Ownership of Alterations. All alterations and additions shall be part of the Building and owned by the Landlord; provided, however, that the Landlord may require removal by the Tenant of all or any portion of any alterations and additions made to the Premises by the Tenant. Upon Tenant’s written request given simultaneously with its request for consent to any alterations or additions, Landlord will advise the Tenant of such requirement for removal prior to the installation of the alteration or addition by the Tenant. All movable equipment, trade fixtures and furnishings not attached to the Premises shall remain the personal property of the Tenant and shall be removed by the Tenant upon expiration or earlier termination of this Lease. Notwithstanding anything to the contrary contained in this Section 4.2, any alterations and additions, equipment, trade fixtures, and furnishings installed by Landlord, whether or not attached to the Premises, shall be part of the Building and owned by the Landlord, and shall in no event constitute the Tenant’s personal property. Any alterations and additions, if required to be removed upon the termination or expiration of this Lease as hereinabove provided, shall be removed by the Tenant with reasonable care and diligence; however Tenant shall not be required to cap off of all utility connections behind the adjacent interior finish, or restore such interior finish to the extent necessary so that the Premises are left with complete wall, ceiling and floor finishes. RESPONSIBILITY FOR CONDITION OF BUILDING AND PREMISES Maintenance of Building and Common Areas by Landlord. Except as otherwise provided in Article 8, the Landlord shall make such repairs to the foundation, roof, exterior walls (including exterior glass), floor slabs, elevators, base building mechanical and life safety systems (to the extent serving more than one tenant), and any other base structural elements of the Building as may be necessary to keep them in compliance with applicable laws (including, but not limited to, the Baltimore City Building Code and the Americans with Disabilities Act (the ““ADA”“)), in good order, condition and repair, and make such repairs to the mechanical systems and equipment serving the Building, except for any mechanical systems and equipment that serve the Premises exclusively (““Tenant’s Dedicated Mechanical Systems and Equipment”“), and other Common Areas as are necessary to keep them in good order, condition and repair. The Landlord shall further perform the services designated as Landlord’s Services on Exhibit E. Subject to Section 7.4, the Tenant shall be responsible for 100% of the cost of any repair to the Premises, the Building, or the Land caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the Tenant. Landlord will provide either manned or monitored security of the Building twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. Landlord shall install and be solely responsible for the maintenance and operation of a Building-wide security system for monitoring and access control at Building entrances and the loading dock(s), with card access controls at the Building main entrances, stairwells and service doors. Tenant shall be provided with similar access to the Premises, Building and parking areas. Tenant shall comply with all rules and regulations relating to security and access to the Building imposed by Landlord, including use of key cards security systems installed in the elevators and lobby entrances to the Building. Subject to Section 7.4, the Tenant shall be responsible for 100% of the cost of any repair to the Premises, the Building, or the Land caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the Tenant.
Appears in 1 contract
Samples: Champions Biotechnology, Inc.
Ownership of Alterations. All alterations and additions Title to any Alterations thereto constructed by Tenant or subtenants shall be part of vested in Tenant, subtenant or, as may be required for financing purposes, other parties until the Building and owned by the Landlord; provided, however, that the Landlord may require removal by the Tenant of all or any portion of any alterations and additions made to the Premises by the Tenant. Upon Tenant’s written request given simultaneously with its request for consent to any alterations or additions, Landlord will advise the Tenant of such requirement for removal prior to the installation of the alteration or addition by the Tenant. All movable equipment, trade fixtures and furnishings not attached to the Premises shall remain the personal property of the Tenant and shall be removed by the Tenant upon expiration or earlier termination of this Lease, at which time the Alterations thereto shall become the property of Commission, free and clear of all liens and encumbrances, without any obligation on the part of Commission to pay therefore. Notwithstanding anything Subject to the contrary contained in terms of Section 10.1 relating to damage and destruction upon expiration or earlier termination of the Term of this Section 4.2Lease, whether by lapse of time or otherwise (including any alterations and additionsholdover period), equipmentTenant at its expense shall: (a) remove all of Tenant’s moveable, trade fixturesun- affixed personal property, goods, and furnishings installed effects, and those of all persons claiming under Tenant from the Campus; (b) to the extent required by Landlord, whether remove all of its exhibits and exhibit-related casework, and (c) promptly and peacefully surrender the leased facilities (includingsurrender of all Tenant’s improvements, alterations, and additions installed on the Campus) in at least as good a condition as at the Effective Date or not attached to the Premisesdate of completion of the Alterations, reasonable wear and tear and casualty excepted. Any property left on the Campus more than thirty (30) days after the expiration or termination of the Term shall be part deemed to have been abandoned and to have become the property of the Building and owned by the LandlordLandlord to dispose of as Landlord deems expedient, and shall in no event constitute the Tenant’s personal property. Any alterations and additions, if required to be removed upon the termination or expiration of this Lease as hereinabove provided, shall be removed by the Tenant with reasonable care and diligence; however Tenant shall not be required to cap off of all utility connections behind the adjacent interior finish, or restore such interior finish to the extent necessary so that the Premises are left with complete wall, ceiling and floor finishes. RESPONSIBILITY FOR CONDITION OF BUILDING AND PREMISES