Tenant Alterations and Additions. Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Change"), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the prior written consent of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such request. As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contrary, the term Tenant Change shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided above. All Tenant Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant Changes and shall provide Landlord with evidence thereof satisfactory to Landlord prior to the commencement of construction. No Tenant Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect to any Tenant Change, Landlord shall have no duty or obligation to make any replacement or repair thereto, whether pursuant to Section 10 of this Lease or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinary.
Appears in 2 contracts
Samples: Industrial Lease Agreement (Source Interlink Companies Inc), Industrial Lease Agreement (Source Interlink Companies Inc)
Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Tenant's Change"), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not to unreasonably withhold) and Lender's prior written consent of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant's Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant's Changes. If Landlord at the time of giving its approval to any Tenant's Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant's Change. No Tenant Tenant's Change shall be structural in nature or impair the structural strength of the Building or reduce its valueBuilding. Tenant shall pay the full cost of any Tenant Tenant's Change. Except as otherwise provided herein and in Section 12 hereof, and except as agreed upon by the parties at the time a Tenant's Change is approved, all Tenant's Changes shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant's Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give Landlord to Landlord, within fifteen days after demand, such reasonable security as may be requested by reasonably satisfactory to Landlord to insure assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such cost. With respect to any Tenant Changesecurity or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys' fees, paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or obligation to make any replacement or repair thereto, whether pursuant to Section 10 release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
Appears in 2 contracts
Samples: Industrial Lease Agreement (Daisytek International Corporation /De/), Industrial Lease Agreement (Pfsweb Inc)
Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Tenant's Change"), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not to unreasonably withhold) and Lender's prior written consent of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant's Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with
(b) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant's Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with first-class materialssuch work. Tenant shall maintain insurance not permit the Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord, within fifteen days after demand, such security as may be reasonably satisfactory to Landlord during to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the construction Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all Tenant Changes proper costs and charges, and shall provide have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord with evidence thereof satisfactory may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys' fees, paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to Landlord prior to effect a discharge or release of the commencement of constructionlien. No Tenant Change Nothing contained in this Lease shall be structural in nature construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or impair the structural strength hereafter existing of the Building or reduce its value. Tenant shall pay state in which the full cost of any Tenant Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect to any Tenant Change, Landlord shall have no duty or obligation to make any replacement or repair thereto, whether pursuant to Section 10 of this Lease or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryDemised Premises are located.
Appears in 2 contracts
Samples: Industrial Lease Agreement (Pfsweb Inc), Industrial Lease Agreement (Daisytek International Corporation /De/)
Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Tenant's Change"), without first obtaining on each occasion Landlord's prior written consentconsent (which consent Landlord agrees not to unreasonably withhold or delay) and Lender's prior written consent (if such consent is required); provided, however, that Tenant shall have the right, right without the Landlord's (or Lender's) prior written consent of Landlord, to make a Tenant's Change which is non-structural Tenant Changes and which require requires an expenditure of less than $10,000.00 75,000.00 for any one Tenant Tenant's Change and less than $100,000.00 200,000.00 in the aggregate over either for the initial Term or for any extended Term. Landlord shall approve , provided that Tenant shall, at Landlord's option and request and at Tenant's sole cost and expense, remove any such non-structural Tenant's Change for which Landlord's consent was not obtained (or reject a Tenant was obtained but was conditioned upon removal) and/or restore the Demised Premises to its condition prior to such non-structural Tenant's Change request within ten (10) business days after receipt upon the termination or expiration of written notice of such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestthis Lease. As part of its approval process, if applicable, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord not be unreasonably withheld or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided abovedelayed. All Tenant Tenant's Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant's Changes. If, where Landlord's approval is required or otherwise requested by Tenant, Landlord at the time of giving its approval to any Tenant's Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and at Landlord's option and request upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant's Change. No Tenant Tenant's Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant's Change. Except as otherwise provided herein and in Section 12, all Tenant's Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant Change shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease. No term or condition of this subsection (a) shall be deemed to prohibit Tenant from installing and removing its trade fixtures (including, without limitation, Tenant's machinery, generators, and racks and conveyor system), in accordance with Section 12 hereof.
(b) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant's Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give Landlord to Landlord, within thirty (30) days after demand, such reasonable security as may be requested by reasonably satisfactory to Landlord to insure assure payment thereof (or bond over any such lien with a surety company licensed to do business in Tennessee) and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such cost. With respect to any Tenant Changesecurity or bond or does not diligently contest such lien, Landlord may, upon thirty (30) days notice to Tenant, without investigation of the validity of the lien claim, discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys' fees, paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or obligation to make any replacement or repair thereto, whether pursuant to Section 10 release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
Appears in 1 contract
Samples: Industrial Lease Agreement (Barnesandnoble Com Inc)
Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, improvements or additions to the Demised Premises (a "Tenant Change"), without first obtaining on each occasion Landlord's prior written consent; providedconsent (which consent Landlord agrees not to unreasonably withhold, however, that Tenant shall have the right, without the prior written consent of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Termcondition or delay). Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such request. As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord not be unreasonably withheld, conditioned or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided abovedelayed. All Tenant Changes alterations, improvements or additions shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain and shall require its contractors to maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant Changes any alterations, improvements or additions. Upon completion of the alteration, improvement or addition it shall become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall provide Landlord with evidence thereof satisfactory be surrendered to Landlord prior upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant's Changes shall provide that no lien shall attach to or be claimed against the commencement Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of construction. No Tenant Change shall every kind, nature and description which may arise out of or in any way be structural in nature or impair the structural strength of the Building or reduce its valueconnected with such work. Tenant shall pay not permit the full cost Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant Change and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give Landlord to Landlord, within fifteen (15) days after Tenant receives notice of said lien, such reasonable security as may be requested by reasonably satisfactory to Landlord to insure assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such cost. With respect to any Tenant Changesecurity or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for final costs and expenses incurred in connection therewith, which expenses shall include any reasonable attorneys' fees, paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or obligation to make any replacement or repair thereto, whether pursuant to Section 10 release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
Appears in 1 contract
Tenant Alterations and Additions. Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Tenant's Change"), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not unreasonably to withhold) and Mortgagee's prior written consent (if such consent is required). Tenant shall furnish Landlord with a full set of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such request. As part of its approval process, Landlord may require that Tenant submit plans and specifications for any Tenant's change prior to the commencement thereof together with an original builder's risk policy of insurance in form and amount of coverage reasonably acceptable to Landlord, for Landlord's approval showing Tenant as named insured, and to deliver to Landlord “and Mortgagee as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contrary, the term Tenant Change shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveloss payees. All Tenant Changes Tenant's changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. materials and, upon completion of any Tenant's change, Tenant shall maintain insurance reasonably satisfactory furnish to Landlord during "as-built" drawings showing the construction location and type thereof. If Landlord at the time of all giving Its approval to any Tenant's change notifies Tenant Changes that approval is conditioned upon restoration, then upon written request of Landlord, Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and upon the termination of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant's Change. No Tenant Tenant's Change shall be structural in nature or impair the structural strength of the Building or reduce its Its value. , Tenant shall take or cause to be taken all steps that are required or permitted by law in order to avoid the imposition of any materialmen's or mechanics' liens upon the Building or the Demised Premises, and Tenant shall pay the full cost of any Tenant Tenant's Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect Except as otherwise provided herein and in Paragraph 12 hereof, all Tenant's Changes and all repairs and all other property attached to any or installed on the Demised Premises by or an behalf of Tenant Change, shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of the Term of this Lease. Landlord shall have no duty or obligation to make any Tenant's Change, replacement or repair thereto, whether pursuant to Section 10 of this Lease or as required to comply with any law or otherwisethe Building, whether interior or exterior, structural or nonstructuralnon-structural, ordinary or extraordinary, or to maintain the Demised Premises.
