Common use of Sprinklers Clause in Contracts

Sprinklers. In the event that Tenant performs any Alterations in the Demised Premises, Tenant, as part of such Alterations, shall be required to (x) install a sprinkler system in the Demised Premises to the extent not theretofor installed and (y) make all modifications to any existing sprinkler system necessary in connection with such Alterations, and in connection with the foregoing the following provisions of this Section shall apply: (i) such sprinkler system and/or modifications thereto shall comply with all applicable laws, orders, rules and regulations; (ii) the supplying and installing of any such sprinkler system and/or modifications thereto shall be made in accordance with the provisions of this Lease, including but not limited to the provisions of this Article and Article 6 and the type, brand, location and manner of installation of such sprinkler system and/or modifications thereto shall be subject to Owner's prior approval; and (iii) Tenant shall make all repairs and replacements, as and when necessary, to such sprinkler system including any modifications thereto and any replacements thereof. Notwithstanding the aforesaid provisions of this Section, Owner shall have the election of supplying and installing such sprinkler system and/or modifications thereto either by itself or by its agents or contractors, in which event all costs and expenses incurred by Owner in connection with supplying and installing such sprinkler system and/or modifications thereto and any repairs or replacements of such sprinkler system as the same may be modified and any replacements thereof made by Owner, at Owner's election, shall be paid by Tenant to Owner within ten (10) days next following the rendition of a statement thereof by Owner to Tenant. In addition to paying all costs and expenses in connection with the supplying, installing and modifying of such sprinkler system, Tenant shall pay to Owner, for each floor of the Building on which any portion of the Demised Premises is located, a fee equal to Tenant's pro rata share of all of the costs and expenses incurred by Owner, if any, in supplying and installing a "common sprinkler header" on such floor which pro rata share shall be a fraction in which the numerator shall be the number of rentable square feet of that portion of the Demised Premises located on such floor and the denominator shall be the number of rentable square feet on such floor, provided however, that notwithstanding anything contained in this Section to the contrary, Owner shall have no obligation to install such "common sprinkler header" on any floor of the Building which shall be entirely demised to Tenant. Such fee shall be payable to Owner within ten (10) days next following the rendition of a statement thereof by Owner to Tenant. Notwithstanding anything contained in this Lease to the contrary, such sprinkler system, or any replacement thereof and any modifications and/or installations in connection therewith, whether made by Tenant or Owner, shall upon expiration or sooner termination of the Demised Term be deemed the property of Owner. Notwithstanding anything contained in this Section 3.05 to the contrary, Owner has advised Tenant that the Demised Premises initially leased on the Commencement Date shall contain a sprinkler system which shall comply with all Legal Requirements in effect as of the date hereof.

Sprinklers. A. In the event that Tenant performs any Alterations in the Demised Premises, Tenant, as part of such Alterations, shall be required to (x) install a sprinkler system in the Demised Premises to the extent not theretofor installed and (y) make all modifications to any existing sprinkler system necessary in connection with such Alterations, and in connection with the foregoing the following provisions of this Section shall apply: (i) such sprinkler system and/or modifications thereto shall comply with all applicable laws, orders, rules and regulations; (ii) the supplying and installing of any such sprinkler system and/or modifications thereto shall be made in accordance with the provisions of this Lease, including but not limited to the provisions of this Article and Article 6 and the type, brand, location and manner of installation of such sprinkler system and/or modifications thereto shall be subject to Owner's prior approval; and (iii) Tenant shall make all repairs and replacements, as and when necessary, to such sprinkler system including any modifications thereto and any replacements thereof. Notwithstanding the aforesaid provisions of this Section, Owner shall have the election of supplying and installing such sprinkler system and/or modifications thereto either by itself or by its agents or contractors, in which event all costs and expenses incurred by Owner in connection with supplying and installing such sprinkler system and/or modifications thereto and any repairs or replacements of such sprinkler system as the same may be modified and any replacements thereof made by Owner, at Owner's election, shall be paid by Tenant to Owner within ten (10) days next following the rendition of a statement thereof by Owner to Tenant. In addition to paying all costs and expenses