Tenant Alterations. Tenant will not make or allow to be made any alterations in or to the Premises without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 9 contracts
Samples: Lease Agreement (Power REIT), Lease Agreement (Power REIT), Lease Agreement (Power REIT)
Tenant Alterations. (a) Except for completion of Tenant will not make or allow to be made any alterations in or Work undertaken by Tenant pursuant to the Premises Workletter, the following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not unreasonably withheld, conditioned or delayed make or cause to be made any Tenant Alterations in or to the exteriorPremises or any Property systems serving the Premises. Prior to making any Tenant Alterations, or are not Tenant shall give Landlord ten (10) days prior written notice to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the structure, or are not to Buildings systems, or which are merely cosmetic in naturenames and addresses of all contractors and subcontractors and copies of all contracts with them. All Tenant alterations Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to those whose work will be accomplished not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of Decorating the Premises and any work to the Property occasioned thereby. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner at with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expenseintended use or of compliance with the requirements of Section 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Landlord Work and Tenant Additions whether installed by Landlord or Tenant, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlordshall without compensation or credit to Tenant, such approval become part of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to the property of Landlord upon the expiration or earlier termination of this Lease and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article Twelve, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations may remove them or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered is required to Landlord along with the Premises remove them at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESrequest.
Appears in 4 contracts
Samples: Lab Lease (OmniAb, Inc.), Lab Lease (OmniAb, Inc.), Lease (Lucira Health, Inc.)
Tenant Alterations. (a) Except as hereafter provided, Tenant will not shall make no alterations, additions or allow to be made any alterations in or improvements (“Tenant Alterations”) to the Premises Leased Space without first obtaining the written consent of Landlord, which consent may consent, subject to the provisions of subsection (c) below, shall not be granted unreasonably withheld, delayed or withheld conditioned. At the time of Landlord’s consent, Landlord shall designate whether Tenant shall be required to remove the proposed Tenant Alteration upon termination of this Lease, and the absence of such designation in Landlord’s sole discretion; providedwritten consent shall be deemed Landlord’s agreement that Tenant shall not be obligated to remove Tenant Alterations upon the termination of this Lease. Landlord also may impose such reasonable conditions as part of its consent as Landlord deems appropriate, however that taking into consideration the nature of the proposed Tenant Alteration, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, and, if Eagleview Commercial Construction Company (“Contractor”) declines to perform such work, insurance, and copies of the plans, specifications and permits necessary for such work. Nothing herein, however, shall be construed to obligate Tenant to construct any Tenant Alteration for which Landlord has given its consent.
(b) Subject to Tenant’s compliance with the provisions of subsection (c) below, Landlord’s consent shall not be required for changes that Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, and (ii) are not to visible from the Building exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. .
(c) All Tenant alterations will Alterations shall be accomplished in a good and workmanlike manner done at Tenant’s sole expenseexpense by Contractor, on the basis of a contract between Tenant and Contractor where the contract price is based upon the Cost of the Work plus a contractor’s fee, in conformity which the term “Cost of the Work” shall be defined by reference to the definition of such term as used in the then current edition of the AIA Contract for Construction, and the fee shall be, with respect to any Tenant Alterations which are for laboratory improvements, 8% of the Cost of the Work, and for any other Tenant Alterations, 12% of the Cost of the Work. The contract between Tenant and Contractor shall be on an “open book” basis, and all Applicable Laws subcontracts for more than $25,000.00 shall be subject to competitive bidding. Such contract shall also require the Contractor to maintain a reasonable schedule for the performance of Tenant Alterations. Payment for Tenant Alterations by Tenant to Contractor shall be no less frequently than monthly, and shall be pursuant to invoices for completed work or materials properly stored on site. No Tenant Alterations shall be performed by any contractor other than Contractor, unless Contractor declines to perform the proposed Tenant Alterations (“Permitted Outside Contractor Alterations”), provided that Tenant shall not use a licensed and bonded contractor to which Landlord objects in good faith. With respect to Permitted Outside Contractor Alterations, no work shall be performed until the plans therefore have been approved in advance by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned and shall be deemed approved unless Landlord notifies Tenant of objections to the proposed plans within ten (10) business days after delivery to Landlord of a complete set of the plans therefor, and until Tenant provides to Landlord the evidence of insurance and security for payment for such approval work as referenced in subsection (a) above. In connection with the review of contractor not plans submitted by Tenant, Landlord shall be reimbursed by Tenant for Landlord’s cost in reviewing such plans at the rate of $125.00 per hour; subject to reasonable increase to reflect the then current hourly charge imposed for such review by Landlord for its tenants in the Center generally, and prior to undertaking any such review, Landlord shall provide a statement of the maximum review hours to be unreasonably withheld or delayeddedicated to such review. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable With respect to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such workPermitted Outside Contractor Alterations, Tenant shall provide Landlord with “as built” plansa copy of Tenant’s application for a building permit therefor, if applicable (together with all attachments thereto), and no review fee shall be charged to Tenant by Landlord in connection therewith nor shall Landlord’s approval of such application be required. Tenant shall provide copies of as-built plans and specifications for all construction contractsPermitted Outside Contractor Alterations to Landlord within a reasonable time of completion of the work. All Permitted Outside Contractor Alterations shall be done in a first class, workmanlike manner and shall comply with all insurance requirements then made available to Tenant and all applicable laws, ordinances, rules and regulations of governmental authorities having jurisdiction thereover, and, where applicable, with all reasonable requirements of Landlord. Tenant shall promptly pay for all work done by contractors performing Permitted Outside Contractor Alterations, and proof obtain and deliver to Landlord partial releases of payment lien for all labor work covered by invoices paid by or on behalf of Tenant for such work executed by all contractors, subcontractors and materials. All alterations or improvementsother persons entitled to file mechanic’s liens for non-payment, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and final releases of mechanic’s liens upon completion thereof of such work.
(but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain samed) If, as a part condition of the PremisesLandlord’s consent, shall remain with removal of a Tenant pursuant to this Lease during the term Alteration is required at termination of this Lease), Tenant shall promptly remove such Tenant Alterations and repair any damage occasioned by such removal. In default thereof, Landlord may effect said removal and repairs at Tenant’s expense. With respect to any Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises Alterations which Tenant is not and obligated to remove hereunder (including without limitation Permitted Outside Contractor Alterations), such Tenant Alterations, if not removed by Tenant upon the termination of this Lease, shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made deemed abandoned by Tenant, and all such liens deemed a part of Landlord’s property, notwithstanding any provision of Section 16 to the contrary.
(e) Landlord’s consent shall not be required for Tenant Alterations which (i) do not adversely impact the structural integrity of the Building or the systems serving the Building or their operation, (ii) are expressly prohibitednot visible from the Building exterior and (iii) qualify under the following:
(A) The Tenant Alteration is to be made to portions of the Leased Premises other than the laboratory areas and the cost thereof is $10,000 or less with respect to any Tenant Alteration project (or $20,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period); or
(B) The Tenant Alteration is to be made to the laboratory areas of the Leased Premises and the cost thereof is $50,000 or less with respect to any Tenant Alteration project (or $100,000 or less in the aggregate with respect to Tenant Alteration projects undertaken over any twelve (12) consecutive month period). Tenant will promptly cause Alterations described in this subsection (e) for which Landlord’s consent is not required hereinafter are called “Permitted Tenant Alterations.” Notwithstanding the foregoing, painting or carpeting of the interior of the Leased Space and like cosmetic improvements shall not be deemed Tenant Alterations regardless of the cost thereof. Tenant shall not be obligated to remove Permitted Tenant Alterations upon the termination of this Lease unless an Event of Default has occurred which is then continuing and Landlord so requires such removal. For the purpose of this subsection (e), in calculating the “cost” of any such liens Tenant Alteration project to determine if any proposed Tenant Alteration is a “Permitted Tenant Alteration”, “cost” shall mean the Landlord’s good faith estimate of the entire cost of the Tenant Alteration project or claims projects under consideration, including all permit fees, design and engineering costs, general conditions, and the cost of all work to be released performed by payment, bonding or otherwise within thirty (30) days after request by Landlordall trade contractors to furnish and install materials needed to complete such project, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees a reasonable fee to a general contractor or construction manager for overhead and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESprofit.
Appears in 3 contracts
Samples: Lease Agreement (Castle Creek Biosciences, Inc.), Lease Agreement (Castle Creek Biosciences, Inc.), Lease Agreement (Fibrocell Science, Inc.)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or (a) The following provisions shall apply to the Premises completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes unreasonably withheld, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may, without Landlord’s prior written consent, undertake (i) Decoration work and/or (ii) any Alterations that (x) do not adversely affect the roof, structural portions or the systems or equipment of the Building, (y) are not to visible from the exteriorexterior of the Building, or are and (z) do not to cost, in the structureaggregate, or are not to Buildings systemsover the Term of the Lease, or which are merely cosmetic in natureexcess of $50,000. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant alterations Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld. The contractors, mechanics and engineers who may be used are further limited to those whose work will be accomplished not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations, Tenant shall, upon receipt of Landlord’s itemized invoice therefor, pay Landlord’s actual and reasonable costs to review the plans and specifications for such Tenant Alterations and to monitor the performance thereof, including a construction administration fee and all elevator and hoisting charges at Landlord’s then standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner at with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expense, intended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in conformity connection with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, the performance of such approval of contractor not work.
(b) All Tenant Additions to be unreasonably withheld or delayed. All contractors performing alterations in the Premises whether installed by Landlord or Tenant, shall carry workers’ without compensation insuranceor credit to Tenant, commercial general liability insurance, automobile insurance become part of the Premises and excess liability insurance in amounts reasonably acceptable to the property of Landlord at the time of their installation and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article Twelve, Tenant shall provide Landlord with “may remove them or is required to remove them at Landlord’s request. Tenant’s Personal Property, as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvementsset forth in Exhibit G, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from remain the property of Tenant and after and upon completion thereof (but rights to Tenant shall remove such property at the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term expiration or earlier termination of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 3 contracts
Samples: Lease Agreement (Genomic Health Inc), Lease (Genomic Health Inc), Lease Agreement (Genomic Health Inc)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or to the Premises without first obtaining the written consent of Landlord, which consent may will not be granted or withheld in Landlord’s sole discretionunreasonably withheld; provided, however that such Landlord consent shall not be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 3 contracts
Samples: Lease Agreement (Millennium Investment & Acquisition Co Inc.), Lease Agreement (Power REIT), Lease Agreement (Power REIT)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or (a) The following provisions shall apply to the Premises completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not unreasonably withheld, make or cause to be made any Tenant Alterations in or to the exteriorPremises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or are not such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the structure, or are not to Buildings systems, or which are merely cosmetic in naturenames and addresses of all contractors and subcontractors and copies of all contracts. All Tenant alterations Alterations shall be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to those whose work will be accomplished not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations, Tenant shall pay Landlord a construction fee and all elevator and hoisting charges at Landlord’s then standard rate provided that such construction fee shall not exceed three percent (3.0%) of the cost of such Tenant Alterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner at with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expense, intended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in conformity connection with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, the performance of such approval of contractor not work.
(b) All Tenant Additions to be unreasonably withheld or delayed. All contractors performing alterations in the Premises whether installed by Landlord or Tenant, shall carry workers’ without compensation insuranceor credit to Tenant, commercial general liability insurance, automobile insurance become part of the Premises and excess liability insurance in amounts reasonably acceptable to the property of Landlord at the time of their installation and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article Twelve, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations may remove them or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered is required to Landlord along with the Premises remove them at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESrequest.
Appears in 2 contracts
Samples: Lease Agreement (Guardant Health, Inc.), Lease Agreement (Guardant Health, Inc.)
Tenant Alterations. 5.1.1 Tenant will shall not make any alterations, additions or allow to be made any alterations improvements in or to the Premises Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, wiring or Telecommunication Facilities (individually and collectively “Tenant Alterations”), without first obtaining the written consent of LandlordLandlord which shall not be unreasonably withheld, which consent may be granted conditioned or withheld in Landlord’s sole discretion; provideddelayed. Notwithstanding anything to the contrary herein, however that such Landlord consent Tenant shall not be required to obtain Landlord’s prior written consent to any cosmetic, non-structural alterations of the Premises (a “Cosmetic Alteration”), so long as (i) the total costs of such Cosmetic Alteration do not exceed Fifty Thousand and No/100 Dollars ($50,000.00) per floor of the Premises, (ii) such Cosmetic Alteration does not affect the structure of the Building or any operating systems of the Building, (iii) Tenant is not required by applicable Governmental Requirements to obtain a permit to perform such Cosmetic Alteration, and (iv) such Cosmetic Alteration does not violate or render invalid the certificate of occupancy for changes that are not the Building or the Premises; provided, however, Tenant shall be required to provide Landlord with prior written notice thereof, and Landlord shall have the exteriorright to reasonably request additional information and documentation to reasonably determine whether such Cosmetic Alteration shall require Landlord’s prior review and approval under this Section. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is either required or are not to the structuregiven, or are not to Buildings systemsas applicable, or which are merely cosmetic in nature. All all such work shall be performed by Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole cost and expense. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord’s review of the Plans and Specifications. Without limiting the generality of the foregoing, Landlord may require Tenant, at Tenant’s sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond for Tenant Alterations where the cost thereof is equal to or greater than One Hundred Thousand and No/100 Dollars ($100,000.00), in conformity with all Applicable Laws forms, amounts and by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably companies acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the PremisesLandlord. Upon completion of any such workTenant Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Francisco in accordance with Section 8182 of the Civil Code of the State of California or any successor statute.
5.1.2 If Tenant makes any alterations without Landlord’s prior written consent, if consent is required hereunder, or without satisfaction of any conditions established by Landlord, Landlord shall provide have the right, in addition to and without limitation of any right or remedy Landlord with “as built” plansmay have under this Lease, copies at law or in equity, to require Tenant to remove some or all of all construction contractsTenant Alterations, or at Landlord’s election, Landlord may remove such Tenant Alterations and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with restore the Premises at such time and will Tenant’s expense. Nothing contained in this paragraph or the paragraph captioned “Work Performance” shall be deemed owned by Landlord at a waiver of the provisions of the paragraph captioned “Mechanic’s Liens”.
5.1.3 Tenant shall be solely responsible for all times from costs and after expenses relating to or incurred in connection with: (a) failure of the Premises to comply with the Governmental Requirements; and upon completion thereof (but rights b) bringing the Building and the common areas of the Building into compliance with Governmental Requirements, including without limitations, requirements for seismic tests, if and to the extent such non-compliance arises out of or relates to any Tenant Alterations which are not normal and customary business office improvements, or triggered by Tenant’s use of same the Premises for non-general office use. Notwithstanding the foregoing, Tenant obligations under this Section 5.1.3 (and the limitations on Tenant’s responsibility for any non-compliance hereunder) shall not limit Tenant’s obligations with respect to keep compliance with Access Laws specifically set forth in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term Section 5.12.5 of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 2 contracts
Samples: Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or (a) The following provisions shall apply to the Premises completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (I 0) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article 9, Tenant may be granted or withheld in undertake Decoration work without Landlord’s sole discretionprior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such reasonable times and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld; provided, however however, that such Landlord consent shall not be required for changes that are not may, in its sole discretion, specify the engineers and contractors to perform all work relating to the exteriorBuilding’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or are not threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the structurecommencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, or are opinions from Landlord’s engineers stating that the Tenant Alterations will not to Buildings in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or which are merely cosmetic letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built digitized set of plans and specifications for the Tenant Alterations in natureboth protected document(“.pdf’’) and computer-aided design (“CAD”) formats.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. All Upon completion of Tenant alterations will be accomplished Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Hazardous Materials Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, (ii) in a good and workmanlike manner at with the use of good grades of materials, and (iii) in accordance with the requirements of the Project’s Sustainability Practices. Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expenseintended use or of compliance with the requirements of Section 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) For any Tenant Alterations which Tenant requests Landlord to install, the forgoing provisions of this Section 9.1 shall apply; provided, however, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by addition to paying the cost of the Tenant Alterations, Tenant also shall pay an administrative fee equal to fifteen percent (15%) of such cost to Landlord, as additional Rent under this Lease, and Landlord’s liability for such approval Tenant Alterations work shall be subject to and limited by the provisions of contractor not to be unreasonably withheld or delayedArticle 17 below. All contractors performing alterations in Tenant Additions, whether installed by Landlord or Tenant, shall without compensation or credit to Tenant, become part of the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to the property of Landlord at the time of their installation and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article 12, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations may remove them or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered is required to Landlord along with the Premises remove them at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESrequest.
Appears in 2 contracts
Samples: Office/Laboratory Lease (Caribou Biosciences, Inc.), Office/Laboratory Lease (Caribou Biosciences, Inc.)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or to the Premises without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall will not be required for changes that are not unreasonably withheld, conditioned or delayed. For any such alterations in excess of $100,000.00, Landlord may require Tenant to the exterior, or are not provide demolition and/or lien and completion bonds in form and amount reasonably satisfactory to the structure, or are not to Buildings systems, or which are merely cosmetic in natureLandlord. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All Any Tenant alterations to the Premises made by or improvements, shall installed by either party hereto will remain upon and be surrendered with the Premises and become the property of Landlord upon the expiration or earlier termination of this Lease termination or without credit to Tenant; provided, however, that Landlord may, at its option, by providing written notice to Tenant at the time Landlord approves Tenant’s request for Landlord’s consent to its additions and/or alterations, require Tenant to remove any additions and/or repair any alterations (other than any work performed by Landlord prior to the Commencement Date and work performed pursuant to the Work Letter that Landlord has approved in writing and stated that it does not have to be removed at the expiration of the Term) and will be surrendered to Landlord along with restore the Premises to the condition existing at such the time and Tenant took possession, with all costs of removal, repair, restoration, or alterations to be borne by Tenant. This clause will be deemed not apply to moveable equipment, furniture or moveable trade fixtures owned by Landlord Tenant, which may be removed by Tenant at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part end of the PremisesTerm if Tenant is not then in default and if such equipment and furniture are not then subject to any other rights, shall remain with Tenant pursuant to this Lease during the term liens and interests of this Lease)Landlord. Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property Park or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) 30 days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES. Notwithstanding anything to the contrary contained herein, for work which (i) will cost in the aggregate less than $50,000 per project, and (ii) which does not affect the structure of the Building or any of the Building’s electrical, plumbing, HVAC or mechanical systems (“Permitted Alterations”), Tenant shall not be required to obtain the prior written consent of Landlord, however, Landlord must receive no less than ten (10) business days written notice, together with copies of the plans and specifications, prior to the commencement of said Permitted Alterations and Tenant must otherwise comply with the terms of this Section 4.2.
Appears in 2 contracts
Tenant Alterations. Tenant will not shall make or allow to be made any alterations no changes in or to the Premises demised premises of any nature without first obtaining Owner’s prior written consent. Subject to the prior written consent of LandlordOwner, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not and to the exteriorprovisions of this article, or are not to the structureTenant, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in conformity with all Applicable Laws or to the interior of the demised premises by a licensed and bonded contractor using contractors or mechanics first approved in advance each instance by LandlordOwner. Tenant shall, before making any alterations, additions, installations or Improvements, at its expense, obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such approval of contractor not permits, approvals and certificates to be unreasonably withheld or delayed. All Owner, and Tenant agrees to carry, and will cause Tenant’s contractors performing alterations in the Premises shall and sub-contractors to carry workers’ compensation insurancesuch worker’s compensation, commercial general liability insuranceliability, automobile personal and property damage insurance as Owner may require. If any mechanic’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant’s expense, by payment or filing the bond required by law. All fixtures and excess liability insurance all paneling, partitions, railings and like installations, installed in amounts reasonably acceptable to Landlord the demised premises at any time, either by Tenant or by Owner on Tenant’s behalf, shall, upon installation, become the property of Owner and shall deliver a certificate of insurance evidencing such coverages remain upon and be surrendered with the demised premises unless Owner, by notice to Landlord Tenant no later than twenty days prior to commencing work the date fixed as the termination of this lease, elects to relinquish Owner’s right thereto and to have them removed by Tenant, in which event the Premisessame shall be removed from the demised premises by Tenant prior to the expiration of the lease, at Tenant’s expense. Upon completion Nothing in this Article shall be construed to give Owner title to or to prevent Tenant’s removal of any such worktrade fixtures, moveable office furniture and equipment, but upon removal of same from the demised premises or upon removal of other installations as may be required by Owner, Tenant shall provide Landlord with “as built” plansimmediately and at its expense, copies of all construction contracts, repair and proof of payment for all labor restore the premises to the condition existing prior to any such installations and materialsrepair any damage to the demised premises or the building due to such removal. All alterations property permitted or improvements, required to be removed by Tenant at the end of the term remaining in the demised premises after Tenant’s removal shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned abandoned and may, at the election of Owner, either be retained as Owner’s property or may be removed from the demised premises by Landlord Owner, at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease)expense. Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.[3.1]
Appears in 2 contracts
Samples: Sub Lease Agreement (Loxo Oncology, Inc.), Lease Agreement (Loxo Oncology, Inc.)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or (a) Except for completion of Landlord Work undertaken by Landlord pursuant to the Premises Workletter, the following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not unreasonably withheld, make or cause to be made any Tenant Alterations in or to the exteriorPremises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or are not such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article 9, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the structure, or are not to Buildings systems, or which are merely cosmetic in naturenames and addresses of all contractors and subcontractors and copies of all contracts. All Tenant alterations Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to those whose work will be accomplished not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may farther condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner at with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expenseintended use or of compliance with the requirements of Section 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Landlord Work and Tenant Additions whether installed by Landlord or Tenant, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlordshall without compensation or credit to Tenant, such approval become part of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to the property of Landlord at the time of their installation and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article 12, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations may remove them or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered is required to Landlord along with the Premises remove them at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESrequest.
Appears in 2 contracts
Tenant Alterations. Tenant will not make or allow to be made any alterations in or (a) The following provisions shall apply to the Premises completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not unreasonably withheld, make or cause to be made any Tenant Alterations in or to the exteriorPremises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or are not such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non- responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord's prior written consent. Tenant shall furnish Landlord with the structure, or are not to Buildings systems, or which are merely cosmetic in naturenames and addresses of all contractors and subcontractors and copies of all contracts. All Tenant alterations Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building's systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord's engineers stating that the Tenant Alterations will not in any way adversely affect the Building's systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Notwithstanding any provision hereof to the contrary, in any building leased entirely to Tenant, Tenant may undertake Tenant Alterations without Landlord's prior written consent, but subject to all other requirements of this Article Nine, provided that each of the following conditions are satisfied: (i) the Tenant Alterations to be accomplished performed without such prior written consent over the consecutive twelve (12) month period of the Term ending on the date of such request, in the aggregate, will cost no more than Thirty-five Thousand Dollars ($35,000.00); (ii) such Tenant Alterations do not affect the facade or roof of the building, or involve any of the structural elements of the building.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations, Tenant shall pay Landlord a construction fee not to exceed one and one-half percent (1.5%) of the hard costs of the Tenant Alterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's standard construction rules and regulations, and (ii) in a good and workmanlike manner at with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expense, 's intended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in conformity connection with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, the performance of such approval of contractor not work.
(b) All Tenant Additions to be unreasonably withheld or delayed. All contractors performing alterations in the Premises whether installed by Landlord or Tenant, shall carry workers’ without compensation insuranceor credit to Tenant, commercial general liability insurance, automobile insurance become part of the Premises and excess liability insurance in amounts reasonably acceptable to the property of Landlord at the time of their installation and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article Twelve, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations may remove them or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered is required to Landlord along with the Premises remove them at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES's request.