Appears in 1 contract
Tenant Alterations and Additions. (a) Except as otherwise set forth below, Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Change"), without first obtaining on each occasion Landlord's prior written consent; provided, howeverwhich shall not be unreasonably withheld, that Tenant shall have the rightconditioned or delayed with respect to interior, without the prior written consent of Landlord, to make non-structural alterations. Notwithstanding the foregoing, Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of such request; providedmay, however, that without Landlord’s failure written approval, make cosmetic or decorative changes to timely respond the Premises such as painting, carpeting and wall coverings, provided in each case that (i) such cosmetic or decorative changes (A) comply with all Legal Requirements and (B) do not require any municipal permits, approvals or signoffs, and (ii) Tenant has satisfied all of the insurance requirements with respect to a Tenant Change request shall be deemed a rejection of the contractors, subcontractors and laborers performing such requestwork as provided below. As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, Landlord for Landlord's approval and to deliver to approval. Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following shall have the substantial completion hereof. Notwithstanding any other provision of this Lease to the contrary, the term Tenant Change shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenantright, at least any time within thirty (30) calendar days prior after receipt of all such information and documentation, to the end of the Term, give written notice to Tenant that such Tenant Change must be left in removed at the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon end of the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveTerm. All Tenant Changes shall be performed in accordance with all legal requirements Legal Requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant Changes with respect to all contractors, subcontractors and shall provide laborers performing such work. If Landlord with evidence thereof satisfactory at the time of giving its approval to Landlord any Tenant Change notifies Tenant that approval is conditioned upon restoration, then upon written request of Landlord, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Premises to its condition prior to the commencement of constructionsuch Tenant Change. No Tenant Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect to Except as provided in Section 16 hereof, whether or not Landlord has required removal of any one or more Tenant ChangeChanges, Landlord Tenant shall have the right, so long as no duty or obligation Event of Default has occurred, to make any replacement or repair theretoremove all Tenant Changes prior to the end of the Term, whether pursuant at the expense of Tenant, and restore the Premises to Section 10 of this Lease or as required the condition in which it existed prior to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinary.the Tenant Change which is so
Appears in 1 contract
Tenant Alterations and Additions. (a) Any alteration, improvement, or addition to the Demised Premises performed by Tenant pursuant to this Section 19 is hereinafter referred to as a "Tenant Change". Subject to compliance with the provisions of this Section 19, Tenant shall, so long as Tenant maintains the Minimum Net Worth, have the right to undertake Tenant Changes without the prior consent of Landlord, but subject to compliance with all the provisions of this Section 19, if, and only if, (i) the Tenant Change affects only the interior of the Demised Premises, (ii) the Tenant Change does not affect the roof or any structural element of the Demised Premises and (iii) the Tenant Change does not alter any of the utility systems of the Building; provided, however, that, not less than ten (10) calendar days prior to commencing the performance of any Tenant Change which Tenant has determined does not require the prior consent of Landlord, Tenant shall give Landlord prior written notice of the intended Tenant Change, which notice must describe the nature of the work to be perfomed with sufficient detail to enable Landlord to determine that the requirements of this Section 19 have been satisfied. Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "other Tenant Change"), Change without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not unreasonably to withhold) and Mortgagee's prior written consent of Landlord, (if such consent is required). With respect to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one such Tenant Change and less than $100,000.00 in the aggregate over the Term. requiring Landlord's prior written consent, Tenant shall furnish Landlord shall approve or reject with a Tenant Change request within ten (10) business days after receipt full set of written notice of such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such request. As part of its approval process, Landlord may require that Tenant submit plans and specifications for any such Tenant Change prior to the commencement thereof together with an original builder's risk policy of insurance in form and amount of coverage reasonably acceptable to Landlord, for showing Tenant as named insured, and Landlord and Mortgagee (if applicable) as loss payees. If Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contrary, the term Tenant Change shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall be required to remove all Tenant Changes to the Demised Premises at the end time of the Term unless Landlord provides giving its approval to any Tenant Change, notifies Tenant that approval is conditioned upon restoration, then upon written notice to Tenant, at least thirty (30) calendar days prior to the end request of the Term, that such Tenant Change must be left in the Demised Premises. AccordinglyLandlord, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change, ordinary wear and tear excepted. Any Tenant Change unless notified not requiring the consent of Landlord and which is performed or undertaken by Tenant must, absent written agreement by Landlord to the contrary by Landlord contrary, be fully removed from the Demised Premises prior to the end of the Term and the Demised Premises must be restored to its condition prior to such Tenant Change, ordinary wear and tear excepted. The term "Tenant Change", as provided above. used in this Lease, does not include either the Allowance Work or the Tenant's Work.
(b) All Tenant Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. materials having a quality not lower than the quality of materials used in the Building and, upon completion of any Tenant Change, Tenant shall maintain insurance reasonably satisfactory furnish to Landlord during "as-built" drawings showing the construction of all Tenant Changes location and shall provide Landlord with evidence thereof satisfactory to Landlord prior to the commencement of constructiontype thereof. No Tenant Change shall be structural in nature or impair the structural strength of the Building or reduce its value. , Tenant shall take or cause to be taken all steps that are required or permitted by law in order to avoid the imposition of any materialmen's or mechanics' liens upon the Building or the Demised Premises, and Tenant shall pay the full cost of any Tenant Change Change.If, but only if, the stockholder equity of Tenant is less than the Minimum Net Worth, Landlord shall have the right to require from Tenant, as a condition of granting its consent, reasonable security, such as payment and shall give Landlord such reasonable security as may be requested by Landlord performance bonds, to insure payment of such costthe cost of the requested Tenant Change. Subject to the obligation of Tenant to remove Tenant Changes in the manner described above in this Section 19, Tenant Changes shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of the Term. With respect to any Tenant Change, whether or not requiring Landlord's prior consent, Landlord shall have no duty or obligation to make any replacement or repair thereto, whether pursuant to Section 10 of this Lease interior or exterior, structural or non- structural, ordinary or extraordinary or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinarylaw.
Appears in 1 contract
Samples: Build to Suit Lease Agreement (Petco Animal Supplies Inc)
Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (other than those modifications the cost of which does not exceed $15,000 per project and which do not involve modifications to the roof, exterior walls, foundation, structural supports or HVAC and plumbing systems of the Building) (each such alteration, improvement or addition, other than the excluded modifications, is referred to herein as a "Tenant “Tenant’s Change"”), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the ’s prior written consent (which consent Landlord agrees not to unreasonably withhold). The installation and removal of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 Tenant’s trade fixtures within or from the Demised Premises shall not constitute a “Tenant’s Change” for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestpurposes hereof. As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's ’s approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant’s Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant’s Changes. Any request from Tenant Changes for approval of a proposed Tenant’s Change shall include a request for Landlord to determine whether Landlord will require such Tenant’s Change to be removed at the expiration of the Lease as a condition to such approval. If Landlord at the time of giving its approval to any Tenant’s Change notifies Tenant in writing that approval is not conditioned upon removal of Tenant’s Change at the termination or expiration of this Lease, then Tenant shall not be required to remove the applicable Tenant’s Change at the termination or expiration of this Lease; provided, however, that if such approval is conditioned on removal, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and at Landlord’s option upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant’s Change. No Tenant Tenant’s Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant Tenant’s Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect Except as otherwise provided herein and in Section 12, all Tenant’s Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant’s contracts and subcontracts for such Tenant’s Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant’s leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless from, and defend against (with legal counsel acceptable to Landlord) all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics’, laborers’ or materialmen’s lien on account of labor, material or services furnished to Tenant Changeor claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord, within fifteen days after demand, such security as may be reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord’s interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys’ fees, paralegals’ fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or obligation to make any replacement or repair thereto, whether pursuant to Section 10 release of the lien. Nothing contained in this Lease shall be construed as consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
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Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant “Tenant’s Change"”), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the ’s prior written consent of Landlord, (which consent Landlord agrees not to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change unreasonably withhold) and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten Lender’s prior written consent (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's ’s approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant’s Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant’s Changes. If Landlord at the time of giving its approval to any Tenant’s Change notifies Tenant Changes in writing that approval is not conditioned upon removal of Tenant’s Change at the termination or expiration of this Lease, then Tenant shall not be required to remove the applicable Tenant’s Change at the termination or expiration of this Lease; provided, however, that absent a written confirmation that approval is not conditioned on removal, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and at Landlord’s option upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant’s Change. No Tenant Tenant’s Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant Tenant’s Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect Except as otherwise provided herein and in Section 12, all Tenant’s Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease. Notwithstanding anything herein to the contrary, Tenant shall be allowed to make minor, nonstructural Tenant’s Changes to the interior of the Demised Premises costing less than $25,000.00 individually, and $50,000.00 in the aggregate during any calendar year (each a “Non-Structural Change”) without obtaining Landlord’s prior consent; provided, however, that Tenant shall, within thirty (30) days after the completion of said Non-Structural Change, provide Landlord with written description of said Non-Structural Change and evidence reasonably acceptable to Landlord of the cost/value thereof. Tenant shall, at its sole cost and expense and at Landlord’s option upon the termination or expiration of this Lease, remove all Non-Structural Changes and restore the Demised Premises to its condition prior to such Non-Structural Changes.