in connection with the supplying, installing and modifying of such sprinkler system, Tenant shall pay to Owner, for each floor of the Building on which any portion of the Demised Premises is located, a fee equal to Tenant's pro rata share of all of the costs and expenses incurred by Owner, if any, in supplying and installing a "common sprinkler header" on such floor which pro rata share shall be a fraction in which the numerator shall be the number of rentable square feet of that portion of the Demised Premises located on such floor and the denominator shall be the number of rentable square feet on such floor, provided however, that notwithstanding anything contained in this Section to the contrary, Owner shall have no obligation to install such "common sprinkler header" on any floor of the Building which shall be entirely demised to Tenant. Such fee shall be payable to Owner within ten (10) days next following the rendition of a statement thereof by Owner to Tenant. Notwithstanding anything contained in this Lease to the contrary, such sprinkler system, or any replacement thereof and any modifications and/or installations in connection therewith, whether made by Tenant or Owner, shall upon expiration or sooner termination of the Demised Term be deemed the property of Owner. Notwithstanding anything contained in this Section 3.05 to the contrary, Owner has advised Tenant that the Demised Premises initially leased on the Commencement Date shall contain a sprinkler system which shall comply with all Legal Requirements in effect as of the date hereof.

Sprinklers. In the event that Tenant performs any ---------- Alterations in the Demised Premises, Tenant, as part of such Alterations, shall be required to (x) install a make all modifications to the existing sprinkler system in the Demised Premises to the extent not theretofor installed and (y) make all modifications to any existing sprinkler system necessary in connection with such Alterations, and in connection with the foregoing therewith the following provisions of this Section shall apply: (i) any such modifications to the sprinkler system and/or modifications thereto shall comply with all applicable laws, orders, rules and regulations; (ii) the supplying and installing of any such modifications to the sprinkler system and/or modifications thereto shall be made in accordance with the provisions of this Lease, including but not limited to the provisions of this Article and Article 6 and the type, brand, location and manner of installation of such modifications to the sprinkler system and/or modifications thereto shall be subject to Owner's prior approval; and (iii) Tenant shall make all repairs and replacements, as and when necessary, to such modifications to the sprinkler system including any modifications thereto and any replacements thereof. Notwithstanding the aforesaid provisions of this Section, Owner shall have the election of supplying and installing the modifications to such sprinkler system and/or modifications thereto either by itself or by its agents or contractors, in which event all reasonable out-of-pocket costs and expenses incurred by Owner in connection with supplying and installing the modifications to such sprinkler system and/or modifications thereto and any repairs or replacements of the modifications to such sprinkler system as the same may be modified and any replacements thereof made by Owner, at Owner's election, shall be paid by Tenant to Owner within ten thirty (10) days next following the rendition of a statement thereof by Owner to Tenant. In addition to paying all costs and expenses in connection with the supplying, installing and modifying of such sprinkler system, Tenant shall pay to Owner, for each floor of the Building on which any portion of the Demised Premises is located, a fee equal to Tenant's pro rata share of all of the costs and expenses incurred by Owner, if any, in supplying and installing a "common sprinkler header" on such floor which pro rata share shall be a fraction in which the numerator shall be the number of rentable square feet of that portion of the Demised Premises located on such floor and the denominator shall be the number of rentable square feet on such floor, provided however, that notwithstanding anything contained in this Section to the contrary, Owner shall have no obligation to install such "common sprinkler header" on any floor of the Building which shall be entirely demised to Tenant. Such fee shall be payable to Owner within ten (1030) days next following the rendition of a statement thereof by Owner to Tenant. Notwithstanding anything contained in this Lease to the contrary, such sprinkler system, or any modifications to and replacement thereof and any modifications and/or installations installments in connection therewith, whether made by Tenant or Owner, shall upon expiration or sooner termination of the Demised Term be deemed the property of Owner. Notwithstanding anything contained in this Section 3.05 to the contrary, Owner has advised Tenant that the Demised Premises initially leased on the Commencement Date shall contain a sprinkler system which shall comply with all Legal Requirements in effect as of the date hereof.

