Common use of Removal by Tenant Clause in Contracts

Removal by Tenant. (a) Prior to the commencement of any Alterations, Tenant shall submit to Landlord, for Landlord's written approval, plans and specifications (to be prepared by and at the expense of Tenant) showing the proposed Alterations in detail satisfactory to Landlord. No Alterations shall begin until Landlord shall have approved such plans and specifications, in writing, and Tenant shall have delivered to Landlord certificates for all insurance Tenant is required to maintain under this Lease in connection with making Alterations. Tenant shall make all approved Alterations at its own expense, in accordance with the plans and specifications therefor approved by Landlord and then only by contractors and mechanics approved by Landlord. No amendments or additions shall be made to any plans and specifications for Alterations approved by Landlord without Landlord's prior written consent; (b) The Alterations will not result in a violation of or require a change in any certificate of occupancy covering the Premises or the Building; (c) The character, outside appearance, usefulness and/or rentability of the Premises or the Property or any part thereof, shall not be affected in any way, and such Alterations shall not, in the sole opinion of Landlord, weaken or impair (temporarily or permanently) the structure or lessen the value or cubic content of the Building, either during the making of such Alterations or upon their completion; (d) No part of the Property other than the Premises shall be physically affected. Without limiting the generality of the foregoing, Tenant shall not, without Landlord's specific prior written consent, cause to be made, constructed, erected, installed or otherwise placed through, on or about the exterior walls or the roof of the Building any holes, vents, windows, fans, pipes, ducts, doors, machinery, equipment, appliances (including, without limitation, air conditioning unit(s)), television or radio antenna or other tangible objects of any nature whatsoever; (e) The proper functioning of the Building's equipment, in the sole opinion of Landlord, shall not be adversely affected; (f) Upon completion of any Alterations (excluding mere decorations), Tenant shall deliver to Landlord a copy of "as-built" plans for such Alterations; (g) Tenant shall not perform Alterations in any manner which for any reason whatsoever would, in Landlord's opinion, interfere or conflict with work being performed by contractors or laborers then engaged in the Building or would in any way disturb the management, operation or maintenance of the Building or any part thereof; (h) No approval by Landlord of Alterations to be made by Tenant shall in any way be deemed to be an agreement by Landlord that such Alterations comply with applicable legal or insurance carrier requirements. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished to Tenant, and that no mechanic's or other lien for such labor or materials shall attach to or affect any interest of Landlord; (i) Throughout the performance of Tenant's Alterations, Tenant, at its expense, shall carry, or cause to be carried by Tenant's contractors and subcontractors, all insurance, including without limitation, that required by Articles A-1.07 and A-5.03 of this Lease or as otherwise may be required by law. Tenant shall furnish Landlord with copies of the insurance policies required hereunder or certificates thereof that such insurance is in effect at or before the commencement of Alterations and, on request, at reasonable intervals thereafter during the continuance of Alterations; (j) All work to be performed other than Landlord's Work shall be performed by Tenant using union labor, if required by Landlord, at Tenant's sole cost and expense; and (k) In connection with all work to be performed in and for the Demised Premises, Tenant shall file all drawings, plans and specifications, pay all fees and obtain all permits and applications from the Building Department, the Department of Labor and any other authorities having jurisdiction; and Tenant shall obtain a Certificate of Occupancy and all other approvals required for Tenant to use and occupy the Demised Premises and to open for business to the public. If Tenant shall delay in obtaining a Certificate of Occupancy for the Demised Premises, Landlord, at Tenant's cost and expense, may attempt to obtain such Certificate of Occupancy and Tenant shall cooperate with Landlord (including the signing of any necessary forms or applications) in connection with such efforts. Tenant shall reimburse Landlord, as additional rent, for any costs incurred in obtaining such Certificate of Occupancy. (1) Tenant shall submit its requirements for any and all Tenant work to Landlord and Landlord shall submit a written proposal to Tenant to perform the work at Tenant's cost as outlined. Tenant may obtain proposals from other contractors; however, Landlord reserves the right to review said proposals and perform the work at or below the costs indicated. Landlord's failure to respond within three (3) business days of receipt of said proposals shall mean Landlord will not perform the work and Tenant may proceed with the work with other contractors subject to the applicable terms and conditions in this agreement governing alterations and improvements. Any work that Tenant authorizes the Landlord to perform will be at the sole cost and expense of the Tenant and will include a fee of fifteen percent (15%) of the actual cost to Landlord for Landlord's supervision and overhead. Tenant will execute a Work Authorization Form prepared by Landlord and issue a check for the full amount of the cost of such work prior to Landlord performing any such work.

