Common use of Repairs, alterations Clause in Contracts

Repairs, alterations. 7.1 Subject to reimbursement pursuant to Article 5, and subject to the provisions of Section 7.2 and Articles 8, 10 and 14, Landlord agrees to keep in good condition the foundations, exterior walls, structural portions of the Project, the roof, the elevators and the HVAC, mechanical, electrical and plumbing systems installed in the original construction of the Building (excluding, however, any plumbing in the Premises or any above Building-standard heating, air conditioning or lighting equipment in the Premises, which shall be Tenant’s sole responsibility), but Landlord shall not be liable or responsible for breakdowns or temporary interruptions in service where reasonable efforts are used to restore service, and provided that Landlord shall not be responsible for any repair or maintenance that is caused in whole or in part by the act or omission of Tenant or its agents, contractors, employees, or guests; in the event of such repair or maintenance caused by such act or omission, Tenant shall pay for such repair or maintenance upon demand from Landlord and agrees to protect, defend, indemnify and hold Landlord harmless from and against any and all actions, adjudications, awards, causes of action, claims, costs, damages, demands, expenses (including, without limitation, attorneys’ fees and costs and court costs), fees, fines, forfeitures, injuries, judgments, liabilities, liens, losses, obligations, orders, penalties, proceedings, stop notices and suits (collectively, “Claims”) in any way arising or resulting from or in connection therewith. Landlord shall have a reasonable time after written notice from Tenant to perform necessary repairs or maintenance. Tenant hereby waives and releases any right to make repairs at Landlord’s expense which may be provided under Applicable Law. 7.2 Subject to the provisions of Section 7.1 and Articles 8 and 14, Tenant shall keep and maintain the Premises in first class condition and repair, and shall promptly make all necessary repairs thereto at Tenant’s sole cost and expense. Subject to the terms of this Lease, Tenant is responsible for all redecorating, remodeling, alteration and painting required by Tenant during the Term. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project, the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises under this Article 7 or otherwise, and, in case of any such lien attaching or notice of any lien, Tenant covenants and agrees to cause it to be immediately released and removed of record or Landlord, at its sole option, may immediately take all action necessary to release and remove such lien, and Tenant shall, upon demand, immediately reimburse Landlord for all costs and expenses relating thereto incurred by Landlord. 7.3 Tenant may not make any improvements, alterations, additions or changes to the Premises (collectively, the “Alterations”) without first procuring the written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than thirty (30) days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord. Landlord may condition its consent on, among other things, its receipt and review of complete plans and specifications for such Alterations, and the installation of additional risers, feeders and other appropriate equipment as well as utility meters. The installation, maintenance, repair and replacement, as well as all charges in connection with all such meters and equipment shall be at Tenant’s sole cost and expense. 7.4 Except to the extent Tenant requests and Landlord designates otherwise at the time Landlord approves such Alterations, all or any part of the Alterations, whether made with or without the consent of Landlord, shall, at the election of Landlord, either be removed by Tenant at Tenant’s sole expense before the expiration or earlier termination of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property of Landlord without disturbance or injury. If Landlord requires the removal of all or part of any Alterations, Tenant, at its expense, shall immediately repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove the Alterations upon Landlord’s request, then Landlord may (but shall not be obligated to) remove them and the cost of removal and repair of any damage, together with all other damages which Landlord may suffer by reason of the failure of Tenant to remove such Alterations, shall be paid by Tenant to Landlord upon demand. Tenant shall not be entitled to any compensation from Landlord for any Alterations removed by Landlord or at Landlord’s direction. 7.5 Tenant shall construct such Alterations and perform all repairs and maintenance under this Lease (all contractors to be approved in writing in advance by Landlord or, at Landlord’s option, designated by Landlord; without limiting the generality of the foregoing, Tenant specifically acknowledges and agrees that Landlord may require any contractors to be union members and may withhold approval of such contractors in the event the use of the same would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project) in conformance with any and all Applicable Laws, including, without limitation, pursuant to a valid building permit issued by the applicable municipality, and in conformance with Landlord’s construction rules and regulations. Landlord’s consent to such Alterations or Landlord’s approval of the plans, specifications, and working drawings for such Alterations will create no responsibility or liability on the part of Landlord for the completeness, design, sufficiency or compliance with any Applicable Laws (including, without limitation, the Americans With Disabilities Act of 1990, as may have been or may be amended, and the provisions of that Act applicable to the Project or any part of it) with respect to such Alterations. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or the Common Areas for any other tenant of the Building, and as not to obstruct the business of Landlord or other tenants in the Building, or interfere with the labor force working in the Building. Not less than fifteen (15) nor more than twenty (20) days prior to commencement of any Alterations, Tenant shall notify Landlord in writing of the work commencement date so that Landlord may post notices of nonresponsibility about the Premises. Upon completion of any Alterations, Tenant shall deliver to the Building management office a reproducible copy (in paper and/or electronic form, at Landlord’s election) of the “as built” drawings of the Alterations and shall file such drawings and record such notices at such times and in such manner as may be required by Landlord or under Applicable Law. Tenant shall not permit the use of any labor (including, without limitation, any contractors), material or equipment in the performance of any Alterations or of Tenant’s repairs or maintenance if such use would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project. If any violation or disturbance occurs, Tenant, upon demand by Landlord, shall immediately cause all labor, materials and equipment causing such violation or disturbance to be removed from the Project. Tenant agrees to protect, defend, indemnify and hold Landlord harmless from and against any and all Claims in any way arising or resulting from or in connection with any such violation and/or disturbance. 7.6 The charges for work performed by a contractor selected by Landlord shall be deemed Rent under this Lease, payable upon billing therefor, either periodically during construction or upon the substantial completion of such work, at Landlord’s option. Upon completion of such work, Tenant shall deliver to Landlord evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall pay to Landlord a percentage of the cost of such work sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. 7.7 In the event that Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 9 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord a co-obligee.

Appears in 1 contract

Samples: Office Lease (Ampio Pharmaceuticals, Inc.)