(b) To the extent permitted by law, all of Tenant’s contracts and subcontracts for such Tenant’s Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless from, and defend against (with legal counsel acceptable to Landlord) all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics’, laborers’ or materialmen’s lien on account of labor, material or services furnished to Tenant Changeor claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord, within fifteen (15) days after demand, such security as may be reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord’s interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys’ fees, paralegals’ fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or obligation to make any replacement or repair thereto, whether pursuant to Section 10 release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
Appears in 1 contract
Samples: Industrial Lease Agreement (Dirtt Environmental Solutions LTD)
Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Tenant's Change"), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not to unreasonably withhold) and Lender's prior written consent of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant's Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant's Changes. If Landlord at the time of giving its approval to any Tenant's Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and at Landlord's option upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to such Tenant's Change. Tenant shall have the commencement right to request that Landlord make the determination as to whether approval is conditioned on restoration, at the time approval is given; if Tenant does make such a request by Landlord, Landlord will make the determination and notify Tenant of constructionsame. No Tenant Landlord may withhold consent to any Tenant's Change shall be that affect the roof of the Building or which is structural in nature or impair impairs the structural strength of the Building Building, in Landlord’s sole discretion, or reduce reduces its value, in Landlord’s reasonable discretion. Tenant shall pay the full cost of any Tenant's Change. Except as otherwise provided herein and in Section 12, or as otherwise agreed at the time of a Tenant’s Change is approved, all Tenant's Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant Change (excluding racks, conveyers and related equipment) shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant's Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless from, and defend against (with legal counsel acceptable to Landlord) all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give Landlord to Landlord, within fifteen days after demand, such reasonable security as may be requested by reasonably satisfactory to Landlord to insure assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such cost. With respect to any Tenant Changesecurity or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys' fees, paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or obligation to make any replacement or repair thereto, whether pursuant to Section 10 release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
Appears in 1 contract
Tenant Alterations and Additions. Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Change"), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the prior written consent of Landlord, to make non-structural Tenant Changes which are nonstructural and which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 50,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such request. As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following or disapproval, which approval shall not be unreasonably withheld. For Tenant Changes which do not require the substantial completion hereof. Notwithstanding any other provision prior written approval of this Lease to the contraryLandlord, the term Tenant Change shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides nevertheless give prompt written notice to TenantLandlord of such Tenant Change and provide such information and documentation as may be reasonably necessary for Landlord to ascertain that the Tenant Change does not require prior approval by Landlord; Landlord shall have the right, at least thirty any time within fifteen (3015) calendar days prior after receipt of all such information and documentation, to the end of the Term, give written notice ("Removal Notice") to Tenant that such Tenant Change must be left in removed at the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon end of the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveTerm. All Tenant Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materialsgood quality, newmaterials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant Changes Changes. If Landlord at the time of giving its approval to any Tenant Change notifies Tenant that approval is conditioned upon restoration, then upon written request of Landlord, Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and upon the termination of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to such Tenant Change. Any Tenant Change which does not require the commencement prior written approval of constructionLandlord, but as to which a Removal Notice was given, must be removed at the end of the Term and the Demised Premises shall likewise be restored to its condition prior to such Tenant Change. No Tenant Change shall be structural in nature or impair the structural strength of the Building or reduce its valueBuilding. Tenant shall pay the full cost of any Tenant Change and and, with respect to any single Tenant Change having a cost in excess of $50,000.00, shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. Whether or not Landlord has required removal of any one or more Tenant Changes, Tenant shall have the right, so long as no Event of Default has occurred and is then continuing, to remove all Tenant Changes prior to the end of the Term, at the expense of Tenant, and restore the Demised Premises to the condition in which it existed prior to the Tenant Change which is so removed, normal wear and tear excepted. With respect to any Tenant Change, whether or not requiring Landlord's prior written approval, Landlord shall have no duty or obligation to make any replacement or repair thereto, whether pursuant to Section 10 of this Lease or as required to comply with any law or otherwise, as whether interior or exterior, structural or nonstructural, ordinary or extraordinaryextraordinary or a required to comply with any law.
Appears in 1 contract
Samples: Lease Agreement (I Flow Corp /Ca/)
Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Tenant's Change"), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not to unreasonably withhold) and Lender's prior written consent of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant's Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant's Changes. If Landlord at the time of giving its approval to any Tenant's Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and at Landlord's option upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant's Change. No Tenant Tenant's Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant Tenant's Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect Except as otherwise provided herein and in Section 12, all Tenant's Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant's Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant Changeor claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord, within fifteen days after demand, such security as may be reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys' fees, paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or obligation to make any replacement or repair thereto, whether pursuant to Section 10 release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
Appears in 1 contract
Samples: Industrial Lease Agreement (Rockwell Medical Technologies Inc)
Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Tenant's Change"), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not to unreasonably withhold) and Lender's prior written consent of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant's Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-first- class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant's Changes. If Landlord at the time of giving its approval to any Tenant's Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant's Change. No Tenant Tenant's Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant Tenant's Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect Except as otherwise provided herein and in Section 12, all Tenant's Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant's Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provison. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant Changeor claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that -------- ------- Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord, within fifteen days after demand, such security as may be reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Demised Premises by reason of non-payment thereof, provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys' fees, paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to a discharge or obligation to make any replacement or repair thereto, whether pursuant to Section 10 release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
Appears in 1 contract
Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant “Tenant’s Change"”), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the ’s prior written consent of Landlord, (which consent Landlord agrees not to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change unreasonably withhold) and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten Lender’s prior written consent (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's ’s approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant’s Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant’s Changes. If Landlord at the time of giving its approval to any Tenant’s Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and at Landlord’s option upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant’s Change. No Tenant Tenant’s Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant Tenant’s Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect Except as otherwise provided herein and in Section 12, all Tenant’s Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant’s contracts and subcontracts for such Tenant’s Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant’s leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless from, and defend against (with legal counsel acceptable to Landlord) all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics’, laborers’ or materialmen’s lien on account of labor, material or services furnished to Tenant Changeor claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord, within fifteen days after demand, such security as may be reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord’s interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest xxxx xxxx, Xxxxxxxx may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys’ fees, paralegals’ fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or hereafter existing of the state in which the Demised Premises are located, including, but not limited to the Construction Lien Law of the State of Florida, for Demised Premises in the State of Florida. For Demised Premises which are located in the State of Florida, Landlord shall have no duty or hereby advises Tenant that pursuant to the provisions of Chapter 713, Florida Statutes, Tenant has the obligation to make any replacement or repair thereto, whether pursuant to Section 10 advise Tenant’s contractors of the existence of this Lease or as required Section of the Lease. If Tenant fails to comply so notify Tenant’s contractors, it may render Tenant’s contract(s) with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinarysuch contractors voidable at the option of Tenant’s contractors.