Sprinklers. In X.Xx the event that Tenant performs any Alterations in the Demised Premises, Tenant, as part of such Alterations, shall be required to (x) install a sprinkler distribution system in the Demised Premises to the extent not theretofor installed installed, which system shall connect to the Building’s Sprinkler Standpipe (as defined herein), and (y) make all modifications to any existing sprinkler distribution system serving the Demised Premises up to the point of connection to the Building’s Sprinkler Standpipe, which modifications are necessary in connection with such Alterations, and in connection with the foregoing the following provisions of this Section shall apply: (i) such sprinkler distribution system and/or modifications thereto shall comply with all applicable laws, orders, rules and regulations; (ii) the supplying and installing of any such sprinkler distribution system and/or modifications thereto shall be made in accordance with the provisions of this Lease, including but not limited to the provisions of this Article and Article 6 and the type, brand, location and manner of installation of such sprinkler distribution system and/or modifications thereto shall be subject to Owner's ’s prior approval; and (iii) Tenant shall make all repairs and replacements, as and when necessary, to such sprinkler distribution system including any modifications thereto and any replacements thereof. Notwithstanding the aforesaid provisions of this Section, Owner shall have the election of supplying and installing such sprinkler distribution system and/or modifications thereto either by itself or by its agents or contractors, in which event all reasonable, out-of-pocket costs and expenses incurred by Owner in connection with supplying and installing such sprinkler distribution system and/or modifications thereto and any repairs or replacements of such sprinkler distribution system as the same may be modified and any replacements thereof made by Owner, at Owner's ’s election, shall be paid by Tenant to Owner within ten thirty (10) days next following the rendition of a statement thereof by Owner to Tenant. In addition to paying all costs and expenses in connection with the supplying, installing and modifying of such sprinkler system, Tenant shall pay to Owner, for each floor of the Building on which any portion of the Demised Premises is located, a fee equal to Tenant's pro rata share of all of the costs and expenses incurred by Owner, if any, in supplying and installing a "common sprinkler header" on such floor which pro rata share shall be a fraction in which the numerator shall be the number of rentable square feet of that portion of the Demised Premises located on such floor and the denominator shall be the number of rentable square feet on such floor, provided however, that notwithstanding anything contained in this Section to the contrary, Owner shall have no obligation to install such "common sprinkler header" on any floor of the Building which shall be entirely demised to Tenant. Such fee shall be payable to Owner within ten (1030) days next following the rendition of a statement thereof by Owner to Tenant. Notwithstanding anything contained in this Lease to the contrary, such sprinkler system, or any replacement thereof and any modifications and/or installations in connection therewith, whether made by Tenant or Owner, shall upon expiration or sooner termination of the Demised Term be deemed the property of Owner. Notwithstanding anything contained in this Section 3.05 The term “Building’s Sprinkler Standpipe” shall mean the Building’s combination standpipe vertical sprinkler supply riser and control assembly and all such other sprinkler infrastructure to such vertical system required to comply with Legal Requirements, including but not limited to, fire pumps, valve connections, hose racks, inclusive of the contrary, Owner has advised Tenant that floor control valve and both a flow switch and a tamper switch with the inspector’s test connection on the floor of the Demised Premises initially leased on the Commencement Date shall contain and other fire suppression components necessary for a complete operable sprinkler system to which shall comply with all Legal Requirements in effect as of the date hereof.sprinkler distribution piping serving the Demised Premises will connect. 

