpremises, in Lessor's sole reasonable judgement, may weaken or endanger the structure or adversely affect the condition or operation of the Leased Premises and/or the Building or diminish the value thereof or restrict or reduce Lessor's coverage for insurance purposes.
10.2 Lessor shall be entitled to inspect the Lessee's Work; the Lessee shall pay, in respect of any such inspection the fees of all architectural and engineering consultants and/or the cost of all construction drawings prepared to comply with the Lessee's requirements and/or for the cost of entering the information of such drawings on the original drawings of the Building plus an administration fee representing ten percent (10%) of such cost for Lessor's supervision, overhead and administration. Each time the Lessee does some Lessee's Work in the Leased Premises, even if Lessee's Work is less than twenty-five thousand dollars ($25,000.00) the Lessee shall pay for the cost of entering the information of such drawings on Lessor having its structural engineer examine the original drawings of the Building, as the case maybe, plus an administration fee representing ten percent (10%) of such cost.
10.3 Any Lessee's Work made plans prepared by the Lessee without the prior written consent of the Lessor, or which is not made in accordance with the design criteria and specifications approved by the Lessor, shall be removed by the Lessee immediately upon demand and the Leased Premises shall be restored to their previous condition by the Lessee, the whole at Lessee's costengineer, failing which the Lessor shall have the right to remove said Lessee's Work at Lessee's entire cost and Lessor shall not be responsible for damages to Lessee's property resulting from such removal.
10.4 Notwithstanding anything contained in this Article, in the event that the Lessee's Work affects the structure of the Building or its mechanical or electrical systems, same shall, should the Lessor so decide, be performed by the Lessor, provided always that the costs thereof shall be competitive. In the event that Lessor does not choose to execute said Lessee's Work and consents to having Lessee execute same, then Lessee shall furnish to Lessor plans and specifications showing in reasonably complete detail the Lessee's Work proposed to be carried out and the estimated cost thereof. Lessor shall approve or reject such plans and specifications within fifteen (15) days after receipt of the same. If such plans and specifications are approved, all Lessee's Work shall be carried out in compliance with same. Furthermore, in the case where Lessee is authorized to carry out said Lessee's Work, Lessee shall, at its cost, provide Lessor with an engineer's certificate upon completion of said Lessee's Work. Any costs reasonably incurred by Lessor in order to permit Lessor to approve or reject Lessee's plans and specifications plus an administration fee representing ten percent (10%) of such cost shall be reimbursed by Lessee immediately upon Lessor's request. In addition to the above, Lessee shall comply with all the conditions stipulated in 10.1 and 10.3 above.
10.5 Notwithstanding anything contained in this Article, the Lessor confirms that should the Lessee's Work relate to decoration, painting or matters of a cosmetic or temporary nature not affecting the structure of the Building or its mechanical or electrical systems, the Lessee shall pay the cost to have the Lessor's Engineer review the work once completed to insure the work was completed in accordance to the drawings. No structural work shall be entitled to perform same started without the necessity of first obtaining the Lessor's prior written approval of approval. The Lessee must use the Lessor.
10.6 It is agreed 's contractors for any work required on the building in relation to the Electrical System, Fire Alarm Systems, Sprinkler Systems and understood that when completed, all Lessee's Work shall be comprised in and form part Mechanical Systems provided costs of Leased Premises and be subject to all the provisions of the Lease. Furthermore, any authorization given by Lessor to Lessee to do any Lessee's Work in accordance with this Article, such contractors shall not relieve Lessee of its responsibility for the Lessee's Work in questionexceed competitive rates.
Appears in 1 contract
LESSEE'S WORK. 10.1 Following Except as expressly provided herein to the completion of the Leasehold Improvementscontrary, Lessee shall not have accept the right to execute any changes, alterations, additions, erections, leasehold improvements, repairs Premises "as is". Such term shall mean in the same condition and installations to the Leased Premises (the "Lessee's Work"), unless it has obtained Lessor's prior written consent, which consent shall not be unreasonably withheld or unduly delayed. In the event Lessor consents to such Lessee's Work, then Lessee undertakes to conform to the conditions stipulated hereunder.