Maintenance of Building and Common Areas by Landlord. Except as otherwise provided in Article 8, the Landlord shall make such repairs to the foundation, roof, exterior walls (including exterior glass), floor slabs, elevators, base building mechanical and life safety systems (to the extent serving more than one tenant), and any other base structural elements of the Building as may be necessary to keep them in compliance with applicable laws (including, but not limited to, the Baltimore City Building Code and the Americans with Disabilities Act (the ““ADA”“)), in good order, condition and repair, and make such repairs to the mechanical systems and equipment serving the Building, except for any mechanical systems and equipment that serve the Premises exclusively (““Tenant’s Dedicated Mechanical Systems and Equipment”“), and other Common Areas as are necessary to keep them in good order, condition and repair. The Landlord shall further perform the services designated as Landlord’s Services on Exhibit E. Subject to Section 7.4, the Tenant shall be responsible liable for 100% all costs associated with thedisposal of such property. Tenant hereby waives all claims for damages that may be caused by Landlord re-entering and taking possession of the cost of any repair to the Premises, the Building, Campus or the Land caused by the negligence or misconduct of the removing and storing Tenant, or any agent, employee or contractor of the Tenant’s property as herein provided. Landlord will provide either manned or monitored security of the Building twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. Landlord shall install and be solely responsible for the maintenance and operation of a Building-wide security system for monitoring and access control at Building entrances and the loading dock(s), with card access controls at the Building main entrances, stairwells and service doors. Tenant No such reentry shall be provided with similar access considered or construed to the Premises, Building and parking areas. Tenant shall comply with all rules and regulations relating to security and access to the Building imposed by Landlord, including use of key cards security systems installed in the elevators and lobby entrances to the Building. Subject to Section 7.4, the Tenant shall be responsible for 100% of the cost of any repair to the Premises, the Building, or the Land caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the Tenanta forcible entry.
Appears in 1 contract
Samples: centrum.org
Ownership of Alterations. All alterations and additions shall be part of the Building and owned by the Landlord, except for certain biotechnology laboratory equipment that is to be installed in the Premises, which shall be deemed to be independent of the real property, and which have been identified as Removable Alterations (as defined herein) in accordance with the terms of this Section 4.2 and by mutual agreement between the Landlord and Tenant either at the time of the Tenant’s initial occupancy of the Premises or from time to time thereafter; provided, however, that the Landlord may require removal by the Tenant of all or any portion of any all other alterations and additions made to the Premises by the Tenant. Upon Tenant’s written request given simultaneously with its request for consent to any alterations or additions, so long as Landlord will advise the advised Tenant of such requirement for removal prior to the installation of the alteration or addition by Tenant. If the TenantTenant fails to inform the Landlord, in writing, at least ten (10) days prior to the installation of the alteration or addition, thereby preventing the Landlord from making a determination as to whether it will want such addition or alteration removed from the Premises prior to its installation, then the Landlord may require such removal without exception. All movable equipment, trade fixtures equipment and furnishings not attached to the Premises shall remain the personal property of the Tenant and shall be removed by the Tenant upon termination or expiration or earlier termination of this Lease. Notwithstanding anything to the contrary contained in this Section 4.2, any alterations and additions, equipment, trade fixtures, additions funded by the Landlord and furnishings installed by Landlord, whether or not attached to as part of the Premises, Leasehold Improvements (as defined in the Work Letter) (the “Landlord Funded Alterations”) shall be part of the Building and owned by the Landlord; all alterations and additions which are necessary for the use of the Premises as an operational biotechnology laboratory (the “Base Laboratory Alterations”), regardless of who funded their acquisition and installation, shall in no event constitute the Tenant’s personal property. Any Removable Alterations; and all alterations and additions, if required additions which: (i) are not Landlord Funded Alterations; (ii) are not Base Laboratory Alterations; and (iii) have been designated as Removable Alterations by mutual agreement from time to be removed upon time established between the termination or expiration Landlord and the Tenant (such items being hereinafter collectively referred to as the “Removable Alterations”) shall remain the property of this Lease as hereinabove provided, the Tenant and shall be removed by the Tenant upon termination or expiration of this Lease, unless the Landlord elects to purchase all or a portion of such Removable Alterations from the Tenant for a price equal to the then depreciated book value thereof established on the Tenant’s books maintained in accordance with reasonable care and diligence; however generally accepted accounting principals consistently applied. If the Landlord terminates this Lease on the basis of a default by the Tenant and, the Landlord elects to purchase all or a portion of the Removable Alterations as provided above, then the Landlord will credit such amounts due to the Tenant against any sums owed by Tenant to Landlord, whether overdue Annual Fixed Rent, Additional Rent, damages or otherwise. In connection with any removal by the Tenant of the Removable Alterations, the Tenant shall not be required to cap off of all utility connections behind the adjacent interior finish, or finish and restore such interior finish to the extent necessary so that the Premises are left with complete wall, ceiling and floor finishes. RESPONSIBILITY FOR CONDITION OF BUILDING AND PREMISES Maintenance of Building and Common Areas by Landlord. Except as otherwise provided in Article 8, the Landlord shall make such repairs to the foundation, roof, exterior walls (including exterior glass), floor