Sprinklers. In the event that Tenant performs any Alterations in the Demised Premises, Tenant, as part of such Alterations, shall be required to (x) install a sprinkler system in the Demised Premises to the extent not theretofor installed and (y) make all modifications to any existing sprinkler system necessary in connection with such Alterations, and in connection with the foregoing therewith the following provisions of this Section shall apply: (i) such sprinkler system and/or modifications thereto shall comply with all applicable laws, orders, rules and regulations; (ii) the supplying and installing of any such sprinkler system and/or modifications thereto shall be made in accordance with the provisions of this Lease, including but not limited to the provisions of this Article and Article 6 and the type, brand, location and manner of installation of such sprinkler system and/or modifications thereto shall be subject to Owner's prior approval; and (iii) Tenant shall make all repairs and replacements, as and when necessary, to such sprinkler system including any modifications thereto and any replacements thereof. Notwithstanding the aforesaid provisions of this Section, Owner shall have the election of supplying and installing such sprinkler system and/or modifications thereto either by itself or by its agents or contractors, in which event all costs and expenses incurred by Owner in connection with supplying and installing such sprinkler system and/or modifications thereto and any repairs or replacements of such sprinkler system as the same may be modified and any replacements thereof made by Owner, at Owner's election, shall be paid by Tenant to Owner within ten (10) days next following the rendition of a statement thereof by Owner to Tenant. In addition to paying all costs and expenses in connection with the supplying, supplying and installing and modifying of such sprinkler system, Tenant shall pay to Owner, for each floor of the Building on which any portion of the Demised Premises is located, a fee equal to Tenant's pro rata share of all of the costs and expenses incurred by Owner, if any, in supplying and installing a "common sprinkler headerloop" on such floor which pro rata share shall be a fraction in which the numerator shall be the number of rentable square feet of that portion of the Demised Premises located on such floor and the denominator shall be the number of rentable square feet on such floor, provided however, that notwithstanding anything contained in this Section to the contrary, Owner shall have no obligation to install such "common sprinkler headerloop" on any floor of the Building which shall be entirely demised to Tenant. Such fee shall be payable to Owner within ten (10) days next following the rendition of a statement thereof by Owner to Tenant. Notwithstanding anything contained in this Lease to the contrary, such sprinkler system, or any replacement thereof and any modifications and/or installations installments in connection therewith, whether made by Tenant or Owner, shall upon expiration or sooner termination of the Demised Term be deemed the property of Owner. Notwithstanding anything contained in this Section 3.05 to the contrary, Owner has advised Tenant that the Demised Premises initially leased on the Commencement Date shall contain a sprinkler system which shall comply with all Legal Requirements in effect as of the date hereof.

Sprinklers. In the event that Tenant performs any Alterations Sprinklers and sprinkler systems now existing in the said Demised Premises, Tenant, as part of such Alterations, Premises shall be required maintained and serviced by the Sublessor, provided, however, that if any such system or any of its appliances shall be damaged or injured or rendered otherwise than in proper working order by reason of any act or omission of the Sublessee, the Sublessee's agents, servants, employees, licensees or visitors, the Sublessee shall forthwith restore such equipment to (x) install good working condition and order at its own expense. If by reason of the acts or operations of the Sublessee, the New York Board of Fire Underwriters or the New York Fire Insurance Exchange or any bureau, department or official of the state or municipal government requires or recommends any change in such sprinklers or sprinkler system or if any change is necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as fixed by such exchange or by any fire insurance company, the Sublessee shall at its own expense promptly make such change; provided said change is a direct consequence of Sublessee's particular use of the Demised Premises. In the event said change is incident to the general usage of the Demised Premises as warehouse, industrial or distribution uses, Sublessee shall not be obligated to perform same at its expense. Any changes whatsoever in the sprinkler system desired by the Sublessee must be submitted to the extent not theretofor installed Sublessor for the review and (y) make all modifications approval of the Sublessor's insurer. In the event the Sublessee shall fail to pay any existing sprinkler system necessary in connection with such Alterationstax, and in connection with the foregoing the following provisions of this Section