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Repairs, alterations. 7.1 7.1. Subject to reimbursement pursuant to Article 5Section 5.3, and subject to the provisions of Section 7.2 7.2, and Articles 8, 10 8 and 14, Landlord agrees to keep in good condition the foundations, exterior walls, structural portions of the ProjectBuilding, the roof, the elevators roof and the HVAC, mechanical, electrical electrical, life safety and plumbing systems installed in the original construction of the Building not located in or exclusively serving the Premises (expressly excluding, however, any HVAC, mechanical, electrical, plumbing in the Premises or any above Building-standard heating, air conditioning or lighting equipment in the Premises, which repair shall be Tenant’s sole responsibility), but . Landlord shall not be liable or responsible for breakdowns or temporary interruptions in service where reasonable efforts are used to restore service, and provided that Landlord shall not be responsible or for any repair or maintenance that which is caused in whole or in part by the act or omission of Tenant or its agents, contractors, employees, or guests; in . In the event of such any repair or maintenance caused by such the act or omissionomission of Tenant, Tenant shall pay for such repair or maintenance upon demand from Landlord and agrees to protectshall indemnify, defend, indemnify protect and hold harmless Landlord harmless from and against any and all actionsloss, adjudications, awards, causes of action, claims, costs, damages, demands, expenses (including, without limitation, attorneys’ fees and costs and court costs), fees, fines, forfeitures, injuries, judgments, liabilities, liens, losses, obligations, orders, penalties, proceedings, stop notices and suits (collectively, “Claims”) in any way arising cost or resulting from or liability in connection therewith. Landlord shall have a reasonable time after written notice from Tenant to perform necessary repairs or maintenance. Tenant hereby waives and releases any its right to make repairs at Landlord’s expense which may be provided under Applicable LawSections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. 7.2 7.2. Subject to the provisions of Section 7.1 7.1, and Articles 8 and 14, Tenant shall keep and maintain the Premises in first class condition and repair, and shall promptly make all necessary repairs thereto at Tenant’s sole cost and expense. Subject Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor coverings; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building or the Project; (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving the Premises; (g) mechanical (including HVAC), plumbing fixtures, wiring, electrical, and lighting systems serving the Premises; (h) windows, glass and plate glass; (i) ceilings; (j) skylights, smoke hatches and roof vents; (k) fixtures and equipment; and (l) Alterations (as hereinafter defined). If Tenant fails to make any repairs to the terms Premises for more than thirty (30) days after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs and Tenant shall pay the reasonable cost of this Leasethe repairs, together with an administrative charge in an amount equal to ten percent (10%) of the cost of the repairs. In addition, Tenant shall, at its sole cost and expense, provide janitorial service to the Premises in a manner consistent with other similar projects in the Foster City, California area. The janitorial service to be provided by Tenant shall include, but not be limited to, the obligation to clean the exterior windows and to keep the interior of the Premises such as the windows, floors, walls, doors, showcases and fixtures clean and neat in appearance and to remove all trash and debris which may be found in or around the Premises. Tenant is responsible for all redecorating, remodeling, alteration and painting required by Tenant during the Term. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project, the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises under this Article 7 or otherwise, and, in case of any such lien attaching or notice of any lien, Tenant covenants and agrees to cause it to be immediately released and removed of record or Landlord, at its sole option, may immediately take all action necessary to release and remove such lien, and Tenant shall, upon demand, immediately reimburse Landlord for all costs and expenses relating thereto incurred by Landlord. 7.3 7.3. Tenant may not make any improvements, alterations, additions or changes to the Premises (collectively, the “Alterations”) without first procuring the written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than thirty (30) days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord. Landlord may condition its consent on, among other things, its receipt receipt, review and review approval of complete plans and specifications for such Alterations, and the installation of additional risers, feeders and other appropriate equipment as well as utility meters. The installation, maintenance, repair and replacement, as well as all charges in connection with all such meters and equipment shall be at Tenant’s sole cost and expense. Notwithstanding the foregoing, Tenant shall have the right without Landlord’s consent but upon five (5) business days’ prior notice to Landlord to make cosmetic, non-structural Alterations to the Premises in accordance with the terms of this Lease, provided that such Alterations do not (i) affect the exterior of the Premises or the Project (nor may such Alterations be visible from street level on the exterior of the Building), (ii) affect the Project’s electrical, ventilation, plumbing, elevator, mechanical, air conditioning or any other systems therein, or (iii) exceed $10,000 in the aggregate per year. The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter, attached hereto as Exhibit B, and not the terms of this Article 7. 7.4 7.4. Except to the extent Tenant requests and Landlord designates otherwise at the time Landlord approves such Alterations, all or any part of the Alterations, whether made with or without the consent of Landlord, shall, at the election of Landlord, either be removed by Tenant at Tenant’s sole its expense before the expiration or earlier termination of the Term this Lease or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property of Landlord without disturbance or injury. If Landlord requires the removal of all or part of any Alterations, Tenant, at its expense, shall immediately repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove the Alterations upon Landlord’s request, then Landlord may (but shall not be obligated to) remove them and the cost of removal and repair of any damage, damage together with all other damages which Landlord may suffer by reason of the failure of Tenant to remove such Alterations, shall be paid by Tenant to Landlord upon demand. Tenant shall not be entitled to any compensation from Landlord for any Alterations removed by Landlord or at Landlord’s direction. 7.5 7.5. Tenant shall construct such Alterations and perform all such repairs and maintenance under this Lease (all contractors to be approved in writing in advance by Landlord or, at Landlord’s option, designated by Landlord; without limiting the generality of the foregoing, Tenant specifically acknowledges and agrees that Landlord may require any contractors to be union members and may withhold approval of such contractors in the event the use of the same would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project) in conformance with any and all Applicable Lawsapplicable rules and regulations of any federal, includingstate, without limitation, county or municipal code or ordinance and pursuant to a valid building permit permit, issued by the applicable municipality, and in conformance with Landlord’s construction rules and regulations. Landlord’s consent to such Alterations or Landlord’s approval of the plans, specifications, and working drawings for such Alterations will create no responsibility or liability on the part of Landlord for the completeness, design, sufficiency or compliance with any Applicable Laws all laws, rules and regulations of governmental agencies or authorities (including, including without limitation, limitation the Americans With Disabilities Act of 1990, as may have been or may be amendedamended from title to time, and the provisions of that Act applicable to the Project or any part of it) with respect to such Alterations. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or the Common Areas for any other tenant of the Building, and as not to obstruct the business of Landlord or other tenants in the Building, or interfere with the labor force working in the Building. Not less than fifteen (15) nor more than twenty (20) days prior to commencement of any Alterations, Tenant shall notify Landlord in writing of the work commencement date so that Landlord may post notices of nonresponsibility about the Premises. Upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County in which the Premises are located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, and Tenant shall deliver to the Building management office a reproducible copy (in paper and/or electronic form, at Landlord’s election) of the “as built” drawings of the Alterations and shall file such drawings and record such notices at such times and in such manner as may be required by Landlord or under Applicable Law. Tenant shall not permit the use of any labor (includingAlterations, without limitation, any contractors), material or equipment in the performance of any Alterations or of Tenant’s repairs or maintenance if such use would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project. If any violation or disturbance occurs, Tenant, upon demand by Landlord, shall immediately cause all labor, materials and equipment causing such violation or disturbance to be removed from the Project. Tenant agrees to protect, defend, indemnify and hold Landlord harmless from and against any and all Claims in any way arising or resulting from or in connection with any such violation and/or disturbanceany. 7.6 7.6. The charges for work performed by a contractor selected by Landlord shall be deemed Rent under this Lease, payable upon billing therefor, either periodically during construction or upon the substantial completion of such work, at Landlord’s option. Upon completion of such work, Tenant shall deliver to Landlord evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall pay to Landlord a percentage of the cost of such work sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. 7.7 7.7. In the event that Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 9 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord a co-obligee.

Appears in 1 contract

Samples: Office Lease (Oxis International Inc)