Appears in 3 contracts

Samples: Lease Agreement (National Medical Health Card Systems Inc), Lease Agreement (Sandata Technologies Inc), Lease Agreement (National Medical Health Card Systems Inc)

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Removal by Tenant. (a) Prior Each Alteration made by Tenant in or upon the Premises shall become Landlord’s property upon its attachment to the commencement Premises and shall remain upon the Premises at the expiration or termination of this Lease without compensation to Tenant, but Tenant shall remove any AlterationsAlteration if Landlord directs Tenant to do so; provided, however, that Tenant shall not be required to    remove those portions of the Tenant’s Work as set forth on the Block Plan attached hereto as Exhibit G (the “Block Plan”) at the expiration or termination of this Lease, except for those works described on Exhibit G-1; and, provided further, that Landlord shall advise Tenant by delivery of written notice to Tenant within ten (10) days after receipt of final plans and specifications relating to those portions of Tenant’s Work not shown on the Block Plan, whether any portions of such Tenant’s Work not shown on the Block Plan are required to be removed at the expiration or termination of this Lease, and, should Landlord notify Tenant that no such portions of the Tenant’s Work not shown on the Block Plan are required to be removed, then Tenant shall not be required to do so at the expiration or termination of this Lease. To the extent specifically requested in writing by Tenant, Landlord shall inform Tenant at the time Landlord consents to any Alteration whether Landlord requires removal of that Alteration at the expiration or termination of this Lease. If Landlord does not so notify Tenant that Landlord is requiring such removal as requested in writing by Tenant, then Tenant shall not be required to remove any such Alteration upon the expiration or earlier termination of this Lease. When removing an Alteration, Tenant shall submit to Landlord, for Landlord's written approval, plans and specifications (to be prepared by and at bear the expense of Tenant) showing the proposed Alterations in detail satisfactory to Landlord. No Alterations shall begin until Landlord shall have approved such plans removal and specifications, in writing, and Tenant shall have delivered to Landlord certificates for all insurance Tenant is required to maintain under this Lease in connection with making Alterations. Tenant shall make all approved Alterations at its own expense, in accordance with the plans and specifications therefor approved by Landlord and then only by contractors and mechanics approved by Landlord. No amendments or additions shall be made to any plans and specifications for Alterations approved by Landlord without Landlord's prior written consent; (b) The Alterations will not result in a violation of or require a change in any certificate of occupancy covering restore the Premises to the condition existing immediately prior to the Alteration at the expiration or the Building; (c) The character, outside appearance, usefulness and/or rentability of the Premises or the Property or any part thereof, shall not be affected in any way, and such Alterations shall not, in the sole opinion of Landlord, weaken or impair (temporarily or permanently) the structure or lessen the value or cubic content of the Building, either during the making of such Alterations or upon their completion; (d) No part of the Property other than the Premises shall be physically affected. Without limiting the generality of the foregoing, Tenant shall not, without Landlord's specific prior written consent, cause to be made, constructed, erected, installed or otherwise placed through, on or about the exterior walls or the roof of the Building any holes, vents, windows, fans, pipes, ducts, doors, machinery, equipment, appliances (including, without limitation, air conditioning unit(s)), television or radio antenna or other tangible objects of any nature whatsoever; (e) The proper functioning of the Building's equipment, in the sole opinion of Landlord, shall not be adversely affected; (f) Upon completion of any Alterations (excluding mere decorations), Tenant shall deliver to Landlord a copy of "as-built" plans for such Alterations; (g) Tenant shall not perform Alterations in any manner which for any reason whatsoever would, in Landlord's opinion, interfere or conflict with work being performed by contractors or laborers then engaged in the Building or would in any way disturb the management, operation or maintenance of the Building or any part thereof; (h) No approval by Landlord of Alterations to be made by Tenant shall in any way be deemed to be an agreement by Landlord that such Alterations comply with applicable legal or insurance carrier requirements. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished to Tenant, and that no mechanic's or other lien for such labor or materials shall attach to or affect any interest of Landlord; (i) Throughout the performance of Tenant's Alterations, Tenant, at its expense, shall carry, or cause to be carried by Tenant's contractors and subcontractors, all insurance, including without limitation, that required by Articles A-1.07 and A-5.03 termination of this Lease or as otherwise may be required by lawLease. Tenant shall furnish Landlord with copies of the insurance policies required hereunder or certificates thereof that such insurance is in effect at or before the commencement of Alterations and, on request, at reasonable intervals thereafter during the continuance of Alterations; (j) All work to be performed other than Landlord's Work shall be performed by Tenant using union labor, if required by Landlord, at Tenant's sole cost and expense; and (k) In connection with all work to be performed in and for the Demised Premises, Tenant shall file all drawings, plans and specifications, pay all fees and obtain all permits and applications from the Building Department, the Department of Labor and any other authorities having jurisdiction; and Tenant shall obtain a Certificate of Occupancy and all other approvals required for Tenant to use and occupy the Demised Premises and to open for business to the public. If Tenant shall delay in obtaining a Certificate of Occupancy for the Demised Premises, Landlord, at Tenant's cost and expense, may attempt to obtain such Certificate of Occupancy and Tenant shall cooperate with Landlord (including the signing of any necessary forms or applications) in connection with such efforts. Tenant shall reimburse Landlord, as additional rent, for any costs incurred in obtaining such Certificate of Occupancy. (1) Tenant shall submit its requirements for any and all Tenant work to Landlord and Landlord shall submit a written proposal to Tenant to perform the work at Tenant's cost as outlined. Tenant may obtain proposals from other contractors; however, Landlord reserves the right to review said proposals and perform the work at or below the costs indicated. Landlord's failure to respond within three (3) business days of receipt of said proposals shall mean Landlord will not perform the work and Tenant may proceed with the work with other contractors subject to the applicable terms and conditions in this agreement governing alterations and improvements. Any work that Tenant authorizes the Landlord to perform will be at the sole cost and expense of the Tenant and will include a fee of fifteen percent (15%) of the actual cost to Landlord for Landlord's supervision and overhead. Tenant will execute a Work Authorization Form prepared by Landlord and issue a check for the full amount of the cost of such work prior to Landlord performing any such work.