slabs, elevators, base building mechanical and life safety systems (to the extent serving more than one tenant), and any other base structural elements of the Building as may be necessary to keep them in compliance with applicable laws (including, but not limited to, the Baltimore City Building Code and the Americans with Disabilities Act (the ““ADA”“)), in good order, condition and repair, and make such repairs to the mechanical systems and equipment serving the Building, except for any mechanical systems and equipment that serve the Premises exclusively (““Tenant’s Dedicated Mechanical Systems and Equipment”“), and other Common Areas as are necessary to keep them in good order, condition and repair. The Landlord shall further perform the services designated as Landlord’s Services on Exhibit E. Subject to Section 7.4, the Tenant shall be responsible for 100% have the right to subject the Removable Alterations to a prior security interest in connection with the financing of the cost of any repair to the Premises, the Building, or the Land caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the Tenant. Landlord will provide either manned or monitored security of the Building twenty-four its Leasehold Improvements (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. Landlord shall install and be solely responsible for the maintenance and operation of a Building-wide security system for monitoring and access control at Building entrances and the loading dock(s), with card access controls at the Building main entrances, stairwells and service doors. Tenant shall be provided with similar access to the Premises, Building and parking areas. Tenant shall comply with all rules and regulations relating to security and access to the Building imposed by Landlord, including use of key cards security systems installed as defined in the elevators and lobby entrances to Work Letter) so long as the Building. Subject to Section 7.4, security agreement evidencing the Tenant shall be responsible for 100% of the cost of any repair to the Premises, the Building, or the Land caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the Tenant.secured party’s interest in such Removable Alterations:
Appears in 1 contract
Samples: Lease (Aveo Pharmaceuticals Inc)
Ownership of Alterations. All alterations and additions shall Alterations, improvements, fixtures and/or equipment which may be part of the Building and owned by the Landlord; provided, however, that the Landlord may require removal by the Tenant of all installed or any portion of any alterations and additions made to placed in or about the Premises by the Tenant. Upon Tenant’s written request given simultaneously with its request for consent to any alterations or additions, Landlord will advise the Tenant of such requirement for removal prior to the installation of the alteration or addition by the Tenant. All movable equipment, trade fixtures and furnishings not attached to the Premises shall remain the personal property of the Tenant and shall be removed by the Tenant upon expiration or earlier termination of this Lease. Notwithstanding anything to the contrary contained in this Section 4.2, any alterations and additions, equipment, trade fixtures, and furnishings installed by Landlord, whether or not attached to the Premises, shall be part of the Building and owned by the Landlord, and shall in no event constitute the Tenant’s personal property. Any alterations and additions, if required to be removed upon the termination or expiration of this Lease as hereinabove provided, shall be removed by the Tenant with reasonable care and diligence; however Tenant shall not be required to cap off of all utility connections behind the adjacent interior finish, or restore such interior finish to the extent necessary so that the Premises are left with complete wall, ceiling and floor finishes. RESPONSIBILITY FOR CONDITION OF BUILDING AND PREMISES Maintenance of Building and Common Areas by Landlord. Except as otherwise provided in Article 8, the Landlord shall make such repairs to the foundation, roof, exterior walls (including exterior glass), floor slabs, elevators, base building mechanical and life safety systems (to the extent serving more than one tenant), and any other base structural elements of the Building as may be necessary to keep them in compliance with applicable laws (including, but not limited to, the Baltimore City Building Code all floor and the Americans with Disabilities Act (the ““ADA”“)wall coverings, cabinet work and paneling, sinks and related plumbing fixtures, laboratory benches, exterior venting fume hoods and walk-in freezers and refrigerators, ductwork, conduits, electrical panels and circuits), in good order, condition shall be at the sole cost of Tenant and repairshall remain the property of Tenant during the Term, and make upon expiration of earlier termination of this Lease, shall be and become the property of Landlord. Furthermore, Landlord may require (in a notice given concurrently with Landlord's grant of its consent to such repairs Alterations or with respect to Permitted Alterations, within three (3) business days of Tenant's notice to Landlord of such Permitted Alterations) that Tenant remove any such Alterations, improvements, fixtures and/or equipment upon the expiration or early termination of the Lease Term, and repair any damage to the mechanical systems Premises and equipment serving Building caused by such removal. Notwithstanding anything above to the Buildingcontrary, except Landlord may not require Tenant to remove improvements which are consistent with typical tenant improvements for any mechanical systems and equipment that serve the Premises exclusively (““Tenant’s Dedicated Mechanical Systems and Equipment”“)Permitted Use; provided, and other Common Areas as are necessary to keep them however, in good order, condition and repair. The Landlord shall further perform the services designated as Landlord’s Services on Exhibit E. Subject to Section 7.4, the all cases Tenant shall be responsible for 100% required to remove, and to restore the Premises or Project, as applicable, to their previous condition, the following Alterations installed by Tenant during the Term (and expressly excluding the initial Tenant Improvements): (a) any cafeteria, kitchens, vivarium, showers, restrooms, washrooms or similar facilities in the Premises that are not part of the cost of Base Building, (b) any repair to private/internal stairways in the Premises, the Building, or the Land caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the Tenant. Landlord will provide either manned or monitored security of the