Repairs, alterations. 7.1 Subject to reimbursement pursuant to Article 5, and subject to the provisions of Section 7.2 and Articles 8, 10 and 14, Landlord agrees to keep in 5.01 Tenant shall take good condition the foundations, exterior walls, structural portions care of the Project, the roof, the elevators Demised Premises and the HVACfixtures and appurtenances therein and, mechanical, electrical and plumbing systems installed in the original construction of the Building (excluding, however, any plumbing in the Premises or any above Building-standard heating, air conditioning or lighting equipment in the Premises, which shall be Tenant’s sole responsibility), but Landlord shall not be liable or responsible for breakdowns or temporary interruptions in service where reasonable efforts are used to restore service, and provided that Landlord shall not be responsible for any repair or maintenance that is caused in whole or in part by the act or omission of Tenant or at its agents, contractors, employees, or guests; in the event of such repair or maintenance caused by such act or omission, Tenant shall pay for such repair or maintenance upon demand from Landlord and agrees to protect, defend, indemnify and hold Landlord harmless from and against any and all actions, adjudications, awards, causes of action, claims, costs, damages, demands, expenses (including, without limitation, attorneys’ fees and costs and court costs), fees, fines, forfeitures, injuries, judgments, liabilities, liens, losses, obligations, orders, penalties, proceedings, stop notices and suits (collectively, “Claims”) in any way arising or resulting from or in connection therewith. Landlord shall have a reasonable time after written notice from Tenant to perform necessary repairs or maintenance. Tenant hereby waives and releases any right to make repairs at Landlord’s expense which may be provided under Applicable Law. 7.2 Subject to the provisions of Section 7.1 and Articles 8 and 14, Tenant shall keep and maintain the Premises in first class condition and repair, and shall promptly make all necessary repairs thereto at Tenant’s sole cost and expense, make all repairs thereto as and when needed to preserve them in good working order and condition. Subject All damage or injury to the terms of this LeaseDemised Premises and to its fixtures, Tenant is responsible for all redecoratingglass, remodelingappurtenances and equipment, alteration and painting required by Tenant during the Term. Tenant covenants and agrees not or to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project, the Building or to its fixtures, glass, appurtenances and equipment, caused by Tenant moving property in or out of the Premises with respect to work Building, or services claimed to have been performed for by installation or materials claimed to have been furnished to Tenant removal of furniture, fixtures or the Premises under this Article 7 other property, or otherwiseresulting from fire, andexplosion, in case air-conditioning unit or system, short circuits, flow or leakage of water, steam, illuminating gas, sewer gas, sewerage or odors or by bursting or leaking of pipes or plumbing works or gas, or from any other cause of any such lien attaching other kind or notice nature whatsoever, due to carelessness, omission, neglect, improper conduct or other cause of any lienTenant, Tenant covenants and agrees to cause it to its servants, employees, agents, visitors or licensees, shall be immediately released and removed of record repaired, restored or Landlordreplaced promptly by Tenant, at its sole option, may immediately take all action necessary cost and expense to release and remove such lien, and Tenant shall, upon demand, immediately reimburse Landlord for all costs and expenses relating thereto incurred by the satisfaction of Landlord. 7.3 Tenant may not make any improvements, alterations, additions or changes to the Premises (collectively, the “Alterations”) without first procuring the written consent of Section 5.02 Landlord to such Alterations, which consent shall be requested by Tenant not less than thirty (30) days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord. Landlord may condition its consent on, among other things, its receipt and review of complete plans and specifications for such Alterations, and the installation of additional risers, feeders and other appropriate equipment as well as utility meters. The installation, maintenance, repair and replacement, as well as all charges in connection with all such meters and equipment shall be at Tenant’s sole cost and expense. 7.4 Except to the extent Tenant requests and Landlord designates otherwise at the time Landlord approves such Alterations, all or any part of the Alterations, whether made with or without the consent of Landlord, shall, at the election of Landlord, either be removed by Tenant at Tenant’s sole expense before the expiration or earlier termination of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property of Landlord without disturbance or injury. If Landlord requires the removal of all or part of any Alterations, Tenant, at its expense, shall immediately make all repairs and replacements, structural and otherwise, necessary or desirable in order to keep in good order and repair any damage to the Premises or exterior of the Building caused by such removal. If Tenant fails to remove the Alterations upon Landlord’s request, then Landlord may (but shall not be obligated to) remove them and the cost public portions of removal the Building and repair of any damage, together with all other damages the need for which Landlord may suffer have knowledge (including the public halls and stairways, plumbing, wiring and other Building equipment for the general supply of water, heat, air-conditioning, gas and electricity) except repairs hereinabove provided to be made by reason Tenant. Tenant agrees to notify Landlord of the failure necessity for any repairs of which Tenant to remove such Alterations, shall may have knowledge and for which Landlord may be paid by Tenant to Landlord upon demand. responsible under the provisions of the preceding sentence. Section 5.03 Tenant shall not be entitled to store or place any compensation from Landlord for any Alterations removed by Landlord materials or at Landlord’s directionother obstructions in the lobby or other public portions of the Building, or on the sidewalk abutting the Building. 7.5 Section 5.04 Tenant shall construct such Alterations and perform all repairs and maintenance under this Lease (all contractors not make or allow to be approved made any alterations to the Demised Premises without first obtaining the prior written consent of Landlord in writing in advance by Landlord oreach such instance, at Landlord’s option, designated by Landlord; without limiting the generality of the foregoing, Tenant specifically acknowledges and agrees that which consent may be given on such conditions as Landlord may require any contractors to be union members elect. Such conditions may include, but are not limited to, review and may withhold approval of such contractors in the event the use of the same would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord plans and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project) in conformance with any and all Applicable Laws, including, without limitation, pursuant to a valid building permit issued by the applicable municipality, and in conformance with Landlord’s construction rules and regulations. Landlord’s consent to such Alterations or Landlord’s approval of the plans, specifications, and working drawings for such Alterations will create no responsibility or liability on the part approval of materials to be used. Landlord for the completeness, design, sufficiency or compliance with agrees not to unreasonably withhold Landlord's consent to any Applicable Laws (including, without limitation, the Americans With Disabilities Act of 1990, as may have been or may be amended, and the provisions of that Act applicable alterations to the Project Demised Premises proposed by Tenant so long as such alterations: (a) do not adversely affect the structural, mechanical, electrical, plumbing, or any part of it) with respect to such Alterations. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to other Building systems, (b)do not affect the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or the Common Areas for any other tenant exterior appearance of the Building, and as (c) are not to obstruct the business of Landlord or other tenants in the Building, or interfere with the labor force working in the Building. Not less than fifteen (15) nor more than twenty (20) days prior to commencement of any Alterations, Tenant shall notify Landlord in writing of the work commencement date so that Landlord may post notices of nonresponsibility about the Premises. Upon completion of any Alterations, Tenant shall deliver to the Building management office a reproducible copy (in paper and/or electronic form, at Landlord’s election) of the “as built” drawings of the Alterations and shall file such drawings and record such notices at such times and in such manner as may be required by Landlord or under Applicable Law. Tenant shall not permit the use of any labor (including, without limitation, any contractors), material or equipment in the performance of any Alterations or of Tenant’s repairs or maintenance if such use would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project. If any violation or disturbance occurs, Tenant, upon demand by Landlord, shall immediately cause all labor, materials and equipment causing such violation or disturbance to be removed visible from the Project. Tenant agrees to protect, defend, indemnify and hold Landlord harmless from and against any and all Claims in any way arising or resulting from or in connection with any such violation and/or disturbancecommon areas. 7.6 The charges for work performed by a contractor selected by Landlord shall be deemed Rent under this Lease, payable upon billing therefor, either periodically during construction or upon the substantial completion of such work, at Landlord’s option. Upon completion of such work, Tenant shall deliver to Landlord evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall pay to Landlord a percentage of the cost of such work sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. 7.7 In the event that Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 9 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord a co-obligee.

Appears in 1 contract

Samples: Office Lease (Demandstar Com Inc)