Appears in 2 contracts
Samples: Lease Agreement (Clarent Corp/Ca), Lease Agreement (Clarent Corp/Ca)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or to the Premises without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings Building systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, except for lighting and lighting fixtures, security systems and millwork and cabinetry to the extent each was paid for by Tenant, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 2 contracts
Samples: Lease Agreement (Power REIT), Lease Agreement (Power REIT)
Tenant Alterations. After the installation of Tenant's Work which shall be governed by the terms and conditions of Exhibit "D", Tenant will shall not make any additions, alterations or allow to be made any alterations in or improvements to the Premises ("Tenant Alterations") without first obtaining the prior written consent of Landlord, which consent may shall not be granted or withheld in Landlord’s sole discretionunreasonably withheld; provided, however however, that such Landlord Tenant shall not, without the prior written consent of Landlord, which consent shall be in Landlord's sole discretion, make any Tenant Alterations which:
(a) will affect the structure or structural components of the Building (including by way of illustration but not limitation, the construction of interior stairwells, skylights, dumbwaiters and additional floor supports) or the building systems, (b) will affect or be required for changes that are not visible from the exterior of the Building, (c) will be located outside or underneath the Building, or (d) will lessen the fair market value of the Building. Landlord's consent to any Tenant Alterations may be conditioned, without limitation, on Tenant removing any such Tenant Alterations on or before the expiration of the Term and restoring the Premises to the exterior, or are not to same condition as on the structure, or are not to Buildings systems, or which are merely cosmetic in naturedate Tenant took possession. All Tenant alterations will Alterations shall comply with all applicable laws, ordinances, codes and rules of any public authority (including, but not limited to, the Americans with Disabilities Act) and shall be accomplished done in a good and workmanlike professional manner at Tenant’s sole expense, in conformity with all Applicable Laws by a properly qualified and licensed and bonded contractor personnel approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises work shall carry be diligently prosecuted to completion. Upon completion, Tenant shall furnish Landlord "as-built" plans. Prior to commencing any Tenant Alteration, Tenant shall furnish Landlord with plans and specifications; names and addresses of contractors; copies of all contracts; copies of all necessary permits; evidence of contractor's and subcontractor's insurance coverage for Builder's Risk at least as broad as Insurance Services Office ("ISO") special causes of loss form CP 10 30, Commercial General Liability at least as broad as ISO CG 00 01, workers’ compensation insurance' compensation, commercial general employer's liability insuranceand auto liability, automobile insurance and excess liability insurance all in amounts reasonably acceptable satisfactory to Landlord Landlord; and shall deliver an indemnification in a certificate of insurance evidencing such coverages form reasonably satisfactory to Landlord prior to commencing work in the PremisesLandlord. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant pay to Landlord upon demand and shall accrue interest from the date paid reimbursement for third party costs incurred by Landlord until in connection with its review and approval of the proposed Tenant Alterations. The work shall be performed in a manner that will not interfere with the quiet enjoyment of the other tenants in the Building. Landlord is reimbursed therefor may require, in Landlord's sole discretion and at Tenant's sole cost and expense, that Tenant provide Landlord with a lien and completion bond in an amount equal to at least one and one-half (1-1/2) times the highest rate permitted by Lawtotal estimated cost of any Tenant Alterations to be made in or to the Premises. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESNothing contained in this Section 9.3 shall relieve Tenant of its obligation under Section 9.4 to keep the Premises and Building free of all liens.
Appears in 2 contracts
Samples: Office Lease (JCM Partners LLC), Office Lease (JCM Partners LLC)
Tenant Alterations. Tenant will shall not make any alterations, additions or allow to be made any alterations improvements in or to the Premises Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing or wiring (individually and collectively "Tenant Alterations"), without first obtaining the written consent of Landlord, Landlord which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required unreasonably withheld. Tenant shall deliver to Landlord full and complete plans and specifications for changes that are not any proposed Tenant Alterations and, if consent by Landlord is given, all such work shall be performed at Tenant's expense by Tenant. Without limiting the generality of the foregoing, Landlord may require Tenant, at Tenant's sole cost and expense, to the exteriorobtain and provide Landlord with proof of insurance coverage and lien waivers, or are not in forms, amounts and by companies acceptable to the structure, or are not to Buildings systems, or which are merely cosmetic in natureLandlord. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not Alterations to be unreasonably withheld or delayed. All contractors performing alterations in the Premises (excluding trade fixtures, furniture, and equipment), regardless of which party constructed them or paid for them, shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to become the property of Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, remain upon and proof of payment for all labor and materials. All alterations or improvements, shall remain be surrendered with the Premises upon Lease the expiration or earlier termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease, unless Landlord's consent to such Tenant Alterations is conditioned upon Tenant removing the Tenant Alterations upon the expiration or earlier termination of this Lease and repair all damage caused thereby. If Tenant fails to remove any such Tenant Alterations as required by Landlord's consent, Landlord may do so and Tenant shall pay the entire cost thereof plus a ten percent (10%) administrative fee to Landlord within ten (10) Days after Tenant's receipt of Landlord's written demand therefor. Tenant shall reimburse Landlord, upon receipt of demand therefor, for all reasonable out-of-pocket costs and expenses incurred by Landlord related to its review of Tenant's plans and specifications (regardless of whether Landlord approves Tenant's request). Tenant will have no authority Nothing contained in this paragraph or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and paragraph captioned "Tenant's Work Performance" shall not be subject to any liens as deemed a result of Tenant’s use or occupancy waiver of the Premises including specifically, without limitation, provisions of the paragraph captioned "Mechanic's Liens". Landlord shall have ten (10) Business Days to approve any plans for improvements made Tenant Alterations submitted by Tenant. In the event Landlord does not either accept such plans or reject such plans (and give reasons for objection) within such ten (10) Business Day period, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant deemed to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISEShave accepted such plans.
Appears in 1 contract
Samples: Lease (Netlibrary Inc)
Tenant Alterations. (A) Tenant will shall not make any alterations, modifications or allow changes to be made all or any alterations in part of the demised premises, either exterior or to the Premises interior, without first obtaining the Landlord's written consent. The consent of LandlordLandlord to any proposed modification, which consent may be granted alteration or withheld in Landlord’s sole discretion; provided, however that such Landlord consent changes shall not be required for changes that are unreasonably withheld in the event they shall (i) be performed only within the interior of the premises, and (ii) be non-structural, and (iii) not affect any system serving other occupants within the Shopping Center. Landlord may condition its consent upon Tenant's delivery to Landlord of a policy or policies of worker's compensation, liability and property damage insurance, naming Landlord and its management agent as additional insureds, in limits and with coverage amounts and in companies acceptable to the exteriorLandlord. In the event of any such approved work or changes, or are not to the structureTenant shall have all work done at its own expense, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished and performed in a good and workmanlike manner at Tenant’s sole expensemanner, and such work shall in conformity with all Applicable Laws no way be harmful to the structure or overload the electrical, plumbing, heating or air conditioning or other facilities of the demised premises or the Shopping Center. Requests for such consent shall be accompanied by a licensed and bonded contractor approved plans stating in advance by Landlord, such approval of contractor not detail precisely what is to be unreasonably withheld done. Tenant and Tenant's contractors (who shall be licensed) shall comply with the building codes, regulations and laws now or delayed. All contractors performing alterations hereafter to be made or enforced in the Premises shall carry workers’ compensation insurancemunicipality, commercial general liability insurance, automobile insurance county and/or state in which said premises relocated and excess liability insurance in amounts reasonably acceptable which pertain to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work. Any additions, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, alterations and/or installations made by Tenant (except only movable store and office furniture and fixtures) shall become and remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premisesbuilding and be and remain Landlord's property upon the termination of Tenant's occupancy of said premises; provided, shall remain with however, that if Landlord gives written notice to Tenant pursuant prior to the expiration or prior termination of this Lease during the term of this Lease)to such effect, it may require Tenant to restore said premises to their original condition at Tenant's expense. Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.save
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Mason George Bankshares Inc)
Tenant Alterations. Except as otherwise expressly provided in this Lease to the contrary, Tenant will not shall make or allow to be made any alterations no changes in or to the Premises demised premises of any nature without Owner's prior written consent. Tenant shall utilize contractors or mechanics first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not approved by Owner with respect to all alterations to the exteriorBuilding. Tenant shall, before making any alterations, additions, installations or are not to the structureimprovements, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole its expense, in conformity with obtain all Applicable Laws permits, approvals and certificates required by a licensed any governmental or quasi-governmental bodies and bonded contractor approved in advance by Landlord(upon completion) certificates of final approval thereof, and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner, and Tenant agrees to carry, and will cause Tenant's contractors and sub-contractors to carry, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insuranceworker's compensation, commercial general liability insuranceliability, automobile personal and property damage insurance and excess liability insurance in amounts reasonably acceptable as Owner may require.. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such workhave been done for, Tenant shall provide Landlord with “as built” plansor materials furnished to, copies of all construction contractsTenant, and proof of payment for all labor and materials. All alterations whether or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant not done pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premisesarticle, the Property or any portion thereof. Landlord’s interest in the Premises is not and same shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made discharged by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request thereafter, at Tenant's expense, by Landlordpayment or filing a bond as permitted by law. Except as expressly provide otherwise in this Lease, all fixtures and all paneling, partitions, railings and like installations, installed in the demised premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises. Nothing in this article shall be construed to give Owner title to, or to prevent Tenant's removal of, trade fixtures, moveable office furniture and equipment, but upon installation or removal of same from the demised premises and/or upon the installation or removal of other installations as may be permitted or required by Owner pursuant to the terms of this Lease, Tenant shall immediately, and will indemnify Landlord against losses arising out of at its expense, repair and restore the demised premises and/or the Building to the condition existing prior to any such claim includinginstallation and/or removal, and repair any damage to the demised premises or the Building due to such installation and/or removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the demised premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed from the demised premises by Owner, at Tenant's expense. To the extent within Owner’s possession, upon reasonable request from Tenant, Owner shall make available for Tenant’s review during Business Hours on Business Days, without limitationany cost or expense to Owner, legal fees copies of Owner’s plans and court costs. Landlord has specifications relating to the rightdemised premises which may affect or be affected by any alteration, but not the obligation, to discharge any such lien. Any amount paid addition or improvement proposed by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESTenant.
Appears in 1 contract
Tenant Alterations. Tenant will not make or allow to be made any alterations in or
(a) The following provisions shall apply to the Premises completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the exteriorPremises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or are not such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the structure, or are not to Buildings systems, or which are merely cosmetic in naturenames and addresses of all contractors and subcontractors and copies of all contracts. All Tenant alterations Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to those whose work will be accomplished not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations, or lieu thereof, CAD files and all documentation relating to the Tenant Alterations in pdf format.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations (other than for Decorations), Tenant shall pay Landlord a construction fee and all elevator and hoisting charges at Landlord’s then standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner at with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expenseintended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions to the Premises, in conformity with all Applicable Laws whether installed by a licensed and bonded contractor approved in advance by LandlordLandlord or Tenant, such approval shall without compensation or credit to Tenant, become part of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to the property of Landlord at the time of their installation and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article Twelve, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations may remove them or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered is required to Landlord along with the Premises remove them at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibitedrequest. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Samples: Office Lease (Lemonade, Inc.)
Tenant Alterations. Except as otherwise provided herein Tenant will not shall make or allow to be made any alterations no structural changes in or to the Premises demised premises of any nature without first obtaining Owner's prior written consent. Subject to the prior written consent of LandlordOwner, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not and to the exteriorprovisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the structureinterior of the demised premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or are not to Buildings systemsimprovements, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole its expense, in conformity with obtain all Applicable Laws permits, approvals and certificates required by a licensed any governmental or quasi-governmental bodies and bonded contractor approved in advance by Landlord, such (upon completion) certificates of final approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's Contractors and Sub-Contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a certificate part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within ___ days thereafter, at Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant's behalf, shall upon installation, become the property of insurance evidencing such coverages Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Landlord Tenant no later than twenty days prior to commencing work the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the Premisessame shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Upon completion Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment , but upon removal of any such workfrom the premises or upon removal of other installations as may be required by Owner, Tenant shall provide Landlord with “as built” plansimmediately and at its expense, copies of all construction contracts, repair and proof of payment for all labor restore the premises to the condition existing prior to installation and materialsrepair any damage to the demised premises or the building due to such removal. All alterations property permitted or improvementsrequired to be removed, by Tenant at the end of the term remaining in the premises after Tenant's removal shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord abandoned and may, at all times from and after and upon completion thereof (but rights to the use election of same and Tenant’s obligations to keep in good orderOwner, condition and repair and maintain same, either be retained as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority Owner's property or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not may be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest removed from the date paid premises by Landlord until Landlord is reimbursed therefor Owner, at the highest rate permitted by LawTenant's expense. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.Maintenance and Repairs: -----------------------
Appears in 1 contract
Samples: Lease Agreement (Razorfish Inc)
Tenant Alterations. Tenant will not shall make or allow to be made any alterations no changes in or to the Premises demised premises of any nature without first obtaining Owner's prior written consent. Subject to the prior written consent of LandlordOwner, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not and to the exteriorprovisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the structureinterior of the demised premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or are not to Buildings systemsimprovements, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole its expense, in conformity with obtain all Applicable Laws permits, approvals and certificates required by a licensed any governmental or quasi-governmental bodies and bonded contractor approved in advance by Landlord, such (upon completion) certificates of final approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workxxx'x xxxpensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a certificate part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant's behalf, shall, upon installation, become the property of insurance evidencing such coverages Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Landlord Tenant no later than twenty days prior to commencing work the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the Premisessame shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Upon completion Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such workfrom the premises or upon removal of other installations as may be required by Owner, Tenant shall provide Landlord with “as built” plansimmediately and at its expense, copies of all construction contracts, repair and proof of payment for all labor restore the premises to the condition existing prior to installation and materialsrepair any damage to the demised premises or the building due to such removal. All alterations property permitted or improvementsrequired to be removed, by Tenant at the end of the term remaining in the premises after Tenant's removal shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord abandoned and may, at all times from and after and upon completion thereof (but rights to the use election of same and Tenant’s obligations to keep in good orderOwner, condition and repair and maintain same, either be retained as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority Owner's property or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not may be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest removed from the date paid premises by Landlord until Landlord is reimbursed therefor Owner, at the highest rate permitted by LawTenant's expense. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, MAINTENANCE AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.REPAIRS
Appears in 1 contract
Samples: Office Lease (Mikes Original Inc)
Tenant Alterations. Tenant, at its cost and expense, may install in the Building such trade fixtures and other personal property as Tenant will not make or allow determines to be made necessary or appropriate to conduct its business. Tenant, at its cost and expense, also may make non-structural alterations, improvements or additions to the interior of the Building if Tenant delivers to Landlord a written notice describing the proposed alteration, improvement or addition with particularity, and provides to Landlord copies of any alterations plans and specifications for the proposed alteration, improvement or addition. Except for the installation of the exterior signage in accordance with Subsection 8(b) for which no such consent is required, or the installation of equipment necessary for Tenant’s use of the Leased Premises (excluding any tank farms), such as HVAC equipment, as to which Landlord’s reasonable consent shall be required, Tenant shall make no alterations, improvements or additions of or to the Premises exterior of the Building without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided. Tenant shall make no structural alterations, however that such improvements or additions of or to any part of the Leased Premises without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion. In the event that: (A) Landlord consent shall not be required for changes that are not consents to Tenant’s request to make an alteration, improvement or addition of or to the exteriorexterior of the Building, or are not a structural alteration, improvement or addition of or to any part of the structureLeased Premises (collectively, or are not “Structural Work”); and (B) Park 70 Partners, L.P. is still the Landlord under this Lease, BCI shall have a right of first refusal to Buildings systems, or which are merely cosmetic in natureperform such Structural Work (the “BCI ROFR”). All Tenant alterations will be accomplished in a good and workmanlike manner at Upon Tenant’s sole expense, in conformity with all Applicable Laws by a licensed receipt of an acceptable and bonded contractor approved in advance by Landlord, such approval bona fide quote (the “Quote”) for the construction of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such workStructural Work, Tenant shall provide Landlord with “as built” plans, a copy of the Quote and copies of all construction contractsbid documents and responses relating to the Quote, and: (1) in the event that Landlord does not provide Tenant with BCI’s written acceptance to perform the work for Tenant in accordance with the Quote within ten (10) business days after Tenant provides Landlord with a copy of the Quote (the “BCI ROFR Period”), the BCI ROFR shall be deemed waived for such Structural Work; and proof (2) in the event that Landlord does provide Tenant with BCI’s written acceptance to perform the work in accordance with the Quote within the BCI ROFR Period, BCI shall perform the Structural Work in accordance with the terms and conditions of payment for all labor and materialsthe Quote. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration alterations and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights additions to the use of same and Leased Premises, excepting only Tenant’s obligations to keep in good orderpersonal property, condition trade fixtures and repair and maintain sameequipment, as a part shall become the sole property of Landlord upon the expiration of the Premises, shall remain with Tenant pursuant to this Lease during the term Term or earlier termination of this Lease); provided, that Landlord shall have the right to require Tenant to remove any such alteration, improvement or addition upon the expiration of the Lease Term or earlier termination of this Lease, in which event, Tenant shall repair any and all damage to the Building and the Improvements resulting from such removal. Tenant will have no authority or power, express or implied, to create or cause shall repair any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims damage to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest Building resulting from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABORremoval of its personal property, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISEStrade fixtures and equipment to its original condition.
Appears in 1 contract
Samples: Lease (Ener1 Inc)
Tenant Alterations. Tenant, at its cost and expense, may install in the Building such trade fixtures, equipment and other personal property as Tenant will not make or allow determines to be made necessary or appropriate to conduct its business. Tenant, at its cost and expense, also may make non-structural alterations or additions to the interior of the Building if: (a) Tenant delivers to Landlord written notice describing the proposed alteration or addition with particularity, and provides to Landlord copies of any alterations plans and specifications for the alteration, and (b) upon the expiration of the Lease Term or earlier termination of this Lease, Tenant surrenders the portion of the Leased Premises altered or improved in as good a condition as on the date that Tenant accepts the Leased Premises, except for ordinary wear and tear, or the effects of damage to, or the total or partial destruction of, the Building by fire or other casualty that Landlord is obligated to repair or replace, or for which Landlord retains the Insurance Proceeds. Tenant shall make no structural alterations, improvements or additions of or to any part of the Premises Leased Premises, or any alterations, improvements or additions to the exterior of the Building, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvementsand additions to the Leased Premises, except only Tenant's trade fixtures and personalty, shall remain with become the Premises sole property of Landlord upon Lease termination or the expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term Term or earlier termination of this Lease). All exterior signs shall be subject to: (a) satisfaction of the requirements of all applicable governmental authorities; and (b) compliance with signage standards established with respect to the Park; and installation thereof shall be the sole responsibility of Tenant. Prior to the time that Tenant will have no authority makes any structural alterations or power, express or implied, additions to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Leased Premises, Landlord and Tenant shall agree which portions of such alterations and additions shall become the Property or any portion thereof. Landlord’s interest in property of Landlord upon surrender by Tenant of the Leased Premises is not and which portions of such alterations and additions shall not be subject to any liens as a result remain the property of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Samples: Lease (Brightpoint Inc)
Tenant Alterations. Tenant will not shall make or allow to be made any alterations no changes in or to the Premises demised premises of any nature without first obtaining Owner’s prior written consent. Subject to the prior written consent of LandlordOwner, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not and to the exteriorprovisions of this article, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, may make alterations, installations, additions or improvements (collectively, “Alterations”) which are non-structural and which do not affect utility services or plumbing and electrical lines, in conformity with or to the interior of the demised premises by using contractors or mechanics first approved by Owner, Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all Applicable Laws permits, approvals and certificates required by a licensed any governmental or quasi-governmental bodies and bonded contractor approved in advance by Landlord(upon completion) certificates of final approval thereof (collectively, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord “Permits”) and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors to carry such wxxxxxx’x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic’s lien is filed against the demised premises, or the building of which the same forms a certificate part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant’s expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant’s behalf, shall, upon installation, become the property of insurance evidencing such coverages Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Landlord Tenant no later than twenty days prior to commencing work the date fixed as the termination of this lease, elects to relinquish Owner’s right thereto and to have them removed by Tenant, in which event the Premisessame shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant’s expense. Upon completion Nothing in this Article shall be construed to give Owner title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such workfrom the premises or upon removal of other installations as may be required by Owner, Tenant shall provide Landlord with “as built” plansimmediately and at its expense, copies of all construction contracts, repair and proof of payment for all labor restore the premises to the condition existing prior to installation and materialsrepair any damage to the demised premises or the building due to such removal. All alterations property permitted or improvementsrequired to be removed, by Tenant at the end of the term remaining in the premises after Tenant’s removal shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned abandoned and may, at the election of Owner, either be retained as Owner’s property or may be removed from the premises by Landlord Owner, at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESexpense.
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Tenant Alterations. Tenant will shall not make any alterations, additions or allow to be made any alterations improvements in or to the Premises Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, wiring or Telecommunication Facilities (individually and collectively "Tenant Alterations"), without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required unreasonably withheld provided such alterations, additions or improvements are entirely within the Premises and do not impact any structural components of the Building or any building systems. Tenant shall deliver to Landlord full and complete plans and specifications for changes that are not to the exteriorany proposed Tenant Alterations and, or are not to the structureif consent by Landlord is given, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will all such work shall be accomplished in a good and workmanlike manner performed at Tenant’s sole expense, in conformity with all Applicable Laws 's expense by a licensed and bonded contractor approved in advance Landlord or by Tenant at Landlord, such approval of contractor not to be unreasonably withheld or delayed's election. All contractors performing alterations in the Premises Tenant shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable pay to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned costs incurred by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep for any architecture, engineering, supervisory and/or legal services in good orderconnection with any Tenant Alterations, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees Landlord's review of the Plans and court costsSpecifications. Without limiting the generality of the foregoing, Landlord may require Tenant (if Landlord has elected to require Tenant to perform the Tenant Alterations), at Tenant's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond, in forms, amounts and by companies acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, but not the obligationin addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to discharge any require Tenant to remove some or all of Tenant Alterations, or at Landlord's election, Landlord may remove such lienTenant Alterations and restore the Premises at Tenant's expense. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall be paid by Tenant to Landlord upon demand and shall accrue interest from deemed a waiver of the date paid by Landlord until Landlord is reimbursed therefor at provisions of the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESparagraph captioned "Mechanic's Liens".
Appears in 1 contract
Samples: Lease (United Bancshares Inc /Pa)
Tenant Alterations. Tenant will not may make alterations or allow improvements ------------------ in and to the Demised Premises, at its own cost, as set forth in Exhibit D and as it may deem desirable for its use thereof, except no alteration shall be made any alterations in that modifies the basic building structure, systems or to the Premises utilities without first obtaining the written consent approval of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent approval shall not be required for changes that are not unreasonably withheld. All repairs and alterations shall be of quality at least equal to the exteriororiginal construction. At the termination of this Lease, except for casualty losses insured against, or are not to the structurelosses occasioned by floods, earthquakes, wars, acts of God, or are not to Buildings systems, or other losses over which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such workhas no control, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with deliver the Demised Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time in good condition and will repair, allowance being made for ordinary wear, tear and obsolescence. Tenant shall be deemed owned by Landlord at all times from and after and upon completion thereof (but rights responsible for any damage to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Demised Premises is not and shall not be subject to any liens as a result of removal of Tenant’s use 's sign. In addition, all of said alterations or occupancy improvements (except Tenant's trade fixtures and subject to the terms of Section 4.5.3) shall remain the Premises including specificallyproperty of Landlord. However, without limitation, for should the Landlord elect that such alterations or improvements made be removed by Tenant, then Tenant agrees to remove same at Tenant's sole expense and to restore the Demised Premises to the condition it was in at the commencement of this Lease. If Tenant shall fail to remove same, then Landlord shall cause same to be removed and Tenant agrees to reimburse the Landlord for the actual cost of such removal, together with any and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims damages which Landlord may suffer by reason of Tenant's failure to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESremove same.