Appears in 1 contract
Tenant Alterations and Additions. (a) Except for decorative furnishings or fixtures, Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Tenant's Change"), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not to unreasonably withhold) and Lender's prior written consent of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant's Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant's Changes. If Landlord at the time of giving its approval to any Tenant's Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and at Landlord's option upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant's Change. No Tenant Tenant's Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant Tenant's Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect Except as otherwise provided herein and in Section 12, all Tenant's Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant's Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant Changeor claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that -------- ------- Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord, within fifteen days after demand, such security as may be reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys' fees, paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or hereafter existing of the state in which the Demised Premises are located, including, but not limited to the Construction Lien Law of the State of Florida, for Demised Premises in the State of Florida. For Demised Premises which are located in the State of Florida, Landlord hereby advises Tenant that pursuant to the provisions of Chapter 713, Florida Statutes, Tenant has the obligation to make any replacement or repair thereto, whether pursuant to Section 10 advise Tenant's contractors of the a-11 existence of this Lease or as required Section of the Lease. If Tenant fails to comply so notify Tenant's contractors, it may render Tenant's contract(s) with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinarysuch contractors voidable at the option of Tenant's contractors.
Appears in 1 contract
Samples: Industrial Lease Agreement (D & K Healthcare Resources Inc)
Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions (including the construction of additional office space) to the Demised Premises (a "Tenant Tenant's Change"), without first obtaining on each occasion Landlord's prior written consentconsent (which consent Landlord agrees not to unreasonably withhold) and Lender's prior written consent (if such consent is required); provided, however, that Tenant shall have the right, right without the Landlord's (or Lender's) prior written consent of Landlord, to make a Tenant's Change that is non-structural Tenant Changes which require and that requires an expenditure of less than $10,000.00 50,000.00 for any one Tenant Tenant's Change and less than $100,000.00 250,000.00 in the aggregate over for the Term. Landlord shall approve , provided that Tenant shall, at Landlord's request, remove any such non- structural Tenant's Change and restore the Demised Premises to its condition prior to such non-structural Tenant's Change upon the termination or reject a Tenant Change request within ten (10) business days after receipt expiration of written notice of such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestthis Lease. As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant's Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant's Changes. If Landlord at the time of giving its approval to any Tenant's Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and at Landlord's option upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to such Tenant's Change. If Landlord fails to notify Tenant as aforesaid that Landlord's approval is conditioned upon restoration, Tenant shall not be required to remove the commencement Tenant's Change upon the termination or expiration of constructionthis Lease. No Tenant Tenant's Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant's Change. Landlord acknowledges that the restrictions on Tenant making a Tenant's Change set forth in this subsection (a) shall not affect Tenant's right to install in, and remove from, the Demised Premises trade fixtures and equipment required by Tenant or used by it in its business, in accordance with Section 12 hereinabove, or Tenant's right to reconfigure such trade fixtures and equipment. Except as otherwise provided herein and in Section 12, all Tenant's Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant's Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that -------- ------- Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give Landlord to Landlord, within thirty days after demand, such reasonable security as may be requested by reasonably satisfactory to Landlord to insure assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such costsecurity or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys' fees, paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or release of the lien. With respect Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or hereafter existing of the state in which the Demised Premises are located.
(c) Provided Tenant complies with this Section 18, upon Tenant's request, Landlord shall, at Tenant's sole cost and expense (i) join in any applications for any permits, approvals or certificates required to be obtained from any governmental authorities in connection with any Tenant's Change, (ii) sign such applications reasonably promptly after request by Tenant; provided, that (A) Landlord's signature on such application is required by the applicable governmental authority, and (B) such application is reasonably acceptable to Landlord, and (iii) otherwise reasonably cooperate with Tenant in connection with such applications of Tenant; provided, however, that Landlord shall have no duty not be obligated to incur any cost or obligation to make expense, including, without limitation, reasonable attorneys' fees and disbursements, or suffer or incur any replacement or repair thereto, whether pursuant to Section 10 of this Lease or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryliability in connection therewith.
Appears in 1 contract
Tenant Alterations and Additions. (a) Any alteration, improvement, or addition to the Demised Premises performed by Tenant pursuant to this Section 19 is hereinafter referred to as a "Tenant Change". Subject to compliance with the provisions of this Section 19, Tenant shall, so long as Tenant maintains the Minimum Net Worth, have the right to undertake Tenant Changes without the prior consent of Landlord, but subject to compliance with all the provisions of this Section 19, if, and only if, (i) the Tenant Change affects only the interior of the Demised Premises, (ii) the Tenant Change does not affect the roof or any structural element of the Demised Premises and (iii) the Tenant Change does not alter any of the utility systems of the Building; provided, however, that, not less than ten (10) calendar days prior to commencing the performance of any Tenant Change which Tenant has determined does not require the prior consent of Landlord, Tenant shall give Landlord prior written notice of the intended Tenant Change, which notice must describe the nature of the work to be perfomed with sufficient detail to enable Landlord to determine that the requirements of this Section 19 have been satisfied. Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "other Tenant Change"), Change without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not unreasonably to withhold) and Mortgagee's prior written consent of Landlord, (if such consent is required). With respect to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one such Tenant Change and less than $100,000.00 in the aggregate over the Term. requiring Landlord's prior written consent, Tenant shall furnish Landlord shall approve or reject with a Tenant Change request within ten (10) business days after receipt full set of written notice of such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such request. As part of its approval process, Landlord may require that Tenant submit plans and specifications for any such Tenant Change prior to the commencement thereof together with an original builder's risk policy of insurance in form and amount of coverage reasonably acceptable to Landlord, for showing Tenant as named insured, and Landlord and Mortgagee (if applicable) as loss payees. If Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contrary, the term Tenant Change shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall be required to remove all Tenant Changes to the Demised Premises at the end time of the Term unless Landlord provides giving its approval to any Tenant Change, notifies Tenant that approval is conditioned upon restoration, then upon written notice to Tenant, at least thirty (30) calendar days prior to the end request of the Term, that such Tenant Change must be left in the Demised Premises. AccordinglyLandlord, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change, ordinary wear and tear excepted. Any Tenant Change unless notified not requiring the consent of Landlord and which is performed or undertaken by Tenant must, absent written agreement by Landlord to the contrary by Landlord contrary, be fully removed from the Demised Premises prior to the end of the Term and the Demised Premises must be restored to its condition prior to such Tenant Change, ordinary wear and tear excepted. The term "Tenant Change", as provided above. used in this Lease, does not include either the Allowance Work or the Tenant's Work.
(b) All Tenant Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. materials having a quality not lower than the quality of materials used in the Building and, upon completion of any Tenant Change, Tenant shall maintain insurance reasonably satisfactory furnish to Landlord during "as-built" drawings showing the construction of all Tenant Changes location and shall provide Landlord with evidence thereof satisfactory to Landlord prior to the commencement of constructiontype thereof. No Tenant Change shall be structural in nature or impair the structural strength of the Building or reduce its value. , Tenant shall take or cause to be taken all steps that are required or permitted by law in order to avoid the imposition of any materialmen's or mechanics' liens upon the Building or the Demised Premises, and Tenant shall pay the full cost of any Tenant Change Change.If, but only if, the stockholder equity of Tenant is less than the Minimum Net Worth, Landlord shall have the right to require from Tenant, as a condition of granting its consent, reasonable security, such as payment and shall give Landlord such reasonable security as may be requested by Landlord performance bonds, to insure payment of such costthe cost of the requested Tenant Change. Subject to the obligation of Tenant to remove Tenant Changes in the manner described above in this Section 19, Tenant Changes shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of the Term. With respect to any Tenant Change, whether or not requiring Landlord's prior consent, Landlord shall have no duty or obligation to make any replacement or repair thereto, whether pursuant to Section 10 of this Lease interior or exterior, structural or non-structural, ordinary or extraordinary or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinarylaw.