Repairs, alterations. 7.1 12.1. Subject to reimbursement pursuant to Article 5in accordance with Section 6, and subject to the provisions of Section 7.2 and Articles 8Landlord, 10 and 14, Landlord agrees to keep in good condition the foundations, exterior walls, structural portions of the Project, the roof, the elevators and the HVAC, mechanical, electrical and plumbing systems installed in the original construction of the Building (excluding, however, any plumbing in the Premises or any above Building-standard heating, air conditioning or lighting equipment in the Premises, which shall be at Tenant’s sole responsibility)expense, but Landlord shall not be liable or responsible for breakdowns or temporary interruptions in service where reasonable efforts are used to restore service, and provided that Landlord shall not be responsible for any repair or maintenance that is caused in whole or in part by the act or omission of Tenant or its agents, contractors, employees, or guests; in the event of such repair or maintenance caused by such act or omission, Tenant shall pay for such repair or maintenance upon demand from Landlord and agrees to protect, defend, indemnify and hold Landlord harmless from and against any and all actions, adjudications, awards, causes of action, claims, costs, damages, demands, expenses (including, without limitation, attorneys’ fees and costs and court costs), fees, fines, forfeitures, injuries, judgments, liabilities, liens, losses, obligations, orders, penalties, proceedings, stop notices and suits (collectively, “Claims”) in any way arising or resulting from or in connection therewith. Landlord shall have a reasonable time after written notice from Tenant to perform necessary repairs or maintenance. Tenant hereby waives and releases any right to make repairs at Landlord’s expense which may be provided under Applicable Law. 7.2 Subject to the provisions of Section 7.1 and Articles 8 and 14, Tenant shall will keep and maintain the Premises and every part thereof in first class condition and good repair, ordinary wear and tear and casualty damage excepted. Further, Tenant shall promptly make bear the expense of maintaining the Premises in a clean and safe condition in accord with all federal, state and local laws, ordinances and regulations, and the directions of any health officer, fire marshal, building inspector, or other governmental agency having jurisdiction over the Premises and in a manner consistent with the operation of other similar Class A buildings in the greater Naples, Florida area, including keeping the Premises free of rodents, vermin, insects and other pests; however Landlord shall be responsible for performing the work necessary repairs thereto to comply with such laws, ordinances and regulations, at Tenant’s sole cost and expense. Subject Tenant shall promptly notify Landlord of the need for such work. If Tenant fails to perform any of the work required to be performed by it under this Section 12.1 within ten (10) days after the delivery of written notice thereof by Landlord, Landlord, at Tenant’s expense may perform such work and the cost thereof shall be deemed Additional Rent which shall be due and payable within ten (10) days after written demand for such sums by Landlord. 12.2. Landlord, at Tenant’s expense, will repair all damage to the terms Project caused by the moving of Tenant’s fixtures or personal property, or through the negligence or willful acts of Tenant, its agents or invitees. As between Landlord and Tenant, Tenant shall be responsible for the expense of any alterations, changes or improvements to the Premises which may be necessary in order for the Premises and Tenant’s use thereof to be in compliance with the Americans with Disabilities Act of 1990 and its state and local counterparts or equivalents (collectively, the “Disabilities Act”) during the term of this Lease, Tenant is but Landlord shall be responsible for such compliance as of the commencement of the term. 12.3. Subject to reimbursement in accordance with Section 6, Landlord will make all redecorating, remodeling, alteration and painting required by Tenant during the Term. Tenant covenants and agrees not other repairs to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project, its heating, air conditioning and electrical systems, and the Building common areas, including parking areas. Tenant shall promptly notify Landlord of the need for repair. 12.4. All repairs and alterations by Tenant must be approved by Landlord prior to commencement thereof. There shall be no reduction in Rent nor shall there by any liability on the part of Landlord by reason of inconvenience, annoyance or the Premises with respect injury to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises under this Article 7 or otherwise, and, in case of any such lien attaching or notice of any lien, Tenant covenants and agrees to cause it to be immediately released and removed of record or business arising from Landlord, at its sole optionTenant, may immediately take all action necessary or others making or failing to release and remove such lien, and Tenant shall, upon demand, immediately reimburse Landlord for all costs and expenses relating thereto incurred by Landlord. 7.3 Tenant may not make any improvementsrepairs, alterations, additions or changes improvements to any portion of the Project. 12.5. Tenant shall not make any renovations, alterations, additions or improvements to the Premises (collectively, the “Alterations”) without first procuring the Landlord’s prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than thirty (30) days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlordconsent. Landlord may condition its consent on, among other things, its receipt and review of complete All plans and specifications for such Alterationsrenovations, and the installation of additional risersalterations, feeders and other appropriate equipment as well as utility meters. The installation, maintenance, repair and replacement, as well as all charges in connection with all such meters and equipment additions or improvements shall be at Tenant’s sole cost and expense. 7.4 Except approved by Landlord prior to the extent Tenant requests and Landlord designates otherwise at the time Landlord approves such Alterations, all or any part of the Alterations, whether made with or without the consent of Landlord, shall, at the election of Landlord, either be removed by Tenant at Tenant’s sole expense before the expiration or earlier termination of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property of Landlord without disturbance or injury. If Landlord requires the removal of all or part commencement of any Alterations, Tenant, at its expense, shall immediately repair any damage to the Premises or the Building caused by such removalwork. If Tenant fails to remove the Alterations upon Landlord’s request, then Landlord may (but shall not be obligated to) remove them and the cost of removal and repair of any damage, together with all other damages which Landlord may suffer by reason of the failure of Tenant to remove such Alterations, shall be paid by Tenant to Landlord upon demand. Tenant shall not be entitled to any compensation from Landlord for any Alterations removed by Landlord or at Landlord’s direction. 7.5 Tenant shall construct such Alterations and perform all repairs and maintenance under this Lease (all contractors to be approved in writing in advance by Landlord or, at Landlord’s option, designated by Landlord; without limiting the generality of the foregoing, Tenant specifically acknowledges and agrees that Landlord may require any contractors to be union members and may withhold approval of such contractors in the event the use of the same would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project) in conformance with any and all Applicable Laws, including, without limitation, pursuant to a valid building permit issued by the applicable municipality, and in conformance with Landlord’s construction rules and regulations. Landlord’s consent to such Alterations or Landlord’s approval of the plans, specifications, specifications and working drawings for such Alterations will Tenant’s alterations shall create no responsibility or liability on the part of Landlord for the their completeness, designdesign sufficiency, sufficiency or compliance with any Applicable Laws (includinglaws, without limitationrules and regulations of governmental agencies or authorities, including but not limited to the Americans With with Disabilities Act of 1990Act, as may have been amended. Notwithstanding Landlord’s approval of any renovations, alterations, additions or may be amended, and the provisions of that Act applicable improvements to the Project or any part of it) with respect to Premises, all such Alterations. All work with respect to any Alterations must shall be done in a good and workmanlike manner and diligently prosecuted to completion to in conformity with all guidelines provided by Landlord and all laws, ordinances and regulations of all public authorities having jurisdiction, that materials of good quality shall be employed therein, that the end that structure of the Premises shall at all times not be a complete unit except during the period of work. In performing impaired thereby, that the work of any such Alterationsshall be carried out and completed in an orderly, clean and safe manner, and that, while the work is being performed, Tenant shall have maintain builder’s risk insurance coverage with Landlord as a named insured, which insurance coverage shall meet the criteria set forth in this Lease. After having obtained Landlord’s consent, Tenant agrees that it shall not proceed with any work performed in such manner as not to obstruct access to the Building or the Common Areas for any other tenant of the Buildinguntil (i) Tenant has obtained all required governmental approvals and permits, and as not to obstruct the business of (ii) Tenant has provided Landlord or other tenants in the Building, or interfere with the labor force working in the Building. Not less than fifteen (15) nor more than twenty (20) days prior to commencement of any Alterations, Tenant shall notify Landlord in writing of the work commencement date so that Landlord may post notices of nonresponsibility about the Premises. Upon completion of any Alterations, Tenant shall deliver to the Building management office a reproducible copy (in paper and/or electronic form, at Landlord’s election) of the “as built” drawings of the Alterations and shall file such drawings and record such notices at such times and in such manner as may be required by Landlord or under Applicable Law. Tenant shall not permit the use of any labor (including, without limitation, any contractors), material or equipment in the performance of any Alterations or of Tenant’s repairs or maintenance if such use wouldreasonable security, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project. If any violation or disturbance occurs, Tenant, upon demand form reasonably approved by Landlord, to protect Landlord against mechanics’ lien claims. In addition, Landlord shall immediately cause all labor, materials have the right to require performance and equipment causing such violation or disturbance to be removed from the Projectcompletion bonds. Tenant further agrees to protectprovide Landlord (i) written notice of the anticipated start date and actual start date of the work, defend, indemnify and hold Landlord harmless from and against any and all Claims in any way arising or resulting from or in connection with any such violation and/or disturbance. 7.6 The charges for work performed by (ii) a contractor selected by Landlord shall be deemed Rent under this Lease, payable upon billing therefor, either periodically during construction or upon the substantial completion complete set of such workhalf-size (15” X 21”) vellum as-built drawings (and/ or, at Landlord’s option. Upon completion of such work, Tenant shall deliver to Landlord evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services a computer disc or materials. Tenant shall pay to Landlord a percentage of other electronic file containing the cost of such work sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from information) prepared by Landlord’s involvement with such workdesignated architect, provided said architect charges at reasonably competitive prices. 7.7 In 12.6. All renovations, alterations, additions or improvements made by Tenant upon the event that Tenant makes any AlterationsPremises, Tenant agrees to carry “Builder’s All Risk” insurance in an amount approved by Landlord covering except for movable office furniture and movable trade fixtures installed at the construction expense of such AlterationsTenant, shall be and shall remain the property of Landlord, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 9 surrendered with the Premises at the expiration or termination of this Lease immediately upon completion thereofLease, without molestation or injury. In addition, Landlord maymay designate by written notice to Tenant, in its discretionthe alterations, additions, improvements and fixtures made by or for Tenant which Landlord shall have the right to require Tenant to obtain remove prior to, or at Landlord’s option within six (6) months after, the expiration or termination of this Lease. If Landlord exercises this option by the delivery of written notice thereof to Tenant, then the designated items shall be removed by Tenant and Tenant shall promptly repair any damage to the Premises and restore the Premises to the condition it was prior to the alteration, addition, improvement or fixture installation. 12.7. Tenant shall keep the Premises free of liens for work claimed to have been done for, or materials furnished to, Tenant and will hold Landlord harmless from any liens which may be placed on the Premises except those attributable to the acts of Landlord. In the event a construction or other lien shall be filed against the Project or Tenant’s interest as a result of any work undertaken by Tenant, or as a result of any repairs or alterations made by Tenant, or any other act of Tenant, Tenant shall, within ten (10) days after receiving notice of the lien, discharge the lien. In the event Tenant shall fail to discharge such lien, Landlord shall have the right, but not the obligation, to procure such discharge, and completion bond or some alternate form Tenant shall pay the cost of security satisfactory procuring such discharge to Landlord as Additional Rent upon the next Rent Day. 12.8. There shall be no reduction in an amount sufficient Rent nor shall there be any liability on the part of Landlord by reason of inconvenience, annoyance or injury to ensure business arising from Landlord, Tenant, or others making or failing to make any repairs, alterations, additions or improvements to any portion of the lien-free completion of such Alterations and naming Landlord a co-obligeeProject.

