Permitted Alterations. Tenant shall have the right at any time, at its own cost, to make such repairs, decorations, alterations, changes, substitutions, replacements, additions and/or improvements in, on and to the Premises, which Tenant may deem necessary or desirable (collectively, the “Improvements’“). Landlord’s approval shall not be required for any Improvements to the interior of the Building. Subject to Section 6.1 hereof. Landlord’s approval shall be required for any Improvements affecting the exterior of the Building, provided that, such approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall be permitted to construct additions to the Building with the Landlord’s consent, which consent shall not be unreasonably withheld, delayed or conditioned. Tenant shall be permitted to demolish the Building and construct a new building (which shall be deemed to be the Building for all purposes hereunder) only with Landlord’s prior written consent, which consent may be withheld in Landlord’s sole and absolute discretion. In the event Landlord does not approve of Tenant’s plans and specifications for any Improvement under this Section 6.4.1, it shall provide detailed written reasons for such disapproval, and Tenant shall resubmit the plans and specifications to Landlord, and the process shall be repeated until the plans and specifications have been approved, or deemed approved, by Landlord; provided, however Landlord shall be precluded from making additional comments to the plans and specifications after its initial review and comment. Notwithstanding anything to the contrary in the foregoing, in the event that Landlord fails to approve Tenant’s plans for Tenant’s initial improvements to be completed prior to Tenant’s commencing business, Landlord and Tenant shall attempt to resolve any dispute or disagreement relating thereto in good faith. In the event that Landlord and Tenant are unable to resolve such dispute to the satisfaction of Tenant, Tenant shall have the option to terminate this Lease upon prior written notice to Landlord. Landlord hereby consents to Tenant’s construction of the initial Improvements as further described on Exhibit E hereto and incorporated herein.
Appears in 1 contract
Samples: Ground Lease (Voltari Corp)
Permitted Alterations. Tenant shall have not make or permit any Alterations without the right at any time, at its own cost, to make such repairs, decorations, alterations, changes, substitutions, replacements, additions and/or improvements in, on and to the Premises, which Tenant may deem necessary or desirable prior written consent of Landlord (collectively, the “Improvements’“). Landlord’s approval shall not be required for any Improvements to the interior of the Building. Subject to Section 6.1 hereof. Landlord’s approval shall be required for any Improvements affecting the exterior of the Building, provided that, such approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall be permitted to construct additions to the Building with the Landlord’s consent, which consent shall not be unreasonably withheld, delayed or conditioned. Tenant shall be permitted to demolish the Building and construct a new building (which shall be deemed to be the Building for all purposes hereunder) only with Landlord’s prior written consent, which consent may be withheld in Landlord’s sole and absolute discretion. In the event Landlord does not approve of Tenant’s plans and specifications for any Improvement under this Section 6.4.1, it shall provide detailed written reasons for such disapproval, and Tenant shall resubmit the plans and specifications to Landlord, and the process shall be repeated until the plans and specifications have been approved, or deemed approved, by Landlord; provided, however Landlord shall be precluded from making additional comments to the plans and specifications after its initial review and comment). Notwithstanding anything to the contrary in the foregoing, in no event shall any Alterations (i) affect the event exterior of the Building or the outside areas of the Property or the Building (or be visible from adjoining sites), (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 below. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant's Agents in the construction or installation of any Alterations permitted hereunder. Tenant shall, if required by Landlord, obtain and pay for, at Tenant's own expense, a completion and indemnity bond covering such Alterations, the form and amount of which shall be subject to reasonable approval of Landlord. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant's Personal Property; provided, however, that Landlord fails may, at its option upon Notice given to approve Tenant’s plans for Tenant’s initial improvements to be completed prior to Tenant’s commencing business, Landlord and Tenant shall attempt to resolve any dispute or disagreement relating thereto in good faith. In at the event that Landlord and Tenant are unable to resolve such dispute time Landlord's consents to the satisfaction Alteration, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant's expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall have be solely responsible for the option maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to terminate this Lease upon prior any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord's written notice demand therefor from time to Landlord. Landlord hereby consents to Tenant’s construction of the initial Improvements as further described on Exhibit E hereto and incorporated hereintime.