Appears in 1 contract
Tenant Alterations and Additions. (a) Except for non-structural changes costing less than $25,000.00 individually, and $150,000.00 in the aggregate over the Term, Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant “Tenant’s Change"”), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the ’s prior written consent of Landlord(which consent Landlord agrees not to unreasonably withhold, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change condition or delay) and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten Lender’s prior written consent (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's ’s approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant’s Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant’s Changes. If Landlord at the time of giving its approval to any Tenant’s Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and at Landlord’s option upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant’s Change. No Tenant Tenant’s Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant Tenant’s Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect Except as otherwise provided herein and in Section 12, all Tenant’s Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease. Notwithstanding anything herein to the contrary, the term “Tenant’s Change” shall not be construed to include the initial Improvements to be constructed by Landlord pursuant to this Lease in accordance with Exhibit B hereto.
(b) To the extent permitted by law, all of Tenant’s contracts and subcontracts for such Tenant’s Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant’s leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless from, and defend against (with legal counsel acceptable to Landlord) all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics’, laborers’ or materialmen’s lien on account of labor, material or services furnished to Tenant Changeor claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord, within fifteen days after demand, such security as may be reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord’s interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys’ fees, paralegals’ fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or obligation to make any replacement or repair thereto, whether pursuant to Section 10 release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
Appears in 1 contract
Tenant Alterations and Additions. (a) Except as hereinafter expressly provided to the contrary, Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant “Tenant’s Change"”), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the ’s prior written consent (which consent Landlord agrees not to unreasonably withhold, delay or condition). For purposes of the foregoing, a Tenant’s Change does not include any alterations, improvements or changes made by Tenant in connection with its maintenance and repair obligations hereunder or any cosmetic changes such as interior re-painting or re-carpeting the Demised Premises. Landlord, to make non-structural Tenant Changes ’s consent shall not be required for alterations which require an expenditure of cost less than $10,000.00 for any one Tenant Change and less than $100,000.00 25,000.00 individually or, in the aggregate over the Term, total less than $250,000.00 and which (i) do not affect or alter any structural element of the Building and (ii) do not require any penetration of the roof deck or membrane of the Building or the placement or installation of any improvement or equipment of any kind on an exterior wall or roof of the Building. If Tenant desires to undertake a Tenant’s Change which does not require the consent of Landlord, Tenant shall, nevertheless, submit to Landlord shall approve or reject a Tenant plans and specifications for such Tenant’s Change request within not less than ten (10) business days after receipt prior to commencement of written notice of such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestany work. As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's ’s approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord not be unreasonably withheld, delayed or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveconditioned. All Tenant Tenant’s Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant Changes and shall provide Landlord with evidence thereof satisfactory to Landlord prior to the commencement of constructionTenant’s Changes. No Tenant Tenant’s Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant Tenant’s Change and and, as to each alteration which exceeds $25,000.00, shall either give Landlord such reasonable security as may be reasonably requested by Landlord to insure payment of such cost, or provide Landlord such information as Landlord may reasonably request to confirm the financial capability of Tenant to make timely payment of all costs related to the Tenant’s Change in question. With respect If Landlord at the time of giving its approval to any Tenant’s Change notifies Tenant in writing that approval is not conditioned upon removal of Tenant’s Change at the termination or expiration of this Lease, then Tenant shall not be required to remove the applicable Tenant’s Change at the termination or expiration of this Lease; provided, however, that absent a written confirmation that approval is not conditioned on removal, then Tenant shall, at its sole cost and expense and at Landlord’s option upon the termination or expiration of this Lease, remove the same and repair any damage to the Demised Premises caused by such removal work. So long as Tenant specifically so requests, in its request for initial approval of a proposed Tenant’s Change, Landlord will specify in any approval by Landlord of a proposed Tenant’s Change whether or not the Tenant’s Change must be removed at the end of the Term. Tenant shall, upon the expiration or termination of this Lease, remove any of Tenant’s Changes which were undertaken by Tenant but did not require the consent of Landlord, and shall repair any damage to the Demised Premises caused by such removal work; provided that, if Tenant specifically so requests in the submission to Landlord of the plans and specifications required above, Landlord will, within ten (10) business days after receipt of the plans and specifications, give written notice to Tenant whether or not the proposed Tenant’s Change must be removed at the end of the Term. As provided in Section 17(d) above, all Tenant’s Changes shall be the property of Tenant and shall not become Landlord’s property until expiration of this Lease.
(b) To the extent permitted by law, all of Tenant’s contracts and subcontracts for such Tenant’s Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless from, and defend against (with legal counsel acceptable to Landlord) all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics’, laborers’ or materialmen’s lien on account of labor, material or services furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have no duty the right to contest, in good faith and with reasonable diligence, the validity of any such lien or obligation claimed lien if Tenant shall give to make Landlord, within fifteen (15) days after demand, such security as may be reasonably satisfactory to Landlord to assure payment thereof and to prevent any replacement sale, foreclosure, or repair theretoforfeiture of Landlord’s interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, whether pursuant Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to Section 10 post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall reimburse Landlord upon demand for all actual and reasonable costs and expenses incurred in connection therewith, which expenses shall include any attorneys’ fees, paralegals’ fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
Appears in 1 contract
Samples: Industrial Lease Agreement (Elevance Renewable Sciences, Inc.)
Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Tenant's Change"), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not to unreasonably withhold) and Lender's prior written consent of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant's Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant's Changes. If Landlord at the time of giving its approval to any Tenant's Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and at Landlord's option upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant's Change. No Tenant Landlord may withhold consent to any Tenant's Change shall be which is structural in nature or impair impairs the structural strength of the Building Building, in Landlord's sole discretion, or reduce reduces its value, in Landlord's reasonable discretion. Tenant shall pay the full cost of any Tenant's Change. Except as otherwise provided herein and in Section 12, or as otherwise agreed at the time of a Tenant's Change is approved, all Tenant's Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant Change (excluding racks, conveyers and related equipment) shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant's Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless from, and defend against (with legal counsel acceptable to Landlord) all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give Landlord to Landlord, within fifteen days after demand, such reasonable security as may be requested by reasonably satisfactory to Landlord to insure assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such cost. With respect to any Tenant Changesecurity or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys' fees, paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or obligation to make any replacement or repair thereto, whether pursuant to Section 10 release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
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Tenant Alterations and Additions. (a) Except for interior, non-structural improvements costing less than $50,000 each, and $100,000 in the aggregate, Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Tenant's Change"), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not to unreasonably withhold) and Lender's prior written consent of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant's Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant's Changes. If Landlord at the time of giving its approval to any Tenant's Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant's Change. No Tenant Unless consented to in writing by Landlord, no Tenant's Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant Tenant's Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect Except as otherwise provided herein and in Section 12, all Tenant's Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant's Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant Changeor claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; PROVIDED, HOWEVER, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord, within fifteen days after demand, such security as may be reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any reasonable attorneys' fees, paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or hereafter existing of the state in which the Demised Premises are located, including, but not limited to the Construction Lien Law of the State of Florida, for Demised Premises in the State of Florida. For Demised Premises which are located in the State of Florida, Landlord hereby advises Tenant that pursuant to the provisions of Chapter 713, Florida Statutes, Tenant has the obligation to make any replacement or repair thereto, whether pursuant to Section 10 advise Tenant's contractors of the existence of this Lease or as required Section of the Lease. If Tenant fails to comply so notify Tenant's contractors, it may render Tenant's contract(s) with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinarysuch contractors voidable at the option of Tenant's contractors.