Building twenty-four as opposed to fire stairs (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. Landlord shall install and be solely responsible for the maintenance and operation of a Building-wide security system for monitoring and access control at Building entrances and the loading dock(s), with card access controls at the Building main entrances, stairwells and service doors. Tenant shall be provided with similar access required to demolish and "cap" any such private/internal stairways at the expiration or earlier termination of this Lease), (c) any other items, improvements or fixtures which Tenant is expressly required to remove pursuant to the Premisesterms of this Lease, Building (d) any improvements or signage incorporating Tenant's name or logo, (e) safes and parking areasvaults, (f) raised flooring, and (g) any alteration, improvement or equipment not complying with Applicable Laws. Any Alterations or Improvements other than those consistent with typical tenant improvements for the Permitted Use or as numerated in (a) through (g) above, are "Specialty Alterations". If Tenant shall comply with all rules fails to complete such removal and/or to repair by the end of the Lease Term, Landlord may do so and regulations relating may charge the cost thereof to security and access Tenant. Notwithstanding any other provision of this Article 8 to the Building imposed by Landlordcontrary, in no event shall Tenant remove any improvement from the Premises as to which Landlord contributed payment, including use the Tenant Improvements, without Landlord's prior written consent, which consent Landlord may withhold in its sole and absolute discretion. Under no circumstance shall Landlord require Tenant to remove or restore (or pay for the removal or restoration of key cards security systems installed the Tenant Improvements constructed in accordance with the elevators and lobby entrances Work Letter to the Building. Subject extent the same are not Specialty Alterations; provided that Landlord agrees that the improvements shown on the Final Space Plan attached to Section 7.4, the Tenant shall be responsible for 100% of the cost of any repair to the Premises, the Building, or the Land caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the Tenantthis Lease are not Specialty Alterations.
Appears in 1 contract
Ownership of Alterations. All alterations and additions Unless Landlord shall elect that all or part of any alteration made by Tenant to the premises (including any alteration consented to by Landlord pursuant to Paragraph 9 hereof) shall remain on the premises after the termination of this Lease, the premises shall be part restored to their original condition by Tenant before the expiration of the Building this Lease at Tenant's sole expense. Landlord and owned by the Landlord; providedTenant agree, however, that the Landlord may require removal by with respect to the Tenant Work set forth in Section 33 of all or any portion of any alterations and additions made to the Premises by the Tenant. Upon Tenant’s written request given simultaneously with its request for consent to any alterations or additionsthis Lease, Landlord will advise the such Tenant of such requirement for removal Work shall be deemed as having been completed prior to the installation commencement date of this Lease and therefore Tenant will not have to remove any of such improvements upon the alteration or addition by the Tenant. All movable equipment, trade fixtures and furnishings not attached to the Premises shall remain the personal property of the Tenant and shall be removed by the Tenant upon expiration or earlier termination of this Lease. Notwithstanding anything to the contrary contained in this Section 4.2, any alterations and additions, equipment, trade fixtures, and furnishings installed Upon such election by Landlord, whether any such alterations, improvements, betterments or mechanical equipment, including but not attached to the Premiseslimited to, heating and air conditioning systems, shall be part become the property of the Building and owned by Landlord at the Landlordexpiration or sooner of the termination of this Lease, and shall in no event constitute the Tenant’s personal property. Any alterations all right, title and additions, if required to be removed upon the termination or expiration interest thereof of this Lease as hereinabove provided, shall be removed by the Tenant with reasonable care and diligence; however Tenant shall not be required immediately cease, unless otherwise agreed to cap off of all utility connections behind the adjacent interior finish, or restore such interior finish to the extent necessary so that the Premises are left with complete wall, ceiling and floor finishes. RESPONSIBILITY FOR CONDITION OF BUILDING AND PREMISES Maintenance of Building and Common Areas in writing by Landlord. Except as otherwise provided in Article 8Tenant shall repair promptly, the Landlord shall make such repairs at its own expense, any damage to the foundationpremises caused by bringing into the premises any property for Tenant's use, roofor by the installation or removal of such property, exterior walls (including exterior glass)regardless of fault or by whom such damage shall be caused. Tenant, floor slabs, elevators, base building mechanical and life safety systems (to upon the extent serving more than one tenant), and any other base structural elements expiration or earlier termination of the Building as may be necessary Term, and/or at any time during the Term, shall have the right to keep them in compliance with applicable laws remove from the premises all trade fixtures belonging to Tenant (including, but not limited to, the Baltimore City Building Code movable furniture, other personalty, tailor shop equipment, light fixtures and the Americans with Disabilities Act (the ““ADA”“)), in good order, condition and repair, and make such repairs any other property of Tenant which may be removed without substantial alteration or damage to the mechanical systems premises) and equipment serving all personal property of Tenant. In the Buildingevent Tenant shall effect any such removal, except for any mechanical systems and equipment that serve the Premises exclusively (““Tenant’s Dedicated Mechanical Systems and Equipment”“), and other Common Areas as are necessary to keep them in good order, condition and repair. The Landlord shall further perform the services designated as Landlord’s Services on Exhibit E. Subject to Section 7.4, the Tenant shall be responsible for 100% of the cost of required to repair any repair damage to the Premises, the Building, or the Land premises caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the Tenant. Landlord will provide either manned or monitored security of the Building twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. Landlord shall install and be solely responsible for the maintenance and operation of a Building-wide security system for monitoring and access control at Building entrances and the loading dock(s), with card access controls at the Building main entrances, stairwells and service doors. Tenant shall be provided with similar access to the Premises, Building and parking areas. Tenant shall comply with all rules and regulations relating to security and access to the Building imposed by Landlord, including use of key cards security systems installed in the elevators and lobby entrances to the Building. Subject to Section 7.4, the Tenant shall be responsible for 100% of the cost of any repair to the Premises, the Building, or the Land caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the Tenantsuch removal.
Appears in 1 contract
Ownership of Alterations. All alterations Alterations shall, upon the Expiration Date of this Lease, become the property of Landlord and additions shall remain on and be part surrendered with the Premises on the Expiration Date; except that, Landlord may, at its election, require Tenant to remove any or all of the Building Alterations, provided that Landlord notifies Tenant in writing of such election prior to commencement of the Alterations. If Landlord so elects to have the Alterations removed, Tenant shall, at its sole cost, on or before the Expiration Date, repair and owned by restore the Landlord; provided, however, that the Landlord may require removal by the Tenant of all or any portion of any alterations and additions made Premises to the condition of the Premises by the Tenant. Upon Tenant’s written request given simultaneously with its request for consent to any alterations or additions, Landlord will advise the Tenant of such requirement for removal prior to the installation of the alteration or addition by the Tenant. All movable equipment, trade fixtures and furnishings not attached to the Premises shall remain the personal property of the Tenant and shall be removed by the Tenant upon expiration or earlier termination of this Lease. Notwithstanding anything to the contrary contained in this Section 4.2, any alterations and additions, equipment, trade fixtures, and furnishings installed by Landlord, whether or not attached to the Premises, shall be part of the Building and owned by the Landlord, and shall in no event constitute the Tenant’s personal property. Any alterations and additions, if required Alterations which are to be removed upon the termination or expiration of this Lease as hereinabove providedremoved, shall be removed by the Tenant with reasonable care and diligence; however provided that Tenant shall not be required to cap off remove floor or wall coverings, repaint the Premises, install new floor coverings or refill immaterial wall or floor penetrations. Tenant shall pay all costs for Alterations and other construction done or caused to be done by Tenant and Tenant shall keep the Premises free and clear of all utility connections behind mechanics’ and materialmen’s liens resulting from or relating to any Alterations or other construction performed by or on behalf of Tenant. Tenant may, at its election, contest the adjacent interior finish, correctness or restore validity of any such interior finish lien provided that (a) within 20 days after written demand by Landlord (which demand may not be made prior to that date which Landlord reasonably estimates is 60 days prior to the extent necessary so that the Premises are left with complete wall, ceiling and floor finishes. RESPONSIBILITY FOR CONDITION OF BUILDING AND PREMISES Maintenance last day such lien can be satisfied or bonded over in over to avert a foreclosure of Building and Common Areas by Landlord. Except as otherwise provided in Article 8, the Landlord shall make such repairs to the foundation, roof, exterior walls (including exterior glasslien), floor slabsTenant procures and records a lien release bond (or other comparable security reasonably satisfactory to Landlord which will protect the Project from foreclosure), elevatorsissued by a corporation satisfactory to Landlord and authorized to issue surety bonds in California, base building mechanical in an amount equal to 150 percent of the amount of the claim of lien, which bond meets the requirements of California Civil Code Section 3143 or any successor statute, and life safety systems (b) Landlord may, at its election, require Tenant to pay Landlord’s attorneys’ fees and costs (to the extent serving more than one tenant), and any other base structural elements adjudged reasonable by a court of the Building as may be necessary to keep them competent jurisdiction) incurred in compliance with applicable laws (including, but not limited to, the Baltimore City Building Code and the Americans with Disabilities Act (the ““ADA”“)), participating in good order, condition and repair, and make such repairs to the mechanical systems and equipment serving the Building, except for any mechanical systems and equipment that serve the Premises exclusively (““Tenant’s Dedicated Mechanical Systems and Equipment”“), and other Common Areas as are necessary to keep them in good order, condition and repair. The Landlord shall further perform the services designated as Landlord’s Services on Exhibit E. Subject to Section 7.4, the Tenant shall be responsible for 100% of the cost of any repair to the Premises, the Building, or the Land caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the Tenant. Landlord will provide either manned or monitored security of the Building twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. Landlord shall install and be solely responsible for the maintenance and operation of a Building-wide security system for monitoring and access control at Building entrances and the loading dock(s), with card access controls at the Building main entrances, stairwells and service doors. Tenant shall be provided with similar access to the Premises, Building and parking areas. Tenant shall comply with all rules and regulations relating to security and access to the Building imposed by Landlord, including use of key cards security systems installed in the elevators and lobby entrances to the Building. Subject to Section 7.4, the Tenant shall be responsible for 100% of the cost of any repair to the Premises, the Building, or the Land caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the Tenantan action.