Appears in 1 contract
Samples: Form Office Lease (8x8 Inc /De/)
Permitted Alterations. Tenant shall have the right at any time, at its own cost, to make such repairs, decorations, alterations, changes, substitutions, replacements, additions and/or improvements in, on and to the Premises, which Tenant may deem necessary or desirable (collectively, the “Improvements’“). Without Landlord’s approval shall not be required for any Improvements to the interior of the Building. Subject to Section 6.1 hereof. Landlord’s approval shall be required for any Improvements affecting the exterior of the Building, provided that, such approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall be permitted to construct additions to the Building with the Landlord’s prior written consent, which consent shall not be unreasonably withheld, delayed Tenant shall not make any Capital Alterations or conditionedMaterial Alterations. Tenant may, without Landlord’s consent, make any other Alterations provided the same (a) do not decrease the value of the applicable Facility, (b) do not adversely affect the exterior appearance of such Facility and (c) are consistent in terms of style, quality and workmanship to the original Leased Improvements and Fixtures of such Facility, and provided further that the same are constructed and performed in accordance with the following: 7.4.1 Such construction shall not commence until Tenant shall have procured and paid for all municipal and other governmental permits and authorizations required therefor (as well as any permits or approvals required in connection with any Permitted Encumbrance of such Facility); provided, however, that any Plans and Specifications required to be filed in connection with any such permits or authorizations that require the approval of Landlord shall have been so approved by Landlord. 7.4.2 During and following completion of such construction, the parking that is located on the Land of such Facility shall remain adequate for the operation of such Facility for its Primary Intended Use and in no event shall such parking be less than what is required by any applicable Legal Requirements or was located on such Land prior to such construction. 7.4.3 All work done in connection with such construction shall be permitted to demolish done promptly and in a good and workmanlike manner using materials of appropriate grade and quality consistent with the Building existing materials and construct in conformity with all Legal Requirements and any Plans and Specifications. 7.4.4 If, by reason of the construction of any Alteration, a new building (which or revised certificate of occupancy for any component of such Facility is required, Tenant shall be deemed obtain such certificate in compliance with all applicable Legal Requirements and furnish a copy of the same to be the Building Landlord promptly upon receipt thereof. 7.4.5 Upon completion of any Alteration, Tenant shall promptly deliver to Landlord final lien waivers from each and every general contractor and, with respect to Alterations costing in excess of $10,000, each and every subcontractor that provided goods or services costing in excess of $10,000 in connection with such Alterations indicating that such contractor or subcontractor has been paid in full for all purposes hereunder) only such goods or services, together with Landlord’s prior written consent, which consent such other evidence as Landlord may reasonably require to satisfy Landlord that no liens have been or may be withheld created in Landlord’s sole connection with such Alteration. 7.4.6 Each and absolute discretion. In the event Landlord does not approve of Tenant’s plans and specifications for any Improvement every Alteration, renovation or improvement made by Tenant under this Section 6.4.1, it 7.4 (or Section 7.5) shall provide detailed written reasons for such disapproval, immediately become a part of the Premises and Tenant shall resubmit the plans and specifications belong to Landlord, and the process shall be repeated until the plans and specifications have been approved, or deemed approved, by Landlord; provided, however Landlord shall be precluded from making additional comments subject to the plans terms and specifications after its initial review and commentconditions of this Lease. Notwithstanding anything to the contrary in the foregoing, in the event that Landlord fails to approve Tenant’s plans for Tenant’s initial improvements to be completed prior to Tenant’s commencing business, Landlord and Tenant shall attempt to resolve any dispute or disagreement relating thereto in good faith. In the event that Landlord and Tenant are unable to resolve such dispute to the satisfaction of Tenant, Tenant shall have the option to terminate this Lease upon prior written notice to Landlord. Landlord hereby consents to Tenant’s construction of the initial Improvements as further described on Exhibit E hereto and incorporated herein.7.5
Appears in 1 contract
Samples: Master Lease