Appears in 1 contract
Samples: Lease (Cyberian Outpost Inc)
Tenant Alterations. Tenant, at its own cost and expense and without Landlord’s prior approval, may erect such shelves, bins, machinery, trade fixtures and other free- standing structures (collectively “Trade Fixtures”) in the ordinary course of its business provided that such items do not alter the basic character of the Leased Premises, do not overload or damage the Leased Premises, may be removed without injury to the Leased Premises, and the construction, erection, and installation thereof complies with all Legal Requirements. Upon expiration or earlier termination or this Lease, Tenant will shall remove its Trade Fixtures and shall repair any damage caused by such removal. Other than the Trade Fixtures, Tenant shall not make or allow to be made any alterations or physical additions in or to the Leased Premises (“Tenant Alterations”) without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required unreasonably withheld. Consent may be conditioned upon review and approval of plans and specifications and monitoring of construction by Landlord. Landlord’s review of Tenant’s plans and specifications and monitoring of construction shall be solely for changes Landlord’s benefit and shall impose no duty or obligation on Landlord to confirm that are not to the exterior, plans and specifications and/or construction comply with any Legal Requirements. Any Tenant Alterations shall be made or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner performed at Tenant’s sole expense, cost and expense in conformity compliance with all Applicable Laws Legal Requirements by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All insured contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver in a certificate good, workmanlike and lien free manner. All Tenant Alterations are the property of insurance evidencing such coverages Landlord and must be surrendered to Landlord upon the termination of this Lease without credit to Tenant; provided, however, Landlord, at its option, may require Tenant, by written notice to Tenant at the time of Landlord’s written consent of the Tenant Alterations, to remove any Tenant Alterations prior to commencing work in vacating the PremisesLeased Premises and restore the Leased Premises to the condition existing on the Effective Date, and all costs of removal and restoration shall be borne by Tenant. This provision does not apply to moveable equipment, furniture or Trade Fixtures owned by Tenant, which may be removed by Tenant at the end of the Term. Upon completion of any such workTenant Alterations, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof materials (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Leaseincluding lien waivers). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Tenant Alterations. Tenant will not make or allow to be made any alterations in or (a) The following provisions shall apply to the Premises completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the exteriorPremises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or are not such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the structure, or are not to Buildings systems, or which are merely cosmetic in naturenames and addresses of all contractors and subcontractors and copies of all contracts. All Tenant alterations Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to those whose work will be accomplished not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations (other than Decorations), Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations, or lieu thereof, CAD files and all documentation relating to the Tenant Alterations in pdf format.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations (other than for Decorations), Tenant shall pay Landlord a construction fee and all elevator and hoisting charges at Landlord’s then standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner at with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expenseintended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions to the Premises, in conformity with all Applicable Laws whether installed by a licensed and bonded contractor approved in advance by LandlordLandlord or Tenant, such approval shall without compensation or credit to Tenant, become part of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to the property of Landlord at the time of their installation and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article Twelve, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations may remove them or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered is required to Landlord along with the Premises remove them at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESrequest.
Appears in 1 contract
Tenant Alterations. Tenant will not make or allow to be made any non-cosmetic alterations in or to the Premises without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s 's sole discretion; provided, however that such . Landlord consent shall not be required for changes that are not may require Tenant to the exterior, or are not provide demolition and/or lien and completion bonds in form and amount satisfactory to the structure, or are not to Buildings systems, or which are merely cosmetic in natureLandlord. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s 's sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. If, while performing any work authorized hereunder, Tenant discovers any area of water intrusion or mold, the Tenant shall immediately notify Landlord, and all work shall cease until permission to proceed is given by Landlord. All contractors performing alterations in the Premises shall carry workers’ ' compensation insurance, builder's risk insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “"as built” " plans, copies of all construction contracts, and proof of payment for all labor and materials. All Any Tenant alterations to the Premises made by or improvements, shall installed by either party hereto will remain upon and be surrendered with the Premises and become the property of Landlord upon the expiration or earlier termination of this Lease termination or expiration and will be surrendered without credit to Landlord along with Tenant; provided, however, Landlord, at it option, may require Tenant to remove any additions and/or repair any alterations to restore the Premises to the condition existing at the time Tenant took possession, with all costs of removal, repair, restoration, or alterations to be borne by Tenant; provided, however, that Landlord shall notify Tenant whether it will require removal of any such additions or alterations at the time and it grants consent to Tenant's work. This clause will be deemed not apply to moveable equipment, furniture or moveable trade fixtures owned by Landlord Tenant, which may be removed by Tenant at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part end of the PremisesLease Term if such equipment and furniture are not then subject to any other rights, shall remain with Tenant pursuant to this Lease during the term liens and interests of this Lease)Landlord. Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ ' or materialmen’s 's lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ ' OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
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Tenant Alterations. Tenant will not shall make or allow to be made any alterations no changes in or to the Premises demised premises of any nature without first obtaining Owner's prior written consent. Subject to the prior written consent of LandlordOwner (1), which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not and to the exteriorprovisions of this article, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the structureinterior of the demised premises by using contractors or mechanics first approved in each instance by Owner (2). Tenant shall, before making any alterations, additions, installations or are not to Buildings systemsimprovements, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole its expense, in conformity with obtain all Applicable Laws permits, approvals and certificates required by a licensed any governmental or quasi-governmental bodies and bonded contractor approved in advance by Landlord, such (upon completion) certificates of final approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workman's compensations, general liability, personal and property damxxx xxxxxance as Owner may (3) require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a certificate of insurance evidencing such coverages part, for work claimed to Landlord prior have been done for, or materials furnished to, Tenant, whether or not done pursuant to commencing work this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by payment or filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the Premisespremises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises. Upon completion Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such workfrom the premises or upon removal of other installations as may be required by Owner, Tenant shall provide Landlord with “as built” plansimmediately and at its expense, copies of all construction contracts, repair and proof of payment for all labor restore the premises to the condition existing prior to installation and materialsrepair any damage to the demised premises or the building due to such removal. All alterations property permitted or improvementsrequired to be removed, by Tenant at the end of the term remaining in the premises after Tenant's removal shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord abandoned and may, at all times from and after and upon completion thereof (but rights to the use election of same and Tenant’s obligations to keep in good orderOwner, condition and repair and maintain same, either be retained as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority Owner's property or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not may be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest removed from the date paid premises by Landlord until Landlord is reimbursed therefor Owner, at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESTenant's expense.
Appears in 1 contract
Samples: Office Lease (Id Systems Inc)
Tenant Alterations. Tenant will not shall make or allow to be made any alterations no changes in or to the Premises demised premises of any nature without first obtaining Owner's prior written consent. Subject to the prior written consent of LandlordOwner, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not and to the exteriorprovisions of this article, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the structureinterior of the demised premises by using contractors or mechanics first approved in each instance by Owner. Tenant shall, before making any alterations, additions, installations or are not to Buildings systemsimprovements, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole its expense, in conformity with obtain all Applicable Laws permits, approvals and certificates required by a licensed any governmental or quasi-governmental bodies and bonded contractor approved in advance by Landlord, such (upon completion) certificates of final approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may reasonably require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a certificate part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days after Tenant receives written notice of insurance evidencing such coverages lien, at Tenant's expense, by payment or filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises. If tenant requests in writing that Owner do so, Owner will state at the time Owner consents to Landlord such installations whether Owner elects to have such installations removed by Tenant. Owner will not require Tenant to remove Tenant's initial installation except Tenant shall remove any staircase Tenant installs between the 11th and 12th Floors and tenant shall slab over the opening. If Owner requires the installations to be removed by Tenant, the same shall be removed from the premises by Tenant prior to commencing work the expiration of the lease, at Tenant's expense. Nothing in the Premises. Upon completion this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such workfrom the premises or upon removal of other installations as may be required by Owner, Tenant shall provide Landlord with “as built” plansimmediately and at its expense, copies of all construction contracts, repair and proof of payment for all labor restore the premises to the condition existing prior to installation and materialsrepair any damage to the demised premises or the building due to such removal. All alterations property permitted or improvementsrequired to be removed, by Tenant at the end of the term remaining in the premises after Tenant's removal shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord abandoned and may, at all times from and after and upon completion thereof (but rights to the use election of same and Tenant’s obligations to keep in good orderOwner, condition and repair and maintain same, either be retained as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority Owner's property or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not may be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest removed from the date paid premises by Landlord until Landlord is reimbursed therefor Owner, at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESTenant's expense.
Appears in 1 contract
Tenant Alterations. (a) Tenant will not shall make or allow to be made any alterations no changes in or to the Demised Premises of any nature without first obtaining Landlord’s prior written consent which consent shall not be unreasonably withheld or delayed as to changes, improvements or alterations which do not affect building structural components, or adversely affect mechanical systems, utility services or plumbing or electrical lines (hereinafter referred to as “Non-Structural Alterations”). Prior to the commencement of any changes, improvements or alterations, Tenant shall submit to Landlord, for Landlord’s approval, plans and specifications (to be prepared by and at the expense of Tenant) for any proposed changes, improvements or alterations, in detail reasonably satisfactory to Landlord. Landlord’s approval of any plans and specifications shall not indicate that such plans and specifications comply with applicable laws, rules and regulations; Tenant shall have sole responsibility for ensuring such compliance. If Landlord shall give its approval to any such changes, improvements and/or alterations as provided herein, the same shall be performed by Tenant, at Tenant’s sole cost and expense, in accordance with the approved plans and in a good and workmanlike manner. Tenant shall, before making any alterations, additions, installations or improvements at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors to xxxxx such worker’s compensation, general liability, personal and property damage insurance as Landlord may reasonably require. No amendments or additions to the approved plans and specifications shall be made without the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required unreasonably withheld or delayed as to such Non-Structural Alterations. The standards of quality, utility and appearance of the proposed changes, improvements or alterations shall conform to the reasonable standards specified and/or to be specified by Landlord for changes the Building and shall be reasonably consistent with comparable buildings, and Tenant agrees that Tenant will conform to such standards. Tenant shall pay to Landlord Landlord’s reasonable out-of-pocket costs and expenses incurred in connection with the performance of any alterations made by or on behalf of Tenant, other than the Landlord’s Work. Landlord hereby consents to Tenant’s request to install conduit and/or telecommunications cabling between the two different floors comprising the Premises so long as Tenant uses contractors that are not reasonably acceptable to the exteriorLandlord.
(b) Tenant covenants and agrees that all changes, or are not to the structureimprovements, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant and alterations will be accomplished made with the least possible disturbance to the occupants of other parts of the Building. Tenant in a good making such changes, improvements or alterations, shall and workmanlike manner will, at Tenant’s own cost and expense, promptly comply with all laws, rules and regulations, whether now or hereafter enacted (including, without limitation. Local Law 58/1987 of the City of New York, as amended, and Title III of The Americans with Disabilities Act of 1990, all regulations issued thereunder and the Accessibility Guidelines for Buildings and Facilities issued pursuant thereto, as all of the foregoing may be amended from time, to time), of all public authorities having jurisdiction in the Building and/or the Demised Premises with reference to such changes, improvements or alterations (including, without limitation, the Landmarks Preservation Commission of the City of New York), whether ordinary or extraordinary, structural or otherwise, foreseen or unforeseen, and will not call upon Landlord for any expenses connected therewith, and will reimburse Landlord for any expenses incurred on account of failure by Tenant to comply with any requirement of law, rules and regulations, and of any public authority, whether involving structural changes or not.
(c) Tenant shall promptly pay and discharge all costs and expenses of such changes, improvements or alterations, and shall not do or fail to do any act which shall or may render the Building liable to any mechanic’s lien or other lien or charge or chattel mortgage or security interest or conditional xxxx of sale or title retention agreement. If any such lien or liens or other charge or chattel mortgage or security interest or conditional xxxx of sale or title retention agreement is filed against the Building or against such changes, improvements or alterations, or any part thereof, Tenant will, at Tenant’s sole cost and expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval promptly remove the same of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise record within thirty (30) days after request the filing of any such lien, or liens or other charge or chattel mortgage or security interest or conditional xxxx of sale or title retention agreement and notice of such filing to Tenant by Landlord or otherwise. If Tenant is in default of its foregoing obligations under this paragraph, Landlord may cause such lien or liens or other charge or chattel mortgage or security interest or conditional xxxx of sale or title retention agreement to be removed of record by payment or bond or otherwise, as Landlord may elect, and Tenant will reimburse Landlord for all costs and expenses incidental to the removal of any such lien or liens or other charge or chattel mortgage or security interest or conditional xxxx of sale or title retention agreement incurred by Landlord. Tenant covenants and agrees to indemnify and save harmless Landlord of and from all claims, counsel fees, loss, damage and will expenses whatsoever by reason of any liens, charges, chattel mortgages, security interests, conditional bills of sale, title retention agreements or payments of any kind whatsoever that may be incurred or become chargeable against Landlord, or the Building, or said changes, improvements or alterations, or any part thereof, by reason of any work done or to be done or materials furnished or to be furnished to or upon the Demised Premises in connection with such changes, improvements or alterations.
(d) Tenant hereby covenants and agrees to indemnify and save harmless Landlord against losses of and from all claims, reasonable counsel fees, loss, damage and expenses whatsoever by reason of any injury or damage, howsoever caused, to any person or property occurring prior to the completion of such changes, improvements or alterations or occurring after such completion, as a result of anything done or omitted in connection therewith or arising out of any fine, penalty or imposition or out of any other matter or thing connected with any work done or to be done or materials furnished or to be furnished in connection with such claim includingchanges, without limitationimprovements or alterations performed by Tenant or at the request of Tenant. At any and all times during the period of such changes, legal fees improvements or alterations and court costs. upon reasonable prior notice to the Tenant, which may be oral, Landlord has shall be entitled to have a representative or representatives on the rightsite to inspect such changes, but not improvements or alterations, and such representative or representatives shall have free and unrestricted access to any and every part of the obligationDemised Premises, to discharge the extent reasonably necessary.
(e) Tenant agrees that it will not, either directly or indirectly, use any contractors, labor and/or materials if the use of such liencontractors, labor and/or materials would or will create any difficulty with other contractors, subcontractors and/or labor then engaged by Tenant or Landlord or others in the construction, maintenance and operation of the Building or any part thereof. Tenant and its contractors and mechanics may, prior to the commencement of the term hereof, enter upon the Demised Premises at all reasonable hours, at the sole risk of Tenant, for the purpose of making such changes, improvements or alterations, provided that Tenant and its contractors and mechanics do not interfere with Landlord, its contractors, or with the occupants of other pans of said Building and such entry shall not constitute occupancy for purposes of determining the Commencement Date. Such entry shall be upon all of the terms and conditions of this lease other than Landlord’s obligation to provide services and Tenant’s obligation to pay rent Any amount paid by changes, improvements or alterations shall comply with all laws and ordinances, and all rules, orders and regulations of all governmental and quasi-governmental agencies, authorities, bureaus, departments and officials, and of all insurance bodies, at any time duly issued or in force, applicable to the Building, the Demised Premises, or any part thereof. Tenant shall, at Tenant’s sole cost and expense, provide, maintain and keep in force for the benefit of Landlord for such purpose and Landlord’s related reasonable attorneys’ fees managing agent, during any period in which Tenant is making any changes, improvements or alterations in and to the Demised Premises or any part thereof, such protective liability and property damage insurance as Landlord shall deem reasonably appropriate.
(f) All fixtures and all paneling, partitions, railings and like installations, installed in the Demised Premises at any time, either by Tenant or by Landlord on Tenant’s behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises unless Landlord, by notice to Tenant given no later than twenty (20) days prior to the date fixed as the expiration date of this lease, elects to relinquish Landlord’s right thereto and to have them removed by Tenant, in which event the same shall be paid removed from the Demised Premises by Tenant prior to the expiration of the lease, at Tenant’s expense; provided, however, that Tenant shall not be required to remove any portion of the Landlord’s Work. Notwithstanding anything to the contrary set forth in this Lease, upon receipt of written request from Tenant seeking Landlord’s consent to perform an alteration, Landlord shall advise Tenant as to whether or not a proposed Tenant alteration may remain upon and be surrendered with the Premises by Tenant and not be required to be removed from the Premises at the expiration of the term of this Lease. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such items from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to installation, and shall repair any damage to the Demised Premises or the Building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the Demised Premises after Tenant’s removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property or may be removed from the premises by Landlord, at Tenant’s expense.
(g) Tenant acknowledges that it has inspected the Premises and is fully familiar with its condition and agrees to take same in its present “as-is” condition, broom clean, subject to the performance of the Landlord’s Work (as hereinafter defined). Landlord shall perform the Landlord’s Work in accordance with all applicable laws and deliver the Premises to Tenant in accordance with all applicable laws. Other than the Landlord’s Work, the Landlord shall have no obligation to alter, repair or otherwise make any changes to the Premises for Tenant’s occupancy of the Premises. Notwithstanding anything to the contrary set forth in this Lease, Landlord shall, at Landlord’s cost and expense, provide a new Building installation in the Premises utilizing Building standard materials other than as set forth in the plans and specifications comprising Landlord’s Work and in accordance with the plans and specifications comprising Landlord’s Work, which shall be collectively referred to as the “Landlord’s Work” in accordance with the plans and specifications attached hereto as Exhibit “C” and by this reference incorporated as if fully set forth herein. If the Commencement Date has not occurred by April 30, 2012, then the Abatement Period shall be extended one (1) day for each day occurring after April 30, 2012 through and including the Commencement Date. Landlord shall promptly complete any punchlist items with respect to Landlord’s Work following Commencement Date. In addition to the Landlord’s Work, Landlord shall perform the following work (herein, collectively, the “Landlord’s Additional Work”): (i) insulate the walls of the 5th floor IT room in the Premises, (ii) replace the glass 5th floor IT room door with a Building standard metal door, (iii) install 2 additional dedicated electrical circuits 30A (one in each IT room on the 5th and 17th floors), and (iv) install Tenant’s unit and supplemental HVAC unit and system in the 5th floor IT room, in accordance with Exhibit C-1. The construction and completion of the Landlord’s Additional Work shall not be a condition precedent for the Commencement Date to occur and if the Landlord’s Additional Work is not completed prior to the Commencement Date, Landlord shall complete the Landlord’s Additional Work promptly thereafter.
(h) Notwithstanding anything herein to the contrary, Landlord’s consent shall not be required for any Non-Structural Alterations installed subsequent to the completion of the Landlord’s Work, provided that any such Non-Structural Alteration does not exceed Fifty Thousand ($50,000.00) Dollars in cost for labor and materials (as reasonably estimated by Landlord’s architect, engineer or contractor, but such monetary limitation shall not apply to painting and/or carpeting the Premises) and on the following terms and conditions: (i) Tenant notifies Landlord of such alteration prior to commencing work thereon, (ii) such non-structural alteration is performed only by contractors which are on the Building’s approved contractor list or by other contractors satisfactory to Landlord In its commercially reasonable discretion, (iii) upon demand completion, such alteration shall not affect any part of the Building (including but not limited to the building’s systems and the outside appearance and structural integrity of the Building) other than the Premises, (iv) such alteration shall accrue interest from the date paid not adversely affect any service required to be furnished by Landlord until to Tenant or to any other tenant or occupant of the Building, (v) such alteration shall not reduce the value, cubic content or utility of the Building, and (vi) such alteration will not result in a violation of, nor necessitate an amendment to, the certificate of occupancy issued with respect to the Premises or the Building. Prior to the commencement of any changes, improvements or alterations which comply with the provisions of this Section 3(h), Tenant shall submit to Landlord is reimbursed therefor plans and specifications (to be prepared by and at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABORexpense of Tenant) for any proposed changes, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANTimprovements or alterations, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANTin detail reasonably satisfactory to Landlord; provided, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABORhowever, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABORthat Tenant shall not be required to submit plans and specifications to Landlord if the proposed alteration is solely decorative or cosmetic in nature such as painting, SERVICES OR MATERIAL TO THE PREMISEScarpeting and/or wallpapering.
Appears in 1 contract
Samples: Lease Agreement (Borderfree, Inc.)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or to the Premises without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such . Landlord consent shall not be required for changes that are not may require Tenant to the exterior, or are not provide demolition and/or lien and completion bonds in form and amount satisfactory to the structure, or are not to Buildings systems, or which are merely cosmetic in natureLandlord. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All Any Tenant alterations to the Premises made by or improvements, shall installed by either party hereto will remain upon and be surrendered with the Premises and become the property of Landlord upon the expiration or earlier termination of this Lease termination or expiration and will be surrendered without credit to Landlord along with Tenant; provided, however, Landlord, at it option, may require Tenant to remove any additions and/or repair any alterations to restore the Premises to the condition existing at such the time and Tenant took possession, with all costs of removal, repair, restoration, or alterations to be borne by Tenant. This clause will be deemed not apply to moveable equipment, furniture or moveable trade fixtures owned by Landlord Tenant, which may be removed by Tenant at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part end of the PremisesLease Term if Tenant is not then in default and if such equipment and furniture are not then subject to any other rights, shall remain with Tenant pursuant to this Lease during the term liens and interests of this Lease)Landlord. Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property Park or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Samples: Lease Agreement (Website Pros Inc)
Tenant Alterations. (a) Except for completion of Tenant will not make or allow to be made any alterations in or Work undertaken by Tenant pursuant to the Premises Workletter, the following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not unreasonably withheld, make or cause to be made any Tenant Alterations in or to the exteriorPremises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or are not such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the structure, or are not to Buildings systems, or which are merely cosmetic in naturenames and addresses of all contractors and subcontractors and copies of all contracts. All Tenant alterations Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to those whose work will be accomplished not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner at with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expenseintended use or of compliance with the requirements of Section 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions whether installed by Landlord or Tenant, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlordshall without compensation or credit to Tenant, such approval become part of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to the property of Landlord at the time of their installation and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request. Landlord shall provide Landlord with “as built” plans, copies notify Tenant at the time of all construction contracts, and proof approval of payment for all labor and materials. All alterations or improvements, shall remain with Alterations if removal at the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part end of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises Term is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESnecessary.
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Tenant Alterations. Tenant will not make or allow to be made any alterations in or (a) The following provisions shall apply to the Premises completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Landlord shall approve or disapprove (with reasons stating the reason for such disapproval) a Tenant Alteration request within ten (10) Business Days after receipt of the documentation required herein. If Landlord fails to respond, then the Tenant Alterations request shall be deemed approved. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article 9, Tenant may be granted or withheld in undertake Decoration work without Landlord’s sole discretionprior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such reasonable time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld; provided, however however, that such Landlord consent shall not be required for changes that are not may, in its sole discretion, specify the engineers and contractors to perform all work relating to the exteriorBuilding’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or are not threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the structurecommencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built digitized set of plans and specifications for the Tenant Alterations in both protected document (“.pdf”) and computer-aided design (“CAD”) formats.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or are not Mortgagee.
(3) Tenant agrees to Buildings systemscomplete all Tenant Alterations (i) in accordance with all Laws, or which are merely cosmetic Hazardous Materials Laws, all requirements of applicable insurance companies and in nature. All Tenant alterations will be accomplished accordance with Landlord’s standard construction rules and regulations, (ii) in a good and workmanlike manner at with the use of good grades of materials, and (iii) in accordance with the requirements of the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expenseintended use or of compliance with the requirements of Section 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) For any Tenant Alterations which Tenant requests Landlord to install, the forgoing provisions of this Section 9.1 shall apply; provided, however, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by addition to paying the cost of the Tenant Alterations, Tenant also shall pay an administrative fee equal to ten percent (10%) of such cost to Landlord, as additional Rent under this Lease, and Landlord’s liability for such approval Tenant Alterations work shall be subject to and limited by the provisions of contractor not to be unreasonably withheld or delayedArticle 17 below. All contractors performing alterations in Tenant Additions, whether installed by Landlord or Tenant, shall without compensation or credit to Tenant, become part of the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to the property of Landlord at the time of their installation and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article 12, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations may remove them or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered is required to Landlord along with the Premises remove them at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESrequest.