Appears in 1 contract
Tenant Alterations and Additions. Tenant shall not make or permit (a) Except as to be made any nonstructural alterations, improvements, or additions to the Demised Premises (collectively a "Tenant Change"), which Tenant Changes individually cost less than $5,000.00 and in the aggregate over the Term total less than $25,000.00, Tenant shall not make or permit to be made any other Tenant Change without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not unreasonably to withhold) and Mortgagee's prior written consent of Landlord, (if such consent is required). With respect to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one such Tenant Change and less than $100,000.00 in the aggregate over the Term. requiring Landlord's prior written consent, Tenant shall furnish Landlord shall approve or reject with a Tenant Change request within ten (10) business days after receipt full set of written notice of such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such request. As part of its approval process, Landlord may require that Tenant submit plans and specifications for any such Tenant Change prior to the commencement thereof together with an original builder's risk policy of insurance in form and amount of coverage reasonably acceptable to Landlord, for showing Tenant as named insured, and Landlord and Mortgagee (if applicable) as loss payees. If Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contrary, the term Tenant Change shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall be required to remove all Tenant Changes to the Demised Premises at the end time of the Term unless Landlord provides giving its approval to any Tenant Change, notifies Tenant that approval is conditioned upon restoration, then upon written notice to Tenant, at least thirty (30) calendar days prior to the end request of the Term, that such Tenant Change must be left in the Demised Premises. AccordinglyLandlord, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided above. Change.
(b) All Tenant Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. materials and, upon completion of any Tenant Change, Tenant shall maintain insurance reasonably satisfactory furnish to Landlord during "as-built" drawings showing the construction of all Tenant Changes location and shall provide Landlord with evidence thereof satisfactory to Landlord prior to the commencement of constructiontype thereof. No Tenant Change shall be structural in nature or impair the structural strength of the Building or reduce its value. , Tenant shall take or cause to be taken all steps that are required or permitted by law in order to avoid the imposition of any materialmen's or mechanics' liens upon the Building or the Demised Premises, and Tenant shall pay the full cost of any Tenant Change and Tenant shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. Except as otherwise provided herein and in Section 12 hereof, all Tenant Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of the Term. With respect to any Tenant Change, whether or not requiring Landlord's prior consent, Landlord shall have no duty or obligation to make any replacement or repair thereto, whether pursuant to Section 10 of this Lease interior or exterior, structural or non-structural, ordinary or extraordinary or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinarylaw.
Appears in 1 contract
Samples: Build to Suit Industrial Lease Agreement (Wells Real Estate Fund Ix Lp)
Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (other than those modifications the cost of which does not exceed $15,000 per project and which do not involve modifications to the roof, exterior walls, foundation, structural supports or HVAC and plumbing systems of the Building) (each such alteration, improvement or addition, other than the excluded modifications, is referred to herein as a "Tenant “Tenant’s Change"”), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the ’s prior written consent (which consent Landlord agrees not to unreasonably withhold). The installation and removal of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 Tenant’s trade fixtures within or from the Demised Premises shall not constitute a “Tenant’s Change” for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestpurposes hereof. As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's ’s approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant’s Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant’s Changes. Any request from Tenant Changes for approval of a proposed Tenant’s Change shall include a request for Landlord to determine whether Landlord will require such Tenant’s Change to be removed at the expiration of the Lease as a condition to such approval. If Landlord at the time of giving its approval to any Tenant’s Change notifies Tenant in writing that approval is not conditioned upon removal of Tenant’s Change at the termination or expiration of this Lease, then Tenant shall not be required to remove the applicable Tenant’s Change at the termination or expiration of this Lease; provided, however, that if such approval is conditioned on removal, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and at Landlord’s option upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant’s Change. No Tenant Tenant’s Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant Tenant’s Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect Except as otherwise provided herein and in Section 12, all Tenant’s Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant’s contracts and subcontracts for such Tenant’s Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant’s leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless from, and defend against (with legal counsel acceptable to Landlord) all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics’, laborers’ or materialmen’s lien on account of labor, material or services furnished to Tenant Changeor claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord, within fifteen days after demand, such security as may be reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord’s interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys’ fees, paralegals’ fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or obligation to make any replacement or repair thereto, whether pursuant to Section 10 release of the lien. Nothing contained in this Lease shall be construed as consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
Appears in 1 contract
Tenant Alterations and Additions. (a) Except as to any nonstructural alterations, improvements or additions to the Demised Premises (collectively a "Tenant Change"), which Tenant changes individually cost less than $20,000.00 and in the aggregate over the Term total less than $200,000.00, Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "other Tenant Change"), Change without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not unreasonably to withhold) and Mortgagee's prior written consent of Landlord, (if such consent is required). With respect to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one such Tenant Change and less than $100,000.00 in the aggregate over the Term. requiring Landlord's prior written consent, Tenant shall furnish Landlord shall approve or reject with a Tenant Change request within ten (10) business days after receipt full set of written notice of such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such request. As part of its approval process, Landlord may require that Tenant submit plans and specifications for any such Tenant Change prior to the commencement thereof together with an original builder's risk policy of insurance in form and amount of coverage reasonably acceptable to Landlord, for showing Tenant as named insured, and Landlord and Mortgagee (if applicable) as loss payees. If Landlord's , a the time of giving his approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision Tenant Change, notifies Tenant that approval is conditioned upon restoration, then upon written request of this Lease to the contrary, the term Tenant Change shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. AccordinglyLandlord, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided above. Change.
(b) All Tenant Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. materials and, upon completion of any Tenant Change, Tenant shall maintain insurance reasonably satisfactory furnish to Landlord during "as-built" drawings showing the construction of all Tenant Changes location and shall provide Landlord with evidence thereof satisfactory to Landlord prior to the commencement of constructiontype thereof. No Tenant Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall take or cause to be taken all steps that are required or permitted by law in order to avoid the imposition of any materialmen's or mechanics' liens upon the Building or the Demised Premises, and Tenant shall pay the full cost of any Tenant Change Change. Except as otherwise provided herein and in Section 12 hereof, all Tenant Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall give immediately upon the expiration or earlier termination of the Term be and become part of the Demised Premises surrendered to Landlord such reasonable security as may be requested by Landlord to insure payment upon the expiration or earlier termination of such costthe Term. With respect to any Tenant Change, whether or not requiring Landlord's prior consent, Landlord shall have no duty or obligation to make any replacement or repair thereto, whether pursuant to Section 10 of this Lease interior or exterior, structural or non-structural, ordinary or extraordinary or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinarylaw.
Appears in 1 contract
Tenant Alterations and Additions. Tenant shall not make or permit (a) Except as to be made any nonstructural alterations, improvements, or additions to the Demised Premises (collectively a "Tenant Change"), which Tenant Changes individually cost less than $50,000 and in the aggregate over the Term total less than $200,000, Tenant shall not make or permit to be made any other Tenant Change without first obtaining on each occasion Landlord's prior written consent; providedconsent (which consent Landlord agrees not to unreasonably withhold, however, that Tenant shall have the right, without the delay or condition) and Lender's prior written consent of Landlord, (if such consent is required). With respect to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one such Tenant Change and less than $100,000.00 in the aggregate over the Term. requiring Landlord's prior written consent, Tenant shall furnish Landlord shall approve or reject with a Tenant Change request within ten (10) business days after receipt full set of written notice of such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such request. As part of its approval process, Landlord may require that Tenant submit plans and specifications for any such Tenant Change prior to the commencement thereof together with an original builder's risk policy of insurance in form and amount of coverage reasonably acceptable to Landlord, for showing Tenant as named insured, and Landlord and Lender (if applicable) as loss payees. If Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contrary, the term Tenant Change shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall be required to remove all Tenant Changes to the Demised Premises at the end time of the Term unless Landlord provides giving its approval to any Tenant Change, notifies Tenant that approval is conditioned upon restoration, then upon written notice to Tenant, at least thirty (30) calendar days prior to the end request of the Term, that such Tenant Change must be left in the Demised Premises. AccordinglyLandlord, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided above. Change.