Appears in 1 contract

Samples: Lease (Ensemble Health Partners, Inc.)

Repairs, alterations. 7.1 Subject to reimbursement pursuant to Article 5SAMPLE (a) Landlord shall maintain, repair and/or replace, if necessary, in Landlord’s sole discretion the plumbing, heating, cooling, electrical systems, and subject to the provisions of Section 7.2 exterior walls and Articles 8, 10 and 14, Landlord agrees to keep in good condition the foundations, exterior walls, structural portions roof of the ProjectPremises. However, Tenant shall be obligated for the roofcosts of such repairs, replacements, and related services if the elevators need for such repairs, replacements, and related services results from the HVACnegligence or misuse by Tenant, mechanical, electrical and plumbing systems installed in the original construction other residents of the Building (excluding, however, any plumbing in the Premises or any above Building-standard heating, air conditioning or lighting equipment in the Premises, which shall be or Tenant’s sole responsibility), but Landlord shall not be liable or responsible for breakdowns or temporary interruptions in service where reasonable efforts are used to restore service, and provided that Landlord shall not be responsible for any repair or maintenance that is caused in whole or in part by the act or omission of Tenant or its 's agents, contractorsservants, employees, or guests; in invitees Tenant agrees to promptly notify Landlord of any condition which is the event obligation of such Owner to repair or maintenance caused by such act or omissionreplace. (b) Except as provided in (a) above, Tenant shall pay for such repair or maintenance upon demand from Landlord and agrees to protect, defend, indemnify and hold Landlord harmless from and against any and all actions, adjudications, awards, causes of action, claims, costs, damages, demands, expenses (including, without limitation, attorneys’ fees and costs and court costs), fees, fines, forfeitures, injuries, judgments, liabilities, liens, losses, obligations, orders, penalties, proceedings, stop notices and suits (collectively, “Claims”) in any way arising or resulting from or in connection therewith. Landlord shall have a reasonable time after written notice from Tenant to perform necessary repairs or maintenance. Tenant hereby waives and releases any right to make repairs at Landlord’s expense which may be provided under Applicable Law. 7.2 Subject to the provisions of Section 7.1 and Articles 8 and 14, Tenant shall keep and maintain the Premises in first class condition the same condition, order and repair as existed at the commencement of the Lease, including the end of the Term and return the Premises and all appliances, equipment, furniture, furnishings and other personal property clean and in good order and repair. Tenant is not responsible for ordinary wear and damage by the elements. If Tenant will be added rent. Tenant must not alter, decorate, change or add to the Premises. Any damage to the wallpaper, paint, walls, floors, carpeting, doors, windows, window treatments, light fixtures, appliances, or other improvements to the Premises, in excess of ordinary wear and tear, shall be promptly make all necessary repairs thereto repaired or replaced by Tenant, at Tenant’s 's sole cost and expense. Subject , so as to restore the Premises to the terms same condition as existed prior to the commencement of this Lease, Tenant is responsible for all redecorating, remodeling, alteration and painting required by Tenant during the Term. Tenant covenants and agrees not to suffer or permit any lien shall furnish electric light bulbs at Tenant's expense. If the Premsies is part of mechanics or materialmen or others to be placed against the Project, the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises under this Article 7 or otherwise, and, in case of any such lien attaching or notice of any liena multi-unit building, Tenant covenants and agrees shall also be liable to cause it to be immediately released and removed of record or Landlord, at its sole option, may immediately take all action necessary to release and remove such lien, and Tenant shall, upon demand, immediately reimburse Landlord for all costs and expenses relating thereto incurred by Landlord. 7.3 Tenant may not make any improvements, alterations, additions or changes to the Premises (collectively, the “Alterations”) without first procuring the written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than thirty (30) days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord. Landlord may condition its consent on, among other things, its receipt and review of complete plans and specifications for such Alterations, and the installation of additional risers, feeders and other appropriate equipment as well as utility meters. The installation, maintenance, repair and replacement, as well as all charges in connection with all such meters and equipment shall be at Tenant’s sole cost and expense. 7.4 Except to the extent Tenant requests and Landlord designates otherwise at the time Landlord approves such Alterations, all or any part of the Alterations, whether made with or without the consent of Landlord, shall, at the election of Landlord, either be removed by Tenant at Tenant’s sole expense before the expiration or earlier termination of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property of Landlord without disturbance or injury. If Landlord requires the removal of all or part of any Alterations, Tenant, at its expense, shall immediately repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove the Alterations upon Landlord’s request, then Landlord may (but shall not be obligated to) remove them and the cost of removal and repair of any damage, together with all other damages which Landlord may suffer by reason repairs or replacements to the building if the need for such repairs or replacements results from the negligence or misuse of the failure of Tenant to remove such Alterations, shall be paid building by Tenant to Landlord upon demand. Tenant shall not be entitled to any compensation from Landlord for any Alterations removed by Landlord or at Landlord’s direction. 7.5 Tenant shall construct such Alterations and perform all repairs and maintenance under this Lease (all contractors to be approved in writing in advance by Landlord or, at Landlord’s option, designated by Landlord; without limiting the generality of the foregoing, Tenant specifically acknowledges and agrees that Landlord may require any contractors to be union members and may withhold approval of such contractors in the event the use of the same would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project) in conformance with any and all Applicable Laws, including, without limitation, pursuant to a valid building permit issued by the applicable municipality, and in conformance with Landlord’s construction rules and regulations. Landlord’s consent to such Alterations or Landlord’s approval of the plans, specifications, and working drawings for such Alterations will create no responsibility or liability on the part of Landlord for the completeness, design, sufficiency or compliance with any Applicable Laws (including, without limitation, the Americans With Disabilities Act of 1990, as may have been or may be amended, and the provisions of that Act applicable to the Project or any part of it) with respect to such Alterations. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or the Common Areas for any other tenant of the Building, and as not to obstruct the business of Landlord or other tenants in the BuildingTenant, or interfere with the labor force working in the Building. Not less than fifteen (15) nor more than twenty (20) days prior to commencement of any AlterationsTenant's agents, Tenant shall notify Landlord in writing of the work commencement date so that Landlord may post notices of nonresponsibility about the Premises. Upon completion of any Alterationsservants, Tenant shall deliver to the Building management office a reproducible copy (in paper and/or electronic formemployees, at Landlord’s election) of the “as built” drawings of the Alterations and shall file such drawings and record such notices at such times and in such manner as may be required by Landlord or under Applicable Law. Tenant shall not permit the use of any labor (including, without limitation, any contractors), material or equipment in the performance of any Alterations or of Tenant’s repairs or maintenance if such use would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project. If any violation or disturbance occurs, Tenant, upon demand by Landlord, shall immediately cause all labor, materials and equipment causing such violation or disturbance to be removed from the Project. Tenant agrees to protect, defend, indemnify and hold Landlord harmless from and against any and all Claims in any way arising or resulting from or in connection with any such violation and/or disturbanceinvitees. 7.6 The charges for work performed by a contractor selected by Landlord shall be deemed Rent under this Lease, payable upon billing therefor, either periodically during construction or upon the substantial completion of such work, at Landlord’s option. Upon completion of such work, Tenant shall deliver to Landlord evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall pay to Landlord a percentage of the cost of such work sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. 7.7 In the event that Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 9 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord a co-obligee.