Permitted Alterations. Tenant shall have the right at not make any time, at its own cost, to make such repairs, decorations, alterations, changes, substitutions, replacements, additions and/or or improvements in, on and to the Premises, which Tenant may deem necessary or desirable (collectively, the “Improvements’“). Landlord’s approval shall not be required for any Improvements Alterations”) to the interior of the Building. Subject to Section 6.1 hereof. Landlord’s approval shall be required for any Improvements affecting the exterior of the Building, provided that, such approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall be permitted to construct additions to the Building with the Landlord’s consent, which consent shall not be unreasonably withheld, delayed or conditioned. Tenant shall be permitted to demolish the Building and construct a new building (which shall be deemed to be the Building for all purposes hereunder) only with Premises without first obtaining Landlord’s prior written consent, which consent may shall not be withheld unreasonably withheld, conditioned or delayed; provided, however that Tenant shall be permitted to make Alterations that (i) do not affect the structural components of the Building and which can be reasonably removed without damage to the Premises, and (ii) cost less than $25,000.00 in the aggregate in any twelve (12) month period (“Permitted Alterations”) upon notice to Landlord’s sole and absolute discretion, but without its consent. In the event Landlord’s consent is required hereunder, Landlord shall respond to Txxxxx’s written request to make any such proposed Alterations within fifteen (15) days following receipt of such request, which request must be accompanied with all applicable plans, drawings, specifications and other documentation reasonably required by Landlord to evaluate the same. Regardless of whether Lxxxxxxx’s consent is required, Tenant shall advise Landlord in writing at least ten (10) days in advance of the date upon which any Alterations will commence in order to allow Landlord sufficient time to post notices of non-responsibility. Landlord may require Tenant to remove any Alterations requiring or made without Landlord’s consent at the expiration or sooner termination of the Term; provided, however, that Landlord shall make its election in writing to require removal of Alteration(s) (a) at the time providing its consent to the subject Alteration(s) if Landlord’s consent is required, or (b) at any time during the Term that is at least ninety (90) days prior to the Expiration Date for any Alterations made without Lxxxxxxx’s consent. If Tenant so requests in writing, Landlord shall respond in writing within fifteen (15) days of receipt such request whether it requires any Permitted Alterations to be removed by Tenant in accordance with this Section 7.1. In the event that Landlord so requires the removal of any Alteration(s) as set forth in this Section, Tenant shall be obligated to remove the same and shall promptly repair any damage to the Premises caused by such removal at its sole cost and expense on or before the Expiration Date or promptly following the earlier termination of this Lease. Title to any such Alterations for which Landlord does not approve require removal as set forth above shall vest in Landlord upon the Expiration Date or the earlier termination of Tenant’s plans and specifications this Lease. Tenant waives all claims against Landlord for any Improvement under this Section 6.4.1, it shall provide detailed written reasons for damage to Tenant resulting from Lxxxxxxx’s retention or disposition of any such disapproval, Alterations and Tenant shall resubmit be liable to Landlord for Landlord’s costs of removing and disposing of any Alterations for which Landlord properly required removal if Tenant does not so remove and repair any damage caused by such removal on or before the plans and specifications to Landlord, and Expiration Date or promptly following the process shall be repeated until the plans and specifications have been approved, or deemed approved, by Landlord; provided, however Landlord shall be precluded from making additional comments to the plans and specifications after its initial review and commentearlier termination of this Lease. Notwithstanding anything to the contrary contained in this Lease, in no event shall Tenant be required to remove any of the improvements in the foregoingPremises existing on the Effective Date. Tenant, in the event that Landlord fails to approve Tenant’s plans for Tenant’s initial improvements to be completed prior at its expense, shall obtain all necessary governmental permits and certificates relative to Tenant’s Alterations, and shall furnish copies thereof to Landlord upon request. Prior to commencing business, Landlord and Tenant shall attempt to resolve any dispute or disagreement relating thereto in good faith. In the event that Landlord and Tenant are unable to resolve such dispute to the satisfaction of TenantAlterations, Tenant shall have the option deliver to terminate this Lease upon prior written notice to Landlord. Landlord hereby consents to certificates evidencing that Tenant’s construction contractors and subcontractors have adequate insurance coverage naming Landlord, its lender, and any designated Landlord affiliates supplied to Tenant in writing as additional insureds as their interest may appear. Tenant’s Alterations shall be performed in accordance with all applicable laws and requirements of the initial Improvements as further described on Exhibit E hereto public authorities, and incorporated hereinwith all applicable requirements of insurance bodies, and in good and workmanlike manner, and only with materials that are new, high quality and free of material defect.