(b) All Tenant Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. materials and, upon completion of any Tenant Change, Tenant shall maintain insurance reasonably satisfactory furnish to Landlord during "as-built" drawings showing the construction of all Tenant Changes location and shall provide Landlord with evidence thereof satisfactory to Landlord prior to the commencement of constructiontype thereof. No Tenant Change shall be structural in nature or impair the structural strength of the Building or reduce its value. , Tenant shall take or cause to be taken all steps that are required or permitted by law in order to avoid the imposition of any materialmen's or mechanics' liens upon the Building or the Demised Premises, and Tenant shall pay the full cost of any Tenant Change Change. Except as otherwise provided herein and in Section 12 hereof, all Tenant Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall give be surrendered to Landlord such reasonable security as may be requested by Landlord to insure payment upon the expiration or earlier termination of such costthe Term. With respect to any Tenant Change, whether or not requiring Landlord's prior consent, Landlord shall have no duty or obligation to make any replacement or repair thereto, whether pursuant to Section 10 of this Lease interior or exterior, structural or non-structural, ordinary or extraordinary or as required to comply with any law.
(c) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord, within fifteen days after demand, such security as may be reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall reimburse Landlord upon demand for all reasonable costs and expenses incurred in connection therewith, which expenses shall include any attorneys' fees, paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
Appears in 1 contract
Samples: Industrial Lease Agreement (Global Directmail Corp)
Tenant Alterations and Additions. Except with respect to the initial Tenant Improvements called for in the Plans and Specifications therefor, Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises which would (a) affect any structural element of the Building; (b) reduce the load bearing capacity of any portion of the Building (other than by reason of the weight of the installations themselves, as long as total load capacity is not exceeded); (c) involve slab penetrations, roof penetrations or exterior wall penetrations (including glass, windows or storefront) in the Building; or (d) adversely affect (i) the functioning of the Building HVAC system, or the electrical, mechanical, plumbing, lighting, life safety or any other system of the Building or (ii) Landlord’s ability to delivery Building services to other tenants of the Building, (a "Tenant “Tenant’s Change"”), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the ’s prior written consent of Landlord(which consent Landlord agrees not unreasonably to withhold, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change condition or delay) and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten Lender’s prior written consent (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's ’s approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant’s Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and an workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant’s Changes. If Landlord at the time of giving its approval to any Tenant’s Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant’s Change. No Tenant Tenant’s Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant’s Change. Except as otherwise provided herein and in Section 12, all Tenant’s Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant Change shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall give be surrendered to Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect to any Tenant Change, Landlord shall have no duty upon the expiration or obligation to make any replacement or repair thereto, whether pursuant to Section 10 earlier termination of this Lease or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryLease.
Appears in 1 contract
Tenant Alterations and Additions. Except with respect to the initial Tenant Improvements called for in the Plans and Specifications therefore, Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises which would (a) affect any structural element of the Building; (b) reduce the load bearing capacity of any portion of the Building (other than by reason of the weight of the installations themselves, as long as total load capacity is not exceeded); (c) involve slab penetrations, roof penetrations or exterior wall penetrations (including glass, windows or storefront) in the Building; or (d) adversely affect (i) the functioning of the Building HVAC system, or the electrical, mechanical, plumbing, lighting, life safety or any other system of the Building or (ii) Landlord’s ability to delivery Building services to other tenants of the Building, (a "Tenant “Tenant’s Change"”), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the ’s prior written consent of Landlord(which consent Landlord agrees not unreasonably to withhold, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change condition or delay) and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten Lender’s prior written consent (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's ’s approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant’s Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant’s Changes. If Landlord at the time of giving its approval to any Tenant’s change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant’s Change. No Tenant Tenant’s Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant’s Change. Except as otherwise provided herein and in Section 12, all Tenant’s Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant Change shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefore by Landlord and shall give be surrendered to Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect to any Tenant Change, Landlord shall have no duty upon the expiration or obligation to make any replacement or repair thereto, whether pursuant to Section 10 earlier termination of this Lease or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryLease.
Appears in 1 contract
Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant “Tenant’s Change"”), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the ’s prior written consent of Landlord, (which consent Landlord agrees not to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change unreasonably withhold) and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten Lender’s prior written consent (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's ’s approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant’s Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant’s Changes. If Landlord at the time of giving its approval to any Tenant’s Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and at Landlord’s option upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant’s Change. No Tenant Tenant’s Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant Tenant’s Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect Except as otherwise provided herein and in Section 12, all Tenant’s Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant’s contracts and subcontracts for such Tenant’s Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant’s leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics’, laborers’ or materialmen’s lien on account of labor, material or services furnished to Tenant Changeor claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord, within fifteen days after demand, such security as may be reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord’s interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys’ fees, paralegals’ fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or hereafter existing of the state in which the Demised Premises are located.
(c) Tenant shall have no duty the right, at the option and expense of Tenant and subject to the requirements of this subsection (c), to complete the Mezzanine as additional office space for the Demised Premises. The plans and specifications for such work shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld, delayed or obligation conditioned. Tenant shall not be required to make remove any replacement such office improvements to the Mezzanine at the expiration or repair theretotermination of this Lease. The improvement of the Mezzanine will otherwise constitute a Tenant’s Change governed by the requirements of subsections (a) and (b), above. The square footage in the Mezzanine will not be included in the calculation of Tenant’s Operating Expense Percentage, whether pursuant to Section 10 of or not the Mezzanine is completed by Tenant in accordance with this Lease or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinarysubsection (c).
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Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Tenant's Change"), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not to unreasonably withhold) and Lender's prior written consent of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant's Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant's Changes. If Landlord at the time of giving its approval to any Tenant's Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant's Change. No Tenant Tenant's Change shall be structural in nature or impair the structural strength of the Building or reduce its valueBuilding. Tenant shall pay the full cost of any Tenant Tenant's Change. Except as otherwise provided herein and in Section 12 hereof, and except as agreed upon by the parties at the time a Tenant's Change is approved, all Tenant's Changes shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall give be surrendered to Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect to any Tenant Change, Landlord shall have no duty upon the expiration or obligation to make any replacement or repair thereto, whether pursuant to Section 10 earlier termination of this Lease or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryLease.
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Samples: Industrial Lease Agreement
Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant “Tenant’s Change"”), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the ’s prior written consent of Landlord, (which consent Landlord agrees not to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change unreasonably withhold) and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten Lender’s prior written consent (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's ’s approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant’s Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant’s Changes. If Landlord at the time of giving its approval to any Tenant’s Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant’s Change. No Tenant Tenant’s Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant’s Change promptly upon receipt of invoice. Except as otherwise provided herein and in Section 12, all Tenant’s Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant Change shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant’s contracts and subcontracts for such Tenant’s Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant’s leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics’, laborers’ or materialmen’s lien on account of labor, material or services furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give Landlord to Landlord, within fifteen days after demand, either evidence that Tenant has bonded such reasonable lien or such security as may be requested by reasonably satisfactory to Landlord to insure assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord’s interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such cost. With respect to any Tenant Changesecurity or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any reasonable attorneys’ fees, paralegals’ fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or obligation to make any replacement or repair thereto, whether pursuant to Section 10 release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
Appears in 1 contract
Samples: Industrial Lease Agreement (Tandy Brands Accessories Inc)
Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Tenant's Change"), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not to unreasonably withhold) and Lender's prior written consent of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant's Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant's Changes. If Landlord at the time of giving its approval to any Tenant's Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and at Landlord's option upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant's Change. No Tenant Landlord may withhold consent to any Tenant's Change shall be which is structural in nature or impair impairs the structural strength of Priority Fulfillment Services, Inc. Lease Agreement — Stateline Business Park Bldg. H Initial Initial the Building Building, in Landlord's sole discretion, or reduce reduces its value, in Landlord's reasonable discretion. Tenant shall pay the full cost of any Tenant's Change. Except as otherwise provided herein and in Section 12, or as otherwise agreed at the time of a Tenant's Change is approved, all Tenant's Changes and all repairs and all other property attached to the Demised Premises by or on behalf of Tenant Change (excluding racks, conveyers and related or similar equipment) shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant's Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless from, and defend against (with legal counsel acceptable to Landlord) all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give Landlord to Landlord, within fifteen days after demand, such reasonable security as may be requested reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys' fees, paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or hereafter existing of the state in which the Demised Premises are located.