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Tenant Alterations. Tenant will not make or allow to be made any alterations in or (a) The following provisions shall apply to the Premises completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord's prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be granted completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or withheld mechanics approved by Landlord, which approval shall not be unreasonably withheld, provided, however, that Landlord may, in Landlord’s its sole discretion; provided, however specify the engineers and contractors to perform all work relating to the Building's systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as such Landlord designated engineers and contractors are competitively priced with Tenant's preferred engineers and contractors. In the event that such Landlord consent shall not be required for changes that designated engineers and contractors are not competitively priced with Tenant's preferred engineers and contractors, the parties shall expeditiously and in good faith work together to agree on competitively priced engineers and contractors to perform the Tenant Alterations. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the exterior, commencement of any work or are not delivery of materials to the structurePremises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, or are opinions from Landlord's engineers stating that the Tenant Alterations will not to Buildings in any way adversely affect the Building's systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or which are merely cosmetic letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in nature. All connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant alterations will be accomplished agrees to complete all Tenant Alterations (i) in accordance with all Laws, Hazardous Materials Laws, all requirements of applicable insurance companies and in accordance with Landlord's standard construction rules and regulations, and (ii) in a good and workmanlike manner at with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expense's intended use or of compliance with the requirements of Section 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Landlord Work and Tenant Additions whether installed by Landlord or Tenant, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlordshall without compensation or credit to Tenant, such approval become part of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to the property of Landlord at the time of their installation and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article Twelve, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations may remove them or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered is required to Landlord along with the Premises remove them at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES's request.
Appears in 1 contract
Samples: Office Lease (Zogenix Inc)
Tenant Alterations. (a) Tenant will not shall have the right to make or allow to be made any changes and alterations in or to the Demised Premises without first obtaining ("Tenant Alterations") in accordance with the following provisions. Tenant may, at its sole expense, from time to time, redecorate the interior of the Demised Premises and make such nonstructural interior Tenant Alterations as Tenant deems expedient or necessary for its purposes, provided that (i) Tenant obtains Landlord's prior written consent of Landlordif the Tenant Alterations are reasonably expected to exceed $10,000.00 in the aggregate, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are unreasonably withhold, condition or delay, (ii) such Tenant Alterations neither impair the structural soundness nor diminish the value of the Building, and (iii) such Tenant Alterations do not to unreasonably interfere with other tenants' operation of their businesses in the exteriorBuilding. Tenant may, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s its sole expense, from time to time, make exterior or structural Tenant Alterations provided that (i) Tenant obtains Landlord's prior written consent, which consent Landlord may withhold in conformity its sole discretion, and (ii) the Tenant Alterations neither impair the structural soundness nor diminish the value of the Building, and (iii) the Tenant Alterations do not unreasonably interfere with all Applicable Laws by a licensed other tenants' operation of their businesses in the Building. Landlord shall execute and bonded contractor approved in advance by Landlord, deliver upon request of Tenant such instrument or instruments embodying the approval of contractor not Landlord which may be required by any public or quasi-public authority for the purpose of obtaining any licenses or permits for the making of such Tenant Alterations to be unreasonably withheld the Demised Premises and Tenant agrees to pay for such licenses or delayed. All permits.
(b) Tenant's contractors performing alterations in the Premises shall carry workers’ maintain worker's compensation insurance, commercial general liability insurance, automobile insurance and excess comprehensive general liability insurance in amounts and with companies reasonably acceptable satisfactory to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, certificates of insurance and copies of all construction contracts, and proof of payment for all labor and materials. necessary government permits.
(c) All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof Tenant Alterations (but rights not including fixtures readily removable without injury to the use of same Demised Premises) shall be and Tenant’s obligations to keep in good order, condition and repair and maintain same, as remain a part of the Premises, shall remain with Tenant pursuant to this Lease during Demised Premises at the term expiration of this Lease). , unless Landlord specifies at the time it grants consent to the Tenant will have no authority or power, express or implied, Alterations that they must be removed by Tenant at Tenant's expense prior to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy 's surrender of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESDemised Premises.
Appears in 1 contract
Samples: Lease Agreement (Cross Country Inc)
Tenant Alterations. Tenant will shall not make any alterations, additions or allow to be made any alterations improvements in or to the Premises Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing or wiring (individually and collectively "Tenant Alterations"), without first obtaining the written consent of Landlord, Landlord which consent may be granted or he withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required 's discretion except for changes the alterations that are not included on the attached plan. If Landlord approves of the Tenant Alterations, then, at Tenant's election, Landlord may perform such work at Tenant's sole cost and expense using architects and contractors selected by Landlord consistent with the process set forth in 2.3 herein. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all such work shall be performed at Tenant's expense. Without limiting the exteriorgenerality of the foregoing, or are not Landlord may require Tenant, at Tenant's sole cost and expense, to the structure, or are not obtain and provide to Buildings systems, or which are merely cosmetic in natureLandlord proof of insurance coverage. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not Alterations to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to become the property of Landlord (other than the free standing air conditioning units) and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, remain upon and proof of payment for all labor and materials. All alterations or improvements, shall remain be surrendered with the Premises upon Lease the expiration or earlier termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease), unless Landlord's consent to such Tenant Alterations is conditioned upon Tenant removing the Tenant Alterations upon the expiration or earlier termination of this Lease. If Tenant will have no authority fails to remove any such Tenant Alterations as required by Landlord's consent, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord within ten (10) Business Days after Tenant's receipt of Landlord's written demand therefor. Nothing contained in this paragraph or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and paragraph captioned "Tenant's Work Performance" shall not be subject to any liens as deemed a result of Tenant’s use or occupancy waiver of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out provisions of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESparagraph captioned "Mechanic's Liens.
Appears in 1 contract
Tenant Alterations. Tenant will shall not make any alterations, additions or allow to be made any alterations improvements in or to the Premises Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing or wiring (individually and collectively "TENANT ALTERATIONS"), without first obtaining the written consent of Landlord, Landlord which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations , except that Landlord may withhold its approval in its sole and absolute discretion if the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and Alterations will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain sameaffect, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request determined by Landlord, the structure or exterior of the Building, or the Building systems. Tenant shall deliver to Landlord full and will indemnify complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord against losses arising out of is given, all such work shall be performed at Tenant's expense by Tenant. Tenant shall pay to Landlord all costs incurred by Landlord for any such claim architectural, engineering, supervisory and/or legal services in connection with any Tenant Alterations including, without limitation, legal fees Landlord's review of the plans and court costsspecifications for any Tenant Alterations. Without limiting the generality of the foregoing, Landlord has may require Tenant, at Tenant's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond, in forms, amounts and by companies acceptable to Landlord. Should Tenant make any Tenant Alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, but not the obligationin addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to discharge any require Tenant to remove some or all of the Tenant Alterations at Tenant's sole cost and expense and restore the Premises to the same condition existing prior to undertaking the Tenant Alterations. All Tenant Alterations to the Premises, other than trade fixtures (such lien. Any amount paid by Landlord for such purpose as computer systems, telephone and Landlord’s related reasonable attorneys’ fees shall be paid communication systems, storage systems, specialized HVAC equipment installed by Tenant to at its sole expense and servicing only its computer room, cubicles and those trade fixtures set forth on Exhibit "F" attached hereto), shall become the property of Landlord upon demand and shall accrue interest from remain upon and be surrendered with the date paid by Landlord until Landlord is reimbursed therefor Premises upon the expiration or earlier termination of this Lease; provided, however, at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.Landlord's sole
Appears in 1 contract
Samples: Industrial Lease Agreement (Childrens Place Retail Stores Inc)
Tenant Alterations. Tenant will shall not make any alterations, additions or allow to be made any alterations improvements in or to the Premises Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, wiring or Telecommunication Facilities (individually and collectively "Tenant Alterations"), without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required unreasonably withheld, conditioned or delayed provided such alterations, additions or improvements are entirely within the Premises and do not impact any structural components of the Building or any building systems. Tenant shall deliver to Landlord full and complete plans and specifications for changes that are not to the exteriorany proposed Tenant Alterations and, or are not to the structureif consent by Landlord is given, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will all such work shall be accomplished in a good and workmanlike manner performed at Tenant’s sole expense, in conformity with all Applicable Laws 's expense by a licensed and bonded contractor approved in advance Landlord or by Tenant at Landlord, such approval of contractor not 's election. If Landlord elects to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any perform such work, Tenant shall provide Landlord with “as built” plans, copies have the right to approve the price of all any construction contracts, and proof of payment contract for all labor and materialssuch Alteration. All alterations or improvements, Tenant shall remain with the Premises upon Lease termination or expiration and will be surrendered pay to Landlord along with the Premises at such time and will be deemed owned all costs incurred by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep for any architecture, engineering, supervisory and/or legal services in good orderconnection with any Tenant Alterations, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees Landlord's review of the Plans and court costsSpecifications. Without limiting the generality of the foregoing, Landlord may require Tenant (if Landlord has elected to require Tenant to perform the Tenant Alterations), at Tenant's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond, in forms, amounts and by companies acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, but not the obligationin addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to discharge any require Tenant to remove some or all of Tenant Alterations, or at Landlord's election, Landlord may remove such lienTenant Alterations and restore the Premises at Tenant's expense. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall be paid by Tenant to Landlord upon demand and shall accrue interest from deemed a waiver of the date paid by Landlord until Landlord is reimbursed therefor at provisions of the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESparagraph captioned "Mechanic's Liens".
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Tenant Alterations. Tenant will shall not make make, or allow suffer to be made made, any permanent alterations in of the Demised Premises, or to the Premises any part thereof, without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in natureunreasonably withheld. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, Any such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, whether made with or without Landlord's permission, and including, but not limited to, permanent partitions, wall-to-wall carpeting or lighting, shall, at the option of Landlord, become the property of Landlord (with no obligation of Landlord to pay for same) and may not be removed unless approved by Landlord. Tenant may install at its expense and without Landlord's consent movable office partitions, furniture and equipment, continuous power maintenance systems, security access and/or surveillance systems and other personal property or fixtures, and may remove same at any time provided that any damage to the Demised Premises caused thereby shall remain be repaired by Tenant at Tenant's expense. Tenant shall not install or maintain any equipment, partitions, furniture or apparatus, the weight or operation of which would tend to injure or be detrimental to the Demised Premises or unreasonably annoy or disturb other tenants. Notwithstanding anything contained herein to the contrary, if construction to the Demised Premises is to be performed by Landlord prior to Tenant's occupancy, Landlord will, at its expense, commence and/or complete the construction of the improvements constituting the Demised Premises, including partitions, in accordance with the Premises upon Lease termination or expiration floor plan and will be surrendered its specifications agreed to Landlord along with in writing by the Premises at such time parties and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as made a part of the Premises, shall remain with Tenant pursuant to this Lease during by reference. The plans and specifications shall be approved and signed by the term parties prior to the commencement of this Lease)construction. Tenant will have no authority Any material changes or power, express or implied, modifications to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not approved plans and specifications shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made and accepted by written change order signed by Landlord and Tenant, and all such liens are expressly prohibitedshall constitute an amendment to this Lease. Upon substantial completion of the Demised Premises and other improvements in accordance with the plans and specifications, Tenant will promptly cause any such liens or claims agrees to be released by paymentexecute and deliver to Landlord a letter (in form acceptable to Landlord), bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim includingaccepting delivery, without limitationunreasonable qualification, legal fees and court costs. Landlord has of the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESDemised Premises.
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Tenant Alterations. Tenant will not make or allow to be made any alterations in or to the Premises without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall will not be required for changes that are not unreasonably withheld, conditioned or delayed. For any such alterations in excess of $100,000.00, Landlord may require Tenant to the exterior, or are not provide demolition and/or lien and completion bonds in form and amount reasonably satisfactory to the structure, or are not to Buildings systems, or which are merely cosmetic in natureLandlord. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations leasehold improvements in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, and automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All Any Tenant alterations to the Premises made by or improvements, shall installed by either party hereto will remain upon and be surrendered with the Premises and become the property of Landlord upon the expiration or earlier termination of this Lease termination or without credit to Tenant; provided, however, that Landlord may, at its option, by providing written notice to Tenant at the time Landlord approves Tenant’s request for Landlord’s consent to its additions and/or alterations, require Tenant to remove any additions and/or repair any alterations (other than any work performed by Landlord prior to the Commencement Date and work performed pursuant to the Work Letter that Landlord has approved in writing and stated that it does not have to be removed at the expiration of the Term) and will be surrendered to Landlord along with restore the Premises to the condition existing at such the time and Tenant took possession, with all costs of removal, repair, restoration, or alterations to be borne by Tenant. This clause will be deemed not apply to moveable equipment, furniture or moveable trade fixtures owned by Landlord Tenant, which may be removed by Tenant at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part end of the PremisesTerm if Tenant is not then in default and if such equipment and furniture are not then subject to any other rights, shall remain with Tenant pursuant to this Lease during the term liens and interests of this Lease)Landlord. Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property Park or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) 30 days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES. Notwithstanding anything to the contrary contained herein, for work which (i) will cost in the aggregate less than $100,000 per project, and (ii) which does not affect the structure of the Building or any of the Building’s electrical, plumbing, HVAC or mechanical systems (“Permitted Alterations”), Tenant shall not be required to obtain the prior written consent of Landlord, however, Landlord must receive no less than ten (10) business days written notice, together with copies of the plans and specifications, prior to the commencement of said Permitted Alterations and Tenant must otherwise comply with the terms of this Section.
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Tenant Alterations. (a) Except with respect to Cosmetic Alterations (as hereinafter defined), Tenant will shall not make or allow permit to be made any alterations in alterations, improvements or additions to the Premises (each a "Tenant Alteration" and collectively “Tenant Alterations”), without first obtaining the on each occasion Landlord's prior written consent of Landlord, (which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall will not be required for changes that are not unreasonably withheld or conditioned, except as hereinafter provided to the exteriorcontrary). As part of its approval process, or are not Landlord may require that Tenant submit plans and specifications to the structure, or are not to Buildings systems, or which are merely cosmetic in natureLandlord. All Tenant alterations will Alterations shall be accomplished performed in accordance with all applicable Governmental Requirements and in a good and workmanlike manner at Tenant’s sole expense, in conformity with first-class materials. Tenant shall maintain (and shall require its contractors performing work on behalf of the Tenant to maintain) insurance reasonably satisfactory to Landlord during the construction of all Applicable Laws by a licensed and bonded contractor approved in advance by Tenant Alterations. If Landlord, such at the time of giving its approval to any Tenant Alteration, notifies Tenant in writing that approval is not conditioned upon removal of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insuranceTenant Alteration at the termination of expiration of this Lease, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, then Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with not be required to remove the Premises upon Lease applicable Tenant Alteration at the termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). ; provided, however, that, absent a written confirmation that approval is not conditioned on removal, then Tenant will have no authority shall, at its sole cost and expense and upon the termination or powerexpiration of this Lease, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against remove the Premises, the Property or any portion thereof. Landlord’s interest in same and restore the Premises is not and shall not to its condition prior to such Tenant Alteration. No Tenant Alteration may be subject to any liens as a result of Tenant’s use structural in nature or occupancy impair the structural strength of the Premises including specifically, without limitation, for improvements made by TenantBuilding or reduce its value, and all such liens are expressly prohibited. Tenant will promptly cause any such liens proposed structural Tenant Alteration may be disapproved by Landlord in its absolute discretion. Any proposed Tenant Alteration which will affect in any way the exterior walls or claims to be released by paymentroof of the Building, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees any penetration of the exterior walls or roof of the Building or placement of any equipment of any nature on the LEGAL02/32900769v10 exterior walls or roof of the Building, will conclusively be deemed to be structural in nature. Tenant shall pay the full cost of any Tenant Alteration and court costsshall give Landlord such reasonable security as may be requested by Landlord to insure payment of such cost. Except as otherwise provided in Section 12 and in this Section 17, all Tenant Alterations and all repairs and all other property attached to or installed on the Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Premises and the property of Landlord has without payment therefor by Landlord and shall be surrendered to Landlord upon the rightexpiration or earlier termination of this Lease. Notwithstanding the foregoing, but not the obligationTenant shall be permitted to make non-structural Tenant Alterations without Landlord’s prior consent, to discharge any the extent that such lien. Any amount paid by Landlord Alterations (i) do not affect the exterior appearance of the Building or the structural aspects of the Building, (ii) significantly affect the mechanical, electrical and plumbing systems and related equipment of the Building or (iii) cost more than $50,000 in the aggregate for such purpose Alteration ("Cosmetic Alterations").
(b) Tenant shall not permit the 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 at the Premises by, or at the direction or sufferance of, Tenant. Tenant agrees to indemnify Landlord against, hold Landlord harmless from, and defend Landlord and the Premises against (with legal counsel acceptable to Landlord’s related ) all liens, claims, liabilities and costs (including, without limitation, reasonable attorneys’ fees shall actually incurred) of every kind, nature and description which may be paid suffered or incurred by Landlord and arise out of, or in any way be connected with, such work or a failure by Tenant to meet its obligations under this Section 17. If any such liens are filed against the Premises, Tenant shall discharge the same by payment or bonding within five (5) business days after Tenant has actual knowledge of the existence of the lien or receipt of written notice from Landlord of the existence of the lien, whichever occurs first. If Tenant fails timely to accomplish such discharge, 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 shall accrue interest from the date paid expenses incurred by Landlord until in connection therewith, including, without limitation, reasonable attorneys' fees and expenses, including litigation through all trial and appellate levels. Nothing contained in this Lease shall be construed as a consent or authorization by Landlord is reimbursed therefor to allow any person claiming through or under Tenant to file or otherwise subject the Premises to any lien claim of any nature under any lien law of the state in which the Premises are located, whether existing on the Lease Date or adopted at any time during the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESTerm.
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Tenant Alterations. (a) Except for completion of Tenant will not make or allow to be made any alterations in or Work undertaken by Tenant pursuant to the Premises Workletter, the following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not unreasonably withheld, conditioned or delayed make or cause to be made any Tenant Alterations in or to the exteriorPremises or any Property systems serving the Premises. Prior to making any Tenant Alterations, or are not Tenant shall give Landlord ten (10) days prior written notice to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the structure, or are not to Buildings systems, or which are merely cosmetic in naturenames and addresses of all contractors and subcontractors and copies of all contracts with them. All Tenant alterations Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to those whose work will be accomplished not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of Decorating the Premises and any work to the Property occasioned thereby. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner at with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expenseintended use or of compliance with the requirements of Section 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Landlord Work and Tenant Additions whether installed by Landlord or Tenant, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlordshall without compensation or credit to Tenant, such approval become part of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to the property of Landlord upon the expiration or earlier termination of this Lease and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article Twelve, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations may remove them or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered is required to Landlord along with the Premises remove them at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibitedrequest. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Samples: Lease Agreement (Avista Public Acquisition Corp. II)
Tenant Alterations. Tenant will not make or allow permit anyone to be made make any alterations alterations, decorations, additions or improvements (hereinafter referred to collectively as "improvements"), structural or otherwise, in or to the Premises or the Building, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not unreasonably withheld. When granting its consent, Landlord may impose any conditions it deems appropriate, including, without limitation, the approval of plans and specifications, approval of the contractor or other persons to perform the exteriorwork, or are not to and the structure, or are not to Buildings systems, or which are merely cosmetic in natureobtaining of specified insurance. All Tenant alterations will improvements permitted by Landlord must be accomplished in performed by bonded contractors and must conform to all rules and regulations established from time to time by the Board of Fire Underwriters having jurisdiction or similar body exercising similar functions and to all laws, regulations and requirements of the federal, Virginia and City of Alexandria governments. As a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by condition precedent to such written consent of Landlord, such approval Tenant agrees to obtain and deliver to Landlord written, unconditional waivers of contractor not mechanic's and materialmen's liens against the Building and the land upon which it is situated from all proposed contractors, subcontractors, laborers and material suppliers for all work, labor and services to be unreasonably withheld or delayed. All contractors performing alterations performed and materials to be furnished in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable connection with improvements to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of If, notwithstanding the foregoing, any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ mechanic's or materialmen’s 's lien or claim of any kind is filed against the Premises, the Property or any portion thereof. Landlord’s interest in Building and/or the Premises land upon which it is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitationsituated, for improvements made work claimed to have been done for, or materials claimed to have been furnished to, the Premises, such lien shall be discharged by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty ten (3010) days after request thereafter, at Tenant's sole cost and expense, by Landlord, and will indemnify Landlord against losses arising out the payment thereof or by the filing of any such claim including, without limitation, legal fees and court costsa bond. Landlord has the right, but not the obligation, If Tenant shall fail to discharge any such mechanic's or materialmen's lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including attorneys' fees incurred in connection therewith) as additional rent payable with the next fixed monthly rental payment falling due; it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. Any amount paid It is understood and agreed that any alterations, decorations, additions or improvements to the Premises shall be conducted on behalf of Tenant and not on behalf of Landlord, and that Tenant shall not be deemed to be the agent of Landlord. It is further understood and agreed that in the event Landlord shall give its written consent to the making of any improvements to the Premises, such written consent shall not be deemed to be an agreement or consent by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees to subject its interest in the Premises, the Building or the land upon which it is situated to any mechanic's or materialmen's liens which may be filed in connection therewith. Tenant shall be paid supply Landlord with as-built plans showing all improvements by Tenant to Landlord the Premises or the Building promptly upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISEScompletion of each such improvement.
Appears in 1 contract
Samples: Office Lease (Yellow Brix Inc)
Tenant Alterations. Tenant will not shall make or allow to be made any alterations no changes in or to the Premises demised premises of any nature without first obtaining Owner's prior written consent which consent shall not (subject to the provisions of Article 45 below), be unreasonably withheld, conditioned or delayed. Subject to the prior written consent of LandlordOwner, and to the provisions of this article, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements which consent may be granted are non-structural and which do not affect utility services or withheld plumbing and electrical lines, in Landlord’s sole discretion; providedor to the interior of the demised premises, however that such Landlord consent by using contractors or mechanics first approved in each instance by Owner which approval shall not be required for changes that are not to the exteriorunreasonably withheld, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld conditioned or delayed. All Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof, and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner, and Tenant agrees to carry, and will cause Tenant's contractors performing alterations in the Premises shall carry workers’ compensation insuranceand sub-contractors to carry, such worker's compensation, commercial general liability insuranceliability, automobile personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by payment or filing a bond as permitted by law. All fixtures and excess liability insurance all paneling, partitions, railings and like installations, installed in amounts reasonably acceptable to Landlord the demised premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall deliver a certificate remain upon and be surrendered with the demised premises. Nothing in this article shall be construed to give Owner title to, or to prevent Tenant's removal of, trade fixtures, moveable office furniture and equipment, but upon removal of insurance evidencing such coverages to Landlord prior to commencing work in same from the Premises. Upon completion demised premises or upon removal, of any such workother installations as may be required by Owner, Tenant shall provide Landlord with “as built” plans, copies of all construction contractsimmediately, and proof of payment for all labor at its expense, repair and materialsrestore the demised premises to the condition existing prior to any such installations, and repair any damage to the demised premises or the building due to such removal. All alterations property permitted or improvements, required to be removed by Tenant at the end of the term remaining in the demised premises after Tenant's removal shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord abandoned and may, at all times from and after and upon completion thereof (but rights to the use election of same and Tenant’s obligations to keep in good orderOwner, condition and repair and maintain same, either be retained as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority Owner's property or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not may be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest removed from the date paid demised premises by Landlord until Landlord is reimbursed therefor Owner, at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESTenant's expense.