Appears in 1 contract

Samples: Lease Agreement (Silk Road Medical Inc)

Removal by Tenant. (a) Prior All alterations, decorations, additions and improvements made by Tenant shall be deemed to have attached to the commencement leasehold and to have become the property of Landlord upon such attachment, and upon expiration of this Lease or any AlterationsExtended Term, Tenant shall submit not remove any such alterations, decorations, additions and improvements, except trade fixtures installed by Tenant and personal property of Tenant (hereinafter referred to as “ Tenant’s Property”). Landlord, for Landlord's written approval, plans and specifications (to be prepared by and at the expense expiration of the Term, may elect to require Tenant to remove all or any part of Tenant) showing ’s Property and/or the proposed Alterations in detail satisfactory to Landlord. No Alterations shall begin until Landlord shall have approved such plans and specificationsalterations made by Tenant, and, in writingsuch event, such removal shall be done at Tenant’s cost and expense, and Tenant shall, at its cost expense, repair any damage to the Premises or the building caused by such removal, provided that Landlord may remove such Tenant’s Property and/or alterations, and Tenant shall have delivered pay to Landlord certificates for all insurance Landlord’s cost of removal within ten (10) days after the receipt of a xxxx therefor. In the event Landlord does not so elect or Tenant is required to maintain under this Lease in connection with making Alterations. Tenant shall make all approved Alterations at its own expense, in accordance with the plans and specifications therefor approved by Landlord and then only by contractors and mechanics approved by Landlord. No amendments or additions shall be made to any plans and specifications for Alterations approved by Landlord without Landlord's prior written consent; (b) The Alterations will not result in a violation of or require a change in any certificate of occupancy covering vacates the Premises or without so removing Tenant’s Property, such Tenant’s Property and/or alterations, as the Building; (c) The character, outside appearance, usefulness and/or rentability of the Premises or the Property or any part thereofcase may be, shall not be affected in any way, become Landlord’s property. As security for payment of Rent and such Alterations shall not, in the sole opinion of Landlord, weaken or impair (temporarily or permanently) the structure or lessen the value or cubic content of the Building, either during the making of such Alterations or upon their completion; (d) No part of the Property other than the Premises shall be physically affected. Without limiting the generality of the foregoing, Tenant shall not, without Landlord's specific prior written consent, cause to be made, constructed, erected, installed or otherwise placed through, on or about the exterior walls or the roof of the Building any holes, vents, windows, fans, pipes, ducts, doors, machinery, equipment, appliances (including, without limitation, air conditioning unit(s)), television or radio antenna or other tangible objects of any nature whatsoever; (e) The proper functioning of the Building's equipment, in the sole opinion of Landlord, shall not be adversely affected; (f) Upon completion of any Alterations (excluding mere decorations), Tenant shall deliver to Landlord a copy of "as-built" plans for such Alterations; (g) Tenant shall not perform Alterations in any manner which for any reason whatsoever would, in Landlord's opinion, interfere or conflict with work being performed by contractors or laborers then engaged in the Building or would in any way disturb the management, operation or maintenance of the Building or any part thereof; (h) No approval by Landlord of Alterations to be made by Tenant shall in any way be deemed to be an agreement by Landlord that such Alterations comply with applicable legal or insurance carrier requirements. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished to Tenant, additional charges and that no mechanic's or other lien for such labor or materials shall attach to or affect any interest of Landlord; (i) Throughout the performance of Tenant's Alterations’s other obligations hereunder, TenantTenant hereby grants to Landlord’s Initials Landlord a lien and security interest upon all property, at its expense, shall carry, or cause to be carried by Tenant's contractors equipment and subcontractors, all insurancefixtures within the Premises, including without limitationall improvements, that required by Articles A-1.07 equipment, trade fixtures and A-5.03 other personal property at any time placed on or in the Premises, to the full extent of this Lease Tenant’s and any assignee’s or as otherwise may be required by law. Tenant shall furnish Landlord with copies of the insurance policies required hereunder or certificates thereof that such insurance is in effect at or before the commencement of Alterations and, on subtenant’s interest therein and within ten (10) days after Landlord’s written request, at reasonable intervals thereafter during the continuance of Alterations; (j) All work to be performed other than Landlord's Work shall be performed by Tenant using union labor, if required by Landlord, at Tenant's sole cost and expense; and (k) In connection with all work to be performed in and for the Demised Premises, Tenant shall file all drawings, plans and specifications, pay all fees and obtain all permits and applications from the Building Department, the Department of Labor and any other authorities having jurisdiction; and Tenant shall obtain a Certificate of Occupancy and all other approvals required for Tenant to use and occupy the Demised Premises and to open for business to the public. If Tenant shall delay in obtaining a Certificate of Occupancy for the Demised Premises, Landlord, at Tenant's cost and expense, may attempt to obtain such Certificate of Occupancy and Tenant shall cooperate with Landlord (including the signing of any necessary forms or applications) in connection with such efforts. Tenant shall reimburse Landlord, as additional rent, for any costs incurred in obtaining such Certificate of Occupancy. (1) Tenant shall submit its requirements for any and all Tenant work to Landlord and Landlord shall submit a written proposal to Tenant to perform the work at Tenant's cost as outlined. Tenant may obtain proposals from other contractors; however, Landlord reserves the right to review said proposals and perform the work at or below the costs indicated. Landlord's failure to respond within three (3) business days of receipt of said proposals shall mean Landlord will not perform the work and Tenant may proceed with the work with other contractors subject to the applicable terms and conditions in this agreement governing alterations and improvements. Any work that Tenant authorizes the Landlord to perform will be at the sole cost and expense of the Tenant and will include a fee of fifteen percent (15%) of the actual cost file UCC financing statements and/or other appropriate documents to Landlord for Landlord's supervision and overhead. Tenant will execute a Work Authorization Form prepared by Landlord and issue a check for the full amount of the cost of evidence such work prior to Landlord performing any such worklien.

