Submission of Plans. Except as otherwise expressly set forth herein, prior to making any Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Landlord or Landlord's Consultant shall respond to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given therefor. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasigovernmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including, but not limited to, the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned by Tenant and subject to purchase money financing security interests of the vendors thereof. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 2 contracts
Samples: Lease Agreement (Nextvenue Inc), Assignment and Amendment of Lease (Talkpoint Communications Inc)
Submission of Plans. Except as otherwise expressly set forth herein, prior Prior to making any Alterations, Tenant
Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's "Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall respond be accomplished within fifteen (15) working days following the date of notice to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event that Landlord or Landlord's Consultant does not respond within such ten (10) business day periodis assuming responsibility therefor, Tenant may send Landlord a notice stating that, if Landlord does not respond subject to Tenant's submission within ten (10) business days after receipt any delays caused by Landlord the City of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given thereforNew York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasigovernmental quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant and subject to purchase money financing security interests pay the cost of the vendors thereofsuch Alterations upon rendition of a xxxx therefor shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 2 contracts
Samples: Lease Agreement (Intralinks Inc), Lease Agreement (Intralinks Inc)
Submission of Plans. Except Tenant shall be solely responsible for the timely (as otherwise expressly more fully set forth herein, prior to making any Alterations, Tenant
(ibelow) shall submit preparation and submission to Landlord or to a consultant appointed by Landlord of the schematic design drawings ("“Schematic Design Drawings for Landlord's Consultant"’s TI Work”), design development drawings (“Design Development Drawings for Landlord’s TI Work”) detailed and of the final full sets of scaled and dimensioned construction documents, including architectural, electrical, mechanical, plumbing, sprinkler, life safety and other construction drawings, plans and specifications (including layout“Construction Drawings for Landlord’s TI Work”, architecturaland together with the Schematic Design Drawings for Landlord’s TI Work and the Design Development Drawings for Landlord’s TI Work, mechanicalthe “TI Plans”) (the final Construction Drawings for Landlord’s TI Work as approved by Landlord and Tenant pursuant to this Section 4.2 being herein referred to as the “Approved TI Plans”) necessary to construct the tenant improvements in the Premises for Tenant’s occupancy, electricalas well as the ancillary equipment to be installed by Landlord as part of Landlord’s TI Work to specifically serve the Premises, plumbing, Class E sprinkler and structural drawings stamped which plans shall (i) be certified by a professional an architect or engineer or architect licensed in the State Commonwealth of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specificationsMassachusetts, (ii) shall pay to Landlord comply with all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specificationsapplicable laws, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, be submitted to Landlord sufficiently early to meet the Plan Approval Deadlines set forth below and (iv) be subject to approval (in form and substance) by Landlord (which approval shall furnish to Landlord duplicate original policies not be unreasonably withheld, conditioned or certificates thereof delayed). Xxxxxxxx’s approval is solely given for the benefit of worker's compensation insurance (covering all persons to be employed by TenantLandlord, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of any of the TI Plans for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insuredsany purpose whatsoever. Landlord or Landlord's Consultant shall respond to any plan submission by Tenant with respect to Tenant's submission of detailed plans and specifications within ten five (105) business days after (i) Landlord’s receipt of such submissionthe original submission (except that Landlord shall have seven (7) business days to respond to Tenant’s submission of the Construction Drawings) and (ii) Landlord’s receipt of any resubmission. In the event If Landlord or Landlord's Consultant does not fails to respond within such ten five (105) business day period, Tenant may send Landlord a notice stating that, if Landlord does not respond to Tenant's submission within ten and such failure continues for five (105) business days after receipt by Landlord of such noticenotice thereof, Tenant's submission the applicable TI Plans shall be deemed approved. If In the event Landlord’s approval of the any TI Plans is withheld or conditioned, Landlord shall send written notification to Tenant (“Landlord’s Notification”) thereof within the applicable period set forth above, which shall include a reasonably detailed statement identifying the reasons for such refusal or Landlord's Consultant fails to respond to such notice condition. Tenant shall promptly (and in any event within ten five (105) business days after receipt thereofdelivery of the applicable Landlord’s Notification) have the Construction Drawings for Landlord’s TI Work incorporate the matters referred to in Landlord’s Notification, Landlord's consent shall be deemed given therefor. Upon completion of such Alterationor, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasigovernmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including, but not limited to, the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as event a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned by Tenant and subject to purchase money financing security interests of the vendors thereof. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord ’s Notification is given with respect to their completenessthe Construction Drawings for Landlord’s TI Work, designhave such Construction Drawings revised by its architect to incorporate all reasonable objections and conditions presented by Xxxxxxxx’s Notification and shall resubmit Construction Drawings for Landlord’s TI Work to Landlord within five (5) business days of Landlord’s Notification. Such process shall be followed until the Construction Drawings for Landlord’s TI Work shall have been approved by Landlord without unreasonable objection or condition. Notwithstanding anything herein to the contrary, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.Tenant shall submit to Landlord:
Appears in 2 contracts
Samples: Lease Agreement (CarGurus, Inc.), Lease Agreement (CarGurus, Inc.)