shall apply: (i) such sprinkler system and/or modifications thereto shall comply with all applicable lawsrent, orderslevy or charge for any utility service, rules and regulations; (ii) the supplying and installing of any such sprinkler system and/or modifications thereto shall be made in accordance with the provisions of this Lease, including but not limited to the provisions of this Article and Article 6 and the type, brand, location and manner of installation which by reason of such sprinkler system and/or modifications thereto shall be subject to Owner's prior approval; and (iii) Tenant shall make all repairs and replacementsnon-payment may become a lien upon any part of the premises of the Sublessor, as and when necessarythe Sublessor may, to such sprinkler system including any modifications thereto and any replacements thereof. Notwithstanding the aforesaid provisions of this Section, Owner shall have the election of supplying and installing such sprinkler system and/or modifications thereto either by itself or by its agents or contractors, in which event all costs and expenses incurred by Owner in connection with supplying and installing such sprinkler system and/or modifications thereto and any repairs or replacements of such sprinkler system as the same may be modified and any replacements thereof made by Owner, at Owner's election, shall be paid by Tenant to Owner within upon ten (10) days next following days' written notice thereof to the rendition of a statement thereof by Owner to Tenant. In addition to paying all costs and expenses in connection with the supplyingSublessee, installing and modifying make payment of such sprinkler systemtax, Tenant rent, levy or charge together with any interest, penalties or other accruals due thereon, and upon such payment the amount thereof shall pay immediately become due and payable by the Sublessee to Owner, for each floor the Sublessor as rent hereunder. The Sublessor may interrupt or suspend the supply of the Building on which any portion of such service to the Demised Premises is located, a fee equal in order to Tenant's pro rata share of all of the costs and expenses incurred by Owner, if any, in supplying and installing a "common sprinkler header" on such floor which pro rata share shall be a fraction in which the numerator shall be the number of rentable square feet of that portion of make any necessary repair or alteration to the Demised Premises located on such floor and the denominator shall be the number of rentable square feet on such floor, provided however, that notwithstanding anything contained in this Section or to the contrary, Owner shall have no obligation to install such "common sprinkler header" on any floor other building or other part of the Building which shall be entirely demised to Tenant. Such fee shall be payable to Owner within premises of the Sublessor provided Sublessor notifies Sublessee, in writing, promptly after receiving notice thereof from any utility or governmental authority of any scheduled suspension of such service, and, in the case of a suspension of service necessitated by any activity of Sublessor or its affiliates, upon not less than ten (10) days next following the rendition of a statement thereof by Owner to Tenant. Notwithstanding anything contained in this Lease days' written notice sent prior to the contrary, such sprinkler system, or any replacement thereof and any modifications and/or installations in connection therewith, whether made by Tenant or Owner, shall upon expiration or sooner termination of the Demised Term be deemed the property of Owner. Notwithstanding anything contained in this Section 3.05 to the contrary, Owner has advised Tenant that the Demised Premises initially leased on the Commencement Date shall contain a sprinkler system which shall comply with all Legal Requirements in effect as Sublessee of the date hereoffor the commencement of any necessary repair or alteration. Said notice shall not be applicable in the event of an emergency involving the endangerment of life or the preservation of property from imminent destruction. There shall be no abatement in rent because of any such interruption or suspension provided that such repairs or alterations shall be made with reasonable diligence and provided further that any repair or alteration made by Sublessor shall not unreasonably interfere with the Sublessee's business. The Sublessor may at any time during the term of this Sublease assign, convey, transfer or set over to any municipality having jurisdiction or to any public utility corporation or private water corporation or sewage disposal corporation any or all of the Sublessor's right, title and interest in and to such public utility facilities and thereupon require the Sublessee to make payment for such services to such assignee, municipality, firm or corporation in accordance with such rates as such assignee may establish. Upon any such conveyance, assignment or transfer, there shall be no abatement of rent due and payable hereunder by reason of any interruption of such service resulting from the act or fault of such assignee, provided further that such conveyance, assignment or transfer shall not unreasonably interfere with the Sublessee's business.