Appears in 1 contract

Samples: Full Service Gross Office Lease (Entrade Inc)

Removal by Tenant. (a) Prior All improvements to the commencement of any Alterations, Tenant shall submit to Landlord, for Landlord's written approval, plans and specifications (to be prepared by and at the expense of Tenant) showing the proposed Alterations in detail satisfactory to Landlord. No Alterations shall begin until Landlord shall have approved such plans and specifications, in writing, and Tenant shall have delivered to Landlord certificates for all insurance Tenant is required to maintain under this Lease in connection with making Alterations. Tenant shall make all approved Alterations at its own expense, in accordance with the plans and specifications therefor approved by Landlord and then only by contractors and mechanics approved by Landlord. No amendments or additions shall be made to any plans and specifications for Alterations approved by Landlord without Landlord's prior written consent; (b) The Alterations will not result in a violation of or require a change in any certificate of occupancy covering the Leased Premises or the Building; (c) The character, outside appearance, usefulness and/or rentability of the Premises or the Property or any part thereof, shall not be affected in any way, and such Alterations shall not, in the sole opinion of Landlord, weaken or impair (temporarily or permanently) the structure or lessen the value or cubic content of the Building, either during the making of such Alterations or upon their completion; (d) No part of the Property other than the Premises shall be physically affected. Without limiting the generality of the foregoing, Tenant shall not, without Landlord's specific prior written consent, cause to be made, constructed, erected, installed or otherwise placed through, on or about the exterior walls or the roof of the Building any holes, vents, windows, fans, pipes, ducts, doors, machinery, equipment, appliances (including, without limitation, air conditioning unit(s)), television or radio antenna or other tangible objects of any nature whatsoever; (e) The proper functioning of the Building's equipment, in the sole opinion of Landlord, shall not be adversely affected; (f) Upon completion of any Alterations (excluding mere decorations), Tenant shall deliver to Landlord a copy of "as-built" plans for such Alterations; (g) Tenant shall not perform Alterations in any manner which for any reason whatsoever would, in Landlord's opinion, interfere or conflict with work being performed by contractors or laborers then engaged in the Building or would in any way disturb the management, operation or maintenance of the Building or any part thereof; (h) No approval by Landlord of Alterations to be made by Tenant shall become the property of Landlord upon installation thereof, and shall then be considered as part of the Leased Premises except that any signs, trade fixtures (including Tenant's installed cooling tower and pump), trade equipment, appliances, furniture and other personal property of any nature installed in the Leased Premises at any way time by Tenant and any replacement thereof by Tenant shall not become a part of the Leased Premises but shall retain their status as personality and shall remain the property of Tenant and portions thereof may be deemed removed from the Leased Premises at any time and from time to time by Tenant during the term of this Lease, providing the same shall be an agreement immediately replaced by comparable property unless the unreplaced removal of reasonable portions thereof does not hinder or interfere with the continuity of the conduct of the Tenant's business in the Leased Premises during the Term, and providing Tenant repairs any, damage to the Leased Premises by any such removal. Landlord shall be entitled to take all depreciation on the building and real estate fixtures and improvements, allowable, under the income tax laws; and, the Tenant shall likewise be entitled to take all investment tax credit for personal property purchased for the building on the Leased Premises, allowable under the income tax laws, corresponding to its expenditures therefor. Landlord shall have the option of requiring Tenant to remove any improvement or fixture (except Tenant Wiring described in Section 4.01 above) at the end of the Term and in such event Tenant shall restore the Leased Premises to the condition existing prior to installation, unless otherwise agreed by Landlord that such Alterations comply with applicable legal or insurance carrier requirements. Notice is hereby given that Landlord shall not be liable at the time of consent for any labor or materials furnished to Tenant, and that no mechanic's or other lien for such labor or materials shall attach to or affect any interest of Landlord; (i) Throughout the performance of Tenant's Alterations, Tenant, at its expense, shall carry, or cause to be carried by Tenant's contractors and subcontractors, all insurance, including without limitation, that required by Articles A-1.07 and A-5.03 of this Lease or as otherwise may be required by law. Tenant shall furnish Landlord with copies of the insurance policies required hereunder or certificates thereof that such insurance is in effect at or before the commencement of Alterations and, on request, at reasonable intervals thereafter during the continuance of Alterations; (j) All work to be performed other than Landlord's Work shall be performed by Tenant using union labor, if required by Landlord, at Tenant's sole cost and expense; and (k) In connection with all work to be performed in and for the Demised Premises, Tenant shall file all drawings, plans and specifications, pay all fees and obtain all permits and applications from the Building Department, the Department of Labor and any other authorities having jurisdiction; and Tenant shall obtain a Certificate of Occupancy and all other approvals required for Tenant to use and occupy the Demised Premises and to open for business to the public. If Tenant shall delay in obtaining a Certificate of Occupancy for the Demised Premises, Landlord, at Tenant's cost and expense, may attempt to obtain such Certificate of Occupancy and Tenant shall cooperate with Landlord (including the signing of any necessary forms or applications) in connection with such efforts. Tenant shall reimburse Landlord, as additional rent, for any costs incurred in obtaining such Certificate of Occupancy. (1) Tenant shall submit its requirements for any and all Tenant work to Landlord and Landlord shall submit a written proposal to Tenant to perform the work at Tenant's cost as outlined. Tenant may obtain proposals from other contractors; however, Landlord reserves the right to review said proposals and perform the work at or below the costs indicated. Landlord's failure to respond within three (3) business days of receipt installation of said proposals shall mean Landlord will not perform the work and Tenant may proceed with the work with other contractors subject to the applicable terms and conditions in this agreement governing alterations and improvements. Any work that Tenant authorizes the Landlord to perform will be at the sole cost and expense of the Tenant and will include a fee of fifteen percent (15%) of the actual cost to Landlord for Landlord's supervision and overhead. Tenant will execute a Work Authorization Form prepared by Landlord and issue a check for the full amount of the cost of such work prior to Landlord performing any such work.