Submission of Plans. Except as otherwise expressly set forth herein, prior to making any Alterations, Tenant
On or before the date which is thirty (i30) days after the execution of this Lease (the “Plan Submittal Date”) Tenant shall submit deliver to Landlord or to a consultant appointed by Landlord architectural construction drawings ("Landlord's Consultant"which shall include (I) detailed furniture plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State showing details of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, space occupancy; (ii) shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, reflected ceiling plans; (iii) shall, at its expense, obtain all permits, approvals partition and certificates required by any governmental or quasi-governmental bodies, and door location plans; (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance electrical and telephone plans noting any special requirements; (covering all persons v) fire safety systems; (vi) detail plans; (vii) mechanical and electrical drawings for the Premises; and (viii) finish plans and schedules) and specifications for the Tenant Improvements to be employed by Tenant, and Tenant's contractors and subcontractors performed in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insuredsthe Premises. Landlord or Landlord's Consultant shall respond to Tenant with respect to Tenant's submission of detailed plans Such architectural drawings and specifications shall be subject to Landlord’s prior written approval, which approval shall not be unreasonbly withheld or delayed, within ten seven (107) business days after of receipt by Landlord of a complete set of such submissionarchitectural construction drawings and specifications. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord a notice stating that, if If Landlord does not respond approve the same, Landlord shall advise Tenant in writing generally of the changes required in such architectural construction drawings and specifications so that they will meet with Landlord’s approval. Tenant shall cause Tenant’s architects and engineers to Tenant's submission revise such architectural construction drawings and specifications pursuant to Landlord’s comments and to deliver to Landlord, within ten seven (107) business days after receipt by Landlord Tenant of such noticecomments, Tenant's submission revised architectural construction drawings and specifications noting the changes for Landlord’s approval. Landlord shall be deemed approved. If Landlord or Landlord's Consultant fails continue to respond to comment on such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given therefor. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" architectural construction drawings showing such Alterations, required by any governmental or quasigovernmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including, but not limited to, the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned by Tenant and subject to purchase money financing security interests of the vendors thereof. Landlord's approval of Tenant's plans, specifications and working Tenant shall continue to revise said architectural construction drawings for Alterations shall create no responsibility or liability on and specifications are approved by Landlord. Such architectural construction drawings and specifications when approved by Landlord are referred to herein as the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities“Plans”.
Appears in 1 contract
Submission of Plans. Except as otherwise expressly set forth herein, prior Prior to making any Alterations, Tenant
Tenant (iI) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval acceptance of such plans and specifications, which acceptance shall not be unreasonably withheld, conditioned or delayed with respect to Non-Structural Alterations only, (ii) shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specificationsspecifications (provided, however, Landlord agrees to waive its right to reimbursement of such costs incurred in connection with Landlord's Initial Construction), (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord as more particularly set forth in Schedule C annexed hereto and its agents as additional insureds. Landlord or Landlord's Consultant shall respond to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord made a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given thereforpart hereof. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain any certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasigovernmental quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment to be incorporated into the Premises shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned by Tenant and subject to purchase money financing security interests of the vendors thereofagreement. Landlord's approval acceptance of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. Except as otherwise expressly set forth herein, prior Prior to making any AlterationsAlterations requiring Landlord's consent, Tenant
Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's ConsultantLANDLORD'S CONSULTANT") detailed plans and specifications (including including, if applicable, layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval shall be granted or denied within twenty (20) days after Tenant's written request therefor, (ii) shall pay to Landlord all reasonable actual out-of-pocket costs and expenses incurred by Landlord (including the cost of Landlord's Consultant, provided same is an unrelated third party) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably requireapprove, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall respond be accomplished within fifteen (15) working days following the date of notice to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event that Landlord or Landlord's Consultant does not respond within such ten (10) business day periodis assuming responsibility therefor, Tenant may send Landlord a notice stating that, if Landlord does not respond subject to Tenant's submission within ten (10) business days after receipt any delays caused by Landlord the City of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given thereforNew York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasigovernmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (as hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first of good quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned by Tenant and subject to purchase money financing security interests of the vendors thereofagreement. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Samples: Lease Agreement (Viatel Inc)
Submission of Plans. Except as otherwise expressly set forth herein, prior Prior to making any Alterations, Tenant
Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval shall not be unreasonably withheld, delayed or otherwise conditioned, (ii) shall pay to Landlord all the reasonable costs and expenses incurred by Landlord (including the reasonable cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by reasonable evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord as more particularly set forth in Schedule “D” annexed hereto and its agents as additional insureds. Landlord or Landlord's Consultant shall respond to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord made a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given thereforpart hereof. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, if same are required by any governmental or quasigovernmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, includingas amended, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except agreement. Tenant agrees to allow Landlord’s designated contractor to bid on any Alterations to be performed by or on behalf of Tenant. If Landlord’s designated contractor is the lowest bidding contractor, Tenant agrees to award the contract for equipment owned by Tenant and subject the performance of such Alterations to purchase money financing security interests of the vendors thereofsuch contractor. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. Except as otherwise expressly set forth herein, prior Prior to making any Alterations, Tenant
Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specificationsspecifications (which approval shall be granted or withheld in accordance with the terms of this Article 3), (ii) shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specificationsspecifications (which, with respect to Landlord's review of Tenant's plans and specifications for Tenant's Initial Alteration, shall not exceed $2,000.00), (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall iv)shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall respond be accomplished within fifteen (15) working days following the date of notice to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event that Landlord or Landlord's Consultant does not respond within such ten (10) business day periodis assuming responsibility therefor, Tenant may send Landlord a notice stating that, if Landlord does not respond subject to Tenant's submission within ten (10) business days after receipt any delays caused by Landlord the City of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given thereforNew York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasigovernmental quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned agreement. Landlord agrees not to withhold or delay unreasonably its consent to any Alterations proposed to be made by Tenant to adapt the Premises for those business purposes permitted by subsection A of Article 2 hereof, which are nonstructural and subject to purchase money financing security interests which do not affect the Building's mechanical, electrical, plumbing, Class E or other Building systems or the structural integrity of the vendors thereofBuilding, provided that such Alterations are performed only by contractors or mechanics reasonably approved by Landlord, do not affect any part of the Building other than the Premises, do not affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building, do not reduce the value or utility of the Building and are performed in compliance with all applicable laws. Tenant shall not perform work which would (i) require changes to the structural components of the Building or the exterior design of the Building, (ii) require any material modification to the Building's mechanical, electrical, plumbing installations or other Building installations outside the Premises, (iii) not be in compliance with all applicable laws, rules, regulations and requirements of any governmental department having jurisdiction over the Building and/or the construction of the Premises, including but not limited to, the Americans with Disabilities Act of 1990, or (iv) be incompatible with the Certificate of Occupancy for the Building. In the event any Alterations are performed by contractors approved by Landlord or any entity which is an affiliate of Landlord or any general partner or managing member of Landlord, the failure by Tenant to pay the cost of such Alterations upon rendition of a xxxx therefore shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Samples: Lease Agreement (Thrupoint Inc)
Submission of Plans. Except as otherwise expressly set forth herein, prior Prior to making any Alterations, Tenant
Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("“Landlord's ’s Consultant"”) detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's ’s approval of such plans and specifications, (ii) shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's ’s Consultant) in connection with Landlord's ’s review of Tenant's ’s plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's ’s compensation insurance (covering all persons to be employed by Tenant, and Tenant's ’s contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's ’s Consultant may assume responsibility, at Tenant’s expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall respond be accomplished within fifteen (15) working days following the date of notice to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event that Landlord or Landlord's ’s Consultant does not respond within such ten (10) business day periodis assuming responsibility therefor, Tenant may send Landlord a notice stating that, if Landlord does not respond subject to Tenant's submission within ten (10) business days after receipt any delays caused by Landlord the City of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given thereforNew York. Upon completion of such Alteration, Tenant, at Tenant's ’s expense, shall obtain certificates of final approval of such Alteration, including the "“as-built" ” drawings showing such Alterations, required by any governmental or quasigovernmental quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and arid performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 19901 990, including, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant and subject to purchase money financing security interests pay the cost of the vendors thereofsuch Alterations upon rendition of a xxxx therefor shall be deemed a material default under this Lease. Landlord's ’s approval of Tenant's ’s plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Samples: Lease Agreement (Intralinks Inc)
Submission of Plans. Except as otherwise expressly set forth herein, prior Prior to making any Alterations, Tenant
Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval acceptance of such plans and specifications, which acceptance shall be granted or withheld in accordance with the terms of Subsection A hereof, (ii) shall pay to Landlord all reasonable out-of-pocket costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord as more particularly set forth in Schedule D annexed hereto and its agents as additional insureds. Landlord or Landlord's Consultant shall respond to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord made a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given thereforpart hereof. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" or marked drawings showing such Alterations, required by any governmental or quasigovernmental quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned agreement. In the event any Alterations are performed by Landlord's designated contractor or any entity which is an affiliate of Landlord or any general partner or managing member of Landlord, the failure by Tenant to pay the cost of such Alterations within ten (10) business days after rendition of a xxxx therefor and subject notice and a reasonable opportunity to purchase money financing security interests of the vendors thereofcure shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. Except as otherwise expressly set forth herein, prior Prior to making any Alterations, Tenant
other than Minor Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's Consultant") two (2) sets of detailed plans and specifications (including including, to the extent applicable, layout, architectural, mechanical, electrical, plumbing, Class E proposed floor and electrical loads, sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, such approval not to be unreasonably withheld, conditioned or delayed, (ii) shall pay to Landlord all reasonable costs and expenses reasonably incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, capped at $3,500.00, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and TenantXxxxxx's contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Landlord or Landlord's Consultant shall respond to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given therefor. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasigovernmental quasi-governmental bodies and shall furnish Landlord with copies thereof. In the event Landlord fails to respond to Xxxxxx's request for consent to Alterations within fifteen (15) days of Tenant's submission to Landlord of Tenant's plans, said plans (and any resubmission of same in the event such plans are reasonably disapproved by Landlord within the applicable period) shall deemed to be approved by Landlord, and Tenant shall be entitled to commence construction of the Tenant's Alterations. If Landlord objects to or disapproves of any of Tenant's plans, it shall state its objections in writing, with reasonable specificity such that Tenant may amend its plans accordingly and re-submit same to Landlord for approval in accordance herewith. Landlord shall reasonably cooperate with Tenant in obtaining any required permits, approvals, and/or certificates required by any governmental or quasi-governmental bodies. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with all applicable laws and ordinances, including the Americans with Disabilities Act of 1990, including, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned by Tenant and subject to purchase money financing security interests of the vendors thereofagreement. LandlordXxxxxxxx's approval of TenantXxxxxx's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. Except as otherwise expressly set forth herein, prior Prior to making any AlterationsAlterations that require Landlord’s consent, Tenant
Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("“Landlord's ’s Consultant"”) detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's ’s approval of such plans and specifications, (ii) shall pay to Landlord all reasonable reasonable, out of pocket costs and expenses incurred by Landlord (including the cost of Landlord's ’s Consultant) in connection with Landlord's ’s review of Tenant's ’s plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's ’s contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord as more particularly set forth in Exhibit “E” annexed hereto and its agents as additional insuredsmade a part hereof. Landlord Notwithstanding anything to the contrary herein, nothing herein shall require Tenant to pay any costs or Landlord's Consultant shall respond to Tenant expenses or obtain any approvals or permits with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given therefor’s Initial Construction. Upon completion of such Alteration, Tenant, at Tenant's ’s expense, shall obtain certificates of final approval of such Alteration, including the "“as-built" ” drawings showing such Alterations, required by any governmental or quasigovernmental quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, includingas amended, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned agreement. Tenant agrees to allow Landlord’s designated contractor to bid on any Alterations to be performed by Tenant and subject to purchase money financing security interests or on behalf of the vendors thereofTenant. Landlord's ’s approval of Tenant's ’s plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Samples: Lease Agreement (Yodle Inc)
Submission of Plans. Except as otherwise expressly set forth herein, prior Prior to making any AlterationsAlterations (other than Minor Alterations or any emergency repairs), Tenant
Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("“Landlord's ’s Consultant"”) a set of detailed plans and specifications (including including, if applicable, layout, architectural, mechanical, electrical, plumbing, Class E proposed floor and electrical loads, sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New YorkMaryland) for each proposed Alteration and the form required by paragraph (H) below and shall not commence any such Alteration without first obtaining Landlord's ’s approval of such plans and specifications, which approval shall not be unreasonably withheld, delayed or conditioned, and the Alterations list, (ii) shall pay to Landlord all actual and reasonable third party costs and expenses incurred by Landlord (including the reasonable cost of Landlord's ’s Consultant) in connection with Landlord's Xxxxxxxx’s review of Tenant's ’s plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's Xxxxxx’s contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Landlord or Landlord's Consultant shall respond to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given