(c) In addition to complying with the other provisions of this Section 18, all computer, telecommunications or other cabling, wiring and associated appurtenances ("Cabling") installed by Tenant inside any of the interior walls of the Demised Premises, above the ceiling of the Demised Premises, in any portion of the ceiling plenum above or below the Demised Premises, or in any portion of the Common Areas of the Building, including but not limited to any of the shafts or utility rooms of the Building, shall be clearly labeled or otherwise identified as having been installed by Tenant. All Cabling installed by Tenant shall comply with the requirements of the National Electric Code and any other applicable fire and safety codes. Upon the expiration or earlier termination of this Lease, Tenant shall remove all Cabling installed by Tenant anywhere in the Demised Premises or the Building to the point of the origin of such Cabling, and repair any damage to the Demised Premises or the Building resulting from such removal, except for the initial Cabling approved by Landlord for installation prior to insure payment of such costPriority Fulfillment Services, Inc. Lease Agreement — Stateline Business Park Bldg. With respect to any Tenant Change, Landlord shall have no duty or obligation to make any replacement or repair thereto, whether pursuant to Section 10 H Initial Initial the Commencement Date of this Lease or as required to comply with and any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryadditional Cabling that Landlord approves subsequently during the Term without the condition that such Cabling be removed.
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Tenant Alterations and Additions. (a) Following completion of the initial Improvements in accordance with Section 17 above, Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Tenant's Change"), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not to unreasonably withhold) and Lender's prior written consent of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant's Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant's Changes. If Landlord at the time of giving its approval to any Tenant's Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sole cost and shall provide Landlord with evidence thereof satisfactory expense and at Landlord's option upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant's Change. No Tenant Tenant's Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant Tenant's Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect Except as otherwise provided herein and in Section 12, all Tenant's Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant's Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant Changeor claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord, within fifteen days after demand, such security as may be reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys' fees, paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or obligation to make any replacement or repair thereto, whether pursuant to Section 10 release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinary.hereafter existing of the state in which the Demised Premises are located
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Tenant Alterations and Additions. Tenant shall not make or permit (a) Except as to be made any nonstructural alterations, improvements, or additions to the Demised Premises (collectively a "Tenant Change"), ,which Tenant Changes individually cost less than $25,000, Tenant shall not make or permit to be made any other Tenant Change without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not to unreasonably withhold or delay) and Lender's prior written consent of Landlord, (if such consent is required). With respect to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one such Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of requiring Landlord's prior written notice of such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such request. As part of its approval processconsent, Landlord may require that Tenant submit furnish Landlord with a full set of plans and specifications for any such Tenant Change prior to the commencement thereof together with an original builder's risk policy of insurance in form and amount of coverage reasonably acceptable to Landlord, for showing Tenant as named insured, and Landlord and Lender (if applicable) as loss payees. If Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contrary, the term Tenant Change shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall be required to remove all Tenant Changes to the Demised Premises at the end time of the Term unless Landlord provides giving its approval to any Tenant Change, notifies Tenant that approval is conditioned upon restoration, then upon written notice to Tenant, at least thirty (30) calendar days prior to the end request of the Term, that such Tenant Change must be left in the Demised Premises. AccordinglyLandlord, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided above. Change.
(b) All Tenant Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-class materials. firstclass materials and, upon completion of any Tenant Change, Tenant shall maintain insurance reasonably satisfactory furnish to Landlord during "as-built" drawings showing the construction of all Tenant Changes location and shall provide Landlord with evidence thereof satisfactory to Landlord prior to the commencement of constructiontype thereof. No Tenant Change shall be structural in nature or impair the structural strength of the Building or reduce its value. , Tenant shall take or cause to be taken all steps that are required or permitted by law in order to avoid the imposition of any materialmen's or mechanics' liens upon the Building or the Demised Premises, and Tenant shall pay the full fall cost of any Tenant Change and Tenant shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. Except as otherwise provided herein and in Section 12 hereof, all Tenant Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of the Term. With respect to any Tenant Change, whether or not requiring Landlord's prior consent, Landlord shall have no duty or obligation to make any replacement or repair thereto, whether pursuant to Section 10 of this Lease interior or exterior, structural or non-structural, ordinary or extraordinary or as required to comply with any law.
(c) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord, within fifteen days after demand, such security as may be reasonably satisfactory to landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any reasonable attorneys' fees, reasonable paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate levels and any costs in posting bond to effect a discharge or release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
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Tenant Alterations and Additions. (a) Tenant shall not make or permit to be made any alterations, improvements, or additions to the Demised Premises (a "Tenant Tenant's Change"), without first obtaining on each occasion Landlord's prior written consent; provided, however, that Tenant shall have the right, without the consent (which consent Landlord agrees not to unreasonably withhold) and Lender's prior written consent of Landlord, to make non-structural Tenant Changes which require an expenditure of less than $10,000.00 for any one Tenant Change and less than $100,000.00 in the aggregate over the Term. Landlord shall approve or reject a Tenant Change request within ten (10) business days after receipt of written notice of if such request; provided, however, that Landlord’s failure to timely respond to a Tenant Change request shall be deemed a rejection of such requestconsent is required). As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord's approval and to deliver to Landlord “as built” plans and specifications (in CAD format if Landlord so requests) following the substantial completion hereof. Notwithstanding any other provision of this Lease to the contraryor disapproval, the term Tenant Change which approval shall include any changes made to the Demised Premises by Landlord or Tenant pursuant to the Tenant Improvement Agreement attached hereto as Exhibit “C” and forming a part hereof. Tenant shall not be required to remove all Tenant Changes to the Demised Premises at the end of the Term unless Landlord provides written notice to Tenant, at least thirty (30) calendar days prior to the end of the Term, that such Tenant Change must be left in the Demised Premises. Accordingly, Tenant shall, at its sole cost and expense and upon the expiration or earlier termination of this Lease, remove the same and restore the Demised Premises to its condition prior to such Tenant Change unless notified to the contrary by Landlord as provided aboveunreasonably withheld. All Tenant Tenant's Changes shall be performed in accordance with all legal requirements applicable thereto and in a good and workmanlike manner with first-first- class materials. Tenant shall maintain insurance reasonably satisfactory to Landlord during the construction of all Tenant's Changes. If Landlord at the time of giving its approval to any Tenant's Change notifies Tenant Changes in writing that approval is conditioned upon restoration, then Tenant shall, at its sale cost and shall provide Landlord with evidence thereof satisfactory expense and upon the termination or expiration of this Lease, remove the same and restore the Demised Premises to Landlord its condition prior to the commencement of constructionsuch Tenant's Change. No Tenant Tenant's Change shall be structural in nature or impair the structural strength of the Building or reduce its value. Tenant shall pay the full cost of any Tenant Tenant's Change and shall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. With respect Except as otherwise provided herein and in Section 12, all Tenant's Changes and all repairs and all other property attached to or installed on the Demised Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Demised Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease.
(b) To the extent permitted by law, all of Tenant's contracts and subcontracts for such Tenant's Changes shall provide that no lien shall attach to or be claimed against the Demised Premises or any interest therein other than Tenant's leasehold interest in the Demised Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of every kind, nature and description which my arise out of or in any way be connected with such work. Tenant shall not permit the Demised Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant Changeor claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Demised Premises by, or at the direction or sufferance of Tenant and if any such liens are filed against the Demised Premises, Tenant shall promptly discharge the same, provided, however that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord, within fifteen days after demand, such security as may be reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim discharge such lien and Tenant shall have no duty reimburse Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any attorneys' fees, paralegals' fees and any and all costs associated therewith, including litigation through all trial and appellate 14. levels and any costs in posting bond to effect a discharge or obligation to make any replacement or repair thereto, whether pursuant to Section 10 release of the lien. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any lien law now or as required to comply with any law or otherwise, whether interior or exterior, structural or nonstructural, ordinary or extraordinaryhereafter existing of the state in which the Demised Premises are located.
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