Appears in 1 contract

Samples: Lease Agreement (Gsi Lumonics Inc)

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Removal by Tenant. (aA) By the expiration of the Initial Term (or any duly exercised Renewal Term, as the case may be), or any termination of this Lease, Tenant shall have removed from the Demised Premises all of Tenant's and its assignees' and subtenants' merchandise, furniture and other personal property (excluding any items which belong to Landlord or which are not to be removed by Tenant, as elsewhere provided), and Tenant at its own expense will promptly repair any damage done to the Demised Premises or the Building of which same are a part by installation or use thereof or by any such removal, reasonable wear and tear excepted. Any of Tenant's property not removed by the expiration or termination of this Lease shall, at Landlord's option, be deemed abandoned and may be retained, disposed of or otherwise dealt with by Landlord as it deems fit (and all at the risk, cost and expense of Tenant). (B) Prior to the commencement expiration or termination of any Alterationsthis Lease, Tenant shall submit to Landlord, for Landlord's written approval, plans and specifications (cause the Demised Premises to be prepared inspected for Hazardous Substances (as defined in Section 34, including radioactive material) by a reputable company regularly engaged in providing environmental assessments and at consulting services (the expense "Testing Company"). Tenant shall provide Landlord with a written report of Tenant) showing such inspection (the proposed Alterations in detail satisfactory to Landlord"Inspection Report"). No Alterations shall begin until Landlord In the event that the Inspection Report indicates the existence of radioactive or other Hazardous Substances, then Tenant shall have approved such plans the Demised Premises cleaned and specifications, in writingdecontaminated prior to the expiration or termination of the Lease, and Tenant shall have delivered to provide Landlord certificates for all insurance Tenant is required to maintain under this Lease in connection with making Alterationsa written report from the cleaning and decontamination contractor upon completion of such work. Tenant shall make all approved Alterations at its own expense, in accordance with then cause the plans and specifications therefor approved by Landlord and then only by contractors and mechanics approved by Landlord. No amendments or additions shall be made Testing Company to any plans and specifications for Alterations approved by Landlord without Landlord's prior written consent; (b) The Alterations will not result in a violation of or require a change in any certificate of occupancy covering the Premises or the Building; (c) The character, outside appearance, usefulness and/or rentability of the Premises or the Property or any part thereof, shall not be affected in any way, and such Alterations shall not, in the sole opinion of Landlord, weaken or impair (temporarily or permanently) the structure or lessen the value or cubic content of the Building, either during the making of such Alterations or upon their completion; (d) No part of the Property other than the Premises shall be physically affected. Without limiting the generality of the foregoing, Tenant shall not, without Landlord's specific prior written consent, cause to be made, constructed, erected, installed or otherwise placed through, on or about the exterior walls or the roof of the Building any holes, vents, windows, fans, pipes, ducts, doors, machinery, equipment, appliances (including, without limitation, air conditioning unit(s)), television or radio antenna or other tangible objects of any nature whatsoever; (e) The proper functioning of the Building's equipment, in the sole opinion of Landlord, shall not be adversely affected; (f) Upon completion