Appears in 1 contract
Samples: Offer, Agreement and Escrow Instructions (Shimmick Corp)
Permitted Alterations. Tenant shall have not make or permit any Alterations without the right at any time, at its own cost, to make such repairs, decorations, alterations, changes, substitutions, replacements, additions and/or improvements in, on and to the Premises, which Tenant may deem necessary or desirable (collectively, the “Improvements’“). prior written consent of Landlord’s approval shall not be required for any Improvements to the interior of the Building. Subject to Section 6.1 hereof. Landlord’s approval shall be required for any Improvements affecting the exterior of the Building, provided that, such approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall be permitted to construct additions to the Building with the Landlord’s consent, which consent shall not be unreasonably withheld, delayed withheld or conditioned. Tenant shall be permitted Notwithstanding the foregoing, Landlord may withhold its consent in its sole discretion to demolish any Alteration which would (i) affect the exterior of the Building and construct a new building (which shall be deemed to be or the outside areas of the Property or the Building for all purposes hereunder(or be visible from adjoining sites), (ii) only affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s prior written consentaccess to any mechanical, which electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. Landlord shall grant or deny its consent may be withheld in Landlord’s sole and absolute discretion. In the event Landlord does not approve to Xxxxxx's proposed Alterations within thirty (30) days following receipt of Tenant’s plans and specifications for any Improvement under this Section 6.4.1, it shall provide detailed written reasons for such disapproval, and Tenant shall resubmit the plans and specifications (in a form reasonably acceptable to Landlord, ) and the process shall be repeated until the plans and specifications have been approved, or deemed approved, by Landlord; provided, however such other information as Landlord shall be precluded from making additional comments may reasonably request with respect to the plans and specifications after its initial review and comment. Notwithstanding anything to the contrary in the foregoing, in the event that Landlord fails to approve Tenant’s plans for Tenant’s initial improvements to be completed prior to Tenant’s commencing business, Landlord and Tenant shall attempt to resolve any dispute or disagreement relating thereto in good faithsubject Alteration. In the event that (a) Landlord shall fail to grant or deny its consent within such 30-day period, (b) Tenant shall deliver a second request for Landlord's consent (delivered following the expiration of such 30-day period), and Tenant are unable (c) Landlord shall fail to resolve grant or deny its consent within five (5) business days following receipt of such dispute second request, Landlord's consent with respect to the satisfaction subject Alteration shall be deemed granted. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of Section 22.1 below. In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's expense, make such changes to the Base Building. The "Base Building" shall include the structural portions of the Building, and the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of the Building on the floor or floors on which the Premises are located. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alterations permitted hereunder. Tenant shall, if required by Landlord, obtain and pay for, at Xxxxxx’s own expense, a completion and indemnity bond covering such Alterations, the form and amount of which shall be subject to approval of Landlord. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall have be solely responsible for the option maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to terminate this Lease upon prior any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written notice demand therefor from time to Landlord. Landlord hereby consents to Tenant’s construction of the initial Improvements as further described on Exhibit E hereto and incorporated hereintime.
Appears in 1 contract
Samples: Standard Form Office Lease (Flitways Technology Inc.)