Appears in 1 contract
Tenant Alterations. Other than the Improvements, to which Landlord has consented, Tenant will not make or allow to be made any alterations in or to the Premises without first obtaining the written consent of Landlord, which such consent may not to be granted unreasonably withheld or withheld in Landlord’s sole discretiondelayed; provided, however that such Landlord consent shall not be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner manner, and unless otherwise agreed to in writing singed by both parties hereto, at Tenant’s sole expense, and in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, improvements shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Tenant Alterations. Except for non-structural aesthetic changes (e.g., painting, lighting, etc.) not in excess of $5,000 per project to the extent permitted by the Master Lease, Tenant will not make or allow to be made any alterations in or to the Premises without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s 's sole discretiondiscretion if such alterations affect the structural elements of the Building or any Building system; provided, however that otherwise such Landlord consent shall not be required for changes that are not unreasonably withheld. Landlord may require Tenant to the exterior, or are not provide demolition and/or lien and completion bonds in form and amount satisfactory to the structure, or are not to Buildings systems, or which are merely cosmetic in natureLandlord. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s 's sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayedwithheld. All contractors performing alterations in the Premises shall carry workers’ ' compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “"as built” " plans, copies of all construction contracts, and proof of payment for all labor and materials. All Any Tenant alterations to the Premises made by or improvements, shall installed by either party hereto will remain upon and be surrendered with the Premises and become the property of Landlord upon Lease the expiration or earlier termination of this Sublease without credit to Tenant; provided, however, Landlord may, upon giving notice to Tenant prior to the commencement of construction of any addition or expiration and will be surrendered alteration, require Tenant to Landlord along with remove any additions and/or repair any alterations to restore the Premises to the condition existing at such the time Tenant took possession, with all costs of removal, repair, restoration, or alterations to be borne by Tenant. The preceding clause will not apply to moveable equipment (including telecommunications and will be deemed computer equipment), furniture, decorative items, or moveable trade fixtures owned by Landlord Tenant (collectively, Tenant's "Severable Property"), which may be removed by Tenant at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part end of the Premises, Term and shall remain with Tenant pursuant to this Lease during the term of this Leasebe so removed if Landlord directs. LANDLORD HEREBY WAIVES ANY RIGHTS IT MAY HAVE FOR LIENS ON TENANT'S SEVERABLE PROPERTY UNDER SECTION 83.08 OF THE FLORIDA STATUTES (2003). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ ' or materialmen’s 's lien or claim of any kind against the Premises, the Property Building or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ ' OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISESBUILDING OR ANY PART THEREOF. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Samples: Sublease Agreement (A21 Inc)
Tenant Alterations. Except for Permitted Alterations (as defined below),Tenant shall not commence to make any alterations, improvements or additions to the Premises (collectively "Tenant Alterations") without Landlord's prior written consent in each instance provided, however, Landlord agrees it will not make unreasonably withhold, delay or allow condition its consent to be made any cosmetic or non-structural alterations or additions which do not involve structure, walls, floors, Building systems, electrical installations or the obtaining of building permits. All alterations, physical additions, modifications or improvements in or to the Premises (including fixtures) shall, when made, become the property of Landlord and shall be surrendered to Landlord upon termination or expiration of this Lease; provided, however, that (i) Tenant shall retain title to and shall remove from the Premises movable equipment and furniture owned by Tenant and (ii) Tenant shall repair any damage caused by such removal except for nonstructural alterations to the interior of the Premises not exceeding Twenty-five Thousand Dollars ($25,000) annually during the term. If Tenant makes any Tenant Alterations or commences Tenant's Work without first obtaining the prior written consent approval of Landlord, Landlord shall have the right to require that Tenant remove any or all of such Tenant Alterations or Tenant's Work and repair and any restore damage to the Premises caused by such removal at Tenant's sole expense. Tenant's Work and any Tenant Alterations shall at all times comply fully with all applicable federal, state and municipal laws, ordinances, regulations, recorded covenants and restrictions/codes and other governmental requirements now or hereafter in force. Tenant shall provide Landlord with a written request for approval of Tenant's Work or any Tenant Alterations that Tenant would like to make with proposed detailed plans. Landlord shall have the right to condition Landlord's prior written consent upon Tenant's: (i) providing Landlord with plans and specifications for the Tenant Alterations or Tenant's Work for Landlord's prior written approval or the consent of any other tenant; (ii) obtaining a building permit and complying with all building and planning laws and regulations for the Tenant's Work or Tenant Alterations from appropriate governmental agencies; (iii) furnishing a copy of such building permit and evidence of such compliance to Landlord prior to the commencement of such work; (iv) complying with all the conditions of such building permit and such building and planning laws and regulations including without limitation those obligations and procedures stated in Chapter 108 of the Nevada Revised Statutes, as amended; (v) providing Landlord with a copy of the construction contract and construction schedule and list of subcontractors and suppliers for Landlord's prior written approval, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required unreasonably conditioned, withheld or delayed; (vi) obtaining a builder's "all risk" insurance policy in an amount and issued by insurance company reasonably acceptable to Landlord, naming Landlord as an additional insured and otherwise satisfying the requirements of Article 11 of this Lease; and, (vii) providing Landlord with ten (10) days written notice prior to commencing any such work. Landlord's approval of the plans, specifications and working drawings for changes that are not to Tenant's Work or any Tenant Alterations shall create no responsibility or liability on the exteriorpart of Landlord for their completeness, design sufficiency, or are compliance with all laws, rules and regulations of governmental agencies or authorities. Landlord shall not to the structurebe liable for any damage, loss, or are prejudice suffered or claimed by Tenant, its agents or any other person or entity on account of: (a) the approval or disapproval of any plans, contracts, bonds, contractors, sureties or matters; (b) the construction or performance of any work whether or not pursuant to Buildings systemsapproved plans; (c) the improvement of any portion of the Premises or alteration or modification to any portion of the Premises; or, (d) the enforcement or which are merely cosmetic failure to enforce any of the covenants, conditions and restrictions contained in naturethis Lease. All Tenant alterations will work with respect to any addition, alteration or improvement shall be accomplished done in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a properly qualified and licensed and bonded contractor personnel approved in advance by Landlord, and such approval work shall be diligently prosecuted to completion. Landlord may, at Landlord's option, require that any such work be performed by Landlord's contractor, in which case the cost of contractor not to such work shall be unreasonably withheld or delayedpaid for before commencement of the work. All contractors performing alterations in the Premises Tenant shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable pay to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon upon completion of any such work by Landlord's contractor, an administrative fee of fifteen percent (15%) of the cost of the work. Any such alterations, additions or improvements consented to by Landlord including any roof penetration shall be made at Tenant's sole cost and expense. Tenant shall provide Landlord with “as built” plans, copies of its own trash container or containers for construction debris; shall promptly remove all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with related debris from the Premises upon Lease termination or expiration and will be surrendered to Landlord along with all Common Areas; immediately following completion of construction shall return the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights Common Areas to the use of same and Tenant’s obligations condition they were in immediately prior to keep in good order, condition and construction; shall repair and maintain same, restore any portions of the Common Areas harmed as a part result of the construction activities to the condition they were in immediately prior to construction; shall use service entrances to the Premises, shall remain with Tenant pursuant if any; will conduct no core drilling, xxxx hammering or excessive noise during business hours; will disrupt other tenants as little as possible; and will pay to this Lease during Landlord the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim amount of any kind against and all damage to the roof caused by the penetration thereof, and the amount of any and all damages to the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens Building and/or Project as a result of Tenant’s use roof leaks caused by the penetration. Tenant shall secure any and all governmental permits, approvals or occupancy authorizations required in connection with any such work, and shall indemnify, defend Landlord against, and hold Landlord harmless from any and all liability, costs, damages (including any damage to the Building, Premises, Common Areas or any part of the Premises Project), expenses (including specificallyreasonable attorneys' fees) and any and all liens resulting therefrom. Under no circumstances shall Tenant enter upon the Project roof or make any roof penetrations without the prior written consent of Landlord. Any consent of Landlord shall be conditioned upon Landlord's review and approval of plans satisfactory to Landlord for the repair of the roof. At Landlord's option, without limitation, for improvements made any roof penetrations shall be performed by TenantLandlord's roofing contractor, and all such liens are expressly prohibited. Tenant will promptly cause shall reimburse Landlord for the cost thereof and any such liens or claims to be released by payment, bonding or otherwise necessary repair work within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out Tenant's receipt of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESan invoice therefor.
Appears in 1 contract
Tenant Alterations. Tenant will shall not make any alterations, additions or allow to be made any alterations improvements in or to the Premises Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing or wiring (individually and collectively "Tenant Alterations"), without first obtaining the written consent of Landlord, Landlord which consent may be granted or withheld in Landlord’s 's discretion. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all such work shall be performed at Tenant's expense by Landlord or by Tenant at Landlord's election and by contracts previously approved by Landlord. Without limiting the generality of the foregoing, Landlord may require Tenant (if Landlord has elected to require Tenant to perform the Tenant Alterations), at Tenant's sole discretion; providedcost and expense, however that such to obtain and provide Landlord consent shall not be required for changes that are not with proof of insurance coverage and a payment and performance bond, in forms, amounts and by companies acceptable to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in natureLandlord. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expenseAlterations to the Premises, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlordregardless of which party constructed them, such approval shall become the property of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, remain upon and proof of payment for all labor and materials. All alterations or improvements, shall remain be surrendered with the Premises upon Lease the expiration or earlier termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease), unless Landlord's consent to such Tenant Alterations is conditioned upon Tenant removing the Tenant Alterations upon the expiration or earlier termination of this Lease. If Tenant fails to remove any such Tenant Alterations as required by Landlord's consent, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord within ten (10) Business Days after Tenant's receipt of Landlord's written demand therefor, which obligation shall survive expiration or earlier termination of the Lease. Tenant will have no authority or powershall reimburse Landlord, express or impliedupon receipt of demand therefor, for all out-of-pocket costs and expenses incurred by Landlord related to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result its review of Tenant’s use 's plans and specifications (regardless of whether Landlord approves Tenant's request) and Tenant's construction. Nothing contained in this paragraph or occupancy the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out provisions of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESparagraph captioned "Mechanic's Liens".
Appears in 1 contract
Tenant Alterations. Tenant will shall not make any alterations, additions or allow to be made any alterations improvements in or to the Premises Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing or wiring (individually and collectively "Tenant Alterations"), without first obtaining the written consent of Landlord, Landlord which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises Tenant shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all such work shall deliver a certificate be performed at Tenant's expense by Landlord or by Tenant at Landlord's election. Tenant may select its own contractor to perform the Tenant Alterations, subject to Landlord's reasonable approval and the contractor's willingness to enter into Landlord's form of insurance evidencing such coverages agreement with respect to construction of the Tenant Alterations. Tenant shall reimburse Landlord, upon receipt of demand therefor, for all out-of-pocket costs and expenses incurred by Landlord prior related to commencing work in the Premisesits review of Tenant's plans and specifications (regardless of whether Landlord approves Tenant's request). Upon completion of any such workthe Tenant Alterations, Tenant shall pay Landlord an amount equal to Landlord's reasonable out-of-pocket costs in connection with Landlord's coordination, administration and inspection of such work. Without limiting the generality of the foregoing. Landlord may require Tenant (if Landlord has elected to require Tenant to perform the Tenant Alterations), at Tenant's sole cost and expense, to obtain and provide Landlord with “as built” plans, copies of all construction contracts, and proof of insurance coverage and a payment for all labor and materialsperformance bond, in forms, amounts and by companies acceptable to Landlord. All alterations or improvementsTenant Alterations to the Premises, regardless of which party constructed them, shall become the property of Landlord (except for Tenant's trade fixtures, which shall remain Tenant's property) and shall remain upon and be surrendered with the Premises upon Lease the expiration or earlier termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). ; provided that, upon the expiration or earlier termination of this Lease, at Landlord's election and upon notice to Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim (which election shall be made and notice shall be given at the time of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy 's approval of the Premises including specificallyTenant Alterations), without limitation, for improvements made by Tenant shall be required to remove some or all of the Tenant Alterations as designated in Landlord's notice to Tenant, and all such liens are expressly prohibited. If Tenant will promptly cause fails to remove any such liens or claims Tenant Alterations as required by Landlord's consent, Landlord may do so and Tenant shall pay to be released by payment, bonding or otherwise Landlord the entire cost thereof plus an administrative charge of five percent (5%) within thirty ten (3010) calendar days after request by Tenant's receipt of Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs's written demand therefor. Landlord has Nothing contained in this paragraph or the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees paragraph captioned "Tenant's Work Performance" shall be paid by Tenant to Landlord upon demand and shall accrue interest from deemed a waiver of the date paid by Landlord until Landlord is reimbursed therefor at provisions of the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESparagraph captioned "Mechanic's Liens".
Appears in 1 contract
Samples: Office Lease (Eloyalty Corp)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or to the Premises without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole reasonable discretion; provided, however however, that such Landlord Landlord’s consent shall not be required for changes interior, nonstructural alterations which do not impact the Building Systems and which cost less than $150,000.00 in the aggregate to perform each alteration project, but Tenant shall notify Landlord of any such interior, nonstructural alterations. For alterations that are not require Landlord’s consent, Landlord shall have ten (10) business days within which to review any submission by Tenant to Landlord of the exterior, or are not plans and specifications therefor. Landlord may require Tenant to the structure, or are not provide demolition and/or lien and completion bonds in form and amount satisfactory to Buildings systems, or which are merely cosmetic in natureLandlord. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All Any Tenant alterations to the Premises made by or improvements, shall installed by either party hereto will remain upon and be surrendered with the Premises and become the property of Landlord upon the expiration or earlier termination of this Lease termination or expiration and will be surrendered without credit to Landlord along with Tenant; provided, however, Landlord, at it option, may require Tenant to remove any additions and/or repair any alterations to restore the Premises to the condition existing at such the time and Tenant took possession, with all costs of removal, repair, restoration, or alterations to be borne by Tenant. This clause will be deemed not apply to moveable equipment, furniture or moveable trade fixtures owned by Landlord Tenant, which may be removed by Tenant at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part end of the PremisesLease Term if Tenant is not then in default and if such equipment and furniture are not then subject to any other rights, shall remain with Tenant pursuant to this Lease during the term liens and interests of this Lease)Landlord. Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property Park or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Samples: Lease Agreement (Website Pros Inc)
Tenant Alterations. Tenant will not shall make no significant alterations, decorations, additions or allow to be made any alterations improvements in or to the Premises without first obtaining the Landlord's prior written consent of consent, and then only by contractors or materialmen approved by Landlord, which consent may be granted or withheld in . Landlord’s sole discretion; provided, however that such Landlord consent 's approval herein when requested shall not be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Premises or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. All such work shall carry workers’ compensation insurancebe done at such times and in such manner as Landlord may from time to time designate in a manner to avoid interference with Tenant's business. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, commercial general liability insurancerules, automobile insurance orders, ordinances, directions, regulations and excess liability insurance in amounts reasonably acceptable to Landlord requirements of all governmental agencies, offices, departments, bureaus and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to boards having jurisdiction. Before commencing work in the Premises. Upon completion of any such work, Tenant shall provide give Landlord with “as built” plansat least five (5) days' written notice of the proposed commencement of such work and shall, copies if required by Landlord, secure at Tenant's own cost and expense a completion and lien indemnity bond for such work in excess of all construction contracts$50,000.00, satisfactory to Landlord, for such work. Tenant further covenants and proof of payment for all labor and materials. All alterations or improvements, shall remain with agrees that any mechanic's lien filed against the Premises upon Lease termination for work claimed to have been done for, or expiration and materials claimed to have been furnished to, Tenant, will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made discharged by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens by bond or claims to be released by paymentotherwise, bonding or otherwise within thirty (30) days after request the filing thereof, at the cost and expense of Tenant. All alterations, decorations, additions or improvements upon the Premises made by Landlordeither party, including (without limiting the generality of the foregoing) all wall coverings, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord and shall remain upon, and will indemnify be surrendered with, the Premises, as a part thereof, at the end of the term hereof, except that Landlord against losses arising out of any such claim includingmay, without limitationby written notice to Tenant, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by require Tenant to remove all partitions, counters, railings and the like installed by Tenant, and Tenant shall repair or, at Landlord's option, shall pay to the Landlord upon demand and shall accrue interest all costs arising from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESsuch removal.
Appears in 1 contract
Tenant Alterations. Tenant will shall not make any alterations, additions or allow to be made any alterations improvements in or to the Premises Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, wiring or Telecommunication Facilities (individually and collectively "Tenant Alterations"), without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be unreasonably withheld, conditioned or delayed provided such alterations, additions or improvements are entirely within the Premises and do not impact any structural components of the Building or any building systems. Notwithstanding the foregoing, Tenant may make interior non-structural Alterations which do not affect any of the Building's mechanical, HVAC, electrical, plumbing or other systems without the consent of the Landlord provided that the aggregate cost of such Alterations does not exceed Fifty Thousand Dollars ($50,000.00) ("Permitted Alterations") in any period of twelve (12) consecutive calendar months. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations (including Permitted Alterations). If consent by Landlord is required for changes that are not to the exteriorand given, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will all such work shall be accomplished in a good and workmanlike manner performed at Tenant’s sole expense, in conformity with all Applicable Laws 's expense by a licensed and bonded contractor approved in advance Landlord or by Tenant at Landlord, such approval of contractor not to be unreasonably withheld or delayed's election. All contractors performing alterations in the Premises Tenant shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable pay to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned costs incurred by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep for any architecture, engineering, supervisory and/or legal services in good orderconnection with any Tenant Alterations, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees Landlord's review of the plans and court costsspecifications. Without limiting the generality of the foregoing, Landlord may require Tenant (if Landlord has elected to require Tenant to perform the Tenant Alterations), at Tenant's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond, in forms, amounts and by companies acceptable to Landlord in Landlord's reasonable discretion. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, but not the obligationin addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to discharge any require Tenant to remove some or all of Tenant Alterations, or at Landlord's election, Landlord may remove such lienTenant Alterations and restore the Premises at Tenant's expense. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall be paid by Tenant to Landlord upon demand and shall accrue interest from deemed a waiver of the date paid by Landlord until Landlord is reimbursed therefor at provisions of the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESparagraph captioned "Mechanic's Liens".
Appears in 1 contract
Samples: Gross Lease (Lightbridge Inc)
Tenant Alterations. Tenant will shall not make any installations, alterations, improvements, or allow to be made any alterations in or the like to the Premises without in each case first obtaining Landlords written consent. Landlord may grant or withhold its consent in its sole and absolute discretion in the written consent case of Landlordany proposed installation, which consent may be granted or withheld in Landlord’s sole discretion; providedalteration, however that such Landlord consent shall not be required for changes that are not to the exteriorimprovements, or are not to the structurelike which (i) may affect the structure of the Premises, or (ii) are not to Buildings systemson the exterior of the Premises, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld (iii) require cutting or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in drilling into the Premises. Upon completion , or securing of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered item to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a any part of the Premises, shall remain with or penetrating the roof. If Landlord elects to require that alterations, installations, changes, replacements, additions or improvements made by Tenant pursuant to this Lease during the term Premises be removed at the termination of this Lease), then Tenant hereby agrees to cause the same to be removed at its sole cost and expense. If Tenant fails to remove the same, then Landlord may cause them to be removed at Tenant’s expense, and Tenant hereby agrees to reimburse Landlord for the cost of such removal, together with any and all damages which Landlord may suffer and sustain by reason of Tenant’s failure to remove the same. Alternatively, Landlord may elect that any or all of the alterations, installations, changes, replacements, additions to or improvements made by Tenant to the Premises shall remain at the termination of this Lease and not be removed. Tenant will have no authority shall immediately discharge any lien which is filed against the Premises or powerthe Project as a result of work performed by or on behalf of Tenant. Tenant shall not, express without first obtaining Landlord’s prior written consent as to the size, design, location, type of composition or impliedmaterial and lighting thereof, to create display any sign, logo, lettering, or cause any construction lien or mechanics’ or materialmen’s lien or claim the like on the outside of any kind against the Premises, the Property Building or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use Project, or occupancy on the inside of the Premises including specificallyin such a manner as to be visible from the outside. Tenant shall maintain any sign, without limitationlogo, for improvements made by Tenantlettering, or the like in good condition and repair at all times, and all such liens are expressly prohibitedshall pay any taxes imposed thereon. Tenant will promptly cause any such liens or claims to be released by paymentNotwithstanding the foregoing, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees Building standard signage shall be paid by available to Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESTenant’s expense.
Appears in 1 contract
Samples: Revolving Credit Agreement (First Potomac Realty Trust)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or to the Premises without first obtaining the written consent of Landlord, which consent may shall not be granted unreasonably withheld, conditioned or withheld in Landlord’s sole discretiondelayed; provided, however that such Landlord consent shall not be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a Laws, including without limitation, the Marijuana Code. All such contractors performing work for Tenant shall be licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayedcontractors. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, automobile insurance and commercial general liability insurance, automobile insurance and excess liability insurance as applicable, in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, except for lighting and lighting fixtures, security systems and millwork and cabinetry to the extent each was paid for by Tenant, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. LandlordLxxxxxxx’s interest in the Premises is not and shall not be subject to any liens as a result of TenantTxxxxx’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by LandlordLxxxxxxx, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest at a rate of ten percent (10%) per annum from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Lawtherefor. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or (a) The following provisions shall apply to the Premises completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent may shall not be granted unreasonably withheld, make or withheld cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Pursuant to Article 12, at the time of Landlord’s sole discretionconsent, Landlord shall indicate whether such Tenant Alteration must be removed from the Premises at the expiration or earlier termination of this Lease. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed; provided, however however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) provided that such engineers and contractors are competitively priced with other similar vendors. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent shall not be required for changes that are not upon Tenant furnishing to Landlord and Landlord approving prior to the exterior, commencement of any work or are not delivery of materials to the structurePremises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, or are opinions from Landlord’s engineers stating that the Tenant Alterations will not to Buildings in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations, as applicable.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or which are merely cosmetic Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in nature. All Tenant alterations will be accomplished accordance with all Laws, Hazardous Materials Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, (ii) in a good and workmanlike manner at with the use of good grades of materials, and (iii) in accordance with the requirements of the Project’s Sustainability Practices and Tenant is strongly encouraged to comply with the applicable Green Building Standards. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expenseintended use or of compliance with the requirements of Section 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions shall without compensation or credit to Tenant, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval become part of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to the property of Landlord at the time of their installation and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article 12, Tenant shall provide Landlord with “as built” plansmay remove them or is required to remove them at Landlord’s request.
(c) Notwithstanding anything in this Lease to the contrary, copies of all construction contractsTenant, without Landlord’s consent, in its sole discretion and proof of payment for all labor at its sole cost and materials. All alterations or improvementsexpense, shall remain with have the right to install drapes, curtains, blinds or other desirable window coverings on the windows of the Premises upon Lease termination or expiration and will which may be surrendered viewed from the Common Terrace, subject to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same Landlord’s and Tenant’s obligations to keep in good ordermutual agreement regarding the type and exterior-facing color of such window coverings, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be further subject to any liens as a result of Tenant’s use or occupancy of obligations under this Section 9.1 regarding Tenant Alterations. For clarity, Tenant’s right includes the Premises including specifically, without limitation, for improvements made by right to completely cover such windows to protect Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESconfidentiality.
Appears in 1 contract
Tenant Alterations. Tenant will shall not make any alterations, additions or allow to be made any alterations improvements in or to the Premises Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, wiring or Telecommunication Facilities (individually and collectively, “Tenant Alterations”), without first obtaining the written consent of Landlord, which consent Landlord may be granted or withheld withhold in its sole discretion. Notwithstanding the foregoing, Landlord’s sole discretion; provided, however consent to any Tenant Alterations that such Landlord consent are entirely within the Premises and do not impact any structural components of the Building or any Building systems shall not be required unreasonably withheld, conditioned or delayed. For all purposes hereof, the phrase “Tenant Alterations” shall include any signs installed or proposed to be installed by Tenant pursuant to Section 4.23. Tenant shall deliver to Landlord full and complete plans and specifications for changes that are not to the exteriorany proposed Tenant Alterations and, or are not to the structureif consent by Landlord is given, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will all such work shall be accomplished in a good and workmanlike manner performed at Tenant’s sole expense, in conformity with all Applicable Laws expense by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayedTenant. All contractors performing alterations in the Premises Tenant shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable pay to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned reasonable out-of-pocket costs incurred by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep for any architecture, engineering, supervisory and/or legal services in good orderconnection with any Tenant Alterations, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees Landlord’s review of any plans and court costsspecifications. Without limiting the generality of the foregoing, Landlord has may require Tenant, at Tenant’s sole cost and expense, to obtain and provide Landlord with proof of insurance coverage, in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any Tenant Alterations without Landlord’s prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, but not the obligationin addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to discharge require Tenant to remove some or all of Tenant Alterations, or at Landlord’s election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant’s expense. Nothing contained in this Section 4.4 or the Section entitled “Tenant’s Work Performance” shall be deemed a waiver of the provisions of the Section entitled “Mechanic’s Liens”. Notwithstanding the foregoing, Tenant shall not be required to obtain Landlord’s consent for redecorating, repainting, recarpeting, or other alterations, tenant improvements or physical additions to the Premises which are cosmetic in nature totaling less than Fifty Thousand Dollars ($50,000.00) in any single instance or series of related alterations performed within a twelve (12) month period (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a means to subvert this provision), in each case provided that (A) Tenant delivers to Landlord written notice thereof, a list of contractors and subcontractors to perform the work (and certificates of insurance for each such contractor and subcontractor) and, if and only if plans and/or specifications are prepared for the work, copies of such plans and/or specifications, prior to commencing any such lien. Any amount paid alterations, additions or improvements (for informational purposes only so long as no consent is required by Landlord for as required by this Lease), (B) the installation thereof does not require the issuance of any building permit or other governmental approval, or involve any core drilling or the configuration or location of any exterior or interior walls of the Building, and (C) such purpose alterations, additions and Landlordimprovements will not affect (i) the Building’s related reasonable attorneys’ fees shall be paid by Tenant structure or the Building’s systems, (ii) the provision of services to Landlord upon demand and shall accrue interest from other Building tenants, or (iii) the date paid by Landlord until Landlord is reimbursed therefor at appearance of the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESBuilding’s common areas or the exterior of the Building.