therefor. Upon completion of such Alteration, Tenant, at Tenant's ’s expense, shall obtain any certificates of final approval of such Alteration, including the "any “as-built" ” drawings showing such Alterations, Alterations that may be required by any governmental or quasigovernmental quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Landlord’s Rules and Regulations (hereinafter defined) Requirements and in accordance with all applicable laws and ordinances, including the Americans with Disabilities Act of 1990, including, including but not limited to, to the accessibility provisions thereof; unless approved by Landlord, all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; the same quality as utilized in Landlord’s Work, and no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned unless required by Tenant an entity financing any such Alterations and subject Landlord approved such financing in advance. Xxxxxxxx agrees to purchase money financing security interests approve or xxxx Xxxxxx’s proposed Alterations within twenty (20) days after Xxxxxxxx’s receipt of the vendors thereof. Landlord's applicable plans and specifications; if Landlord fails to respond to the request for approval of Tenant's planswithin such twenty (20) day period, specifications then Tenant shall send a second request for approval and working drawings for Alterations Landlord shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.respond within ten
Appears in 1 contract
Samples: Lease Agreement
Submission of Plans. Except as otherwise expressly set forth herein, prior (i) Prior to making any Alterations, Tenant
Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("“Landlord's ’s Consultant"”) detailed plans and specifications (including Including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's ’s approval of such plans and specificationsspecifications which approval shall not be unreasonably withheld, conditioned or delayed, (ii) shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's ’s Consultant) in connection with Landlord's ’s review of Tenant's ’s plans and specificationsspecifications up to a maximum of $4,500.00 for each review (however, the payment to Landlord by Tenant of such cost and expenses shall be limited to actual out-of-pocket expenses in connection with Tenant’s Initial Alteration Work), (iii) shall, at its Tenant’s sole cost and expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodiesbodies (provided that Landlord shall reasonably cooperate with Tenant and reasonably assist Tenant in Tenant’s obtaining any permits, approvals or certificates, including any permits, approvals or certificates required by the Landmarks Preservation Commission, however such cooperation shall be limited to execution of any required filings, which require a signature by landlord, and shall all be at no cost or expense to Landlord), and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, . and Tenant's ’s contractors and subcontractors engaged in connection with such Alteration) Alterations, are carrying such insurance as set forth in Schedule C annexed hereto and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Landlord or Landlord's Consultant shall respond to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord made a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given thereforpart hereof. Upon completion of such Alteration, Tenant, at Tenant's ’s sole cost and expense, shall obtain certificates of final approval of such Alteration, including the "“as-built" ” drawings showing such Alterations, required by any governmental or quasigovernmental quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, includingas amended, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned by Tenant and subject to purchase money financing security interests of the vendors thereofagreement. Landlord's ’s approval of Tenant's ’s plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
(ii) To the extent Landlord’s review and approval of Tenant’s plans and/or specifications is required pursuant to this Article, Landlord shall promptly review, in good faith, Tenant’s plans and specifications submitted for Landlord’s approval under this Article and shall notify Tenant within fifteen (15) days of the receipt thereof that Landlord either; (i) approves Tenant’s plans and specifications as so submitted, (ii) disapproves Tenant’s plans and specifications (stating the reasons therefor with reasonable specificity), (iii) requires clarification or additional information or {iv) has engaged the services of an outside consultant to review Tenant’s plans and specifications (an “Outside Consultant Notice”). If Landlord fails to respond to Tenant’s submission of Tenant’s plans and specifications within fifteen (15) day period, Tenant may give a notice to Landlord referencing this Article 3(D)(ii) and stating in bold, 14- point font the following: “YOU AS LANDLORD HAVE FAILED TO TIMELY RESPOND TO TENANTS REQUEST FOR LANDLORD TO CONSENT TO TENANTS PLANS AND SPECIFICATIONS PURSUANT TO ARTICLE 3 OF THE LEASE OF A PORTION OF THE 11th FLOOR AT 00 XXXXXXX XXXXX, XXX XXXX, XXX XXXX, AND YOUR FAILURE TO RESPOND TO TENANT ON OR BEFORE THE DATE WHICH IS FIVE (5) BUSINESS DAYS AFTER YOUR RECEIPT OF THIS NOTICE SHALL BE DEEMED A WAIVER APPROVAL OF THE ALTERATIONS IDENTIFIED WITH SUFFICIENT DETAIL IN SUCH PLANS AND SPECIFICATIONS.” After receipt of such second notice, if Landlord fails to respond to Tenant’s Plans within such five (5) business day period, Landlord shall be deemed to have granted approval to Tenant’s Plans specifications. If Landlord delivers an Outside Consultant Notice within the time period set forth above, the effect thereof shall be to extend by five (5) business days the number of days that Landlord shall have to respond to Tenant’s plans and specifications.
(iii) Promptly following the substantial completion of any Alterations, Tenant shall submit to Landlord: (a) one (1) sepia and one (1) copy on floppy disk (using a current version of Autocad or such other similar software as is then commonly in use) of final, “as-built” CAD drawings and plans for the Premises showing all such Alterations and demonstrating that such Alterations were performed substantially in accordance with plans and specifications first approved by Landlord and (b) an itemization of Tenant’s total construction costs, detailed by contractor, subcontractors, vendors and materialmen; bills, receipts, lien waivers and releases from all contractors, subcontractors, vendors and materialmen; architects’ and Tenant’s certification of completion, payment and acceptance, and all governmental approvals and confirmations of completion for such Alterations.