Permitted Alterations. Tenant shall have not make or permit any Alterations without the right at prior written consent of Landlord. Notwithstanding the foregoing, in no event shall any timeAlterations (i) affect the exterior of the Building or the outside areas of the Project (or be visible from adjoining sites), at its own cost(ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, the roof, (iii) require any change to make such repairs, decorations, alterations, changes, substitutions, replacements, additions and/or improvements in, on and to the basic floor plan of the Premises, which Tenant may deem necessary any change to the structural or desirable mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (collectively, iv) interfere in any manner with the “Improvements’“). proper functioning of or Landlord’s approval access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. Notwithstanding the foregoing, Landlord’s consent shall not be required for non-structural, cosmetic Alterations provided that: (a) such Alterations do not affect or penetrate the structural portions or exterior appearance of the Premises or Building or affect any Improvements mechanical, electrical, plumbing, life safety, HVAC or other systems in the Building; (b) the cost of such Alterations do not exceed $25,000.00 during any twelve (12) month period; (c) Tenant delivers to Landlord no less than fifteen (15) days prior Notice of the interior installation or construction of such Alterations; (d) such Alterations do not require the issuance of a permit or other authorization from a governmental authority; and (e) such Alterations otherwise comply with the terms of this Article VIII and all Rules and Regulations, Building regulations and Landlord’s structural, engineering and design requirements for the Building. Subject All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the requirements of Section 6.1 hereof21.28. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alterations permitted hereunder. Tenant shall, if reasonably required by Landlord, obtain and pay for, at Tenant’s own expense, a completion and indemnity bond covering such Alterations, the form and amount of which shall be subject to approval of Landlord. All Alterations made by Tenant shall be and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option, require that Tenant, upon the expiration or sooner termination of this Lease, at Tenant’s expense, remove any or all Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. Notwithstanding the foregoing, upon Tenant’s express written request making specific reference to this Section 8.1, Landlord shall advise Tenant at the time of Landlord’s approval of any Alteration requested by Tenant (or within ten (10) Business Days after receipt of Tenant’s notice to Landlord with respect to those Alterations not requiring Landlord’s approval (i.e. cosmetic alterations), whether Landlord will require the removal of the Alteration and restoration of the Premises to its previous condition at the expiration or sooner termination of this Lease, and Landlord's determination at such time shall be binding on Landlord. Landlord’s approval shall be required for failure to expressly waive in writing Tenant’s removal obligation as to any Improvements affecting the exterior of the Building, provided that, such approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall be permitted to construct additions to the Building with the Landlord’s consent, which consent shall not be unreasonably withheld, delayed or conditioned. Tenant shall be permitted to demolish the Building and construct a new building (which Alterations following Tenant's written request therefor shall be deemed to be an election by Landlord to require the Building for all purposes hereunder) only with Landlord’s prior removal of the subject Alterations, unless Landlord subsequently waives such requirement in a written consent, which consent may be withheld in Landlord’s sole and absolute discretionnotice to Tenant. In the event Landlord does not approve Notwithstanding any other provisions of Tenant’s plans and specifications for any Improvement under this Section 6.4.1, it shall provide detailed written reasons for such disapproval, and Tenant shall resubmit the plans and specifications to Landlord, and the process shall be repeated until the plans and specifications have been approved, or deemed approved, by Landlord; provided, however Landlord shall be precluded from making additional comments Lease to the plans and specifications after its initial review and comment. Notwithstanding anything to the contrary in the foregoing, in the event that Landlord fails to approve Tenant’s plans for Tenant’s initial improvements to be completed prior to Tenant’s commencing business, Landlord and Tenant shall attempt to resolve any dispute or disagreement relating thereto in good faith. In the event that Landlord and Tenant are unable to resolve such dispute to the satisfaction of Tenantcontrary, Tenant shall have be solely responsible for the option maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall be responsible for the payment of any increase in Real Property Taxes that are attributable to terminate this Lease upon prior any Alterations, which payment shall be made by Tenant to Landlord within ten (10) days following Landlord’s written notice demand therefor from time to Landlord. Landlord hereby consents to Tenant’s construction of the initial Improvements as further described on Exhibit E hereto and incorporated hereintime.