Appears in 1 contract
Tenant Alterations. Tenant will shall not make any alterations, improvements or allow to be made any alterations in similar structural or non-structural changes to the Premises (“Alterations”), without first obtaining the written consent of Landlord’s prior consent, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant shall not be required to obtain Landlord’s prior consent for interior nonstructural changes that are not with a total project cost under $10,000.00. Notwithstanding anything to the exteriorcontrary in this Lease, Tenant shall not paint, puncture or are not to hang any material on any portions of the structureDIRTT Systems Furniture Walls within the Premises, or are not to Buildings systemswithout Landlord’s consent and coordination. Any Alterations shall be completed by Tenant at Tenant’s sole cost and expense: (i) with due diligence, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expensemanner, using good materials; (ii) in conformity compliance with all Applicable Laws by a licensed plans and bonded contractor specifications approved in advance by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; (iii) in compliance with any construction rules and regulations which have then been promulgated uniformly and in good faith and communicated by Landlord to Tenant; (iv) in accordance with all applicable Laws (including all work, whether structural or nonstructural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) subject to the conditions set forth in the following sentence which Landlord may in Landlord’s good faith discretion impose at the time of giving the consent. The conditions permissibly imposed by Landlord shall be limited to requirements for Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant’s contractors or design professionals, if the cost of work undertaken as a single project exceeds $50,000.00 and if Landlord would require such bonds or insurance if the contractors or professionals were retained by Landlord); (ii) use contractors or subcontractors approved by Landlord, which approval of contractor shall not to be unreasonably withheld or delayed (or withheld without a written explanation of the reason therefor) or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance ; and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of (iii) remove all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Alterations (except Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority Improvements or power, express Alterations paid for in whole or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. in part by Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise ) within thirty (30) days after request expiration or termination of the Term, as designated by Landlord at least ninety (90) days prior thereto, or such Alterations will then become the property of Landlord. If any work outside the Premises, or any work on or adjustment to any of the Building systems, is required in connection with or as a result of Tenant’s Alterations, such work shall be performed at Tenant’s expense by contractors designated by Tenant but approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractors and other aspects of construction work for any Alterations proposed by Tenant is intended solely to protect Landlord, the Project and Landlord’s interests in the Project, and Landlord shall not withhold, condition or delay any such approval or any consent for any other reason. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. In addition to any Alteration paid for in whole or in part by Landlord, and will indemnify subject to the following sentence, all Alterations which would be fixtures under Arizona law if Tenant owned fee title to the Project shall upon installation become part of the Building and be the property of Landlord. Tenant may from time to time replace any Alterations upon satisfaction of all applicable requirements of this Section 5, provided that if any Alterations so replaced are the property of Landlord against losses arising out the replacement Alterations shall also be the property of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Tenant Alterations. (a) Except for completion of Tenant will not make or allow to be made any alterations in or Work undertaken by Tenant pursuant to the Premises Workletter, the following provisions shall apply to the completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not unreasonably withheld, make or cause to be made any Tenant Alterations in or to the exteriorPremises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or are not such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord's prior written consent. Tenant shall furnish Landlord with the structure, or are not to Buildings systems, or which are merely cosmetic in naturenames and addresses of all contractors and subcontractors and copies of all contracts. All Tenant alterations Alterations shall be completed only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building's systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to those whose work will be accomplished not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord's engineers stating that the Tenant Alterations will not in any way adversely affect the Building's systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's standard construction rules and regulations, and (ii) in a good and workmanlike manner at with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expense's intended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions whether installed by Landlord or Tenant, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlordshall without compensation or credit to Tenant, such approval become part of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to the property of Landlord at the time of their installation and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article Twelve, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations may remove them or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered is required to Landlord along with the Premises remove them at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES's request.
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
Tenant Alterations. Tenant 9.1 The initial tenant improvements in and to the Premises shall be installed by Landlord in accordance with Exhibit B attached hereto. It is understood and. agreed that Landlord will not make make, and is under no obligation to make, any structural or allow to be made any alterations other alterations, decorations, additions or improvements in or to the Premises without first obtaining Premises, except as provided in Section 6.1 or Exhibit B.
9.2 Tenant shall not be required to obtain the consent of Landlord for the making of alterations, additions, improvements or decorations (collectively, “improvements”) in or to the Premises, provided (i) such improvements do not involve any structural changes to any portion of the base building, (ii) such improvements will not change or alter the operation of the mechanical, electrical, HVAC, plumbing equipment or other systems serving the building or the Premises, (iii) such improvements are not visible from either the exterior of the building or the public areas of multi-tenanted floors in the building. Tenant shall be required to obtain the prior written consent of Landlord to the making of improvements that violate any of conditions (i), (ii) and (iii) above. Landlord, which ’s consent may be granted or withheld in Landlord’s sole discretion; provideddiscretion with respect to improvements that (A) involve structural changes to the building, however except that such Landlord shall not unreasonably withhold its consent to core drilling for the purpose of installing wiring and cabling or to the movement of partitions (it being agreed that it shall be reasonable for Landlord to require that Tenant pay the cost of any survey or testing performed or commissioned by Landlord to determine the effect Tenant’s core drilling or partition movement will or may have on the building, as well as the cost of any changes to the building necessitated by Tenant’s core drilling or partition movement) or (B) change the exterior appearance of the building. Anything to the contrary contained herein notwithstanding, Landlord and Tenant shall share equally all costs and expenses associated with any addition, deletion and/or modification to the perimeter heat pumps resulting from the movement or relocation of any partitions within ‘any portion of the Premises actually occupied by Tenant (and not by any assignee or subtenant (other than an entity described in Section 7.6(a) hereof)). Landlord’s consent shall not be required unreasonably withheld or delayed with respect to any other improvements for changes that are not which Landlord’s consent is required, but may be conditioned upon Tenant’s agreement to compensate Landlord for any incremental costs incurred by reason of the making of the improvement. Tenant shall give Landlord prior written notice of Tenant’s intention to make any improvements in or to the exteriorPremises, and shall furnish Landlord with copies of any plans or working drawings prepared by Tenant with respect thereto.
9.3 When Landlord’s consent to the making of an improvement is required, Landlord may impose any conditions it reasonably deems appropriate, including, without limitation, the approval of plans and specifications, approval of the contractor or other persons who will perform the work, and the obtaining of required permits and specified insurance. It shall be reasonable for Landlord to insist that portions of the Premises visible to the public shall maintain a uniform appearance with the rest of the Office Complex. Tenant shall not make any improvements outside the Premises. All improvements must conform to all rules and regulations established from time to time by the Underwriters’ Association of the District of Columbia and to all laws, regulations and requirements of the Federal and District of Columbia governments. All materials used by Tenant and all changes made by Tenant shall comply with all fire, safety, health and building code requirements imposed by any governmental authority .having jurisdiction over the building, and any contractor or subcontractor performing such improvements shall comply with the reasonable building work rules established by Landlord. If any mechanic’s or materialmen’s lien is filed against the Premises, the Office Complex and/or the land upon which it is situated, for work claimed to have been done for, or are materials claimed to have been furnished to, the Premises pursuant to this Article IX, such lien shall be discharged by Tenant within ten (10) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a surety bond. Promptly upon the completion of any improvements performed in the Premises pursuant to this Article IX, Tenant agrees to obtain and deliver to Landlord written, unconditional waivers of mechanic’s and materialmen’s liens against the Office Complex and the land upon which it is situated from all contractors, subcontractors, laborers and material suppliers for all work, labor and services performed and materials furnished in connection with such improvements. If Tenant shall fail to discharge any such mechanic’s or materialmen’s lien, Landlord may, at its option, discharge such lien and treat the cost thereof (including reasonable attorneys ‘fees incurred in connection therewith) as additional rent payable with the next monthly installment of base rent falling due; it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. It is understood and agreed that any improvements to the structurePremises not made or paid for by Landlord shall be conducted on behalf, of Tenant and not on behalf of Landlord, and that Tenant shall be deemed to be the “owner” (and not the “agent” of Landlord) for purposes of the application of Section 38101 of the District of Columbia Code. It is further understood and agreed that in the event Landlord shall give its written consent to the making of any improvements to the Premises, such written consent shall not be deemed to be an agreement or consent by Landlord to subject its interest in the Premises, the Office Complex or the land upon which it is situated to any mechanic’s or materialmen’s liens which may be filed in connection therewith.
9.4 If any improvements for which Landlord’s consent is required are not made without the prior written consent of Landlord, Landlord shall have the right to Buildings systemsremove and correct such improvements and restore the Premises to their condition immediately prior thereto, and Tenant shall be liable for all expenses incurred by Landlord in connection therewith. Tenant shall have the right to .remove, prior to the expiration of the Lease Term, all movable furniture, movable furnishings and movable equipment installed in the Premises. Such removal shall be solely at the expense of Tenant. Except as otherwise provided in Section 8.3 or which are merely cosmetic in nature. All Tenant alterations will 13.4, all damage and injury to the Premises or the Office Complex caused by such removal shall be accomplished in a good and workmanlike manner repaired by Tenant, at Tenant’s sole expense, in conformity with all Applicable Laws . If such property of Tenant is not removed by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord Tenant prior to commencing work in the Premises. Upon completion expiration or termination of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). (or such later date through which Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest remains in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises pursuant to Section 22.1, the same shall become the property of Landlord and shall be surrendered with the Premises as a part thereof. Landlord agrees that, upon Tenant’s written request, Landlord will notify Tenant at the time an improvement or alteration that is not otherwise removable by Tenant under the terms of this Section 9.4 is approved for installation within the Premises (including, as the case may be, upon approving the initial installation of any improvements pursuant to Exhibit B) whether Landlord will require Tenant to remove such improvement or alteration from the Premises upon the expiration of the Lease Term. Notwithstanding the foregoing, the business records (including specificallyfiles and computer tapes), without limitation, for improvements made by confidential information and other documents associated with Tenant’s operations shall at all times remain the property of Tenant, and all Tenant shall have the right to remove such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest materials from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESPremises.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Tenant Alterations. Tenant will not shall make or allow to be made any alterations no changes in or to the Premises demised premises of any nature without first obtaining Owner's prior written consent. Subject to the prior written consent of LandlordOwner, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not and to the exteriorprovisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the structureinterior of the demised premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or are not to Buildings systemsimprovements, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole its expense, in conformity with obtain all Applicable Laws permits, approvals an certificates required by a licensed any governmental or quasi-governmental bodies and bonded contractor approved in advance by Landlord, such (upon completion) certificates of final approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a certificate party, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant's behalf, shall, upon installation, become the property of insurance evidencing such coverages Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Landlord Tenant no later than twenty days prior to commencing work the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the Premisessame shall be removed from the premises by Tenant prior to the expiration of the lease at Tenant's expense. Upon completion Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such workfrom the premises or upon removal of other installations as may be required by Owner, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, immediately and proof of payment for all labor at its expense repair and materialsrestore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All alterations property permitted or improvementsrequired to be removed, by Tenant at the end of the term remaining in the premises after Tenant's removal shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord abandoned and may, at all times from and after and upon completion thereof (but rights to the use election of same and Tenant’s obligations to keep in good orderOwner, condition and repair and maintain same, either be retained as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority Owner's property or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not may be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest removed from the date paid premises by Landlord until Landlord is reimbursed therefor Owner, at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESTenant's expense.
Appears in 1 contract
Samples: Sublease (Miningco Com Inc)
Tenant Alterations. A. Anything in Article 3, above, notwithstanding, the parties hereto agree that Tenant will shall be permitted, at its sole cost and expense, to make alterations, repairs, installations, additions or improvements (collectively, "Alterations"), which are non-structural and do not make or allow affect Building systems, provided that Tenant furnishes Landlord with copies of detailed plans and with completed, finished, detailed architectural drawings and specifications for Tenant's installation work and with detailed mechanical plans and specifications, where necessary (and which shall be prepared by an engineer selected by Tenant reasonably satisfactory to Landlord) for air conditioning system and ductwork, heating, electrical, plumbing and other mechanical plans therefor ("Plans and Specifications"), which Plans and Specifications shall be made any alterations in or suitable for filing with the appropriate governmental agencies and shall be subject to the Premises without first obtaining the prior written consent approval of Landlord, which consent may approval shall not be granted unreasonably withheld, conditioned or withheld delayed; provided that Landlord shall respond to requests for approval as soon as practicable, but in no event later than fifteen business days after Landlord receives the Plans and Specifications; and provided further that after the completion of Tenant's Work and Tenant's initial alteration and improvement to the Demised Premises Landlord’s sole discretion; provided, however that such Landlord consent 's approval shall not be required for changes decorating or painting of the Demised Premises or for non-structural alterations costing less than $50,000 ("Minor Alterations") if Landlord has received written notice from Tenant that are not it is performing said work. If Landlord shall disapprove any submission by Tenant, Landlord shall set forth in reasonable detail the reasons for its disapproval. As a condition for Landlord's approval Tenant shall pay all costs and expenses incurred by Landlord to have Tenant's plans and specifications reviewed by its architect, engineers or other necessary professionals, and Landlord shall use its reasonable efforts to keep such costs and expenses to a minimum. After its approval of the exteriorPlans and Specifications, Landlord shall sign any necessary building department permit applications and otherwise cooperate with Tenant in obtaining any necessary governmental approvals. Tenant covenants and agrees that no Alterations (whether structural or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations non-structural) will be accomplished made except in compliance with, and Tenant hereby covenants that it will comply with, each of the following provisions:
(i) all Alterations except Minor Alterations shall be made and completed in accordance with the plans and specifications and contract documents theretofore submitted and approved by Landlord (subject to unavoidable delays); provided, however, that no such approval of Plans and Specifications by Landlord shall relieve Tenant of its obligations with respect to governmental authorities as set forth in subparagraph (ii) below;
(ii) before any Alterations are begun, Tenant shall procure, at its sole cost and expense, all necessary licenses, permits, approvals and authorizations from all governmental authorities and shall, deliver photocopies thereof to Landlord, together with all insurance, including comprehensive liability, builder's risk and workmen's compensation in amounts and with companies reasonably satisfactory to Landlord;
(iii) all Alterations shall be made in a good first class manner in compliance and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws applicable laws and ordinances (including, but not limited to, all building and zoning laws and ordinances) and with all applicable licenses, permits, authorizations and approvals, and with all applicable rules, regulations, orders and requirements of all governmental authorities, as well as those of the national and local Boards of Fire Underwriters, or any other body or bodies exercising similar functions;
(iv) any and all Alterations, including HVAC, electrical and plumbing work, as specified in the plans and specifications, must be performed only by a licensed contractors or mechanics selected by Tenant (Landlord may recommend and bonded contractor propose acceptable contractors) and approved in advance by Landlord, such which approval of contractor shall not to be unreasonably withheld withheld, conditioned or delayed. All contractors performing alterations , (but employed and compensated by Tenant) for the performance of such work and any and all work performed to Building systems that does not solely affect the Demised Premises or in and to the Premises common areas shall carry workers’ compensation insurancebe performed by Contractors and mechanics selected by Tenant (Landlord may recommend and propose acceptable contractors) and approved by Landlord, commercial general liability insurancewhich approval shall not be unreasonably withheld, automobile insurance conditioned or delayed, at Tenant's cost and excess liability insurance expense;
(v) in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of making any such workAlterations, Tenant shall provide not violate the terms or conditions of any mortgage encumbering the Building or of any insurance policy affecting or relating to the Building, the applicable terms of which Landlord with “as built” plans, copies has advised Tenant;
(vi) promptly after the completion of all construction contractsor part of any Alteration, Tenant shall deliver to Landlord an itemized statement, showing the total actual cost of such alteration incurred to the date of such completion, classified by building trades, together with the cost of professional services (architectural and engineering) and governmental permits incurred in connection therewith, and proof of payment for shall procure, at Tenant's own expense (to be shown, if any, on said itemized statement), all labor and materials. All alterations or improvementssuch approvals by governmental authorities, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good orderif any, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority completed Alterations as may be required by any applicable law or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property ordinance or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result applicable rule or regulation of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenantgovernmental authorities, and all such liens are expressly prohibited. Tenant will promptly cause any such liens insurance organizations' approvals, if any, as may be required or claims to be released by paymentcustomary in connection therewith, bonding or otherwise and shall, within thirty ten (3010) days after request by receipt, deliver photocopies thereof to Landlord;
(vii) Tenant shall pay all costs, expenses and will indemnify Landlord against losses liabilities arising out of or in connection with or by reason of any Alterations, and shall keep the Demised Premises and the Building flee and clear of all liens, claims and encumbrances in any way arising out of or in connection with or by reason of any such claim Alterations and shall obtain and deliver to Landlord appropriate lien waivers executed by all contractors, mechanics and other such workers;
(viii) prior to the commencement of its work in the Demised Premises and as a condition for Landlord's approval of Tenant's work in the Demised Premises, Tenant shall obtain and deliver a written letter of authorization, in the form reasonably satisfactory to Landlord's counsel, signed by architects, engineers and designers, employed or retained by the Tenant to perform any Tenant alteration or work, which shall confirm that on request of Landlord said architect, engineer or designer issue such necessary sign-offs with the appropriate governmental agencies so that any application therein filed may be completed in order to avoid any violation, penalty or order to be issued from the appropriate governmental agencies; and
B. Tenant must at its own cost and expense to connect its fire alarm system to the fire alarm system in the Building using only contractors approved by Landlord and with sufficient connections as is necessary to accommodate Tenant's layout. If Tenant makes or maintains such connection it shall pay to Landlord as additional rent twenty-five (25%) percent of the cost for the fire alarm maintenance and service contract for the Building that Landlord has or continues to maintain, as additional rent. Tenant shall be fully responsible for the maintenance and repair of the fire alarm system within the demised premises. Said payment shall be due from Tenant fifteen (15) days after rendition by Landlord to Tenant of a statement therefor.
C. Tenant shall be permitted to install its HVAC equipment on the roof of the building of which the demised premises are a part at such location as designated by Landlord and to install any necessary venting and ductwork in the 161/2" by 161/2" (dimensions are approximate) shaft-way near the east freight elevator on the 00xx Xxxxxx side of the Building, subject to the rights of existing Tenants of the Building under their leases. Landlord will make available to Tenant access to the roof for the construction, installation, maintenance, repair, and operation of the HVAC equipment, and Tenant shall at all times protect the roof so as not to perforate the roof membrane.
D. Tenant shall not be required to remove any fixtures, paneling, partitions, railings or other installations, including, without limitation, legal fees and court costs. Landlord has its HVAC equipment, constituting a part of the right, but not initial fitting up of the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid demised premises or subsequently installed by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESreasonably usable for an ordinary office tenancy.
Appears in 1 contract
Samples: Lease Agreement (Opus360 Corp)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or to the Premises ("Tenant Alterations") without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall will not be required for changes that are not unreasonably withheld. Landlord may require Tenant to the exterior, or are not provide demolition and/or lien and completion bonds in form and amount satisfactory to the structure, or are not to Buildings systems, or which are merely cosmetic in natureLandlord. All Tenant alterations Alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws Laws, by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations Tenant Alterations in the Premises shall will carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall will deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such workTenant Alterations, Tenant shall will provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations Any Tenant Alterations to the Premises made by or improvements, shall installed by either party hereto will remain upon and be surrendered with the Premises and become the property of Landlord upon the expiration or earlier termination of this Lease termination without credit to Tenant; provided, however, Landlord, at its option, may require Tenant to remove and/or repair any Tenant Alterations to restore the Premises to the condition existing at the time Tenant took possession, with all costs of removal, repair, restoration, or expiration alterations to be borne by Tenant. Prior to the completion of any Tenant Alterations, Landlord and Tenant agree to execute a written statement as to whether or not Tenant will be surrendered required to Landlord along with remove any such Tenant Alterations upon the Premises at such time and expiration or earlier termination of the Lease. This clause will be deemed not apply to moveable equipment, furniture or moveable trade fixtures owned by Landlord Tenant, which may be removed by Tenant at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part end of the PremisesTerm if Tenant is not then in default and if such equipment and furniture are not then subject to any other rights, shall remain with Tenant pursuant to this Lease during the term liens or interests of this Lease)Landlord. Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) 30 days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the rightEXCEPT TO THE EXTENT THAT LANDLORD IS RESPONSIBLE FOR THE PAYMENT TO CONTRACTORS PURSUANT TO THE TERMS OF THIS LEASE OR THE CONSTRUCTION ADDENDUM, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Tenant Alterations. After the completion of the initial Tenant will Improvements, Tenant shall not make any alterations, additions or allow to be made any alterations improvements in or to the Premises Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing or wiring (individually and collectively “Tenant Alterations”), without first obtaining the written consent of Landlord, Landlord which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall will not be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in ; provided that, notwithstanding the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate provisions of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such workprevious sentence, Tenant shall provide have the right to make up to $25,000.00 of nonstructural alterations per calendar year without the consent of Landlord with “as built” plans(including painting and carpeting, copies of all construction contracts, and proof of payment for all labor and materials. All but not including any alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use demising walls or removal of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a any part or portion of the Premises, shall remain Tenant Improvements installed at or prior to the Commencement Date with funds provided by the Tenant pursuant to this Lease during the term of this LeaseAllowance). Tenant will have no authority or powershall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, express or impliedif consent by Landlord is given, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and all such work shall not be subject to any liens as a result of performed at Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made expense by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause shall pay to Landlord all reasonable out-of-pocket costs incurred by Landlord for any such liens or claims to be released by paymentarchitecture, bonding or otherwise within thirty (30) days after request by Landlordengineering, and will indemnify Landlord against losses arising out of supervisory and/or other similar services in connection with any such claim Tenant Alterations, including, without limitation, legal fees Landlord’s review of the Plans and court costsSpecifications. Without limiting the generality of the foregoing, Landlord has may require Tenant, at Tenant’s sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond, in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord’s prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, but not the obligationin addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to discharge require Tenant to remove some or all of Tenant Alterations, or at Landlord’s election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant’s expense. All Tenant Alterations to the Premises, regardless of which party constructed them or paid for them, shall become the property of Landlord and shall remain upon and be surrendered with the Premises upon the expiration or earlier termination of this Lease; provided, however, at Landlord’s election and upon notice to Tenant at the time the Plans and Specifications are approved, Tenant shall be obligated, at Tenant’s sole cost and expense, to remove all (or such portion as Landlord may designate) of the Tenant Alterations and repair any damage resulting from such removal and return the area to the same condition existing prior to the undertaking. If Tenant fails to remove any such lien. Any amount paid Tenant Alterations as required by Landlord, Landlord for such purpose may do so and Tenant shall pay the entire cost thereof to Landlord within ten (10) Business Days after Tenant’s receipt of Landlord’s related reasonable attorneys’ fees written demand therefor. Nothing contained in this paragraph or the paragraph captioned “Tenant’s Work Performance” shall be paid by Tenant to Landlord upon demand and shall accrue interest from deemed a waiver of the date paid by Landlord until Landlord is reimbursed therefor at provisions of the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESparagraph captioned “Mechanic’s Liens”.