Appears in 1 contract
Submission of Plans. Except as otherwise expressly set forth herein, prior Prior to making any Alterations, Tenant
Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("“Landlord's ’s Consultant"”) detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's ’s approval of such plans and specifications, which approval shall not be unreasonably withheld, delayed or otherwise conditioned, (ii) shall pay to Landlord all the reasonable costs and expenses incurred by Landlord (including the reasonable cost of Landlord's ’s Consultant) in connection with Landlord's ’s review of Tenant's ’s plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by reasonable evidence that Tenant, and Tenant's ’s contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord as more particularly set forth in Schedule “D” annexed hereto and its agents as additional insureds. Landlord or Landlord's Consultant shall respond to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord made a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given thereforpart hereof. Upon completion of such Alteration, Tenant, at Tenant's ’s expense, shall obtain certificates of final approval of such Alteration, including the "“as-built" ” drawings showing such Alterations, if same are required by any governmental or quasigovernmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, includingas amended, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except agreement. Tenant agrees to allow Landlord’s designated contractor to bid on any Alterations to be performed by or on behalf of Tenant. If Landlord’s designated contractor is the lowest bidding contractor, Tenant agrees to award the contract for equipment owned by Tenant and subject the performance of such Alterations to purchase money financing security interests of the vendors thereofsuch contractor. Landlord's ’s approval of Tenant's ’s plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. Except as otherwise expressly set forth hereinWithin the time provided for by the LESSOR, prior to making any Alterations, Tenant
(i) the LESSEE shall submit the construction plan for the proposed installations, improvements, lighting fixtures, floor covering, and other installations as may be required by the nature and purpose of its business, and only after receipt of LESSOR’s prior written approval of the said floor plan, which approval shall not be unreasonably withheld, and submission to Landlord the LESSOR by the LESSEE of the necessary construction bond, the amount of which shall be solely determined by the LESSOR, shall LESSEE install and maintain said installations and improvements at its own expense. Any subsequent additions, alterations or changes to the approved plans shall be made only upon written consent of the LESSOR. The LESSEE shall also be responsible for securing all the necessary government permits or licenses as well as pay all taxes necessary for its operations. The LESSEE shall furnish the LESSOR copies of the said permits and licenses or any renewal thereof fifteen (15) days from the start of the LESSEE’s business and every renewal date thereof as required by law. The LESSEE must make a consultant appointed declaration of its maximum electrical load and enumerate thereat, in the checklist provided by Landlord ("Landlord's Consultant") detailed plans the LESSOR, the electrical fixtures, appliances, equipment, facilities, etc. With the prior written approval of the LESSOR, the LESSEE may install the necessary installations as may be required by its business provided the strength and specifications (including layoutgeneral structure of the building or the premises are not thereby altered or otherwise adversely affected and, architecturalprovided further, mechanicalthat the other conditions of this Contract are not thereby violated. Furthermore, electrical, the installation of additional plumbing, Class E sprinkler electrical appliances/equipment, telephone and structural drawings stamped by a professional engineer or architect licensed teletype in the State premises shall be for the account of New York) for each proposed Alteration and shall not commence any such Alteration without first expense of the LESSEE, and only after obtaining Landlord's the prior written consent and approval of the LESSOR. Such installation(s) should be made in such a way as not to cause damage to the premises. Provided, however, that in the installation of additional electrical appliances wherein extra electrical outlets will be needed, the LESSEE shall first furnish the LESSOR with plans and specifications, (ii) shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including of such additional outlets for the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) LESSOR’s prior written approval. The LESSEE shall, at its expenseall times, obtain cooperate with the LESSOR’s agent/representative in the LESSOR’s regular inspection of the LESSEE’s electrical load. For this reason, the LESSEE shall use only duly licensed electrician(s) who must ensure that the additional load of current shall be within the capacity of the main switch of the panel on the corresponding floor. The LESSEE further binds himself to comply strictly with the requirements of the Fire Department and/or Government Electrician. Any violation of this provision shall make LESSEE liable for damages which may result directly or indirectly therefrom. The LESSOR reserves the right to refuse any alterations, additions or improvements requested by the LESSEE if, in LESSOR’s opinion, there is just cause to warrant such refusal. STANDARD GTC – CYBERGATE (OFFICE) It is further agreed that all permitssuch installations and improvements, approvals and certificates required by any governmental or quasi-governmental bodiesexcept the movable furniture put in at the expense of the LESSEE, shall remain upon, and (iv) shall furnish be surrendered with the premises as part thereof at the termination of the lease without compensation to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by Tenantthe LESSEE, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Landlord or Landlord's Consultant shall respond without prejudice to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given therefor. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasigovernmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including, but not limited to, the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned by Tenant and subject to purchase money financing security interests right of the vendors thereof. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on LESSOR to require the part of Landlord with respect LESSEE to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authoritiesrestore the premises to its original tenantable condition.