Appears in 1 contract
Ownership of Alterations. All alterations and additions Title to any Alterations thereto constructed by Tenant or subtenants shall be part of vested in Tenant, subtenant or, as may be required for financing purposes, other parties until the Building and owned by the Landlord; provided, however, that the Landlord may require removal by the Tenant of all or any portion of any alterations and additions made to the Premises by the Tenant. Upon Tenant’s written request given simultaneously with its request for consent to any alterations or additions, Landlord will advise the Tenant of such requirement for removal prior to the installation of the alteration or addition by the Tenant. All movable equipment, trade fixtures and furnishings not attached to the Premises shall remain the personal property of the Tenant and shall be removed by the Tenant upon expiration or earlier termination of this Lease, at which time the Alterations thereto shall become the property of Commission, free and clear of all liens and encumbrances, without any obligation on the part of Commission to pay therefore. Notwithstanding anything At Commission’s request, Tenant shall deliver a deed to the contrary contained in Buildings to Commission confirming this transfer at the expiration or termination of this Lease, together with a complete set of all as- built or other building plans and all keys to the Buildings and any other improvements on the Campus. Subject to the terms of Section 4.210.1 relating to damage and destruction upon expiration or earlier termination of the Term of this Lease, whether by lapse of time or otherwise (including any alterations and additionsholdover period), equipmentTenant at its expense shall: (a) remove all of Tenant’s moveable, trade fixturesun- affixed personal property, goods, and furnishings installed by Landlord, whether or not attached to the Premises, shall be part of the Building and owned by the Landlordeffects, and shall in no event constitute the Tenant’s personal property. Any alterations and additions, if required to be removed upon the termination or expiration of this Lease as hereinabove provided, shall be removed by the Tenant with reasonable care and diligence; however Tenant shall not be required to cap off those of all utility connections behind persons claiming under Tenant from the adjacent interior finish, or restore such interior finish Campus; (b) to the extent necessary so that required by Commission, remove all of its exhibits and exhibit-related casework, and (c) promptly and peacefully surrender the Premises are left with complete wall, ceiling and floor finishes. RESPONSIBILITY FOR CONDITION OF BUILDING AND PREMISES Maintenance of Building and Common Areas by Landlord. Except as otherwise provided in Article 8, the Landlord shall make such repairs to the foundation, roof, exterior walls Campus (including exterior glass)surrender of all Tenant’s improvements, floor slabsalterations, elevatorsand additions installed on the Campus) in at least as good a condition as at the Date of Possession or the date of completion of the Alterations, base building mechanical reasonable wear and life safety systems (to tear and casualty excepted. Any property left on the extent serving Campus more than one tenant)thirty (30) days after the expiration or termination of the Term shall be deemed to have been abandoned and to have become the property of Commission to dispose of as Commission deems expedient, and any other base structural elements of the Building as may be necessary to keep them in compliance with applicable laws (including, but not limited to, the Baltimore City Building Code and the Americans with Disabilities Act (the ““ADA”“)), in good order, condition and repair, and make such repairs to the mechanical systems and equipment serving the Building, except for any mechanical systems and equipment that serve the Premises exclusively (““Tenant’s Dedicated Mechanical Systems and Equipment”“), and other Common Areas as are necessary to keep them in good order, condition and repair. The Landlord shall further perform the services designated as Landlord’s Services on Exhibit E. Subject to Section 7.4, the Tenant shall be responsible liable for 100% all costs associated with the disposal of such property. Tenant hereby waives all claims for damages that may be caused by Commission re-entering and taking possession of the cost of any repair to the Premises, the Building, Campus or the Land caused by the negligence or misconduct of the removing and storing Tenant, or any agent, employee or contractor of the Tenant’s property as herein provided. Landlord will provide either manned or monitored security of the Building twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. Landlord shall install and be solely responsible for the maintenance and operation of a Building-wide security system for monitoring and access control at Building entrances and the loading dock(s), with card access controls at the Building main entrances, stairwells and service doors. Tenant No such reentry shall be provided with similar access considered or construed to the Premises, Building and parking areas. Tenant shall comply with all rules and regulations relating to security and access to the Building imposed by Landlord, including use of key cards security systems installed in the elevators and lobby entrances to the Building. Subject to Section 7.4, the Tenant shall be responsible for 100% of the cost of any repair to the Premises, the Building, or the Land caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the Tenanta forcible entry.