Appears in 1 contract
Samples: Consent to Sublease (Integrated Financial Systems Inc)
Tenant Alterations. All additions, changes, improvements, construction, or alterations by Tenant will not make or allow to ("Alterations") must be made any alterations in or to accordance with the Premises without first obtaining requirements of this Lease. In the event Tenant undertakes Alterations following the Effective Date, Tenant must obtain the prior written consent and approval of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required unreasonably withheld. Landlord's approval of any such Alterations may also be conditioned upon Landlord's approval of plans, contractors, contractor lien indemnification, and terms of access for changes construction. Any Alterations to the Leased Premises made by Tenant (to the extent that they cannot be removed without damage to the Leased Premises) shall at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease provided, however, Landlord, at its option (upon written notice not less than 20 days prior to the end of the Term or any renewal term), may require Tenant to remove and/or repair any Alterations in order to restore the Leased Premises to the condition existing at the time Tenant took possession, all costs of removal and/or repair and restoration to be borne by Tenant. This clause shall not apply to moveable equipment (including emergency power generators, autoclaves, water treatment systems, etc.) or furniture owned by Tenant which may be removed by Tenant at the end of the term of this Lease if Tenant is not then in default and if such equipment and furniture are not then subject to any other rights, liens and interests of Landlord. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the exterior, or are not commencement and prosecution of the Alterations and for final approval thereof upon completion and shall cause the Alterations to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished performed in a good and workmanlike manner at Tenant’s sole expense, in conformity accordance with the requirements of all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayedapplicable governmental authorities. All contractors performing alterations Alterations shall be diligently performed in the Premises shall carry workers’ compensation insurancea good and workmanlike manner, commercial general liability insurance, automobile insurance using materials and excess liability insurance equipment at least equal in amounts reasonably acceptable to Landlord quality and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights class to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part original installations of the Leased Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Tenant Alterations. Excepting Tenant’s Work, Tenant will shall not make any structural or allow to be made any nonstructural alterations in or to the Demised Premises or alterations to the storefront of the Demised Premises without first obtaining the prior written consent of Landlord, which consent may shall not be granted unreasonable withheld, conditioned or withheld delayed. Tenant shall have the right, however, at its expense, from time to time to redecorate the Demised Premises and to make such nonstructural alterations and leasehold improvements in Landlord’s sole discretionsuch parts thereof as it shall deem expedient or necessary for its purposes; provided, however however, that any such Landlord consent redecoration or leasehold improvements shall not impair the structural strength or integrity of the Demised Premises, nor materially diminish its value, and shall be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished done in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not manner. Prior to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion commencement of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, Tenant shall remain with the Premises upon Lease termination or expiration have obtained comprehensive public liability insurance, as hereinafter provided applying to its activities, and will be surrendered shall deliver to Landlord along proof, satisfactory to Landlord, that all workers connected with said activities of the Tenant are adequately covered by worker’s compensation insurance and shall save the Landlord harmless on account of the filing of any mechanics liens or for any other cause arising from the making of any such alterations or improvements, including the posting of a bond if Landlord deems it necessary. The Landlord shall not be liable for any loss of or damage to any fixtures, equipment or other property installed or located in the Demised Premises at such time and will be deemed owned or for any work performed therein by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant or Tenant’s obligations agents, employees, or contractors. Landlord shall execute and deliver, at Tenant’s expense, upon request of Tenant, such instrument or instruments embodying the approval of Landlord which may reasonably be required by any public or quasi-public authority for the purpose of obtaining any license or permit for the making of such alterations, changes and/or installations in, to keep in good orderor upon the Demised Premises as may be permitted hereunder. Any redecoration, condition alterations, changes, improvements and repair installations which may be so constructed or added shall, at the end of the Term of this Lease, or any extension thereof, at the election of the Landlord, be considered as improvements and maintain same, as become a part of the PremisesProperty, and Tenant shall remain with have no right to remove the same; provided, however, Tenant shall remove, prior to the expiration of the Term, any such redecorations, alterations, changes, installation or improvements (and may remove, in any event, its trade fixtures) which Landlord required to be removed in wirting when Landlord gave consent for such improvements, and in such event Tenant shall repair any damage to the Demised Premises caused by such removal. Tenant shall be responsible and pay to Landlord the entire amount of any real estate taxes attributable to any alterations, additions, or improvements made by Tenant pursuant to this Lease during Article. Notwithstanding the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premisesforegoing, the Property or any portion thereof. Landlord’s interest in the Premises is not and Tenant shall not be subject obligated to remove any liens as a result of Tenant’s use or occupancy Work at the end of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESTerm.
Appears in 1 contract
Samples: Lease Agreement (Immucell Corp /De/)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or to the Premises without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, except for lighting and lighting fixtures, security systems and millwork and cabinetry to the extent each was paid for by Tenant, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or (a) The following provisions shall apply to the Premises completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may be granted or withheld in undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, provided, however, that Landlord may, in its sole discretion; provided, however specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) so long as such Landlord designated engineers and contractors are competitively priced with Tenant’s preferred engineers and contractors. In the event that such Landlord consent shall not be required for changes that designated engineers and contractors are not competitively priced with Tenant’s preferred engineers and contractors, the parties shall expeditiously and in good faith work together to agree on competitively priced engineers and contractors to perform the Tenant Alterations. The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the exterior, commencement of any work or are not delivery of materials to the structurePremises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, or are opinions from Landlord’s engineers stating that the Tenant Alterations will not to Buildings in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or which are merely cosmetic letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in nature. All connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant alterations will be accomplished agrees to complete all Tenant Alterations (i) in accordance with all Laws, Hazardous Materials Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner at with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expenseintended use or of compliance with the requirements of Section 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Landlord Work and Tenant Additions whether installed by Landlord or Tenant, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlordshall without compensation or credit to Tenant, such approval become part of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to the property of Landlord at the time of their installation and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article Twelve, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations may remove them or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered is required to Landlord along with the Premises remove them at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESrequest.
Appears in 1 contract
Samples: Office Lease (Zogenix, Inc.)
Tenant Alterations. 6.1. Tenant will not shall make or allow to be made any alterations no changes in or to the Demised Premises of a structural nature without first obtaining Landlord’s prior written consent, which consent may be given or withheld in Landlord’s sole discretion. Subject to (a) the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not to unreasonably withheld, conditioned or delayed, and (b) the exteriorprovisions of this Article VI, or are not to the structureTenant, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole cost and expense, may make alterations, installations, additions or improvements which are non-structural in conformity with all Applicable Laws by a nature and which do not adversely affect utility services, telephone and/or data wiring or equipment or plumbing and electrical lines in or to the interior of the Demised Premises. Tenant shall use only licensed and bonded contractor contractors approved in advance writing by Landlord, such which approval of contractor shall not to be unreasonably withheld withheld, conditioned or delayed, for any alterations, additions, installations or improvements made by Tenant (whether structural or non-structural in nature). Tenant shall, prior to making any alterations, additions, installations or improvements (whether structural or non-structural in nature), at its sole cost and expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies having or asserting jurisdiction for work performed by Tenant and, upon completion, certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Tenant shall cause Tenant’s contractors and sub-contractors to carry such wxxxxxx’x compensation, general liability and personal and property damage insurance as Landlord may reasonably require in accordance with any reasonable minimum coverage limits requested by Landlord, naming Landlord as an additional insured. If any mechanic’s lien is filed against the Demised Premises or the Building for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Article VI, the same shall be discharged by Tenant by bond, payment or otherwise, at Tenant’s sole cost and expense, within fifteen (15) days after Txxxxx’s receipt of written notice thereof, time being of the essence. All contractors performing alterations fixtures, installed in the Demised Premises shall carry workers’ compensation insuranceat any time, commercial general liability insuranceeither by Tenant or by Landlord on Tenant’s behalf, automobile insurance and excess liability insurance in amounts reasonably acceptable to shall, upon installation, become the property of Landlord and shall deliver a certificate of insurance evidencing such coverages remain upon and be surrendered with the Demised Premises unless Landlord provides notice to Landlord Tenant in writing, given at the time that Tenant requests Lxxxxxxx’s consent to the fixture, alteration, installation, addition or improvement, or, if no consent is required, not later than forty-five (45) days prior to commencing work the expiration or earlier termination of this Lease, that the fixture, alteration, installation, addition or improvement made by Tenant must be removed not later than the Termination Date. To the extent Tenant is required to remove a fixture, alteration, installation, addition or improvement, such removal shall be at Tenant’s sole cost and expense. Nothing in the Premises. Upon completion this Article VI shall be construed to give Landlord title to or to prevent Txxxxx’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such workitems from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall provide Landlord with “as built” plansimmediately, copies of all construction contractsat its sole cost and expense, and proof of payment for all labor and materialsrepair any damage to the Demised Premises or the Building due to such removal. All alterations property permitted or improvements, shall remain with required to be removed by Tenant at the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use end of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against Lease which remains in the Premises, Demised Premises after the Property Termination Date or any portion thereof. earlier termination of this Lease, shall be deemed abandoned and may, at the election of Landlord, either be retained as Lxxxxxxx’s interest in property or may be removed from the Demised Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, at Tenant’s sole cost and will indemnify Landlord against losses arising out of any such claim includingexpense, without limitation, legal fees and court costsfurther liability to Tenant. Landlord has Tenant’s obligations under this Article VI shall survive the right, but not the obligation, to discharge Termination Date or any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESearlier termination thereof.
Appears in 1 contract
Tenant Alterations. Tenant will not make or allow to be made any alterations in or to the Premises without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s 's sole discretion; provideddiscretion if such alterations affect any Building system, however that otherwise such Landlord consent shall not be required for changes that are not unreasonably withheld. Notwithstanding the foregoing, Tenant shall have the right, without first obtaining Landlord's consent, to make non-structural alterations to the exteriorPremises so long as such alterations (a) cost less than $25,000.00, and (b) do not adversely affect any Building system; provided that Tenant delivers the plans and specifications for such alterations to Landlord prior to any demolition or are not construction in connection therewith. Landlord may require Tenant to the structure, or are not provide demolition and/or lien and completion bonds in form and amount satisfactory to Buildings systems, or which are merely cosmetic in natureLandlord. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s 's sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ ' compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “"as built” " plans, copies of all construction contracts, and proof of payment for all labor and materials. All Any Tenant alterations to the Premises made by or improvements, shall installed by either party hereto will remain upon and be surrendered with the Premises and become the property of Landlord upon the expiration or earlier termination of this Lease termination or expiration and will be surrendered without credit to Tenant; provided, however, Landlord along with may, at its option, by providing written notice to Tenant at the time Landlord approves Tenant's request for Landlord's consent to its additions and/or alterations, require Tenant to remove any additions and/or repair any alterations to restore the Premises to the condition existing at such the time and Tenant took possession, with all costs of removal, repair, restoration, or alterations to be borne by Tenant. This clause will be deemed not apply to moveable equipment, furniture or moveable trade fixtures owned by Landlord Tenant, which may be removed by Tenant at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part end of the PremisesTerm if Tenant is not then in default and if such equipment and furniture are not then subject to any other rights, shall remain with Tenant pursuant to this Lease during the term liens and interests of this Lease)Landlord. Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ ' or materialmen’s 's lien or claim of any kind against the Premises, the Property Park or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) 30 days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, reasonable legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ ' OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Tenant Alterations. Tenant will not make or allow permit anyone to be made make any alterations alterations, decorations, additions or improvements (hereinafter referred to collectively as “improvements”), structural or otherwise, in or to the Premises or the Building, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not unreasonably withheld. When granting its consent, Landlord may impose any conditions it deems appropriate, including, without limitation, the approval of plans and specifications, approval of the contractor or other persons to perform the exteriorwork, or are not to and the structure, or are not to Buildings systems, or which are merely cosmetic in natureobtaining of specified insurance. All Tenant alterations will improvements permitted by Landlord must be accomplished in performed by bonded contractors and must conform to all rules and regulations established from time to time by the Board of Fire Underwriters having jurisdiction or similar body exercising similar functions and to all laws, regulations and requirements of the federal and local governments. As a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by condition precedent to such written consent of Landlord, such approval Xxxxxx agrees to obtain and deliver to Landlord written, unconditional waivers of contractor not mechanic’s and materialmen’s liens against the Building and the land upon which it is situated from all proposed contractors, subcontractors, laborers and material suppliers for all work, labor and services to be unreasonably withheld or delayed. All contractors performing alterations performed and materials to be furnished in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable connection with improvements to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of If, notwithstanding the foregoing, any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenantmechanic’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind is filed against the Premises, the Property Building and/or the land upon which it is situated, for work claimed to have been done for, or any portion thereof. Landlord’s interest in materials claimed to have been furnished to, the Premises is not and Premises, such lien shall not be subject to any liens as a result of discharged by Tenant within ten (10) days thereafter, at Tenant’s use sole cost and expense, by the payment thereof or occupancy by the filing of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibiteda bond. If Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, shall fail to discharge any such mechanic’s or materialmen’s lien. Any amount paid by , Landlord for may, at its option, discharge such purpose lien and Landlord’s related treat the cost thereof (including reasonable attorneys’ fees incurred in connection therewith) as additional rent payable with the next payment of Base Rent falling due; it being expressly agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging such lien. It is understood and agreed that any alterations, decorations, additions or improvements to the Premises, other than those made by Landlord pursuant to the Work Agreement, shall be paid conducted on behalf of Tenant and not on behalf of Landlord, and that Tenant shall not be deemed to be the agent of Landlord. It is further understood and agreed that in the event Landlord shall give its written consent to the making of any improvements to the Premises, such written consent shall not be deemed to be an agreement or consent by Landlord to subject its interest in the Premises, the Building or the land upon which it is situated to any mechanic’s or materialmen’s liens which may be filed in connection therewith. Tenant shall supply Landlord with as-built plans showing all improvements by Tenant to the Premises or the Building promptly upon completion of each such improvement. Landlord upon demand acknowledges that Xxxxxx intends to modify the Premises for use as office space, including reconfiguring the floorplan, and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Lawagrees to work reasonably with Tenant to review and approve any such plans. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Tenant Alterations. Tenant will shall not make any alterations, additions or allow to be made any alterations improvements in or to the Premises Premises, or make changes to locks on doors, or add, disturb or in any way change the roof of the Premises, any floor covering, wall covering, fixtures, plumbing or wiring (individually and collectively "TENANT ALTERATIONS"), without first obtaining the written consent of Landlord, Landlord which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed, except that Landlord may withhold its approval in its sole and absolute discretion if the Tenant Alterations will affect, as determined by Landlord, the structure or exterior of the Building, or the Building systems. All contractors performing alterations in the Premises Tenant shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable deliver to Landlord full and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of complete plans and specifications for any such workproposed Tenant Alterations and, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned if consent by Landlord is given, all such work shall be performed at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority 's expense by Landlord or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibitedat Landlord's election. Tenant will promptly cause shall pay to Landlord all costs incurred by Landlord for any such liens or claims to be released by paymentarchitectural, bonding or otherwise within thirty (30) days after request by Landlordengineering, and will indemnify Landlord against losses arising out of supervisory and/or legal services in connection with any such claim Tenant Alterations including, without limitation, legal fees Landlord's review of the plans and court costsspecifications for the Tenant Alterations. Without limiting the generality of the foregoing, Landlord may require Tenant (if Landlord has elected to require Tenant to perform the Tenant Alterations), at Tenant's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond, in forms, amounts and by companies acceptable to Landlord. Should Tenant make any Tenant Alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, but not the obligationin addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to discharge require Tenant to remove some or all of the Tenant Alterations at Tenant's sole cost and expense and restore the Premises to the same condition existing prior to undertaking the Tenant Alterations, or, at Landlord's election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's expense. All Tenant Alterations to the Premises, regardless of which party constructed them or paid for them, shall become the property of Landlord and shall remain upon and be surrendered with the Premises upon the expiration or earlier termination of this Lease; provided, however, at Landlord's sole election, Tenant shall be obligated, at its sole cost and expense, to remove all (or such portion as Landlord shall designate) of the Tenant Alterations and repair any damage resulting from such removal and return the Premises to the same condition existing prior to the undertaking upon the expiration or earlier termination of this Lease. Tenant shall have the right (which right specifically does not extend to the initial Tenant Improvements constructed in the Premises by Tenant), at the time it requests Landlord's consent and delivers all plans and specifications to any Tenant Alteration to make a written request that Landlord notify Tenant whether Tenant shall be obligated to remove the applicable Tenant Alteration at the end of the Lease Term, in which event Tenant shall only be obligated to remove (i) those Tenant Alterations that Landlord notified Tenant it must remove at the end of the Lease Term at the same time of and in connection with Tenant's requested approval of the Tenant Alterations, and (ii) those Tenant Alterations that Tenant did not seek or did not obtain Landlord's written consent to leave in place at the end of the Lease Term, and that Landlord requires Tenant to remove. If Tenant fails to remove any such lienTenant Alterations as required by Landlord's consent, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord within ten (10) Business Days after Tenant's receipt of Landlord's written demand therefor. Any amount paid Tenant shall reimburse Landlord, upon receipt of demand therefor, for all out of pocket costs and expenses incurred by Landlord for such purpose during its review of Tenant's plans and Landlord’s related reasonable attorneys’ fees specifications (regardless of whether Landlord approves Tenant's request) and Tenant's construction. Nothing contained in this paragraph or the paragraph captioned "TENANT'S WORK PERFORMANCE" shall be paid by Tenant to Landlord upon demand and shall accrue interest from deemed a waiver of the date paid by Landlord until Landlord is reimbursed therefor at provisions of the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESparagraph captioned "MECHANIC'S LIENS."
Appears in 1 contract
Samples: Industrial Lease (Oakley Inc)
Tenant Alterations. Tenant will not shall make no structural changes in or allow to be made the Premises, or any alterations other changes that adversely affect the utility services or mechanical systems in the Building. Tenant shall make no non-structural changes in or to the Premises without first obtaining the Landlord's prior written consent of Landlordconsent, which consent may shall not be granted unreasonably withheld or withheld in delayed, except that Landlord’s sole discretion; provided, however that such Landlord 's consent shall not be required for changes with respect to any alteration or improvement that are not is merely a change of decor, such as the installation or replacement of wall and floor coverings. Any alteration or improvement that shall require the issuance of a building permit from the New York City Department of Buildings ("Changes") shall be submitted to Landlord in the exteriorform of drawings and specifications prepared by an architect licensed as such in New York State, or are not to who may be an architect affiliated with the structure, or are not to Buildings systems, or which are merely cosmetic in natureTenant named herein. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such within ten (10) business days after submission of Tenant's Changes, shall approve the Changes or provide Tenant with written exceptions thereto. Failure by Landlord to provide the written exceptions within the ten (10) business day period aforesaid shall be deemed approval of contractor not to be unreasonably withheld or delayedthe Changes. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plansbefore making any alterations, copies of all construction contractsadditions, and proof of payment for all labor and materials. All alterations installation or improvements, at its expense obtain all permits, approvals and certificates required by all governmental or quasi-governmental bodies and shall remain with the Premises upon Lease termination or expiration promptly deliver duplicates of all such permits, approvals and will be surrendered certificates to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease)Landlord. Tenant agrees to carry, or will cause Tenant's contractors to carry, Workers' Compensation and New York State Disability insurance and comprehensive general liability and property damage insurance in such amounts as Landlord may reasonably require, naming Landlord and Orda Management Corporation as additional insured parties. Provided that Landlord shall have no authority or power, express or implied, consented to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made Changes requested by Tenant, and all such liens are expressly prohibitedLandlord agrees to cooperate with Tenant, but at no expense to Landlord, with respect to obtaining any permit, approval or certificate required by governmental or quasi-governmental bodies relating to the Change. Tenant will promptly cause any such liens or claims to be released by paymentshall pay Orda Management Corporation, bonding or otherwise within thirty ten (3010) days after request by Landlordbeing billed therefor, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal the reasonable out-of-pocket fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid disbursements incurred by Landlord to architects and engineers for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from reviewing the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESChanges.
Appears in 1 contract
Samples: Lease Agreement (STV Group Inc)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or to the Premises without first obtaining the written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. Any such request for alteration must be made in writing by the tenant and submitted to the landlord, providing the Landlord no less than seven (7) calendar days and no more than twenty-one (21) calendar days to provide a decision for approval or denial of any such request. The approval or denial of any such request shall be made in writing to the tenant. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or (a) The following provisions shall apply to the Premises completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not unreasonably withheld, make or cause to be made any Tenant Alterations in or to the exteriorPremises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord seven (7) days prior written notice (or are not such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the structure, or are not to Buildings systems, or which are merely cosmetic in naturenames and addresses of all contractors and subcontractors and copies of all contracts. All Tenant alterations Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, provided, however, that Landlord may, in its reasonable discretion, approve the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication systems) and any separate monitoring and detection fire and life safety system exclusively serving the Premises and installed by Tenant. Further, Landlord may, in its sole discretion, designate the engineers and contractors to perform all work related to the structural portions of the Building (including the foundation and underslab) and Landlord’s fire sprinkler and life safety systems in the Building. The contractors, mechanics and engineers who may be used are further limited to those whose work will be accomplished not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations, Tenant shall pay Landlord a construction fee at Landlord’s then standard rate (not to exceed three percent (3%) of the cost of the Tenant Alterations) and all elevator and hoisting charges at Landlord’s then standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions to the Premises whether installed by Landlord or Tenant, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord’s request. Notwithstanding anything to the contrary in this Lease or the Workletter, all trade fixtures and personal property installed in the Premises at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises expense (“Tenant’s Property”) shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from remain Tenant’s property and after Tenant shall be entitled to all depreciation, amortization and upon completion thereof (but rights other tax benefits with respect thereto. Landlord and Tenant agree that the following shall be deemed to be Tenant’s Property: portable lab benches which are not attached to the use of same Premises (except for an electrical power plug), security system controls, ovens, audio-visual equipment, server racks, autoclaves, glass washes, ice makers, freezers, refrigerators, liquid nitrogen storage containers, biosafety cabinets, fume hoods and other laboratory equipment. At any time Tenant may remove Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of Property from the Premises, shall remain provided Tenant repairs all damage caused by such removal and complies with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy other applicable provisions of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESLease.
Appears in 1 contract
Tenant Alterations. Tenant will not make or allow to be made any alterations in or (a) The following provisions shall apply to the Premises completion of any Tenant Alterations (other than the Tenant Improvements, the design, construction and completion of which are instead addressed in the Workletter):
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration Work and may install and remove Cable (“Cabling Work”) without Landlord’s prior written consent. For Tenant Alterations other than Decoration Work and Cabling Work, Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations (other than Decoration Work and Cabling Work) shall be granted performed only by contractors or withheld mechanics approved by Landlord, which approval shall not be unreasonably withheld, provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building) provided that the rates of such contractors are competitive with the rates of other contractors qualified (in Landlord’s sole discretion; providedreasonable judgment) to perform such work, however The contractors, mechanics and engineers who may be used are further limited to those whose work will not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent to Tenant Alterations (other than Decoration Work and Cabling Work) upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance (which, notwithstanding anything to the contrary herein, must be delivered to and reasonably approved by Landlord in the case of Decoration Work and Cabling as well as Tenant Alterations requiring Landlord’s consent), and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, require that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations, which may include, in the case of non-standard and non-exterior Tenant Alterations costing in excess of $250,000 in the aggregate for a particular Tenant Alteration or a series of related Tenant Alterations, a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations. Landlord shall review and provide its approval or comments on any submittals made by Tenant for Tenant Alterations requiring Landlord’s approval hereunder within ten (10) business days after such submittal. At the time of Landlord’s written approval of any Tenant Alteration requiring Landlord’s written approval hereunder, Landlord shall notify Tenant if such Tenant Alteration is a Required Removable (as defined in Article Twelve). Landlord’s failure to designate a Tenant Alteration as a Required Removable at the time of such approval shall be deemed Landlord’s determination that such Tenant Alteration is not a Required Removable.