Appears in 1 contract
Submission of Plans. Except as otherwise expressly set forth herein, prior Prior to making any Alterations, Tenant
other than Minor Alterations, Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's Consultant") three (3) sets of detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E proposed floor and electrical loads, sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval shall not be unreasonably withheld, delayed or conditioned, (ii) shall pay to Landlord all reasonable out-of-pocket costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Landlord or Landlord's Consultant shall respond to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given therefor. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such AlterationAlteration required by any governmental or quasi-governmental bodies and shall furnish Landlord with copies thereof, including the "as-built" drawings showing such Alterations. In the event Landlord fails to respond to Tenant's request for consent to Alterations within fifteen (15) days of Tenant's submission to Landlord of Tenant's plans, required said plans (and any resubmission of same in the event such plans are reasonably disapproved by Landlord within the applicable period) shall deemed to be approved by Landlord, and Tenant shall be entitled to commence construction of the Tenant's Alterations. If Landlord objects to or disapproves of any governmental or quasigovernmental bodies of Tenant's plans, it shall state its objections in writing, with reasonable specificity such that Tenant may amend its plans accordingly and shall furnish re-submit same to Landlord with copies thereoffor approval in accordance herewith. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with all applicable laws and ordinances, including the Americans with Disabilities Act of 1990, including, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first qualityquality of at least equal to Building standard; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned by Tenant and subject to purchase money financing security interests of the vendors thereofagreement. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. Except as otherwise expressly set forth hereinpermitted in Subsection A hereof, prior to making any Alterations, Tenant
(i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval acceptance of such plans and specifications, which approval shall be granted or withheld in accordance with the terms of Subsection A hereof, (ii) shall pay to Landlord all reasonable third party costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably requirerequires, naming Landlord as more particularly set forth in Schedule C annexed hereto and its agents as additional insuredsmade a part hereof. Landlord or Landlord's Consultant shall respond to Tenant with respect to Tenant's submission request for acceptance of detailed any plans and specifications within ten (10) business days after receipt following the submission of such submissionplans and specifications prepared in accordance with the terms hereof. In the event Landlord shall fail to accept all or a portion of any of Tenant's plans and specifications, such failure to accept same shall be set forth in writing and shall include the reasons therefor in reasonable detail, in which event Tenant shall revise such plans and specifications and resubmit same to Landlord. Landlord shall respond to Tenant's request for acceptance of any such revised plans within five (5) business days following resubmission. In the event Landlord fails to respond to Tenant's request for Landlord's Consultant does not acceptance of the proposed plans and specifications within such ten (10) or five (5) business day period (as applicable), Tenant may send a second (2nd) written request stating in bold type that "LANDLORD'S FAILURE TO RESPOND TO TENANT'S REQUEST FOR LANDLORD'S ACCEPTANCE OF THE PLANS AND SPECIFICATIONS WITHIN TEN (10) BUSINESS DAYS OF THIS SECOND (2ND) REQUEST SHALL BE DEEMED LANDLORD'S ACCEPTANCE OF SUCH PROPOSED PLANS AND SPECIFICATIONS." A copy of such second (2nd) notice must be simultaneously sent to Landlord's counsel (or such other parties as Landlord may from time to time designate) in accordance with the notice provisions of Article 27 of this Lease in order for the same to be deemed effective. The failure of Landlord to respond to Tenant's second (2nd) request within such ten (10) business day period, Tenant may send Landlord a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or to be Landlord's Consultant fails to respond to acceptance of such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given thereforplans and specifications. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" or marked drawings showing such Alterations, required by any governmental or quasigovernmental quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned by Tenant and subject to purchase money financing security interests of the vendors thereofagreement. Landlord's approval acceptance of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. Except as otherwise expressly set forth herein, prior Prior to making any Alterations, Tenant
Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specificationsspecification, (ii) shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Upon notice to Tenant, Landlord or Landlord's Consultant may assume responsibility, at Tenant's expense, to file all plans and obtain the necessary building permits, which filing and the obtaining of building permits, if undertaken, shall respond be accomplished within fifteen (15) working days following the date of notice to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event that Landlord or Landlord's Consultant does not respond within such ten (10) business day periodis assuming responsibility therefor, Tenant may send Landlord a notice stating that, if Landlord does not respond subject to Tenant's submission within ten (10) business days after receipt any delays caused by Landlord the City of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given thereforNew York. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasigovernmental quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lienLien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned agreement. In the event any Alterations are performed by a general partner of Landlord or any entity which is under the common control of Landlord or any general partner of Landlord, the failure by Tenant and subject to purchase money financing security interests pay the cost of the vendors thereofsuch Alterations upon rendition of a xxxx therefor shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Samples: Lease Agreement (Thrupoint Inc)
Submission of Plans. Except as otherwise expressly set forth hereinWithin the time mutually agreed by both parties, prior to making any Alterations, Tenant
(i) the LESSEE shall submit the construction plan for the proposed installations, improvements, lighting fixtures, floor covering, and other installations as may be required by the nature and purpose of its business, and only after receipt of LESSOR’s prior written approval of the said floor plan, which approval shall not be unreasonably withheld, and submission to Landlord the LESSOR by the LESSEE of the necessary construction bond, the amount of which shall be solely determined by the LESSOR, shall LESSEE install and maintain said installations and improvements at its own expense. Any subsequent additions, alterations or changes to the approved plans shall be made only upon written consent of the LESSOR, which shall not be unreasonably withheld. The LESSEE shall also be responsible for securing all the necessary government permits or licenses as well as pay all taxes necessary for its operations. The LESSEE shall furnish the LESSOR copies of the said permits and licenses or any renewal thereof fifteen (15) days from the start of the LESSEE’s business and every renewal date thereof as required by law. The LESSEE must make a consultant appointed declaration of its maximum electrical load and enumerate thereat, in the checklist provided by Landlord ("Landlord's Consultant"the LESSOR, the electrical fixtures, appliances, equipment, facilities, etc.”