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Samples: Appendix 1
Ownership of Alterations. All alterations and additions Tenant shall be part of the Building entitled to all depreciation, amortization and owned by the Landlord; provided, however, other tax benefits with respect to Alterations that the Landlord may require removal by the Tenant of all be installed or any portion of any alterations and additions made to placed in or about the Premises by Tenant at Tenant's sole cost and expense. Within five (5) days following substantial completion of any such Alterations within the Tenant. Upon Tenant’s written request given simultaneously Premises, Tenant shall provide Landlord with its request for consent to any alterations or additions, Landlord will advise a statement as provided in Section 1.3(b) above signed by Tenant and the Tenant of such requirement for removal prior Architect/Engineer who designed the Alterations certifying to the installation of cost thereof so that Landlord can insure the alteration Alterations from destruction or addition damage arising from any Casualty as provided in Section 16.1. In the event that Tenant fails to provide such statement and (a) Landlord's insurance carrier either refuses to provide coverage for such destruction or damage or (b) Landlord is adjudged a co-insurer by the Tenant. All movable equipmentLandlord's insurance carrier, trade fixtures and furnishings not attached to the Premises then any losses or penalties Landlord shall remain the personal property of the sustain shall be borne by Tenant and shall be removed immediately paid by the Tenant upon receipt of an invoice and evidence of such loss. In addition, notwithstanding the provisions of Article 16 of this Lease, in the event of destruction or damage to the Alterations arising from any Casualty, Landlord shall not be obligated to repair or restore any of the Alterations that are damaged or destroyed and the repair and restoration thereof shall be made by Tenant at Tenant's sole cost and expense. By written notice to Tenant at the time consent therefor is given, Landlord may require Tenant, at Tenant's sole cost and expense, to remove any Alterations that cannot be used for ordinary general office purposes and to restore the Premises to their configuration and condition before the Alterations were made. If Tenant fails to complete the restorations before the expiration of the Lease Term or, in the case of earlier termination, within fifteen (15) days after written notice from Landlord requesting the restoration, Landlord may do so and charge the cost of the restoration to Tenant. All Alterations (but excluding signs, furniture, trade fixtures, office equipment, special equipment specifically related to the conduct of Tenant's business [a detailed description of which has been given to landlord at the time Tenant seeks Landlord's consent to the Alterations]) that may be installed or place in or about the Premises from time to time shall be and become the property of Landlord upon the expiration or earlier termination of this Lease. Notwithstanding anything to the contrary contained in this Section 4.2, any alterations and additions, equipment, trade fixtures, and furnishings installed by Landlord, whether or not attached to the Premises, shall be part of the Building and owned by the Landlord, and shall in no event constitute the Tenant’s personal property. Any alterations and additions, if required to be removed upon the termination or expiration of this Lease as hereinabove provided, shall be removed by the Tenant with reasonable care and diligence; however Tenant shall not be required to cap off of all utility connections behind the adjacent interior finish, or restore such interior finish to the extent necessary so that the Premises are left with complete wall, ceiling and floor finishes. RESPONSIBILITY FOR CONDITION OF BUILDING AND PREMISES Maintenance of Building and Common Areas by Landlord. Except as otherwise provided in Article 8, the Landlord shall make such repairs to the foundation, roof, exterior walls (including exterior glass), floor slabs, elevators, base building mechanical and life safety systems (to the extent serving more than one tenant), and any other base structural elements of the Building as may be necessary to keep them in compliance with applicable laws (including, but not limited to, the Baltimore City Building Code and the Americans with Disabilities Act (the ““ADA”“)), in good order, condition and repair, and make such repairs to the mechanical systems and equipment serving the Building, except for any mechanical systems and equipment that serve the Premises exclusively (““Tenant’s Dedicated Mechanical Systems and Equipment”“), and other Common Areas as are necessary to keep them in good order, condition and repair. The Landlord shall further perform the services designated as Landlord’s Services on Exhibit E. Subject to Section 7.4, the Tenant shall be responsible for 100% of the cost of any repair to the Premises, the Building, or the Land caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the Tenant. Landlord will provide either manned or monitored security of the Building twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. Landlord shall install and be solely responsible for the maintenance and operation of a Building-wide security system for monitoring and access control at Building entrances and the loading dock(s), with card access controls at the Building main entrances, stairwells and service doors. Tenant shall be provided with similar access to the Premises, Building and parking areas. Tenant shall comply with all rules and regulations relating to security and access to the Building imposed by Landlord, including use of key cards security systems installed in the elevators and lobby entrances to the Building. Subject to Section 7.4, the Tenant shall be responsible for 100% of the cost of any repair to the Premises, the Building, or the Land caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the TenantTerm.