Appears in 1 contract

Samples: Lease Agreement

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Repairs, alterations. 7.1 Subject to reimbursement pursuant to Article 5Section 5.4, and subject to the provisions of Section 7.2 7.2, and Articles 8, 10 8 and 14, Landlord agrees to keep in good first class condition the foundations, exterior walls, roof and other structural portions of the ProjectProject (the “Building Structure”), (b) the rooflife safety, the sprinkler, elevators and the HVAC, mechanical, electrical and plumbing systems installed in the original construction of the Building (the “Building Systems”), (excluding, however, any plumbing in the Premises or any above Building-standard heating, air conditioning or lighting equipment installed by Tenant in the Premises, which repair shall be Tenant’s sole responsibility)) and (c) the restrooms serving the floor of the Building on which the Premises are located, but but, subject to Article 44 below, Landlord shall not be liable or responsible for breakdowns or temporary interruptions in service where reasonable efforts are used to restore service, and and, subject to Section 9.8 below, provided that Landlord shall not be responsible for any repair or maintenance that which is caused in whole or in part by the negligent act or omission or willful misconduct of Tenant or its agents, contractors, employees; and, or guests; subject to Section 9.8 below, in the event such repair or maintenance is caused by the negligent act or omission or willful misconduct of Tenant, Tenant shall reimburse Landlord for its Actual Costs (defined below) of such repair or maintenance caused by such act or omission, Tenant shall pay for such repair or maintenance upon within ten (10) business days of demand from Landlord Landlord, together with reasonable supporting documentation therefor, and agrees to protectshall indemnify, defend, indemnify protect and hold harmless Landlord harmless from and against any and all actionsloss, adjudications, awards, causes of action, claims, costs, damages, demands, expenses (including, without limitation, attorneys’ fees and costs and court costs), fees, fines, forfeitures, injuries, judgments, liabilities, liens, losses, obligations, orders, penalties, proceedings, stop notices and suits (collectively, “Claims”) in any way arising cost or resulting from or liability in connection therewith. Landlord shall have a reasonable time after written notice from Tenant to perform necessary repairs or maintenance. Tenant hereby waives and releases any its right to make repairs at Landlord’s expense which may be provided under Applicable Law. 7.2 Subject to the provisions of Section 7.1 Sections 1941 and Articles 8 and 14, Tenant shall keep and maintain the Premises in first class condition and repair, and shall promptly make all necessary repairs thereto at Tenant’s sole cost and expense. Subject to the terms of this Lease, Tenant is responsible for all redecorating, remodeling, alteration and painting required by Tenant during the Term. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project, the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises under this Article 7 or otherwise, and, in case of any such lien attaching or notice of any lien, Tenant covenants and agrees to cause it to be immediately released and removed of record or Landlord, at its sole option, may immediately take all action necessary to release and remove such lien, and Tenant shall, upon demand, immediately reimburse Landlord for all costs and expenses relating thereto incurred by Landlord. 7.3 Tenant may not make any improvements, alterations, additions or changes to the Premises (collectively, the “Alterations”) without first procuring the written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than thirty (30) days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord. Landlord may condition its consent on, among other things, its receipt and review of complete plans and specifications for such Alterations, and the installation of additional risers, feeders and other appropriate equipment as well as utility meters. The installation, maintenance, repair and replacement, as well as all charges in connection with all such meters and equipment shall be at Tenant’s sole cost and expense. 7.4 Except to the extent Tenant requests and Landlord designates otherwise at the time Landlord approves such Alterations, all or any part 1942 of the AlterationsCalifornia Civil Code or under any similar law, whether made with or without the consent of Landlord, shall, at the election of Landlord, either be removed by Tenant at Tenant’s sole expense before the expiration or earlier termination of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property of Landlord without disturbance or injury. If Landlord requires the removal of all or part of any Alterations, Tenant, at its expense, shall immediately repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove the Alterations upon Landlord’s request, then Landlord may (but shall not be obligated to) remove them and the cost of removal and repair of any damage, together with all other damages which Landlord may suffer by reason of the failure of Tenant to remove such Alterations, shall be paid by Tenant to Landlord upon demand. Tenant shall not be entitled to any compensation from Landlord for any Alterations removed by Landlord or at Landlord’s direction. 7.5 Tenant shall construct such Alterations and perform all repairs and maintenance under this Lease (all contractors to be approved in writing in advance by Landlord or, at Landlord’s option, designated by Landlord; without limiting the generality of the foregoing, Tenant specifically acknowledges and agrees that Landlord may require any contractors to be union members and may withhold approval of such contractors in the event the use of the same would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project) in conformance with any and all Applicable Laws, including, without limitation, pursuant to a valid building permit issued by the applicable municipality, and in conformance with Landlord’s construction rules and regulations. Landlord’s consent to such Alterations or Landlord’s approval of the plans, specifications, and working drawings for such Alterations will create no responsibility or liability on the part of Landlord for the completeness, design, sufficiency or compliance with any Applicable Laws (including, without limitation, the Americans With Disabilities Act of 1990, as may have been or may be amended, and the provisions of that Act applicable to the Project or any part of it) with respect to such Alterations. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or the Common Areas for any other tenant of the Building, and as not to obstruct the business of Landlord or other tenants in the Buildingstatute, or interfere with the labor force working ordinance now or hereafter in the Buildingeffect. Not less than fifteen (15) nor more than twenty (20) days prior As used herein. “Actual Costs” shall mean incremental, out-of-pocket costs paid to commencement of third parties without any Alterationsmarkup for profit, Tenant shall notify Landlord in writing of the work commencement date so that Landlord may post notices of nonresponsibility about the Premises. Upon completion of any Alterations, Tenant shall deliver to the Building management office a reproducible copy (in paper and/or electronic form, at Landlord’s election) of the “as built” drawings of the Alterations and shall file such drawings and record such notices at such times and in such manner as may be required by Landlord overhead or under Applicable Law. Tenant shall not permit the use of any labor (including, without limitation, any contractors), material or equipment in the performance of any Alterations or of Tenant’s repairs or maintenance if such use would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project. If any violation or disturbance occurs, Tenant, upon demand by Landlord, shall immediately cause all labor, materials and equipment causing such violation or disturbance to be removed from the Project. Tenant agrees to protect, defend, indemnify and hold Landlord harmless from and against any and all Claims in any way arising or resulting from or in connection with any such violation and/or disturbancedepreciation. 7.6 The charges for work performed by a contractor selected by Landlord shall be deemed Rent under this Lease, payable upon billing therefor, either periodically during construction or upon the substantial completion of such work, at Landlord’s option. Upon completion of such work, Tenant shall deliver to Landlord evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall pay to Landlord a percentage of the cost of such work sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. 7.7 In the event that Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 9 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord a co-obligee.