(i) Lessee's Work shall be carried out with reasonable dispatch and repair in a good workmanlike manner and in compliance with all applicable permits, authorizations, building and zoning bylaws and with all regulations and requirements of all competent authorities having jurisdiction over the Leased Premises;
(ii) The Building shall at all times be free of all pledges, registered legal hypothecs and any other encumbrances relating to the Lessee's Work;
(iii) Lessee shall maintain Lessee's workmen's compensation insurance covering all persons employed in connection with the Lessee's Work and shall produce evidence of such insurance to Lessor and Lessee shall also maintain such general liability insurance for the protection of Lessor and Lessee upon the terms Lessor may reasonably require, as well as contractor's protective liability insurance. Lessee shall further comply with all of the rules of the CSST (Commission de la Sante et de la Securite au Travail du Quebec);
(iv) Lessor shall be entitled to bid on the performance of the Lessee's Work, and the Lessee shall give serious consideration to such bid, so long as the cost is competitive;
(v) Lessee shall promptly pay for all materials supplied and work done by or on its behalf in respect of the Leased Premises in order to ensure that no legal hypothec is registered against any portion of the Building. If a legal hypothec is registered or filed, the Lessee shall, within ten (10) days of receipt of written notice of its existence, discharge it at its expense, failing which the Lessor may, at its option, discharge the same by paying the amount claimed to be due into court and the amount so paid and all expenses of the Lessor including any judicial and extrajudicial costs and attorney's fees incurred by the Lessor shall be paid by the Lessee to the Lessor within five (5) days after demand. It is agreed and understood that no Lessee's Work by or on behalf of prior tenant vacated such space.. Lessee shall be permitted which, in Lessor's sole reasonable judgement, responsible for all work as may weaken or endanger be necessary to convert the structure or adversely affect the condition or operation of the Leased Premises and/or the Building or diminish the value thereof or restrict or reduce Lessor's coverage for insurance purposes.
10.2 Lessor shall be entitled (and Larger Premises) to inspect the Lessee's Work; the Lessee shall pay, in respect of any such inspection the fees of all architectural and engineering consultants and/or the cost of all construction drawings prepared to comply with the Lessee's requirements and/or for the cost of entering the information of such drawings on the original drawings of the Building plus an administration fee representing ten percent (10%) of such cost for Lessor's supervision, overhead and administrationrequirements. Each time the Lessee does some Lessee's Work in the Leased Premises, even if Lessee's Work is less than twenty-five thousand dollars ($25,000.00) the Lessee shall pay for the cost of entering the information of such drawings on the original drawings of the Building, as the case maybe, plus an administration fee representing ten percent (10%) of such cost.
10.3 Any Lessee's Work made by the Lessee without the prior written consent of the Lessor, or which is not made in accordance with the design criteria and specifications approved by the Lessor, shall be removed by the Lessee immediately upon demand and the Leased Premises shall be restored to their previous condition by the Lessee, the whole at Lessee's cost, failing which the Lessor shall have the right to remove said Lessee's Work at Lessee's entire cost and Lessor shall not be responsible for damages performing any work with respect to such space. Any work, changes or improvements made to such space shall be performed at Lessee's property resulting from such removalexpense in accordance with the terms of this Lease.
10.4 * Notwithstanding anything contained in this Articlehereinabove to the contrary, in the event that the Lessee's Work affects the structure of the Building or its mechanical or electrical systems, same shall, should the Lessor so decide, be performed by the Lessor, provided always that the costs thereof shall be competitive. In the event that Lessor does not choose to execute said Lessee's Work and consents to having Lessee execute same, then Lessee shall furnish to Lessor plans and specifications showing in reasonably complete detail the Lessee's Work proposed to be carried out and the estimated cost thereof. Lessor shall approve or reject such plans and specifications within fifteen (15) days after receipt of the same. If such plans and specifications are approved, all Lessee's Work shall be carried out in compliance with same. Furthermore, in the case where Lessee is authorized to carry out said Lessee's Work, Lessee shall, at its costsole cost and expense, perform the following work in the Building and Office Building Area: (i) provide a Code compliant connection to the Building's fire panel on the third floor, (ii) refurbish the Building's elevator cabs to a first class standard using building standard material, (iii) touch-up the Building's lobby and common areas, (iv) upgrade the outside landscaping, and (v) install a ground mounted sign (the location, size and design of which shall be determined by Lessor) for Lessee and other tenants of the Building, and Lessee shall reimburse Lessor with an engineer's certificate upon completion one-third of said the cost thereof.* Notwithstanding anything hereinabove to the contrary, Lessee (a) shall have the right, at Lessee's Work. Any costs reasonably incurred by Lessor in order to permit Lessor to approve or reject cost and expense, as part of Lessee's plans and specifications plus an administration fee representing ten percent (10%) of such cost shall be reimbursed by Lessee immediately upon work, subject to Lessor's request. In addition to approval of the above, Lessee shall comply plans therefor and compliance with all applicable laws and codes, to build a lobby area surrounding the conditions stipulated elevator that opens solely into the Premises in 10.1 and 10.3 above.