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Ownership of Alterations. All alterations and additions shall be part of the Building and owned by the Landlord; provided, however, that the Landlord may require removal by the Tenant of all or any portion of any alterations and additions made to the Premises by Premises, so long as the Tenant. Upon Tenant’s written request given simultaneously with its request for consent to any alterations or additions, Landlord will advise advised the Tenant of such requirement for removal prior to the installation of the alteration or addition by the Tenant. If the Tenant fails to inform the Landlord, in writing, at least ten (10) days prior to the installation of the alteration or addition, thereby preventing the Landlord from making a determination as to whether it will want such addition or alteration removed from the Premises prior to its installation, then the Landlord shall advise the Tenant in writing of such determination within ten (10) days after the Tenant gives the Landlord written notice requesting that the Landlord make such determination. All movable equipment, trade fixtures and furnishings not attached to the Premises shall remain the personal property of the Tenant and shall be removed by the Tenant upon termination or expiration or earlier termination of this Lease. Notwithstanding anything to the contrary contained in this Section 4.2, any alterations and additions, equipment, trade fixturesadditions funded by the Landlord, and furnishings installed by Landlordas part of the Initial Leasehold Improvements (as defined in the Work Letter) or otherwise (the "Landlord Funded Improvements"), whether or not attached to and all alterations and additions which are necessary for the Premisesuse of the Premises as an operational biotechnology laboratory (the "Base Laboratory Improvements"), regardless of who funded their acquisition and installation, shall be part of the Building and owned by the Landlord, and shall in no event constitute the Tenant’s 's personal property. Any alterations and additions, if required to be removed upon the termination or expiration For purposes of this Lease as hereinabove providedLease, "Base Laboratory Improvements" shall be removed by include equipment that is integrated into the Tenant Building which is consistent with reasonable care and diligence; however Tenant shall necessary for the operation of a standard, high quality biotechnology research laboratory. Such equipment would include, but would not be required to cap off of all utility connections behind the adjacent interior finish, or restore such interior finish to the extent necessary so that the Premises are left with complete wall, ceiling and floor finishes. RESPONSIBILITY FOR CONDITION OF BUILDING AND PREMISES Maintenance of Building and Common Areas by Landlord. Except as otherwise provided in Article 8, the Landlord shall make such repairs to the foundation, roof, exterior walls (including exterior glass), floor slabs, elevators, base building mechanical and life safety systems (to the extent serving more than one tenant), and any other base structural elements of the Building as may be necessary to keep them in compliance with applicable laws (including, but not limited to, the Baltimore City Building Code supply and the Americans exhaust ventilation systems; fume hoods in reasonable quantity; environmental rooms in reasonable quantity; laboratory benches in reasonable quantity, casework with Disabilities Act associated shelving (the ““ADA”“))whether fixed or adjustable or otherwise capable of being relocated) in reasonable quantity, in good orderfixtures, condition and repair, and make such repairs to the mechanical systems plumbing supply/waste lines and equipment serving the Buildingassociated therewith, except for any mechanical systems and equipment that serve the Premises exclusively (““Tenant’s Dedicated Mechanical Systems and Equipment”“)gas supply lines, and other Common Areas as are necessary to keep them in good order, condition and repair. The Landlord shall further perform the services designated as Landlord’s Services on Exhibit E. Subject to Section 7.4, the Tenant shall be responsible for 100% of the cost of any repair to the Premises, the Building, or the Land caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the Tenant. Landlord will provide either manned or monitored security of the Building twentya back-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. Landlord shall install and be solely responsible for the maintenance and operation of a Building-wide security system for monitoring and access control at Building entrances and the loading dock(s), with card access controls at the Building main entrances, stairwells and service doors. Tenant shall be provided with similar access to the Premises, Building and parking areas. Tenant shall comply with all rules and regulations relating to security and access to the Building imposed by Landlord, including use of key cards security systems installed in the elevators and lobby entrances to the Building. Subject to Section 7.4, the Tenant shall be responsible for 100% of the cost of any repair to the Premises, the Building, or the Land caused by the negligence or misconduct of the Tenant, or any agent, employee or contractor of the Tenant.up electrical generator sufficient to
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