Appears in 1 contract

Samples: Office Lease (Abraxis BioScience, Inc.)

Repairs, alterations. 7.1 Subject to reimbursement pursuant to Article 5Section 5.4, and subject to the provisions of Section 7.2 7.2, and Articles 8, 10 8 and 14, Landlord agrees to keep in good condition the foundations, exterior walls, structural portions of the Project, the roof, the elevators and the HVAC, mechanical, electrical and plumbing systems installed in the original construction of the Building Building, (excluding, however, any plumbing in the Premises or any above Building-standard heating, air conditioning or lighting equipment in the Premises, which repair shall be Tenant’s 's sole responsibility)) but, but except as set forth in Section 17.4 below, Landlord shall not be liable or responsible for breakdowns or temporary interruptions in service where reasonable efforts are used to restore service, and provided that Landlord shall not be responsible for any repair or maintenance that which is caused in whole or in part by the act or omission of Tenant or its agents, contractors, employees, or guests; in the event of such repair or maintenance caused by such the act or omissionomission of Tenant, Tenant shall pay for such repair or maintenance upon demand from Landlord and agrees to protectshall indemnify, defend, indemnify protect and hold harmless Landlord harmless from and against any and all actionsloss, adjudications, awards, causes of action, claims, costs, damages, demands, expenses (including, without limitation, attorneys’ fees and costs and court costs), fees, fines, forfeitures, injuries, judgments, liabilities, liens, losses, obligations, orders, penalties, proceedings, stop notices and suits (collectively, “Claims”) in any way arising cost or resulting from or liability in connection therewith. Landlord shall have a reasonable time at least thirty (30) days after written notice from Tenant to perform necessary repairs or maintenance, provided to the extent any such repairs cannot be reasonably made in such period, Landlord shall not be in default hereunder so long as Landlord commences such repair within such thirty (30) day period and diligently pursues the same to completion. Tenant hereby waives and releases any its right to make repairs at Landlord’s 's expense which may be provided under Applicable LawSections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. 7.2 Subject to the provisions of Section 7.1 7.1, and Articles 8 and 14, Tenant shall keep and maintain the Premises in first class condition and repair, and shall promptly make all necessary repairs thereto at Tenant’s 's sole cost and expense. Subject to the terms of this Lease, Tenant is responsible for all redecorating, remodeling, alteration and painting required by Tenant during the Term. , except to the extent otherwise expressly set forth in Exhibit B. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project, the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises under this Article 7 or otherwise, and, in case of any such lien attaching or notice of any lien, Tenant covenants and agrees to cause it to be immediately released and removed of record or Landlord, at its sole option, may immediately take all action necessary to release and remove such lien, and Tenant shall, upon demand, immediately reimburse Landlord for all costs and expenses relating thereto incurred by Landlord. 7.3 Tenant may not make any improvements, alterations, additions or changes to the Premises (collectively, the "Alterations") without first procuring the written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than thirty (30) days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord. Landlord may condition its consent on, among other things, its receipt and review of complete plans and specifications for such Alterations, and the installation of additional risers, feeders and other appropriate equipment as well as utility meters. The installation, maintenance, repair and replacement, as well as all charges in connection with all such meters and equipment shall be at Tenant’s 's sole cost and expense. The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter, attached hereto as Exhibit B, and not the terms of this Article 7. 7.4 Except to To the extent Tenant requests and Landlord designates otherwise at the time Landlord approves such Alterations, all or any part of the Alterations, whether made with or without the consent of Landlord, shall, at the election of Landlord, either be removed by Tenant at Tenant’s sole its expense before the expiration or earlier termination of the Term or shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property of Landlord without disturbance or injury. If Landlord Landlord, at the time of Landlord's consent, requires the removal of all or part of any Alterations, Tenant, at its expense, shall immediately remove such Alterations and shall repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove the Alterations upon Landlord’s requestif required to do so as provided above, then Landlord may (but shall not be obligated to) remove them and the cost of removal and repair of any damage, damage together with all other damages which Landlord may suffer by reason of the failure of Tenant to remove such Alterations, shall be paid by Tenant to Landlord upon demand. Tenant shall not be entitled to any compensation from Landlord for any Alterations removed by Landlord or at Landlord’s 's direction. 7.5 Tenant shall construct all such Alterations and perform any and all repairs and maintenance and/or remediation required under this Lease (all contractors to be approved in writing in advance by Landlord or, at Landlord’s option, designated by Landlord; without limiting the generality of the foregoing, Tenant specifically acknowledges and agrees that Landlord may require any contractors to be union members and may withhold approval of such contractors in the event the use of the same would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project) in conformance with any and all Applicable Lawsapplicable rules and regulations of any federal, includingstate, without limitationcounty or municipal code or ordinance or any agency guidelines, and pursuant to a valid building permit permit, issued by the applicable municipality, and in conformance with Landlord’s 's construction rules and regulations. If such Alterations or repairs will involve the use of, reveal, or disturb Hazardous Materials (as that term is defined in Section 41.1 of this Lease) existing in the Premises, Tenant shall comply with Landlord’s 's rules and regulations concerning such Hazardous Materials. Landlord's consent to such Alterations or Landlord’s 's approval of the plans, specifications, and working drawings for such Alterations will create no responsibility or liability on the part of Landlord for the completeness, design, sufficiency or compliance with any Applicable Laws all laws, rules and regulations of governmental agencies or authorities (including, including without limitation, limitation the Americans With Disabilities Act of 1990, as may have been or may be amended, 1990 and the provisions of that Act applicable to the Project or any part of it) with respect to such Alterations. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or the Common Areas for any other tenant of the Building, and as not to obstruct the business of Landlord or other tenants in the Building, or interfere with the labor force working in the Building. Not less than fifteen (15) nor more than twenty (20) days prior to commencement of any Alterations, Tenant shall notify Landlord in writing of the work commencement date so that Landlord may post notices of nonresponsibility about the Premises. Upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of Los Angeles in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, and Tenant shall deliver to the Building management office a reproducible copy (in paper and/or electronic form, at Landlord’s election) of the "as built" drawings of the Alterations and shall file such drawings and record such notices at such times and in such manner as may be required by Landlord or under Applicable Law. Tenant shall not permit the use of any labor (including, without limitation, any contractors), material or equipment in the performance of any Alterations or of Tenant’s repairs or maintenance if such use would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project. If any violation or disturbance occurs, Tenant, upon demand by Landlord, shall immediately cause all labor, materials and equipment causing such violation or disturbance to be removed from the Project. Tenant agrees to protect, defend, indemnify and hold Landlord harmless from and against any and all Claims in any way arising or resulting from or in connection with any such violation and/or disturbanceAlterations. 7.6 The charges for work requested by Tenant and performed by a contractor selected by Landlord shall be deemed Rent under this Lease, payable upon billing therefor, either periodically during construction or upon the substantial completion of such work, at Landlord’s 's option. Upon completion of such work, Tenant shall deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall pay to Landlord a percentage of the cost of such work sufficient to compensate Landlord for all reasonable overhead, general conditions, directly attributable fees and other reasonable costs and expenses arising from Landlord’s 's involvement with such work. 7.7 In the event that Tenant makes any Alterations, Tenant agrees to carry "Builder’s 's All Risk" insurance in an a reasonable amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 9 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord a co-obligee.