Appears in 1 contract
Samples: Form Lease (Adept Technology Inc)
Permitted Alterations. Tenant All Alterations approved in accordance with Article 10.1 shall be performed under the direction of Landlord by a contractor approved by Landlord, but at Tenant’s sole cost, risk and expense pursuant to the provisions of this Article 10, and at such times and in such manner as Landlord may from time to time designate. Landlord shall have the right at any timeright, but not the obligation, from time to time during the course of construction, to examine the Alterations for conformity with the approved plans and specifications and workmanship. Landlord shall have the further right, but not the obligation, at its own costthe end of the job, but prior to final acceptance of the work by Tenant, to make again examine the Alterations for conformity with approved plans and specifications. Tenant acknowledges that both of these rights of examination are for the Landlord’s own purposes and that neither such repairsright shall impose on Landlord, decorationsany liability for or obligation to discover defects or omissions in the Alterations. Any aspect of the work, alterations, changes, substitutions, replacements, additions and/or improvements in, on and which in Landlord’s sole judgment does not conform to the Premisesapproved plans and specifications or which as constructed has an adverse impact on the safety or security of the Building or Building Systems, which shall be corrected by Tenant may deem necessary or desirable at Tenant’s sole cost and expense. Tenant shall commence correction with ten (collectively10) days of notice of such non-conforming construction from Landlord to Tenant, the and pursue such correction diligently until completed. All Alterations shall be installed in full compliance with all applicable laws, rules, orders, ordinances, codes and requirements of all governmental agencies having jurisdiction with respect thereto (“Improvements’“). Landlord’s approval Applicable Laws”) and shall not be required for any Improvements to the interior of in no manner cause labor problems in the Building. Subject Further, should the installation of any Alteration cause Landlord to Section 6.1 hereof. Landlord’s approval shall be required for required, under any Improvements affecting the exterior Applicable Law, to alter, modify, add, delete or in any manner change any system, structure or finish of the Building, provided thatsuch change shall be deemed an Alteration and subject to all requirements of this Article 10. The installation of any Alteration shall in no manner cause any labor dispute or problem. All applicable permits and authorizations shall be obtained before the commencement of any work requiring a permit or authorization. Tenant agrees to pay to Landlord, such as Additional Rent, the cost of preparation of all plans and drawings, any consultation expenses which are incurred by Landlord in connection with its review, supervision, and approval shall not be unreasonably withheldof said Alterations, delayed or conditionedand cost of construction plus an administrative fee equal to ten percent (10%) of the total cost of each Alteration. Tenant shall be permitted give Landlord at least fifteen (15) days’ prior written notice before the commencement of any Alterations in order to construct additions give Landlord an opportunity to post and record such notices as Landlord deems appropriate to protect its interest in the Building with the Premises and Building. Tenant waives all rights to make repairs at Landlord’s consent, which consent shall not be unreasonably withheld, delayed expense under the provisions of Sections 1941 and 1942 of the Civil Code of California or conditioned. Tenant shall be permitted to demolish the Building and construct a new building (which shall be deemed to be the Building for all purposes hereunder) only with Landlord’s prior written consent, which consent may be withheld in Landlord’s sole and absolute discretionany other law. In the event Landlord does not approve of Tenant’s plans and specifications for any Improvement under this Section 6.4.1, it shall provide detailed written reasons for such disapproval, and Tenant shall resubmit the plans and specifications to Landlord, and the process shall be repeated until the plans and specifications have been approved, or deemed approved, by Landlord; provided, however Landlord shall be precluded from making additional comments to the plans and specifications after its initial review and comment. Notwithstanding anything to the contrary in the foregoing, in the event that Landlord fails to approve Tenant’s plans for Tenant’s initial improvements to be completed prior to Tenant’s commencing business, Landlord and Tenant shall attempt to resolve any dispute or disagreement relating thereto in good faith. In the event that Landlord and Tenant are unable to resolve such dispute to the satisfaction of Tenantrequires, Tenant shall have provide Landlord with a commercially reasonable performance and/or completion bond for all Alterations. All Contractors used by Tenant to perform work in the option to terminate this Lease upon prior written notice Premises shall be bondable by reputable bonding companies, and shall be subject to Landlord. Landlord hereby consents to Tenant’s construction of the initial Improvements as further described on Exhibit E hereto and incorporated hereinprior reasonable approval.
Appears in 1 contract
Samples: Lease Agreement (Rentech Inc /Co/)