12) detailed plans and specifications (including layoutThe 3rd paragraph of Article 6 shall be amended to read as follows: “Furthermore, architectural, mechanical, electrical, the installation of additional plumbing, Class E sprinkler electrical appliances/equipment, telephone and structural drawings stamped by a professional engineer or architect licensed teletype in the State premises shall be for the account of New York) for each proposed Alteration and expense of the LESSEE, and only after obtaining the prior written consent and approval of the LESSOR, which shall not commence any be unreasonably withheld. Such installation(s) should be made in such Alteration without a way as not to cause damage to the premises. Provided, however, that in the installation of additional electrical appliances wherein extra electrical outlets will be needed, the LESSEE shall first obtaining Landlord's approval furnish the LESSOR with plans of such plans and specificationsadditional outlets for the LESSOR’s prior written approval, (ii) which shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) not be unreasonably withheld. The LESSEE shall, at its expenseall times, obtain all permitscooperate with the LESSOR’s agent/representative in the LESSOR’s regular inspection of the LESSEE’s electrical load. For this reason, approvals and certificates required by any governmental or quasi-governmental bodies, and (ivthe LESSEE shall use only duly licensed electrician(s) shall furnish to Landlord duplicate original policies or certificates thereof who must ensure that the additional load of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in connection with such Alteration) and comprehensive public liability (including property damage coverage) insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and its agents as additional insureds. Landlord or Landlord's Consultant shall respond to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission current shall be deemed approvedwithin the capacity of the main switch of the panel on the corresponding floor. If Landlord The LESSEE further binds itself to comply strictly with the requirements of the Fire Department and/or Government Electrician. Any violation of this provision shall make LESSEE liable for damages which may result directly or Landlord's Consultant fails to respond to such notice within ten (10indirectly therefrom.”
13) business days after receipt thereof, Landlord's consent Article 7 shall be deemed given therefor. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasigovernmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including, but not limited to, the accessibility provisions thereof; all construction materials and equipment amended to be incorporated in the Premises read as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned by Tenant and subject to purchase money financing security interests of the vendors thereof. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.follows:
Appears in 1 contract
Submission of Plans. Except as otherwise expressly set forth herein, prior Prior to making any Alterations, Tenant
Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which approval shall be granted or withheld in accordance with the terms of Subsection A hereof, (ii) shall pay to Landlord all reasonable out-of-pocket costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord as more particularly set forth in Schedule F annexed hereto and its agents as additional insureds. Landlord or Landlord's Consultant shall respond to Tenant with respect to Tenant's submission of detailed plans and specifications within ten (10) business days after receipt of such submission. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord made a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given thereforpart hereof. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" or marked drawings showing such Alterations, required by any governmental or quasigovernmental quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned agreement. In the event any Alterations are performed by Landlord's designated contractor or any entity which is an affiliate of Landlord or any general partner or managing member of Landlord, the failure by Tenant to pay the cost of such Alterations within ten (10) business days after rendition of a xxxx therefor and subject notice and a reasonable opportunity to purchase money financing security interests of the vendors thereofcure shall be deemed a material default under this Lease. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract
Submission of Plans. Except as otherwise expressly set forth herein, prior Prior to making any AlterationsAlterations (except for Decorative Changes), Tenant
Tenant (i) shall submit to Landlord or to a consultant appointed by Landlord ("Landlord's Consultant") detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, Class E sprinkler and structural drawings stamped by a professional engineer or architect licensed in the State of New York) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) shall pay to Landlord all reasonable costs and expenses incurred by Landlord (including the cost of Landlord's Consultant) in connection with Landlord's review of Tenant's plans and specifications, which amount shall not exceed $3,500.00, (iii) shall, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies, and (iv) shall furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by evidence that Tenant, and Tenant's contractors and subcontractors engaged in connection with such Alteration) and comprehensive public liability (including property damage coverage) Alterations, are carrying such insurance in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord as more particularly set forth in Schedule E annexed hereto and its agents as additional insuredsmade a part hereof. Landlord shall approve or Landlord's Consultant shall respond to Tenant with respect to disapprove Tenant's submission of detailed plans and specifications for such Alterations within ten (10) business days after receipt of such submission. In the event Landlord or Landlord's Consultant does not respond within such ten (10) business day period, Tenant may send Landlord a notice stating that, if Landlord does not respond to Tenant's submission within ten (10) business days after receipt by Landlord of such notice, Tenant's submission shall be deemed approved. If Landlord or Landlord's Consultant fails to respond to such notice within ten (10) business days after receipt thereof, Landlord's consent shall be deemed given therefordays. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alteration, including the "as-built" drawings showing such Alterations, required by any governmental or quasigovernmental quasi-governmental bodies and shall furnish Landlord with copies thereof. All Alterations shall be made and performed in accordance with the Rules and Regulations (hereinafter defined) and in accordance with the Americans with Disabilities Act of 1990, including, including but not limited to, to the accessibility provisions thereof; all construction materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such construction materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement except for equipment owned agreement. Tenant agrees to allow Landlord's designated contractor to bid on any Alterations to be performed by Tenant and subject to purchase money financing security interests or on behalf of the vendors thereofTenant. Landlord's approval of Tenant's plans, specifications and working drawings for Alterations shall create no responsibility or liability on the part of Landlord with respect to their completeness, design, sufficiency or compliance with all applicable laws, rules or regulations of governmental agencies or authorities.
Appears in 1 contract