Appears in 1 contract

Samples: Office Lease (Universal Detection Technology)

Repairs, alterations. 7.1 Subject to reimbursement pursuant to Article 5Section 5.4, and subject to the provisions of Section 7.2 7.2, and Articles 8, 10 8 and 14, Landlord agrees to keep in good condition the foundations, exterior walls, structural portions of the Project, the roof, the elevators and the HVAC, mechanical, electrical and plumbing systems installed in the original construction of the Building Building, (excluding, however, any plumbing in the Premises or any above Building-standard heating, air conditioning or lighting equipment in the PremisesPremises requested by Tenant or required by Tenant’s Alterations, the Tenant Improvements or Tenant’s particular use of the Premises for other than non-general office use, which repair shall be Tenant’s sole responsibility), ) but Landlord shall not be liable or responsible for breakdowns or temporary interruptions in service where reasonable efforts are used to restore service, and provided that Landlord shall not be responsible for any repair or maintenance that which is caused in whole or in part by the act negligence or omission wilful misconduct of Tenant or its agents, contractors, employees, or guests; in the event of such repair or maintenance caused by such act the negligence or omissionwillful misconduct of Tenant, Tenant shall pay for such repair or maintenance upon demand from Landlord and agrees to protectshall indemnify, defend, indemnify protect and hold harmless Landlord harmless from and against any and all actionsloss, adjudications, awards, causes of action, claims, costs, damages, demands, expenses (including, without limitation, attorneys’ fees and costs and court costs), fees, fines, forfeitures, injuries, judgments, liabilities, liens, losses, obligations, orders, penalties, proceedings, stop notices and suits (collectively, “Claims”) in any way arising cost or resulting from or liability in connection therewith. Landlord shall have a reasonable time after written notice from Tenant to perform necessary repairs or maintenance. Tenant hereby waives and releases any its right to make repairs at Landlord’s expense which may be provided under Applicable LawSections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. 7.2 Subject to the provisions of Section 7.1 7.1, and Articles 8 and 14, Tenant shall keep and maintain the Premises in first class condition and repair, and shall promptly make all necessary repairs thereto at Tenant’s sole cost and expense. Subject Except as provided in the Tenant Work Letter attached hereto as Exhibit B with respect to construction of the terms of this Leaseinitial improvements in the Premises, Tenant is responsible for all redecorating, remodeling, alteration and painting required by Tenant during the Term. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen or others to be placed against the Project, the Building or the Premises with respect to work or services claimed to have been performed for or materials claimed to have been furnished to Tenant or the Premises under this Article 7 or otherwise, and, in case of any such lien attaching or notice of any lien, Tenant covenants and agrees to cause it to be immediately released and removed of record or Landlord, at its sole option, may immediately take all action necessary to release and remove such lien, and Tenant shall, upon demand, immediately reimburse Landlord for all costs and expenses relating thereto incurred by Landlord. 7.3 Tenant may not make any improvements, alterations, additions or changes to the Premises (collectively, the “Alterations”) without first procuring the written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than thirty (30) days prior to the commencement thereof, and which consent shall not be unreasonably withheld by Landlord. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following ten (10) business days notice to Landlord, but without Landlord’s prior consent, to the extent that (i) the cost of such Alterations do not exceed, in the aggregate, Five Thousand and No/100 Dollars ($5,000.00) per year, and (ii) such Alterations do not adversely affect the systems and equipment of the Building, the exterior appearance of the Building or the structural aspects of the Building. Landlord may condition its consent on, among other things, its receipt and review of complete plans and specifications for such Alterations, and the installation of additional risers, feeders and other appropriate equipment as well as utility meters. The installation, maintenance, repair and replacement, as well as all charges in connection with all such meters and equipment shall be at Tenant’s sole cost and expense. The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter, and not the terms of this Article 7. 7.4 Except to the extent Tenant requests and Provided Landlord so designates otherwise at the time Landlord approves such Alterations, all or any part of the any Alterations, whether made with or without the consent of Landlord, shall, at the election of Landlord, either be removed by Tenant at Tenant’s sole its expense before the expiration or earlier termination of the Term or and any Alterations made without Landlord’s consent shall be removed by Tenant at its expense before the expiration of the Term. All other Alterations shall remain upon the Premises and be surrendered therewith at the Expiration Date or earlier termination of this Lease as the property of Landlord without disturbance or injury. If Landlord requires the removal of all or part of any Alterations, are required to be removed by Tenant in accordance with the terms of this Section 7.4, Tenant, at its expense, shall immediately repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove the Alterations upon Landlord’s request, then Landlord may (but shall not be obligated to) remove them and the cost of removal and repair of any damage, damage together with all other damages which Landlord may suffer by reason of the failure of Tenant to remove such Alterations, shall be paid by Tenant to Landlord upon demand. Tenant shall not be entitled to any compensation from Landlord for any Alterations removed by Landlord or at Landlord’s direction. 7.5 Tenant shall construct such Alterations and perform all such repairs and maintenance under this Lease (all contractors to be approved in writing in advance by Landlord or, at Landlord’s option, designated by Landlord; without limiting the generality of the foregoing, Tenant specifically acknowledges and agrees that Landlord may require any contractors to be union members and may withhold approval of such contractors in the event the use of the same would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project) in conformance with any and all Applicable Lawsapplicable rules and regulations of any federal, includingstate, without limitation, county or municipal code or ordinance and pursuant to a valid building permit permit, issued by the applicable municipality, and in conformance with Landlord’s construction rules and regulations. Landlord’s consent to such Alterations or Landlord’s approval of the plans, specifications, and working drawings for such Alterations will create no responsibility or liability on the part of Landlord for the completeness, design, sufficiency or compliance with any Applicable Laws all laws, rules and regulations of governmental agencies or authorities (including, including without limitation, limitation the Americans With Disabilities Act of 1990, as may have been or may be amended, 1990 and the provisions of that Act applicable to the Project or any part of it) with respect to such Alterations. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner as not to obstruct access to the Building or the Common Areas for any other tenant of the Building, and as not to obstruct the business of Landlord or other tenants in the Building, or interfere with the labor force working in the Building. Not less than fifteen (15) nor more than twenty (20) days prior to commencement of any Alterations, Tenant shall notify Landlord in writing of the work commencement date so that Landlord may post notices of nonresponsibility about the Premises. Upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of Los Angeles in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, and Tenant shall deliver to the Building management office a reproducible copy (in paper and/or electronic form, at Landlord’s election) of the “as built” drawings of the Alterations and shall file such drawings and record such notices at such times and in such manner as may be required by Landlord or under Applicable Law. Tenant shall not permit the use of any labor (including, without limitation, any contractors), material or equipment in the performance of any Alterations or of Tenant’s repairs or maintenance if such use would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project. If any violation or disturbance occurs, Tenant, upon demand by Landlord, shall immediately cause all labor, materials and equipment causing such violation or disturbance to be removed from the Project. Tenant agrees to protect, defend, indemnify and hold Landlord harmless from and against any and all Claims in any way arising or resulting from or in connection with any such violation and/or disturbanceAlterations. 7.6 The charges for work performed by a contractor selected by Landlord shall be deemed Rent under this Lease, payable upon billing therefor, either periodically during construction or upon the substantial completion of such work, at Landlord’s option. Upon completion of such work, Tenant shall deliver to Landlord evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall pay to Landlord a percentage four percent (4%) of the cost of such work sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. 7.7 In the event that Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 9 of this Lease immediately upon completion thereof. In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord a co-obligee.

Appears in 1 contract

Samples: Office Lease (Pacific Mercantile Bancorp)

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