10.5 Notwithstanding anything contained in this Article, the Lessor confirms that should the Lessee's Work relate to decoration, painting or matters of a cosmetic or temporary nature not affecting the structure south lobby of the Building or its mechanical or electrical systems, the and Lessee shall be entitled have the exclusive right to perform same without use such south lobby area and restrooms therein, and (b) shall have the necessity obligation, at Lessee's cost and expense, as part of obtaining the prior written Lessee's work, subject to Lessor's approval of the Lessorplans therefor and compliance with all applicable laws and codes, to refurbish all third floor bathrooms (including common bathrooms) to be Code compliant including compliant with the Americans with Disabilities Act.
10.6 It is agreed and understood that when completed, all Lessee's Work shall be comprised in and form part of Leased Premises and be subject to all the provisions of the Lease. Furthermore, any authorization given by Lessor to Lessee to do any Lessee's Work in accordance with this Article, shall not relieve Lessee of its responsibility for the Lessee's Work in question.*
Appears in 1 contract
Samples: Lease (Movado Group Inc)
LESSEE'S WORK. 10.1 Following the completion of the Leasehold Improvements, If Lessee shall not have the right to execute desires any changes, alterations, additions, erections, leasehold improvements, repairs and installations Alterations and/or Utility Installations to the Leased Premises (the "“Lessee's ’s Work"” herein), unless it has obtained Lessor's prior written consent, which consent shall not be unreasonably withheld or unduly delayed. In the event Lessor consents to such Lessee's Work, then Lessee undertakes to conform to the conditions stipulated hereunder.
(i) Lessee's Work shall be carried out with reasonable dispatch and in a good workmanlike manner and in compliance with all applicable permits, authorizations, building and zoning bylaws and with all regulations and requirements of all competent authorities having jurisdiction over the Leased Premises;
(ii) The Building shall at all times be free of all pledges, registered legal hypothecs and any other encumbrances relating to the Lessee's Work;
(iii) Lessee shall maintain Lessee's workmen's compensation insurance covering all persons employed in connection with the Lessee's Work and shall produce evidence of such insurance to Lessor and Lessee shall also maintain such general liability insurance for the protection of Lessor and Lessee upon the terms Lessor may reasonably require, as well as contractor's protective liability insurance. Lessee shall further comply with all of the rules of the CSST (Commission de la Sante et de la Securite au Travail du Quebec);
(iv) Lessor shall be entitled to bid on the performance of the Lessee's Work, and the Lessee shall give serious consideration to such bid, so long as the cost is competitive;
(v) Lessee shall promptly pay for all materials supplied and work done by or on its behalf in respect of the Leased Premises in order to ensure that no legal hypothec is registered against any portion of the Building. If a legal hypothec is registered or filed, the Lessee shall, within ten (10) days of receipt of written notice of its existence, discharge it at its expense, failing which the Lessor may, at its option, discharge the same by paying the amount claimed to be due into court and the amount so paid and all expenses of the Lessor including any judicial and extrajudicial costs and attorney's fees incurred by the Lessor shall be paid by the Lessee to the Lessor within five (5) days after demand. It is agreed and understood that no Lessee's Work by or on behalf of Lessee shall be permitted which, in Lessor's sole reasonable judgement, may weaken or endanger the structure or adversely affect the condition or operation of the Leased Premises and/or the Building or diminish the value thereof or restrict or reduce Lessor's coverage for insurance purposes.
10.2 Lessor shall be entitled to inspect the Lessee's Work; the Lessee shall pay, in respect of any such inspection the fees of all architectural and engineering consultants and/or the cost of all construction drawings prepared to comply with the Lessee's requirements and/or for the cost of entering the information of such drawings on the original drawings of the Building plus an administration fee representing ten percent (10%) of such cost for Lessor's supervision, overhead and administration. Each time the Lessee does some Lessee's Work in the Leased Premises, even if Lessee's Work is less than twenty-five thousand dollars ($25,000.00) the Lessee shall pay for the cost of entering the information of such drawings on the original drawings of the Building, as the case maybe, plus an administration fee representing ten percent (10%) of such cost.