of any Alterations (excluding mere decorations), Tenant shall deliver to Landlord a copy of "asre-built" plans for such Alterations; (g) Tenant shall not perform Alterations in any manner which for any reason whatsoever would, in Landlord's opinion, interfere or conflict with work being performed by contractors or laborers then engaged in the Building or would in any way disturb the management, operation or maintenance of the Building or any part thereof; (h) No approval by Landlord of Alterations to be made by Tenant shall in any way be deemed to be an agreement by Landlord that such Alterations comply with applicable legal or insurance carrier requirements. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished to Tenant, and that no mechanic's or other lien for such labor or materials shall attach to or affect any interest of Landlord; (i) Throughout the performance of Tenant's Alterations, Tenant, at its expense, shall carry, or cause to be carried by Tenant's contractors and subcontractors, all insurance, including without limitation, that required by Articles A-1.07 and A-5.03 of this Lease or as otherwise may be required by law. Tenant shall furnish Landlord with copies of the insurance policies required hereunder or certificates thereof that such insurance is in effect at or before the commencement of Alterations and, on request, at reasonable intervals thereafter during the continuance of Alterations; (j) All work to be performed other than Landlord's Work shall be performed by Tenant using union labor, if required by Landlord, at Tenant's sole cost and expense; and (k) In connection with all work to be performed in and for the Demised Premises, Tenant shall file all drawings, plans and specifications, pay all fees and obtain all permits and applications from the Building Department, the Department of Labor and any other authorities having jurisdiction; and Tenant shall obtain a Certificate of Occupancy and all other approvals required for Tenant to use and occupy inspect the Demised Premises and to open for business to the public. If Tenant shall delay in obtaining issue a Certificate of Occupancy for follow-up report, which report must indicate that the Demised Premises, Landlord, at Premises are free of radioactive or other Hazardous Substances in order to satisfy Tenant's cost and expense, may attempt to obtain such Certificate of Occupancy and Tenant shall cooperate with Landlord (including the signing of any necessary forms or applications) in connection with such efforts. Tenant shall reimburse Landlord, as additional rent, for any costs incurred in obtaining such Certificate of Occupancy. (1) Tenant shall submit its requirements for any and all Tenant work to Landlord and Landlord shall submit a written proposal to Tenant to perform the work at Tenant's cost as outlined. Tenant may obtain proposals from other contractors; however, Landlord reserves the right to review said proposals and perform the work at or below the costs indicated. Landlord's failure to respond within three (3) business days of receipt of said proposals shall mean Landlord will not perform the work and Tenant may proceed with the work with other contractors subject to the applicable terms and conditions in obligations under this agreement governing alterations and improvements. Any work that Tenant authorizes the Landlord to perform will be at the sole cost and expense Section 30 of the Tenant and will include a fee of fifteen percent (15%) of the actual cost to Landlord for Landlord's supervision and overhead. Tenant will execute a Work Authorization Form prepared by Landlord and issue a check for the full amount of the cost of such work prior to Landlord performing any such workLease.

Appears in 1 contract

Samples: Lease Agreement (Advancis Pharmaceutical Corp)

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