(2) Tenant shall pay the cost of all Tenant Alterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord consent shall not be required for changes that are not with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to the exteriorcomplete all Tenant Alterations (i) in accordance with all applicable Laws, or are not to the structureincluding Hazardous Materials Laws, or are not to Buildings systemsall requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, or which are merely cosmetic in nature. All Tenant alterations will be accomplished and (ii) in a good and workmanlike manner at with the use of good grades of materials. Tenant shall notify Landlord promptly if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall promptly take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expense, intended use or of compliance with the requirements of Section 9.1(a)(3)(i) and (ii) above or impose any liability upon Landlord in conformity connection with all Applicable Laws by a licensed the performance of such work. With respect to any Tenant Alterations requiring Landlord’s consent and bonded contractor approved costing in advance by Landlord, such approval excess of contractor not to be unreasonably withheld or delayed. All contractors performing alterations $50,000 in the Premises aggregate for a particular Tenant Alteration or a series of related Tenant Alterations, Landlord shall carry workers’ charge an administration fee of five percent (5%) of the cost of such Tenant Alterations; provided that, if Tenant requests that Landlord perform such work for Tenant and Landlord elects to do so, Landlord’s administration fee in connection therewith shall be fifteen percent (15%).
(b) All Tenant Alterations (including the Tenant Improvements) shall remain the property of Tenant during the Term and shall, without compensation insuranceor credit to Tenant, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to become the property of Landlord upon the Termination Date and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article 12, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations may remove them or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered is required to Landlord along with the Premises remove them at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be request (subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESprior approval notice referenced in Section 9.1(a)(1) above).
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Tenant Alterations. Tenant will not shall make or allow to be made any alterations no changes in or to the Premises of any nature without first obtaining the Landlord’s prior written consent of Landlord, (and which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that purely decorative alterations such as painting, wall coverings and floor coverings which do not require the preparation and filing of plans to obtain a building permit). Notwithstanding the foregoing, Landlord shall not unreasonably withhold its consent to alterations so long as such alterations (i) are non-structural and do not affect the exterior of the Building, utility services or plumbing and electrical lines or other Building systems, (ii) are performed only by Landlord’s designated contractors or by contractors approved by Landlord to perform such alterations, (iii) affect only the Premises and are not visible from outside of the Premises or the Building, (iv) do not affect the Certificate of Occupancy issued for the Building or the Premises, (v) are consistent with the equipment of the Building, (vi) do not adversely affect or increase the cost of any service furnished by Landlord to Tenant or to any other tenant of the exteriorBuilding, (vii) do not violate or are adversely affect any landmark designation affecting the Building (including, without limitation, insuring conformance with the Secretary of Interior’s Standards for Rehabilitation as interpreted by the State Historic Preservation Office and the National Park Service and any and all New York City landmark regulations), and (viii) do not violate any laws or cause the Premises or the Building to the structurebe non-compliant with any laws. Tenant shall, before making any alterations, additions, installations or are not to Buildings systemsimprovements, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole its expense, in conformity with obtain all Applicable Laws permits, approvals and certificates required by a licensed any governmental or quasi-governmental bodies and bonded contractor approved in advance by Landlord(upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance approvals and excess liability insurance in amounts reasonably acceptable certificates to Landlord and shall deliver a certificate of insurance evidencing such coverages Tenant agrees to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration carry and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and cause Tenant’s obligations contractors and sub-contractors to keep in good ordercarry such xxxxxxx’x compensation, condition general liability, personal and repair and maintain same, property damage insurance as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease)Landlord may reasonably require. Tenant will have no authority or power, express or implied, to create or cause If any construction lien or mechanics’ or materialmenmechanic’s lien or claim of any kind is filed against the Premises, or the Property or any portion thereof. Landlord’s interest in Building of which the Premises is not and shall not be subject to any liens as same forms a result of Tenant’s use or occupancy of the Premises including specifically, without limitationpart, for improvements made by work claimed to have been done for, or materials furnished to, Tenant, and all such liens are expressly prohibited. whether or not done pursuant to this article, the same shall be discharged by Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request thereafter, at Tenant’s expense, by payment or filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the Premises at any time, either by Tenant or by Landlord on Tenant’s behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant, given at the time Landlord consents to such alteration, elects to relinquish Landlord’s right thereto and will indemnify Landlord against losses arising out to have them removed by Tenant, in which event the same shall be removed from the Premises by Tenant prior to the expiration of the Lease, at Tenant’s expense, provided, that Tenant’s obligation to remove shall only extend to “specialty alterations’, which shall include alterations consisting of kitchens, pantries, executive bathrooms, computer installations, safe deposit boxes, vaults, libraries or file rooms requiring reinforcement of floors, internal staircases, conveyors, dumbwaiters and other alterations of a similar character. Notwithstanding the foregoing, Tenant shall not be required to remove any such claim of Landlord’s Initial Work or any items (including, without limitation, legal fees pantries) installed or existing in the Premises on the Possession Date. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and court costs. Landlord has the rightequipment, but not upon removal of any such from the obligationPremises or upon removal of other installations as may be required by Landlord, Tenant shall promptly and at its expense, repair and restore the Premises to the condition existing prior to installation and repair any damage to the Premises or the Building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the Premises after Tenant’s removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property or may be removed from the Premises by Landlord, at Tenant’s expense. Tenant shall pay to Landlord or its designee, within ten (10) Business Days after demand, all reasonable out-of-pocket costs and expenses actually incurred by Landlord in connection with any alterations, including costs incurred in connection with (a) Landlord’s review of the alterations (including review of requests for approval thereof) and (b) the provision of Building personnel during the performance of any alteration required by trade union policy or otherwise, to discharge any such lienoperate elevators or otherwise to facilitate Tenant’s alterations. Any amount paid by Landlord for such purpose and Notwithstanding the foregoing, Tenant shall not be permitted to use contractors other than Landlord’s related reasonable attorneys’ fees designated contractors with respect to any Landlord expeditor or cleaning contractor, each of which shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISEScompetitively priced.
Appears in 1 contract
Tenant Alterations. Tenant will not make or allow to be made any alterations in or (a) The following provisions shall apply to the Premises completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes unreasonably withheld, make or cause to be made any Tenant Alterations in or to the Premises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non- responsibility. Subject to all other requirements of this Article Nine, Tenant may, without Landlord’s prior written consent, undertake (i) Decoration work and/or (ii) any Alterations that (x) do not adversely affect the roof, structural portions or the systems or equipment of the Building, (y) are not to visible from the exteriorexterior of the Building, or are and (z) do not to cost, in the structureaggregate, or are not to Buildings systemsover the Term of the Lease, or which are merely cosmetic in natureexcess of $50,000. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant alterations Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld. The contractors, mechanics and engineers who may be used are further limited to those whose work will be accomplished not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations, Tenant shall, upon receipt of Landlord’s itemized invoice therefor, pay Landlord’s actual and reasonable costs to review the plans and specifications for such Tenant Alterations and to monitor the performance thereof, including a construction administration fee and all elevator and hoisting charges at Landlord’s then standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner at Tenant’s sole expensewith the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenants intended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in conformity connection with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, the performance of such approval of contractor not work.
(b) All Tenant Additions to be unreasonably withheld or delayed. All contractors performing alterations in the Premises whether installed by Landlord or Tenant, shall carry workers’ without compensation insuranceor credit to Tenant, commercial general liability insurance, automobile insurance become part of the Premises and excess liability insurance in amounts reasonably acceptable to the property of Landlord at the time of their installation and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article Twelve, Tenant shall provide Landlord with “may remove them or is required to remove them at Landlord’s request. Tenant’s Personal Properly, as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvementsset forth in Exhibit G, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from remain the property of Tenant and after and upon completion thereof (but rights to Tenant shall remove such property at the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term expiration or earlier termination of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Samples: Lease Agreement (Genomic Health Inc)
Tenant Alterations. Tenant will shall not make any alterations, additions or allow to be made any alterations improvements in or to the Premises Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing or wiring (individually and collectively "Tenant Alterations"), without first obtaining the written consent of Landlord, Landlord which consent may be granted or withheld in Landlord’s 's reasonable discretion. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all such work shall be performed at Tenant's expense by Landlord or by Tenant at Landlord's election. Without limiting the generality of the foregoing, Landlord may require Tenant (if Landlord has elected to require Tenant to perform the Tenant Alterations), at Tenant's sole discretion; providedcost and expense, however that such to obtain and provide Landlord consent shall not be required for changes that are not with proof of insurance coverage and a payment and performance bond, in forms, amounts and by companies acceptable to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in natureLandlord. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expenseAlterations to the Premises, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlordregardless of which party constructed them, such approval shall become the property of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, remain upon and proof of payment for all labor and materials. All alterations or improvements, shall remain be surrendered with the Premises upon Lease the expiration or earlier termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease), unless Landlord's consent to such Tenant Alterations is conditioned upon Tenant removing the Tenant Alterations upon the expiration or earlier termination of this Lease. If Tenant fails to remove any such Tenant Alterations as required by Landlord's consent, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord within ten (10) Business Days after Tenant's receipt of Landlord's written demand therefor. Tenant will have no authority or powershall reimburse Landlord, express or impliedupon receipt of demand therefor, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not for all out-of-pocket costs and shall not be subject to any liens as a result expenses incurred by Landlord during its review of Tenant’s use 's plans and specifications (regardless of whether Landlord approves Tenant's request) and Tenant's construction. Nothing contained in this paragraph or occupancy the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out provisions of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESparagraph captioned "Mechanic's Liens".
Appears in 1 contract
Tenant Alterations. Tenant will shall not make make, or allow suffer to be made made, any alterations in of the Demised Premises, or to the Premises any part thereof, without first obtaining the written consent of the Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that . Any such Landlord consent shall not be required for changes that are not to the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, whether made with or without Landlord's permission, and including, but not limited to, permanent partitions, wall-to-wall carpeting, lighting, or attached shelving, shall, at the option of the Landlord, become the property of the Landlord (with no obligation of Landlord to pay for same) and may not be removed unless requested by the Landlord. Tenant may install at its expense and without Landlord's consent movable office partitions, furniture and equipment and other personal property, and may remove same at any time provided that Tenant is not in default of this Lease and that any damage to the Demised Premises caused thereby shall remain with be repaired by Tenant at Tenant's expense. Tenant shall not install or maintain any equipment, partitions, furniture or apparatus, the weight or operation of which would tend to injure or be detrimental to the Demised Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord unreasonably annoy or disturb other tenants. Tenant shall at all times from keep the Demised Premises free and after and upon completion thereof (but rights clear of any lien or encumbrance of any kind created by Tenant's act under this paragraph or otherwise or by its omission. Notwithstanding anything contained herein to the use contrary, if construction to the Demised Premises is to be performed by Landlord prior to Tenant's occupancy, Landlord will, at its expense, commence and/or complete the construction of same the improvements constituting the Demised Premises, including partitions, in accordance with the floor plan and Tenant’s obligations its specifications agreed to keep in good order, condition writing by the parties and repair and maintain same, as made a part of the Premises, shall remain with Tenant pursuant to this Lease during by reference. The plans and specifications shall be approved and signed by the term parties prior to the commencement of this Lease)construction. Tenant will have no authority Any material changes or power, express or implied, modifications to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, approved plans and specifications shall be made and accepted by written change order signed by the Property or any portion thereof. Landlord’s interest in the Premises is not Landlord and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibitedshall constitute an amendment to this Lease. Upon substantial completion of the building and other improvements in accordance with the plans and specifications, Tenant will promptly cause any such liens or claims agrees to be released by paymentexecute and deliver to Landlord a letter (in form acceptable to Landlord), bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim includingaccepting delivery, without limitationqualification, legal fees and court costs. Landlord has of the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESDemised Premises.
Appears in 1 contract
Samples: Office Lease (Integrated Business Systems & Services Inc)
Tenant Alterations. Tenant will not make or allow to be made any alterations in or (a) The following provisions shall apply to the Premises completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not unreasonably withheld, make or cause to be made any Tenant Alterations in or to the exteriorPremises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord ten (10) days prior written notice (or are not such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord’s prior written consent. Tenant shall furnish Landlord with the structure, or are not to Buildings systems, or which are merely cosmetic in naturenames and addresses of all contractors and subcontractors and copies of all contracts. All Tenant alterations Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, provided, however, that Landlord may, in its reasonable discretion, specify the engineers and contractors to perform all work relating to the Building’s structural elements or the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building), so long as such engineers and contractor are duly licensed and perform such work at then market rates. The contractors, mechanics and engineers who may be used are further limited to those whose work will be accomplished not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant’s ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit where the cost of such Tenant Alterations exceed Fifty Thousand Dollars ($50,000.00). Upon completion of the Tenant Alterations, other than Decorations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations, other than Decorations, Tenant shall pay Landlord a construction fee not exceeding five percent (5%) of the cost of Tenant Alterations. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord’s standard construction rules and regulations, and (ii) in a good and workmanlike manner at with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s sole expense, intended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in conformity connection with all Applicable Laws by a licensed and bonded contractor approved in advance by Landlord, the performance of such approval of contractor not work.
(b) All Tenant Additions to be unreasonably withheld or delayed. All contractors performing alterations in the Premises whether installed by Landlord or Tenant, shall carry workers’ without compensation insuranceor credit to Tenant, commercial general liability insurance, automobile insurance become part of the Premises and excess liability insurance in amounts reasonably acceptable to the property of Landlord at the time of their installation and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work remain in the Premises. Upon completion of any such work, unless pursuant to Article Twelve, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations may remove them or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered is required to Landlord along with the Premises remove them at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibitedrequest. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.jka v14-Continental_Grand-Learning_Tree-Lease
Appears in 1 contract
Tenant Alterations. Tenant will not make or allow to be made any alterations in or (a) The following provisions shall apply to the Premises completion of any Tenant Alterations:
(1) Tenant shall not, except as provided herein, without first obtaining the prior written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not unreasonably withheld, make or cause to be made any Tenant Alterations in or to the exteriorPremises or any Property systems serving the Premises. Prior to making any Tenant Alterations, Tenant shall give Landlord five (5) days prior written notice (or are not such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Subject to all other requirements of this Article Nine, Tenant may undertake Decoration work without Landlord's prior written consent. Tenant shall furnish Landlord with the structure, or are not to Buildings systems, or which are merely cosmetic in naturenames and addresses of all contractors and subcontractors and copies of all contracts. All Tenant alterations Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building's systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building). The contractors, mechanics and engineers who may be used are further limited to those whose work will be accomplished not cause or threaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord's engineers stating that the Tenant Alterations will not in any way adversely affect the Building's systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion of the Tenant Alterations such as a performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built mylar and digitized (if available) set of plans and specifications for the Tenant Alterations.
(2) Tenant shall pay the cost of all Tenant Alterations and the cost of decorating the Premises and any work to the Property occasioned thereby. In connection with completion of any Tenant Alterations, Tenant shall pay Landlord `s actual and reasonable costs to review the plans and specifications for such Tenant Alterations and to monitor their performance (including a construction administration fee) and all elevator and hoisting charges at Landlord's then standard rate. Upon completion of Tenant Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or Mortgagee.
(3) Tenant agrees to complete all Tenant Alterations (i) in accordance with all Laws, Environmental Laws, all requirements of applicable insurance companies and in accordance with Landlord's standard construction rules and regulations, and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant's intended use or of compliance with the requirements of Section 9.01(a)(3)(i) and (ii) above or impose any liability upon Landlord in connection with the performance of such work.
(b) All Tenant Additions to the Premises whether installed by Landlord or Tenant, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at Tenant’s sole expensethe time of their installation and shall remain in the Premises, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord's request. Notwithstanding anything in conformity with the contrary to the Lease or the Workletter, all Applicable Laws by a licensed Tenant Alterations, trade fixtures and bonded contractor approved in advance by Landlord, such approval of contractor not to be unreasonably withheld or delayed. All contractors performing alterations personal property installed in the Premises at Tenant's expense (Tenant's Property") shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord prior to commencing work in the Premises. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times remain Tenant's property and Tenant shall be entitled to all depreciation, amortization and other tax benefits with respect thereto. Except for Tenant Alterations which cannot be removed from and after and upon completion thereof (but rights the Premises without structural injury to the use of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as a part of the Premises, shall remain with at any time Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority or power, express or implied, to create or cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against may remove Tenant's Property from the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made provided that Tenant repairs all damage caused by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESremoval.
Appears in 1 contract
Tenant Alterations. Tenant will shall not make any permanent alterations or allow improvements to be made any alterations in or to the Demised Premises without first obtaining the Landlord's written consent of Landlord, which consent may be granted or withheld in Landlord’s sole discretion; provided, however that such Landlord consent shall not be required for changes that are not to the exteriordesign, cost, materials, size and location thereof, and Landlord's consent to, at Landlord's sole option, may also be conditioned upon the posting of a payment and performance bond. If Tenant desires to make any permanent improvement(s) or are not alteration(s), Tenant must submit the plans and specifications for such improvements or alterations to Landlord for its written approval prior to the structurecommencement of any alterations or improvements to the Demised Premises, and the improvements or are not to Buildings systems, or which are merely cosmetic alterations shall be made in natureaccordance with plans and specifications approved by Landlord. All Tenant shall ensure that all improvements and alterations will shall be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws performed by a licensed (Florida) general contractor that is bonded and bonded contractor approved insured and that all work shall be performed in advance by Landlorda workmanlike manner and in compliance with all controlling laws, such approval ordinances, orders, rules, regulations and other requirements of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insuranceall controlling government authorities and, commercial general liability insurancewhere applicable, automobile insurance Tenant must obtain all necessary governmental permits and excess liability insurance in amounts reasonably acceptable to Landlord and shall deliver a certificate of insurance evidencing such coverages to Landlord authorizations at its sole cost prior to commencing work in the Premisesany work. Upon completion of any such workthe improvements or alterations, Tenant shall provide Landlord with “Releases of Lien from all contractors and/or subcontractors performing work at the Demised Premises. In the event any liens are filed by the contractor, subcontractors or materialmen related to the improvements or alterations, Tenant covenants and warrants that it shall within ten (10) days of the filing of the lien, either obtain a release of lien or insure that the lien is transferred to security in accordance with Section 713.24 of the Florida Statutes. The failure to transfer the lien to security within the ten (10) days shall constitute a default as built” plans, copies of all construction contracts, and proof of payment for all labor and materialsdefined in Section 17 herein. All alterations or improvementsalterations, shall remain with the Premises upon Lease termination or expiration additions, improvements and will be surrendered to Landlord along with the Premises at such time fixtures, other than trade fixtures and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use equipment, which as a matter of same and Tenant’s obligations to keep in good order, condition and repair and maintain same, as law have become a part of the Premisesrealty and which may be made or installed by either of the parties hereto upon the Demised Premises and which in any manner are attached to the floors, shall remain with Tenant pursuant to this Lease during walls or ceiling shall, upon the term expiration or termination of this Lease), become the property of Landlord without any payment by Landlord therefor, provided that Landlord may at its option require Tenant to remove from the Demised Premises all or any portion or item hereto specified at the expiration of this Lease and restore the Demised Premises to the condition they were in as of the Commencement Date of this Lease at Tenant’s expense. Tenant will have no authority or power, express or implied, to create or cause pay any construction lien or mechanics’ or materialmen’s lien or claim of personal and/or real property tax that may be imposed by the proper taxing authorities upon any kind against the Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made or requested by Tenant, and all such liens are expressly prohibitedXxxxxx. Tenant will promptly cause not install any such liens lighting fixtures (inside or claims outside the Demised Premises), awnings, sliding doors in or on, alter the structure of or obstruct any portion of the Demised Premises in any manner without first having obtained Xxxxxxxx's prior written consent therefore. Xxxxxx agrees to remove all signs and personal insignia which may be released by payment, bonding displayed in or otherwise within thirty (30) days after request by Landlord, and will indemnify about the Demised Premises at the termination of this lease. Xxxxxx agrees to pay Landlord against losses arising out for the repair of any damage caused to the Demised Premises by Xxxxxx's removing such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISESitems.
Appears in 1 contract
Samples: Medical Office Lease
Tenant Alterations. Tenant will not make any alterations, installations, changes, replacements, additions or allow to be made any alterations improvements (structural or otherwise) in or to the Demised Premises or any part thereof without first obtaining the prior written consent of Landlord and Landlord agrees that for non-structural alterations that do not affect any of the systems of the Demised Premises it will not unreasonably withhold its consent. Tenant shall not install any equipment, which would necessitate any changes, replacements or additions to the plumbing, heating, air conditioning or electrical systems of the Demised Premises without the prior consent of Landlord. All alterations, installations, changes, replacements, additions, or improvements to or within the Demised Premises (whether with or without Landlord’s consent) shall, at the election of the Landlord, which consent may remain upon the Demised Premises and be granted or withheld in Landlord’s sole discretion; providedsurrendered with the Demised Premises at the expiration of the Lease or, however that such Landlord consent shall not be required for changes that are not to at the exterior, or are not to the structure, or are not to Buildings systems, or which are merely cosmetic in nature. All Tenant alterations will be accomplished in a good and workmanlike manner at Tenant’s sole expense, in conformity with all Applicable Laws by a licensed and bonded contractor approved in advance by election of Landlord, such approval be removed by Tenant and the Demised Premises returned to its original condition, normal wear and tear excepted. Notwithstanding the foregoing, the initial improvements made pursuant to Exhibit “C” shall remain at the Demised Premises at the expiration or earlier termination of contractor not to be unreasonably withheld or delayed. All contractors performing alterations in the Premises shall carry workers’ compensation insurance, commercial general liability insurance, automobile insurance and excess liability insurance in amounts reasonably acceptable to Landlord Lease and shall deliver become the property of the Landlord without payment therefor by Landlord unless as a certificate of insurance evidencing such coverages condition at the time the Landlord consents to Landlord prior to commencing work in the Premises. Upon completion of any such work, the Landlord expressly requires Tenant shall provide Landlord with “as built” plansto remove the same at the end of the Term. Notwithstanding the above, copies of all construction contracts, and proof of payment for all labor and materials. All alterations or improvements, shall remain with the Premises upon Lease termination or expiration and will be surrendered to Landlord along with the Premises at such time and will be deemed owned by Landlord at all times from and after and upon completion thereof (but rights to the use of same and Tenant may remove Tenant’s obligations to keep in good orderoperating systems, condition furniture and repair and maintain sameother items of movable personal property at the end of the Term of this Lease provided that such systems, as a furniture or personal property were not part of the Premisesinitial fit-out work by Landlord as shown in Exhibit “C” and further provided that the removal of such systems, shall remain with Tenant pursuant to this Lease during the term of this Lease). Tenant will have no authority furniture or power, express or implied, to create or personal property does not cause any construction lien or mechanics’ or materialmen’s lien or claim of any kind against damage to the Demised Premises, the Property or any portion thereof. Landlord’s interest in the Premises is not and shall not be subject to any liens as a result of Tenant’s use or occupancy of the Premises including specifically, without limitation, for improvements made by Tenant, and all such liens are expressly prohibited. Tenant will promptly cause any such liens or claims to be released by payment, bonding or otherwise within thirty (30) days after request by Landlord, and will indemnify Landlord against losses arising out of any such claim including, without limitation, legal fees and court costs. Landlord has the right, but not the obligation, to discharge any such lien. Any amount paid by Landlord for such purpose and Landlord’s related reasonable attorneys’ fees shall be paid by Tenant to Landlord upon demand and shall accrue interest from the date paid by Landlord until Landlord is reimbursed therefor at the highest rate permitted by Law. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIAL FURNISHED OR TO BE FURNISHED TO TENANT, OR TO ANYONE HOLDING THE PREMISES THROUGH OR UNDER TENANT, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN THE PREMISES. TENANT WILL DISCLOSE THE FOREGOING PROVISIONS TO ANY CONTRACTOR ENGAGED BY TENANT PROVIDING LABOR, SERVICES OR MATERIAL TO THE PREMISES.
Appears in 1 contract
Samples: Lease Agreement (Medquist Inc)