10.3 Any Lessee's Work made by the Lessee without the prior written consent of the Lessor, or which is not made in accordance with the design criteria and specifications approved by the Lessor, shall be removed by the Lessee immediately upon demand and the Leased Premises shall be restored to their previous condition by the Lessee, the whole at Lessee's cost, failing which the Lessor shall have the right to remove said Lessee's Work at Lessee's entire cost and Lessor shall not be responsible for damages to Lessee's property resulting from such removal.
10.4 Notwithstanding anything contained in this Article, in the event that the Lessee's Work affects the structure of the Building or its mechanical or electrical systems, same shall, should the Lessor so decide, be performed by the Lessor, provided always that the costs thereof shall be competitive. In the event that Lessor does not choose to execute said Lessee's Work and consents to having Lessee execute same, then Lessee shall furnish to Lessor plans and specifications showing in reasonably complete detail the Lessee's Work proposed to be carried out and the estimated cost thereof. Lessor shall approve or reject such plans and specifications within fifteen (15) days after receipt of the same. If such plans and specifications are approved, all Lessee's Work shall be carried out in compliance with same. Furthermore, in the case where Lessee is authorized to carry out said Lessee's Work, Lessee shall, at its cost, provide Lessor with an engineer's certificate upon completion of said Lessee's Work. Any costs reasonably incurred by Lessor in order to permit Lessor to approve or reject Lessee's plans and specifications plus an administration fee representing ten percent (10%) of such cost shall be reimbursed by Lessee immediately upon Lessor's request. In addition to the above, Lessee shall comply with all of the conditions stipulated in 10.1 terms and 10.3 above.
10.5 Notwithstanding anything contained in provisions of this Article, the Lessor confirms that should the Lease including but not limited to Paragraph 7 of this Lease. Lessee shall construct all of such Lessee's Work relate at Lessee’s sole cost and expense, except as hereinafter provided. Lessor hereby agrees to decorationprovide Lessee with an Allowance in the total amount of One Hundred Thousand Three Hundred Dollars ($100,300), painting or matters of a cosmetic or temporary nature not affecting the structure of the Building or its mechanical or electrical systemssubject to Paragraph 54.7, the so that Lessee shall be entitled to perform same without the necessity following as part of obtaining the prior written approval of the Lessor.
10.6 It is agreed and understood that when completed, all Lessee's Work Work:
55.1.1 Install new men’s and women's restrooms in Buildings A, B and C in compliance with all Applicable Requirements. The restroom fixtures and configuration shall be comprised in and form part of Leased Premises and be subject to all the provisions mutual approval of Lessor and Lessee; and,
55.1.2 Slurry coat, re-stripe and repair the parking lot area; and,
55.1.3 Install skylights in the front two (2) buildings; and,
55.1.4 Install windows where there are roll-up doors in the C Building as shown on the Window Plan which is attached hereto as Exhibit “C”. The Window Plan shall also contain the size and specifications for such windows. The amount of the LeaseAllowance is based on amounts contained in Exhibit “D”. FurthermoreThe Parties recognize that said figure is based on estimates which have not been bid out to subcontractors. The only way to determine the exact amount of any particular item is to have it bid out to subcontractors. The successful subcontractor would then sign a contract becoming contractually bound to honor the price for the particular work in question. The Lessee has an immediate need for the Premises because Lessee's existing office lease expires soon. The Parties are using said estimates, any authorization given rather than figures which have been bid to subcontractors, in order to get this Lease signed in time for work to be done so Lessee may move into the Premises on or about the time its existing office lease expires. Lessee acknowledges that Lessee has had said estimates reviewed by Lessee and by its design professionals, including but not limited to architect, space planner, engineers, and contractors. Lessor shall not be liable to Lessee to do any Lessee's Work in accordance with this Article, and the amount of the Allowance shall not relieve Lessee of its responsibility for the Lessee's Work in questionbe increased if said estimates are not accurate, except as hereinafter provided."
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Samples: Standard Industrial/Commercial Single Tenant Lease Net (Vca Antech Inc)
